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Food and Drug Regulations (C.R.C., c. 870)

Regulations are current to 2023-01-25 and last amended on 2022-12-08. Previous Versions

PART BFoods (continued)

DIVISION 1 (continued)

General (continued)

 [Repealed, SOR/2022-168, s. 9]

 [Repealed, SOR/2022-168, s. 9]

 [Repealed, SOR/2022-168, s. 9]

 The label of a food that contains polydextrose shall indicate the amount of polydextrose expressed in grams per serving of stated size.

  • SOR/93-276, s. 2
  • SOR/94-779, s. 1
  • SOR/97-512, s. 1
  • SOR/2003-11, s. 10
  • SOR/2016-305, s. 75(F)

 [Repealed, SOR/2022-168, s. 10]

 [Repealed, SOR/2022-168, s. 10]

  •  (1) The label of a food that contains erythritol shall carry a statement indicating the amount of erythritol expressed in grams per serving of stated size unless the label carries a nutrition facts table or supplemented food facts table.

  • (2) The statement of the amount of erythritol shall be grouped together with the statement of the amount of any other sugar alcohols and the amount of polydextrose.

 [Repealed, SOR/2022-168, s. 11]

 The label of a food that is a table-top sweetener that contains aspartame, sucralose, acesulfame-potassium or neotame must carry a statement of the sweetness per serving expressed in terms of the amount of sugar required to produce an equivalent degree of sweetness.

  •  (1) Except in the case of a formulated liquid diet, human milk fortifier or human milk substitute, it is prohibited to sell a food represented in any manner as containing hydrolyzed or partially hydrolyzed collagen, hydrolyzed or partially hydrolyzed gelatin or hydrolyzed or partially hydrolyzed casein unless the label carries the following statement on the principal display panel in the same size type used for the common name:

    “CAUTION, DO NOT USE AS SOLE SOURCE OF NUTRITION”.

  • (2) In this section, formulated liquid diet means a food that meets the requirements of sections B.24.101 to B.24.103.

 [Repealed, SOR/88-559, s. 7]

  •  (1) Subject to subsection (8), where an irradiated food referred to in column 1 of the table to Division 26 is offered for sale as a prepackaged product, the principal display panel of the label applied to the package shall carry the symbol described in subsection (5).

  • (2) Where an irradiated food referred to in column 1 of the table to Division 26 is not a prepackaged product and is offered for sale, a sign that carries the symbol described in subsection (5) shall be displayed immediately next to the food.

  • (3) The symbol required pursuant to subsection (1) or (2) shall appear in close proximity on the principal display panel referred to in subsection (1) or on the sign referred to in subsection (2) to one of the following statements or a written statement that has the same meaning:

    • (a) “treated with radiation”;

    • (b) “treated by irradiation”; or

    • (c) “irradiated”.

  • (4) No person shall sell a food referred to in column 1 of the table to Division 26 that has been irradiated in the manner set out in subsection B.26.003(2) unless the requirements of subsections (1) to (3) are met.

  • (5) For the purposes of subsections (1) to (3), the symbol that indicates the irradiated food shall

    • (a) have an outer diameter

      • (i) in the case referred to in subsection (1), equal to or greater than the height of the numerical quantity prescribed by paragraph 229(1)(a) and subsections 229(2) and (3) of the Safe Food for Canadians Regulations for the declaration of net quantity of the package, and

      • (ii) in the case referred to in subsection (2), not less than 5 cm; and

    • (b) be in the following form:

      Symbol for irradiated food consisting of a plant in a circle in which the top half of the circle is dashed.
  • (6) Notwithstanding subsection B.01.009(1), any food referred to in column 1 of the table to Division 26 that is an ingredient or component of a prepackaged product and that has been irradiated shall, if the food constitutes 10 per cent or more of the prepackaged product, be included in the list of ingredients and preceded by the statement “irradiated”.

  • (7) The label attached to a shipping container that contains a food set out in column 1 of the table to Division 26 that has been subjected to the maximum absorbed dose set out in column 5 shall carry the statement that is required by subsection (3) and the statement “Do not irradiate again.”.

  • (8) Where a shipping container constitutes the package of the prepackaged product, the label attached to the shipping container shall carry the statement required by subsection (7) but need not carry the symbol required by subsection (5).

  • (9) Any advertising of an irradiated food referred to in column 1 of the table to Division 26 shall identify the food as having been irradiated.

  • (10) The statements referred to in subsections (3) and (6) to (8) shall be in both official languages in accordance with subsection B.01.012(2).

 [Repealed, SOR/88-559, s. 8]

 [Repealed, SOR/88-559, s. 9]

 Where a standard for a food is prescribed in this Part,

  • (a) the food shall contain only the ingredients included in the standard for the food;

  • (b) each ingredient shall be incorporated in the food in a quantity within any limits prescribed for that ingredient; and

  • (c) if the standard includes an ingredient to be used as a food additive for a specified purpose, that ingredient shall be a food additive set out in one of the tables to section B.16.100 for use as an additive to that food for that purpose.

 Subject to section B.25.062, where a standard for a food is not prescribed in this Part,

  • (a) the food shall not contain any food additives except food additives set out in a table to section B.16.100 for use as additives to that food for the purpose set out in that table; and

  • (b) each such food additive shall be incorporated in the food in a quantity within any limits prescribed for that food and food additive in that table.

  • SOR/87-640, s. 1

 Where the limit prescribed for a food additive in a table to section B.16.100 is stated to be “Good Manufacturing Practice”, the amount of the food additive added to a food in manufacturing and processing shall not exceed the amount required to accomplish the purpose for which that additive is permitted to be added to that food.

 A food additive shall,

  • (a) where specifications are set out in this Part for that additive, meet those specifications;

  • (b) where no specifications are set out in this Part for the additive, meet the specifications for it, if any, set out in

    • (i) the Food Chemicals Codex, tenth edition, 2016, published by the United States Pharmacopeial Convention, Rockville, MD, United States of America, as that or any subsequent edition, including their supplements, may be amended from time to time; or

    • (ii) the Combined Compendium of Food Additive Specifications, prepared by the Joint FAO/WHO Expert Committee on Food Additives and published by the Food and Agriculture Organization of the United Nations, on the website of the Organization, as amended from time to time; and

  • (c) in the case of a food colour for which no specifications exist under paragraph (a) or (b), contain no more than

    • (i) 3 parts per million of arsenic, and

    • (ii) 10 parts per million of lead.

  • (d) [Repealed, SOR/2010-142, s. 1]

  • (e) [Repealed, SOR/97-512, s. 2]

  • (f) [Repealed, SOR/2016-305, s. 12]

  • (g) [Repealed, SOR/97-512, s. 2]

  • SOR/82-383, s. 1
  • SOR/91-527, s. 3
  • SOR/92-93, s. 1
  • SOR/92-551, s. 1
  • SOR/93-276, s. 3
  • SOR/94-625, s. 4
  • SOR/94-779, s. 2
  • SOR/95-172, s. 2
  • SOR/97-512, s. 2
  • SOR/2010-142, s. 1
  • SOR/2016-305, s. 12

 [Repealed, SOR/2016-74, s. 2]

 [Repealed, SOR/2016-74, s. 2]

  •  (1) The following definitions apply in this section.

    BSE

    BSE means Bovine Spongiform Encephalopathy. (ESB)

    specified risk material

    specified risk material means

    • (a) the skull, brain, trigeminal ganglia, eyes, tonsils, spinal cord and dorsal root ganglia of cattle aged 30 months or older; and

    • (b) the distal ileum of cattle of all ages. (matériel à risque spécifié)

  • (2) No person shall sell or import for sale food that contains specified risk material.

  • (3) Subsection (2) does not apply in respect of food that originates from a country that is designated as being free from BSE in accordance with section 7 of the Health of Animals Regulations.

  • (4) Subsection (2) does not apply in respect of food that is packaged for sale or imported for sale before the day on which this subsection comes into force.

  • SOR/2003-265, s. 1
  •  (1) No person shall sell

    • (a) any animal intended for consumption as food if any product containing any drug listed in subsection (2) has been administered to the animal;

    • (b) any food that is derived from an animal if any product containing a drug listed in subsection (2) has been administered to the animal; or

    • (c) any food that is derived from an animal if the food contains any residue of a drug listed in subsection (2).

  • (2) The drugs referred to in subsection (1) are

    • (a) chloramphenicol and its salts and derivatives;

    • (b) a 5-nitrofuran compound;

    • (c) clenbuterol and its salts and derivatives;

    • (d) a 5-nitroimidazole compound; and

    • (e) diethylstilbestrol and other stilbene compounds.

  • SOR/85-685, s. 1
  • SOR/87-626, s. 1
  • SOR/94-568, s. 1
  • SOR/97-510, s. 1
  • SOR/2003-292, s. 1
  • SOR/2016-74, s. 3

 No person shall use, in labelling, packaging, advertising or selling a food that does not meet the requirements of the kashruth applicable to it, the word “kosher” or any letters of the Hebrew alphabet or any other word, expression, depiction, sign, symbol, mark, device or other representation that indicates or that is likely to create an impression that the food is kosher.

  • SOR/84-300, s. 8

 A person must not use, in labelling, packaging, advertising or selling a food, the word “halal” — or any letters of the Arabic alphabet or any other word, expression, depiction, sign, symbol, mark, device or other representation that indicates or that is likely to create an impression that the food is halal — unless the name of the person or body that certified the food as halal is indicated on the label or package or in the advertisement or sale.

  • SOR/2014-76, s. 1

 No person shall sell a product represented as a ready breakfast or instant breakfast or by any similar designation unless each serving of stated size of the product contains

  • (a) not less than 4.0 mg. iron;

  • (b) Vitamin A, thiamine, riboflavin, niacin or niacinamide and Vitamin C;

  • (c) a good dietary source of protein; and

  • (d) where consumed as directed, not less than 300 calories.

  • SOR/2003-11, s. 13
  • SOR/2016-305, s. 75(F)
  •  (1) In order to generate information in support of an amendment to the Regulations, the Minister may issue to the manufacturer or distributor of a food, where the food or the packaging, labelling or advertising of the food does not comply with the requirements of these Regulations, a Temporary Marketing Authorization Letter that authorizes the sale of the food described therein or the packaging, labelling or advertising of the food described therein for a specified period of time, within a designated area and in a specified quantity, in the manner specified in the Letter if

    • (a) the manufacturer or distributor of the food has supplied to the Minister the following information:

      • (i) the purpose for which the temporary marketing authorization of the food is required,

      • (ii) a description of the food including a sample and proposed label,

      • (iii) a description of any proposed variation from the requirements of these Regulations,

      • (iv) adequate data to show that the use of the food will not be detrimental to the health of the purchaser or user,

      • (v) the proposed quantity of the food to be sold,

      • (vi) the proposed period of time required for such sale,

      • (vii) the proposed area designated for such sale, and

      • (viii) such other data as the Minister may require; and

    • (b) the manufacturer or distributor of the food has agreed to

      • (i) describe the food on a label or in an advertisement in a manner that is not false, misleading or deceptive,

      • (ii) use such marks or statements on the label or in any advertisement as the Minister may require,

      • (iii) on request, submit to the Minister results of the temporary marketing, and

      • (iv) on request, withdraw the product from sale where the Minister is of the opinion that it is in the public interest to do so.

  • (2) The Minister shall, in any Temporary Marketing Authorization Letter issued pursuant to subsection (1), set out

    • (a) the common name and description of the food to be sold;

    • (b) the name and address of the manufacturer or distributor of the food;

    • (c) the purpose for which the temporary marketing of the food is authorized;

    • (d) the quantity of the food that is authorized for sale;

    • (d.1) the type of packaging, labelling or advertising authorized in respect of the food where the Letter is intended to authorize a variation from a requirement of any provision of the Regulations respecting packaging, labelling or advertising;

    • (e) the period of time during which the food may be sold; and

    • (f) the designated area within which the food may be sold.

  • SOR/81-566, s. 1
  • SOR/85-275, s. 1
  • SOR/2018-69, s. 27
 
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