Food and Drug Regulations

B.01.503 (1) A person may, on the label of or in any advertisement for a food, make a statement or claim set out in column 4 of the Table of Permitted Nutrient Content Statements and Claims, with respect to a subject set out in column 1, if

• (a) the food meets the applicable conditions set out in column 2;

• (b) the label or advertisement meets the conditions, if any, set out in column 3, in accordance with sections B.01.504 to B.01.506; and

• (c) in the case of a food that is not a prepackaged product, or a prepackaged product for which an advertisement is not made or placed by or on the direction of the manufacturer of the product, the label or advertisement includes, per serving of stated size, and in accordance with section B.01.505 or B.01.506 if applicable,

  • (i) the declaration of the energy value, if the energy value is the subject of the statement or claim, or

  • (ii) the amount of the nutrient, if a nutrient is the subject of the statement or claim.

(1.1) Despite subsection (1), no person shall, on the principal display panel of a prepackaged product, make a statement or claim that is set out in column 4 of the Table of Permitted Nutrient Content Statements and Claims and that relates to a nutrient that is referred to in a nutrition symbol that appears on the panel unless it is a statement or claim respecting one of the following subjects set out in column 1:

• (a) “reduced in saturated fatty acids”, set out in item 20;

• (b) “reduced in sodium or salt”, set out in item 33; or

• (c) “reduced in sugars”, set out in item 38.

(2) Despite subsection (1), no person shall, on the label of or in any advertisement for a food that is intended solely for children under four years of age, make a statement or claim set out in column 4 of the Table of Permitted Nutrient Content Statements and Claims unless it is a statement or claim respecting one of the following subjects set out in column 1:

• (a) “source of protein”, set out in item 8;

• (b) “excellent source of protein”, set out in item 9;

• (c) “more protein”, set out in item 10;

• (d) “no added sodium or salt”, set out in item 35; or

• (e) “no added sugars”, set out in item 40.

(2.01) Despite subsections (1) and (2), it is prohibited, on the label of or in any advertisement for a human milk fortifier, to make a statement or claim set out in column 4 of the Table of Permitted Nutrient Content Statements and Claims.

(2.1) The information required by paragraph (1)(c) need not be included on the label of or in any advertisement for a fresh vegetable or fruit or any combination of fresh vegetables or fruits without any added ingredients, an orange with added food colour or a fresh vegetable or fruit coated with mineral oil, paraffin wax, petrolatum or any other protective coating, if a statement or claim set out in column 4 of the Table of Permitted Nutrient Content Statements and Claims is made on the label or advertisement.

(3) If a statement or claim set out in column 4 of the Table of Permitted Nutrient Content Statements and Claims is made on the label of or in any advertisement for a food, all the words, numbers, signs or symbols that constitute the statement or claim shall be of the same size and prominence.

(4) In the English version of the statements or claims, the word “fibre” may be spelled as “fiber”.