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Version of document from 2006-03-22 to 2011-09-29:

Maple Products Regulations

C.R.C., c. 289

CANADA AGRICULTURAL PRODUCTS ACT

Regulations Establishing National Standards for and Regulating International and Interprovincial Trade in Maple Products

Short Title

 These Regulations may be cited as the Maple Products Regulations.

Interpretation

 In these Regulations,

Act

Act means the Canada Agricultural Products Act; (Loi)

adulterated

adulterated, in respect of a maple product, means adulterated within the meaning of sections B.01.046 and B.01.047 and Division 15 of Part B of the Food and Drug Regulations; (falsifié)

Agency

Agency means the Canadian Food Inspection Agency established by section 3 of the Canadian Food Inspection Agency Act; (Agence)

Certificate of Registration

Certificate of Registration[Revoked, SOR/91-371, s. 1]

colour class

colour class means a colour class referred to in paragraph 5(1)(f); (classe de couleur)

communicable disease

communicable disease means a disease capable of being transmitted through food or likely to contaminate food or food contact surfaces with microorganisms; (maladie transmissible)

container

container[Revoked, SOR/91-371, s. 1]

contaminated

contaminated, in respect of a maple product, means containing a chemical, drug, food additive, heavy metal, industrial pollutant, ingredient, medicament, microbe, pesticide, poison, toxin or any other substance not permitted by, or in an amount in excess of limits prescribed under, the Canadian Environmental Protection Act, 1999, the Food and Drugs Act or the Pest Control Products Act; (contaminé)

Department

Department[Repealed, SOR/2000-184, s. 13]

Director

Director means the Director designated by the President of the Agency; (directeur)

edible

edible means fit for use as human food; (version anglaise seulement)

Executive Director

Executive Director means the Executive Director designated by the President of the Agency; (directeur exécutif)

first dealer

first dealer means any person who acquires for sale under their own label a maple product packed by another person; (premier commerçant)

food

food has the same meaning as in section 2 of the Food and Drugs Act; (aliment)

food additive

food additive has the same meaning as in section B.01.001 of Part B of the Food and Drug Regulations; (additif alimentaire)

grade

grade means a grade established by section 4 for maple syrup; (catégorie)

grade name

grade name[Revoked, SOR/91-371, s. 1]

label

label[Revoked, SOR/91-371, s. 1]

light transmission

light transmission means the ability of maple syrup to transmit light as determined in accordance with Schedule III; (transmission de lumière)

maple product

maple product means any product obtained exclusively by the concentration of maple sap or maple syrup, excluding any substitute; (produit de l’érable)

maple sap

maple sap means the sap obtained exclusively from trees of the botanical genus Acer; (sève d’érable)

maple syrup

maple syrup means the syrup obtained by the concentration of maple sap or by the dilution or solution of a maple product, other than maple sap, in potable water; (sirop d’érable)

maple syrup shipper

maple syrup shipper[Revoked, SOR/91-371, s. 1]

maple syrup shipper establishment

maple syrup shipper establishment means the establishment of a person who buys maple syrup that is packed in bulk containers for colour classification, preparation and resale in bulk and who exports the syrup or conveys it from one province to another; (établissement d’un expéditeur de sirop d’érable)

Minister

Minister[Revoked, SOR/91-371, s. 1]

operator

operator means the person who is responsible for the operation of a registered establishment; (exploitant)

packer

packer[Revoked, SOR/91-371, s. 1]

packing establishment

packing establishment means an establishment in which the preparation of maple products, including colour classification, takes place, but does not include a sugar bush establishment or a maple syrup shipper establishment; (établissement d’emballage)

packing plant

packing plant[Revoked, SOR/91-371, s. 1(E)]

panel

panel means principal display panel; (espace)

principal display panel

principal display panel and principal display surface have the same meanings as in the Consumer Packaging and Labelling Regulations; (espace principal and principale surface exposée)

Regional Director General

Regional Director General[Repealed, SOR/2000-184, s. 13]

registered establishment

registered establishment means an establishment that is registered in accordance with section 6.1; (établissement agréé)

registration number

registration number means the number assigned to a registered establishment under section 6.1; (numéro d’agrément)

substitute

substitute means any product that resembles a maple product in appearance and is prepared for the same uses as a maple product but is not obtained exclusively from maple sap; (succédané)

sugar bush establishment

sugar bush establishment means an establishment in which the preparation of maple products directly from maple sap, including colour classification, takes place. (établissement d’une érablière)

sugar bush operator

sugar bush operator[Revoked, SOR/91-371, s. 1]

  • SOR/81-577, s. 1
  • SOR/85-264, s. 1
  • SOR/89-267, s. 1
  • SOR/91-371, s. 1
  • SOR/91-523, s. 1
  • SOR/97-292, s. 10
  • SOR/97-302, s. 1
  • SOR/2000-184, s. 13
  • SOR/2003-6, s. 33
  • SOR/2004-80, s. 2

Application

 These Regulations apply to maple products including maple syrup, maple sugar, soft maple sugar, maple butter and maple taffy.

Prohibition

 No person shall market a product in import, export or interprovincial trade in such a manner that it is likely to be mistaken for a maple product for which a grade or standard is established under these Regulations.

  • SOR/91-523, s. 2
  • SOR/2003-6, s. 34

Health and Safety

  •  (1) Subject to subsections (2) and (3), no person shall market a maple product in import, export or interprovincial trade as food unless the maple product

  • (2) No maple product that is adulterated or contaminated shall be mixed with a maple product that is not adulterated and not contaminated for the purpose of bringing the adulterated or contaminated maple product into compliance with the requirements of paragraphs (1)(a) to (e).

  • (3) and (4) [Repealed, SOR/2003-6, s. 35]

  • SOR/91-523, s. 2
  • SOR/2003-6, s. 35

 Notwithstanding section 3.2, a maple product that is adulterated or contaminated may be marketed in import, export or interprovincial trade as animal food where it is

  • (a) fit for use as animal food;

  • (b) labelled with the words “animal food” and “aliments pour animaux”;

  • (c) prepared separately from maple products intended for use as food; and

  • (d) where appropriate, treated to give it the appearance of being inedible.

  • SOR/91-523, s. 2
  • SOR/2003-6, s. 36

 [Repealed, SOR/2003-6, s. 37]

PART IGrades and Grading

  •  (1) There shall be three grades of maple syrup with the grade names “Canada No. 1”, “Canada No. 2” and “Canada No. 3”.

  • (2) The requirements set out in Schedule I are hereby prescribed as the requirements for the grades of maple syrup established by subsection (1).

  •  (1) Maple syrup may be graded only if

    • (a) it is produced exclusively by the concentration of maple sap or by the dilution or solution of a maple product, other than maple sap, in potable water;

    • (b) it is clean, wholesome and fit for human consumption;

    • (c) it is free from any defect or deterioration affecting its edibility, appearance or shipping quality;

    • (d) [Revoked, SOR/89-267, s. 2]

    • (e) it has a minimum soluble solids content of 66 per cent as determined by a refractometer or hydrometer at 20°C; and

    • (f) its colour class has been determined in accordance with Schedule III.

  • (2) Maple syrup shall be graded in

    • (a) a registered establishment; or

    • (b) any place, where it is graded by or on behalf of the operator of a registered maple syrup shipper establishment.

  • SOR/81-577, s. 2
  • SOR/86-418, s. 1
  • SOR/89-267, s. 2
  • SOR/91-371, s. 2
  •  (1) Subject to subsection (2), no person other than a grader shall grade maple syrup.

  • (2) Maple syrup may be graded by the operator or an employee of a registered establishment if the grading is carried out under the supervision of a grader.

  • SOR/91-371, s. 3

PART I.1Registered Establishments

Registration of Establishments

  •  (1) An application for the registration of a sugar bush establishment, a packing establishment or a maple syrup shipper establishment, or for the renewal or the amendment of an existing registration, shall be made to the Director in a form provided by the Agency, accompanied by the applicable fee prescribed by the Canadian Food Inspection Agency Fees Notice, and shall contain the following information:

    • (a) the name, address, including the postal code, telephone number and, if any, facsimile number and electronic mail address of the applicant and of the establishment, where they are different from those of the applicant;

    • (b) whether it is an application for a new registration or for a renewal or an amendment of an existing registration;

    • (c) the existing registration number, if any;

    • (d) whether the establishment is owned by an individual, a partnership, a co-operative or a corporation;

    • (e) the name under which the establishment operates, where the name is different from that of the applicant;

    • (f) the names and titles of all owners, partners, officers and directors of the establishment; and

    • (g) whether the establishment is a sugar bush establishment, a packing establishment or a maple syrup shipper establishment.

  • (2) An application referred to in subsection (1) shall have annexed thereto an outline of a sanitation program for the establishment, indicating

    • (a) the person responsible for carrying out the program;

    • (b) the equipment and chemical agents available for use to bring about and maintain clean and sanitary conditions; and

    • (c) the measures proposed to be taken to ensure clean and sanitary conditions.

  • SOR/81-577, s. 3
  • SOR/83-424, s. 1
  • SOR/85-264, s. 2
  • SOR/91-371, s. 4
  • SOR/97-302, s. 2
  • SOR/2000-183, s. 11
  • SOR/2000-184, s. 15
  •  (1) Where an application referred to in subsection 6(1) is made, the establishment shall be registered if the following conditions are met:

    • (a) the person who is responsible for the operation of the establishment demonstrates to an inspector that he understands the colour-classification and grading requirements of these Regulations;

    • (b) the person who is responsible for the operation of the establishment has at his disposal the equipment necessary to determine the colour and soluble-solids content of maple syrup; and

    • (c) the establishment meets the requirements of these Regulations.

  • (2) Where the conditions set out in subsection (1) are met, the Director shall

    • (a) register the establishment by entering the name of the establishment in the register of registered establishments of the Agency and by assigning a registration number to the establishment; and

    • (b) issue to the operator of the establishment a certificate of registration.

  • (3) Subject to sections 6.3 and 6.4, a certificate of registration shall remain in force for a period of 12 months following the date of issuance.

  • (4) [Repealed, SOR/2000-183, s. 12]

  • SOR/91-371, s. 4
  • SOR/97-302, s. 3
  • SOR/2000-183, s. 12
  • SOR/2000-184, s. 15
  •  (1) The operator shall post and keep posted the certificate of registration issued to the operator under section 6.1 in a conspicuous place in the registered establishment for the period during which the certificate remains in force.

  • (2) A certificate of registration is not assignable or transferable.

  • SOR/91-371, s. 4
  • SOR/2003-6, s. 38(E)

Suspension of Registration

  •  (1) The Director may suspend the registration of a registered establishment

    • (a) where

      • (i) the establishment does not meet the requirements of the Act or these Regulations,

      • (ii) the operator does not comply with the provisions of the Act or these Regulations, or

      • (iii) it is reasonable to believe that public health will be endangered if the establishment is allowed to continue operating; and

    • (b) where the operator has failed or is unable to take immediate corrective measures to remedy any situation referred to in paragraph (a).

  • (2) No registration shall be suspended under subsection (1) unless

    • (a) an inspector has, at the time of an inspection, notified the operator of the existence of grounds for suspension under paragraph (1)(a);

    • (b) an inspector has provided the operator with a copy of an inspection report prepared by the inspector that sets out the grounds for suspension, the required corrective measures and the dates by which those measures must be implemented in order to avoid suspension and cancellation; and

    • (c) a notice of suspension of registration is delivered to the operator.

  • (3) A suspension of registration under subsection (1) shall remain in effect

    • (a) until the required corrective measures have been taken and have been verified by an inspector; or

    • (b) where a cancellation procedure has been commenced under section 6.4, until resolution of the cancellation issuer.

    • (c) [Repealed, SOR/2002-68, s. 7]

  • SOR/91-371, s. 4
  • SOR/2002-68, s. 7

Cancellation of Registration

  •  (1) The Director may cancel the registration of a registered establishment where

    • (a) the operator has not implemented the required corrective measures within the 30-day period following the day on which the registration was suspended or within any longer period of time allowed under subsection (1.1);

    • (b) there is a change in ownership that involves a change of management of the establishment; or

    • (c) the application for registration contains false or misleading information.

  • (1.1) If it is not possible for the operator to implement the required corrective measures within 30 days, the Director shall, on the request of the operator, allow the operator a longer period of time that is adequate to implement those measures.

  • (2) No registration shall be cancelled under subsection (1) unless

    • (a) the operator was advised of an opportunity to be heard in respect of the cancellation and was given that opportunity; and

    • (b) a notice of cancellation of registration was delivered to the operator.

    • (c) and (d) [Repealed, SOR/2002-68, s. 8]

  • SOR/91-371, s. 4
  • SOR/2002-68, s. 8

Surrender of Certificate of Registration

 Where the registration of an establishment has been suspended or cancelled, the operator of the establishment shall immediately surrender the certificate of registration to an inspector.

  • SOR/91-371, s. 4
  • SOR/97-302, s. 4
  •  (1) In every packing plant

    • (a) the land and buildings comprising the plant,

    • (b) the lavatories, dressing rooms and washrooms in the plant, and

    • (c) all containers used in the plant

    shall be clean and sanitary.

  • (2) Every packing plant shall be so designed and constructed that

    • (a) no odours or fumes from any lavatory, sink or cesspool will pervade any room or area in which maple products are prepared, packed or stored; and

    • (b) no maple product will come in contact with anything in the plant that might injuriously affect its quality.

  • (3) No person who is suffering from a communicable disease, is a known carrier of a communicable disease or has an infected wound or open lesion shall work in any area of a packing plant where there is a danger of contaminating maple products or maple product contact surfaces with micro-organisms of public health significance.

  • (3.1) Every person engaged in handling or processing maple products shall maintain a high degree of personal cleanliness while on duty and wear and keep clean appropriate clothing including suitable hair covering in order to prevent contamination of maple products.

  • (4) No person shall smoke or chew tobacco in any part of a packing plant in which maple products are prepared.

  • (5) All equipment used in the operations of a sugar bush operator who prepares and grades maple products shall be clean and sanitary.

  • SOR/83-424, s. 2
  • SOR/85-264, s. 3

 All maple products that are prepared or graded in a packing plant shall be prepared, packed and stored in a sanitary manner.

PART IIPacking

 Maple syrup shall be packed as required by this Part as a condition to application or use of a grade name in respect of that syrup.

  •  (1) Every container that is

    • (a) marked with a grade name, or

    • (b) shipped outside the province in which it was produced

    shall be clean and sound.

  • (2) Every container

    • (a) of maple syrup that

      • (i) has a capacity of five litres or less, and

      • (ii) is marked with a grade name, and

    • (b) of maple sugar that

      • (i) has a capacity of five kilograms or less, and

      • (ii) is exported out of Canada or sent or conveyed from one province to another

    shall be new.

  • (3) Maple syrup marked with a grade name shall be packed in a container that is of a container size set out in Schedule V.I.

  • (4) Maple sugar shall not be packed in a container for export out of Canada or for sending or conveying from one province to another unless the net weight of the sugar in the container

    • (a) does not exceed 125 g; or

    • (b) is equal to

      • (i) 250 g,

      • (ii) 375 g,

      • (iii) 500 g,

      • (iv) 750 g,

      • (v) 1 kg, or

      • (vi) any multiple of 1 kg.

  • (5) For the purposes of this section, the net quantity of maple syrup in a container shall be determined by the method described in Schedule V.

  • (6) Every container of maple syrup or maple sugar marked with a grade name shall

    • (a) be filled to at least 90 per cent of its capacity; and

    • (b) contain at least the net quantity of maple syrup or maple sugar that is marked on its label.

  • (7) Every container of maple syrup shall be capable of being securely closed by means of a screw-cap, friction lid or hermetically sealed lid, bung or similar device.

  • (8) and (9) [Revoked, SOR/81-577, s. 4]

  • SOR/81-577, s. 4
  • SOR/92-497, s. 1

PART IIIMarkings

 Maple syrup shall be marked as required by this Part as a condition to the application or use of a grade name in respect of that syrup.

  •  (1) Every container of maple syrup that is graded under these Regulations shall bear a label marked

    • (a) with the words “maple syrup” and “sirop d’érable”;

    • (b) with the grade name on the same panel as the name of the product and in letters of a size set out in Schedule IV;

    • (c) with the name of the colour class in English and French adjacent to the grade name and in letters of a size set out in Schedule IV;

    • (d) with a true and correct declaration of net quantity expressed in litres or, where less than one litre, in millilitres;

    • (e) with

      • (i) the name and address of the sugar bush establishment, the packing establishment or the maple syrup shipper establishment, or

      • (ii) the name and address of the first dealer and the registration number of the packing establishment.

  • (2) Where the area of the principal display surface of a label is that set out in Column I of an item of Schedule IV, letters with the minimum height set out in Column II of the item shall be used.

  • (3) Every container of a maple product, other than maple syrup, that is shipped in interprovincial or international trade shall bear a label marked

    • (a) with the name of the contents;

    • (b) with a true and correct declaration of net quantity expressed in kilograms or, where less than one kilogram, in grams; and

    • (c) with

      • (i) the name and address of the sugar bush establishment or the packing establishment, or

      • (ii) the name and address of the first dealer and the registration number of the packing establishment.

  • SOR/91-371, s. 5

PART IVInspection and Grading Services

  •  (1) A person who wishes to have maple products inspected or graded shall

    • (a) make a request to an inspector at least 24 hours before the service is required or, if there is no inspector in the area, at the nearest inspection office at least 48 hours before the service is required;

    • (b) present the maple products at a place and time designated by an inspector;

    • (c) make all maple products from which samples will be drawn by the inspector readily accessible and ensure that they are in a condition suitable for inspection or grading;

    • (d) be available to assist the inspector, or designate an employee on the premises who will be available to assist the inspector, to open and close the containers and provide such other assistance as the inspector may request in order to provide the service;

    • (e) indicate the grade names and colour class, if any, proposed to be placed on the containers, where the maple products are unlabelled at the time they are presented;

    • (f) indicate whether a certificate of inspection will be required; and

    • (g) pay the applicable fee prescribed by the Canadian Food Inspection Agency Fees Notice, in accordance with the conditions of payment set out in that Notice.

  • (2) An inspector shall, on the written request of a person who has a financial interest in maple products that were inspected or graded under these Regulations, provide the person with a copy of the certificate of inspection.

  • (3) [Repealed, SOR/2000-183, s. 13]

  • SOR/97-302, s. 5
  • SOR/2000-183, s. 13
  • SOR/2004-80, s. 3
  •  (1) Subject to subsection (3), the Director must, on application by a person who has a financial interest in maple products in respect of which a certificate of inspection or an export certificate has been issued under section 13, grant an appeal inspection of those products.

  • (2) The application for an appeal inspection shall

    • (a) set out the reasons for requesting the appeal inspection; and

    • (b) be accompanied by a copy of the original certificate.

  • (3) The Director may refuse to grant an appeal inspection where

    • (a) the maple products cannot be made accessible for inspection;

    • (b) the maple products cannot be identified by the original certificate or the vehicle, if any, in which they were conveyed;

    • (c) less than 75 per cent of the lot of maple products is available for inspection;

    • (d) the person who applied for the appeal inspection has not indicated the reasons for requesting the appeal inspection or has not supplied a copy of the original certificate; or

    • (e) the applicable fee referred to in paragraph 13(1)(g) has not been paid.

  • (4) Where the Director grants an appeal inspection, the inspector carrying out the appeal inspection shall

    • (a) where the results of the appeal inspection substantiate the results of the original inspection, confirm the original certificate; and

    • (b) where the results of the appeal inspection do not substantiate the results of the original inspection with respect to any factor that could not have changed since the original inspection, issue a certificate rendering the original certificate null and void.

  • SOR/97-302, s. 5
  • SOR/2002-354, s. 12
  • SOR/2004-80, s. 4

PART VImport, Export and Interprovincial Trade

[SOR/86-811, s. 1]
  •  (1) Subject to subsection (2), no person shall export out of Canada or send or convey from one province to another any maple syrup unless it is marked with a grade name and meets the requirements for that grade set out in Schedule I.

  • (2) Maple syrup may be sent or conveyed from one province to another without being graded and marked as prescribed by these Regulations if

    • (a) it is packed in containers that have a capacity of more than 5 L; and

    • (b) it is to be graded or reprocessed at a packing plant registered under these Regulations.

  • SOR/86-418, s. 2
  •  (1) No person shall market in export trade any maple product unless it is packed and marked in accordance with Parts II and III.

  • (2) Despite sections 12 and 15 and subsection (1), maple syrup or any other maple product that is not packed in a container of a size prescribed by these Regulations and not marked as prescribed by these Regulations may be marketed in export trade if

    • (a) the registration number issued to the operator of the packing establishment, to the sugar bush operator or to the maple syrup shipper is marked on the label of the container or appears on the bill of lading or contract of sale; and

    • (b) the label or other markings on the container do not misrepresent the quality, quantity, composition, characteristics, safety or value of the maple syrup or maple product.

  • SOR/81-577, s. 5(F)
  • SOR/89-267, s. 3
  • SOR/97-302, s. 6
  • SOR/98-154, s. 1
  • SOR/2000-184, s. 15
  • SOR/2002-354, s. 13
  •  (1) A person who wishes to obtain an export certificate for a maple product that certifies that the product meets the requirements of these Regulations shall

    • (a) submit an application, in a form provided by the Agency, duly completed in duplicate, to an inspector or at the nearest inspection office, containing the following information:

      • (i) the date and place of the application,

      • (ii) the registration number of the establishment in which the maple product was prepared,

      • (iii) the name and address of the exporter,

      • (iv) the name and address of the consignee,

      • (v) the name of the carrier,

      • (vi) the date the shipment is to go forward,

      • (vii) a description of the maple product and any identification marks, including the grade and colour class claimed and the brand name,

      • (viii) the number of shipping containers and the size, number and kind of containers per shipping container,

      • (ix) a statement that the maple product mentioned in the application is sound, wholesome and edible and that it meets the requirements of the Act and these Regulations,

      • (x) the signature of the applicant, and

      • (xi) whether or not a block inspection is requested;

    • (b) have the product inspected by an inspector; and

    • (c) pay the applicable fee prescribed by the Canadian Food Inspection Agency Fees Notice, in accordance with the conditions of payment set out in that Notice.

  • (2) An inspector may carry out a block inspection if

    • (a) the maple product is prepackaged;

    • (b) the individual lots that make up a block of that maple product are easily identifiable; and

    • (c) the total net quantity of maple product in the block does not exceed 40,000 kg.

  • SOR/89-267, s. 4
  • SOR/97-302, s. 7
  • SOR/2000-183, s. 14
  • SOR/2000-184, s. 15

 No person shall convey from one province to another any maple product for which standards are set out in Schedule II unless it

  • (a) complies with those standards; and

  • (b) is packed and marked in accordance with Part II and Part III.

  • SOR/89-267, s. 5
  •  (1) This Part does not apply in respect of a shipment of maple products that

    • (a) in the case of maple syrup, does not exceed 100 L;

    • (b) in the case of maple products other than maple syrup, weighs 25 kg or less;

    • (c) is part of an immigrant’s effects;

    • (d) is carried on any vessel, train, motor vehicle, aircraft or other means of transportation for use as food for the crew or passengers thereof;

    • (e) is consigned to a national or international exhibition, weighs 100 kg or less, and is not intended for sale in Canada; or

    • (f) is imported from the United States onto the Akwesasne Reserve for use by an Akwesasne resident.

  • (2) Paragraph (1)(f) does not apply in respect of a maple product shipped to Canada from another country through the United States, where the shipment is bonded.

  • (3) For the purpose of paragraph (1)(f), Akwesasne resident means any individual who has established permanent residence on the Akwesasne Reserve.

  • SOR/86-811, s. 2
  • SOR/92-9, s. 1
  • SOR/97-302, s. 8
  •  (1) No person shall import into Canada

    • (a) any maple syrup packed in containers that have a capacity of 5 L or less unless

      • (i) it is marked with one of the grade designations No. 1, No. 2 or No. 3 on the same panel of the label as the name of the product and in letters of a size set out in Schedule IV,

      • (ii) it complies with standards that are equivalent to the grade requirements set out in Schedule I for the grade whose number corresponds to the number of its grade designation,

      • (iii) it is marked with the name of its colour class in English and French adjacent to the grade name and in letters of a size set out in Schedule IV,

      • (iv) the percentage of light transmission of the maple syrup is as required by Schedule III for the colour class with which it is marked,

      • (v) it is packed in the manner set out in section 10, and

      • (vi) it bears a label marked

        • (A) with the name of the contents,

        • (B) with a true and correct declaration of net quantity expressed in litres or, where less than a litre, in millilitres,

        • (C) with the name and address of the packer or importer, and

        • (D) with a declaration of the country of origin; or

    • (b) any maple product other than maple syrup packed in containers that have a capacity of 5 kg or less unless

      • (i) it complies with the standards that are equivalent to those set out in Schedule II,

      • (ii) it is packed in the manner set out in section 10, and

      • (iii) it bears a label marked

        • (A) with the name of the contents,

        • (B) with a true and correct declaration of net quantity expressed in kilograms or, where less than a kilogram, in grams,

        • (C) with the name and address of the packer or importer, and

        • (D) with a declaration of the country of origin.

  • (2) No person shall import into Canada any maple syrup packed in containers that have a capacity exceeding 5 L or any maple product other than maple syrup packed in containers that have a capacity exceeding 5 kg unless

    • (a) the product complies

      • (i) in the case of maple syrup, with subparagraphs (1)(a)(i) to (vi), and

      • (ii) in the case of a maple product other than maple syrup, with subparagraphs (1)(b)(i) to (iii); or

    • (b) authorization in writing is obtained from the Executive Director for each shipment before it enters Canada and, on entry into Canada, the shipment is subjected to any inspection or analysis that under these Regulations is necessary to determine whether the product complies with these Regulations.

  • SOR/81-577, s. 6
  • SOR/97-292, s. 11
  • SOR/2000-184, s. 14

PART VIAdministration

Seizure and Detention

[SOR/91-523, s. 3]
  •  (1) Where an inspector seizes and detains any maple product or other thing pursuant to section 23 of the Act, the inspector shall affix to the maple product, to its container or to the other thing a detention tag on which the following are clearly marked:

    • (a) the words “UNDER DETENTION” and “RETENU”, in bold-face letters;

    • (b) an identification number;

    • (c) a description of the maple product or other thing;

    • (d) the reason for the seizure and detention;

    • (e) the date of the seizure and detention; and

    • (f) the name of the inspector, in block letters, and the signature of the inspector.

  • (2) No person shall alter, deface or remove a detention tag affixed to a maple product, to its container or to any other thing unless the person is authorized to do so by an inspector.

  • SOR/83-424, s. 3
  • SOR/91-371, s. 6
  •  (1) An inspector shall, after detaining any maple product or other thing in accordance with subsection 20(1), forthwith deliver or mail a notice of detention

    • (a) to the person having the care or custody of the maple product or other thing at the place where it was seized;

    • (b) to the owner of the maple product or other thing that was seized, or to the owner’s agent; and

    • (c) where the maple product or other thing is removed from the place where it was seized to another place in accordance with subsection 19(5) or 25(1) of the Act, to the person having the care or custody of the maple product or other thing at that other place.

  • (2) A notice of detention referred to in subsection (1) shall state that the maple product or other thing was seized and detained pursuant to section 23 of the Act and shall set out

    • (a) the detention tag identification number;

    • (b) a description of the maple product or other thing;

    • (c) the reason for the seizure and detention;

    • (d) the date of the seizure and detention;

    • (e) the name of the inspector, in block letters, and the signature of the inspector;

    • (f) the place of detention; and

    • (g) the telephone number to call for further information in respect of the seizure and detention.

  • SOR/91-371, s. 6

 Any maple product or other thing detained under section 23 of the Act shall be detained under storage conditions appropriate to the preservation of the maple product or other thing.

  • SOR/91-371, s. 6

 Where an inspector determines that any detained maple product or other detained thing meets the requirements of the Act and these Regulations, the inspector shall release the maple product or other thing and shall deliver or mail one copy of a notice of release to each of the persons to whom a copy of the notice of detention referred to in subsection 21(1) was delivered or mailed.

  • SOR/85-264, s. 4
  • SOR/91-371, s. 6

Forfeiture and Disposal

[SOR/91-523, s. 4]
  •  (1) A maple product or other thing forfeited under subsection 28(1) of the Act shall be disposed of in the manner ordered by the court directing the forfeiture and, if no order for the disposition of the maple product or other thing is made by that court, the maple product or other thing shall be disposed of in the following manner:

    • (a) in the case of a maple product that is edible, it shall be

      • (i) sold and any proceeds deposited to the credit of the Receiver General, or

      • (ii) donated to a charitable institution;

    • (b) in the case of a maple product that is inedible, it shall be

      • (i) sold for preparation as animal food or as a non-food product and any proceeds deposited to the credit of the Receiver General, or

      • (ii) disposed of or destroyed in a manner consistent with all applicable environmental requirements; and

    • (c) in the case of a thing other than a maple product, it shall be sold and any proceeds deposited to the credit of the Receiver General.

  • (2) Any maple product or thing forfeited under subsection 28(2) of the Act shall be disposed of in the manner set out in subsection (1).

  • SOR/91-371, s. 6

 Maple products that are forfeited under subsection 30(2) of the Act shall be disposed of in the following manner:

  • (a) in the case of a maple product that is edible, it shall be

    • (i) sold and the proceeds deposited to the credit of the Receiver General, or

    • (ii) donated to a charitable institution; and

  • (b) in the case of a maple product that is inedible, it shall be

    • (i) sold for preparation as animal food or as a non-food product and the proceeds deposited to the credit of the Receiver General, or

    • (ii) disposed of or destroyed in a manner consistent with all applicable environmental requirements.

  • SOR/91-523, s. 5

SCHEDULE I(Sections 4, 15 and 19)Grade Requirements for Maple Syrup

  • 1 Maple syrup may be graded as “Canada No. 1” if, in addition to meeting the requirements set out in section 5 of these Regulations,

    • (a) it is free from fermentation;

    • (b) it is uniform in colour and free from any cloudiness or turbidity;

    • (c) its colour class is Extra Light, Light or Medium; and

    • (d) it has a maple flavour characteristic of its colour class and is free from any objectionable odour or taste.

  • 2 Maple syrup may be graded as “Canada No. 2” if, in addition to meeting the requirements set out in section 5 of these Regulations,

    • (a) it is free from fermentation;

    • (b) it is uniform in colour and free from any cloudiness or turbidity;

    • (c) its colour class is Amber; and

    • (d) it has a maple flavour characteristic of its colour class and is free from any objectionable odour or taste.

  • 3 Maple syrup may be graded as “Canada No. 3” if, in addition to meeting the requirements set out in section 5 of these Regulations, it has a characteristic maple flavour and is free from any objectionable odour or taste other than a trace of a caramel, buddy or sappy taste.

SCHEDULE II(Sections 17 and 19)Standards for Maple Products Other than Maple Syrup

  • 1 Maple sugar, soft maple sugar, maple butter, maple taffy or any other maple product except maple syrup shall

    • (a) consist entirely of the product obtained directly or indirectly from maple sap;

    • (b) be clean and free from objectionable flavours;

    • (c) be free from any defect or deterioration affecting its edibility, appearance or shipping quality;

    • (d) [Revoked, SOR/89-267, s. 6]

    • (e) have a characteristic maple flavour; and

    • (f) subject to section 2, contain not more than 10 per cent moisture.

  • 2 Paragraph 1(f) applies only to maple sugar.

  • SOR/89-267, s. 6

SCHEDULE III(Sections 2, 5 and 19)Determining Colour Classes of Maple Syrup

  • 1 The determination of the light transmission of maple syrup shall be made optically by means of

    • (a) a spectrophotometer using matched square optical cells having a 10 mm light path at a wavelength of 560 nm, the colour values being expressed in per cent of light transmission as compared to A.R. Glycerol fixed at 100 per cent transmission; or

    • (b) an approved visual glass comparator, the optical specifications of which correspond as closely as possible to the method described in paragraph (a).

  • 2 Maple syrup shall be regarded as in a colour class set out in Column I of an item of the table if its percentage of light transmission is that set out in Column II of the item.

    TABLE

    Column IColumn II
    ItemColour ClassPercentage of Light Transmission
    1Extra Light (Extra clair)not less than75.0
    2Light (Clair)

    less than

    but not less than

    75.0

    60.5

    3Medium (Médium)

    less than

    but not less than

    60.5

    44.0

    4Amber (Ambré)

    less than

    but not less than

    44.0

    27.0

    5Dark (Foncé)less than27.0

SCHEDULE IV(Sections 12 and 19)

Size of Letters for Maple Syrup Label Markings

Column IColumn II
Area of Principal Display SurfaceMinimum Height of Letters
In InchesIn Millimetres
1not more than 5 square inches (32 square centimetres) blank line1/161.6
2more than 5 square inches (32 square centimetres), but not more than 40 square inches (258 square centimetres) blank line1/83.2
3more than 40 square inches (258 square centimetres), but not more than 100 square inches (645 square centimetres) blank line1/46.4
4more than 100 square inches (645 square centimetres), but not more than 400 square inches (25.8 square decimetres) blank line3/89.5
5more than 400 square inches blank line1/212.7

SCHEDULE V(Section 10)Method of Determining Fluid Net Contents of Containers of Maple Syrup

  • 1 Ten containers of the same product shall be taken directly from the packer or wholesaler and the containers shall all be of the same size or declared net contents and selected to represent as many lots or batches of that product as possible.

  • 2 Examine the containers and discard any container that is suspected of leaking.

  • 3 Measure the entire fluid contents of each container at 20 degrees Celsius using metric graduated cylinders which cylinders shall be clean and dry for each measurement.

  • 4 Express the results in millilitres or fluid ounces depending on whether the quantity declared on the label of the container is expressed in imperial or metric measure.

  • 5 The lot shall be considered acceptable only if the average net contents of the 10 containers as measured equals or exceeds the declared net contents.

SCHEDULE V.I(Subsection 10(3))

Container Sizes for Maple Syrup

  • 1 
    250 mL or less (sizes in whole numbers)
  • 2 
    375 mL
  • 3 
    500 mL
  • 4 
    19 fl oz (540 mL)
  • 5 
    750 mL
  • 6 
    1 L
  • 7 
    1.5 L
  • 8 
    Any whole-number multiple of 1 L
  • SOR/92-497, s. 2

SCHEDULE VI

[Repealed, SOR/97-302, s. 9]

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