Short Title

1 These Regulations may be cited as the Fish Inspection Regulations.

Interpretation

2 In these Regulations,

Act

Act means the Fish Inspection Act; (Loi)

additive

additive means a food additive as defined in section B.01.001 of the Food and Drug Regulations; (additif)

Agency

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

bloaters

bloaters means salted, smoked, round herring; (bouffis)

bloater fillets

bloater fillets means fillets of salted, smoked, round herring; (filets de bouffis)

breaded fish

breaded fish means fish or fish flesh that is coated with batter and breading; (poisson pané)

brine

brine means a solution of common salt (sodium chloride) and fresh water, or sea water with or without the addition of salt; (saumure)

can

can means any hermetically sealed container; (boîte)

Canadian Shellfish Sanitation Program Manual

Canadian Shellfish Sanitation Program Manual means the Canadian Shellfish Sanitation Program Manual published by the Department of Fisheries and Oceans and the Department of the Environment in 1992, as amended from time to time; (Manuel du Programme canadien de contrôle de la salubrité des mollusques)

canned fish

canned fish means any fish that is sealed in a can and is sterilized; (conserve de poisson)

cannery

cannery means an establishment where canned fish is produced for human consumption; (conserverie)

certificate of registration

certificate of registration means a certificate issued in accordance with subsection 15(6); (certificat d’agrément)

chicken haddie

chicken haddie means canned haddock, cod, cusk or hake, or any combination thereof, that has not been ground, but does not include dark or sow hake; (miettes de gades)

comminuted fish

comminuted fish[Repealed, SOR/82-845, s. 1]

conveyance

conveyance means any vessel, aircraft, train, motor vehicle, cargo container, trailer or other means of transportation of fish or containers of fish; (véhicule)

corrective action

corrective action means the procedure that is to be followed whenever a deviation from a critical limit in a HACCP plan occurs or whenever the results of monitoring procedures in respect of a prerequisite program plan, a regulatory action point plan or a quality management program for the importing of fish show that there is non-compliance with these Regulations; (mesures correctives)

critical control point

critical control point means a point in a process operation at which control is to be applied in order to prevent or eliminate a hazard or reduce it to an acceptable level; (point de contrôle critique)

critical limit

critical limit means the maximum or minimum value to which a hazard must be controlled at a critical control point; (limite critique)

crustaceans

crustaceans means all species of the class Crustacea; (crustacés)

decomposed

decomposed, with respect to fish, means fish that has an offensive or objectionable odour, flavour, colour, texture or substance associated with spoilage; (pourri)

Department

Department[Repealed, SOR/2000-184, s. 58]

drained weight

drained weight means the weight of the edible contents of a container of fish after the liquid has been drained by a method approved by the President of the Agency; (poids égoutté)

echinoderms

echinoderms means all species of the phylum Echinodermata; (échinodermes)

export

export means ship from Canada to any other country or from any province to any other province; (exporter)

Facilities Manual

Facilities Manual means the Facilities Inspection Manual published by the Department of Fisheries and Oceans in 1988, as amended from time to time; (Manuel des installations)

filler

filler means

• (a) flour or meal prepared from grain or potatoes,

• (b) processed wheat flour containing not less than the equivalent of 80 per cent dextrose, as determined by a method approved by the President of the Agency,

• (c) bread, biscuit or bakery products, except those containing or made with a legume, or

• (d) milk powder, skim milk powder, buttermilk powder or whey powder; (charge)

fillets

fillets means

• (a) slices of fish flesh of irregular size and shape that have been removed from the carcass of a fish by cuts made parallel to the backbone, or

• (b) slices of fish flesh described in paragraph (a) that have been cut into sections

and from which all internal organs, head, fins, bones, except intramuscular or lateral bones, and all discoloured flesh have been removed; (filets)

finfish

finfish[Repealed, SOR/2009-314, s. 1]

fish export licence

fish export licence means a licence issued under section 15.1; (permis d’exportation de poisson)

fisher-packer

fisher-packer means a fisher who is licenced to catch fish under the Fisheries Act and who processes their catch as whole or dressed unfrozen fish or as salted or pickled fish

• (a) on board their vessel; or

• (b) on shore in an establishment that is owned or leased by the fisher-packer, without assistance from any person who did not participate in the catching of the fish; (pêcheur emballeur)

fish import licence

fish import licence means a licence issued in accordance with subsection 6.1(1); (permis d’importationde poisson)

HACCP plan

HACCP plan means a hazard analysis critical control point plan that is prepared in accordance with the principles of hazard analysis critical control point inspection as specified in the Facilities Manual to ensure control of hazards during the processing of fish; (plan HACCP)

hazard

hazard means a biological, chemical or physical agent or factor that has the potential to cause illness or injury to humans in the absence of its control; (danger)

herring

herring means fish of the species Clupea harengus or Clupea pallasii; (hareng)

high risk products

high risk products means products that, if not properly prepared or processed, may pose a serious risk to human health and safety; (produits à haut risque)

import

import means ship into Canada from any other country, or into any province from any other province; (importer)

import licence

import licence means a fish import licence or quality management program import licence issued in accordance with these Regulations; (permis d’importation)

Inspection Manual

Inspection Manual means the Fish Products Inspection Manual, published by the Department of Fisheries and Oceans in 1988, as amended from time to time; (Manuel d’inspection)

lobster cocktail

lobster cocktail means lobster canned in combination with cod, haddock, hake or cusk or any combination thereof; (coquetel au homard)

lot

lot with respect to fish, other than fresh fish, means a shipment or part of a shipment of fish that is of the same species, is processed in the same manner by the same producer, is packaged in the same size of container and bears the same label; (lot)

mandatory inspection list

mandatory inspection list[Repealed, SOR/96-364, s. 1]

mechanical screening

mechanical screening means a mechanical process by which cans of fish are inspected to ensure that hermetic seals are properly formed;(tri mécanique)

minced fish

minced fish means particles of fish flesh that have been separated from clean sound fish material free from internal organs, heads, and discoloured flesh; (poisson haché)

net weight

net weight, with respect to unfrozen or frozen lobster meat, means the weight of the edible contents of a container after the liquid has been drained from the container by a method approved by the President of the Agency and, with respect to any other fish, means the total weight of the edible contents of a container; (poids net)

overall length

overall length means the horizontal distance measured between perpendicular lines drawn at the extreme ends of the outside of the main hull of a vessel; (longueur hors tout)

prerequisite program plan

prerequisite program plan means a series of steps, measures or procedures that are to be applied to ensure compliance with the Act and these Regulations in respect of

• (a) establishment construction and equipment,

• (b) establishment operation and sanitation,

• (c) the cleaning, sanitizing, lubricating and maintenance of establishment equipment and facilities, and insect and animal pest control,

• (d) fish packaging, labelling or ingredient storage rooms or areas in the establishment, and

• (e) the system for tracing fish to its first destination; (plan des programmes préalables)

process authority

process authority means any person or organization that has been recognized by the Agency as being competent in developing and evaluating thermal processes; (autorité reconnue en matière de procédés thermiques)

processing

processing[Repealed, SOR/92-75, s. 1]

processing area

processing area means an area of a registered establishment that is used for the processing or storage of fish and any other area designated as a processing area in a quality management program; (aire de transformation)

process operation

process operation means any of the following fish process operations:

• (a) canning fish,

• (b) processing ready-to-eat fish,

• (c) processing shellfish,

• (d) pickling, spicing or marinating fish,

• (e) salting or drying fish,

• (f) processing fresh or frozen fish or semi-preserves, and

• (g) any other type of process operation; (opération de transformation)

producer

producer means the last person who processed fish prior to its importation into Canada; (producteur)

product description

product description means a form on which are recorded the characteristics of a particular fish product, including

• (a) the product name,

• (b) the source of the raw material used in producing the product,

• (c) those characteristics that affect safety and may influence the growth of disease-causing pathogens,

• (d) the ingredients that are added to the product,

• (e) the packaging of the product,

• (f) if applicable, directions to the consumer as to the preparation required for consumption or whether the product is ready-to-eat,

• (g) the product’s shelf life,

• (h) where the product is intended to be sold, and

  • (i) labelling instructions as may be applicable for safe product distribution and storage; (description du produit)

product preservation process

product preservation process means a process such as thermal processing, depuration or irradiation, that controls known hazards and which, if not performed in accordance with the Facilities Manual or the Canadian Shellfish Program Sanitation Manual, as the case may be, may result in the production of fish that are unsafe for human consumption; (procédé de conservation)

quality management program

quality management program means a fish inspection and control system, that includes procedures, inspections and records, for the purpose of verifying and documenting the processing of fish and the safety and quality of fish processed in, exported from or imported into Canada; (programme de gestion de la qualité)

quality management program import licence

quality management program import licence means a licence issued in accordance with subsection 6.1(1.1); (permis d’importation avec programme de gestion de la qualité)

ready-to-eat fish

ready-to-eat fish means any fish, other than canned fish and live shellfish, that does not require preparation except thawing or reheating before consumption; (poisson prêt-à-manger)

registered establishment

registered establishment means a freezer-factory vessel, barge, onshore plant, building or premise where fish are processed or stored for export and that is registered pursuant to subsection 15(6); (établissement agréé)

registration certificate

registration certificate[Repealed, SOR/99-169, s. 1]

regulatory action point plan

regulatory action point plan means a series of steps, measures or procedures that are to be applied to ensure compliance with the Act and these Regulations in respect of

• (a) fish intended for processing, being processed, stored or exported to ensure that the fish is not tainted, decomposed or unwholesome;

• (b) the addition of ingredients, additives and other substances in the processing of fish; and

• (c) the packaging and labelling of fish. (plan des points d’intervention réglementaire)

sanitation program

sanitation program means a written program developed in respect of a registered establishment or in respect of the establishment, conveyance or equipment of a holder of a fish export licence to ensure that the employees of the establishment or the users of the conveyance or equipment, as the case may be, use proper sanitation and hygiene practices, and that the establishment, grounds or conveyance under the control of the operator or the equipment and conveyances of the holder are maintained in a clean and sanitary condition and free from serious contamination and insect and animal pests; (programme sanitaire)

semi-preserves

semi-preserves means fish that has been prepared by salting or pickling in brine, vinegar, sugar, spices or any combination thereof and packed so that it may be kept fit for human consumption for a minimum of six months by means of refrigeration without freezing; (semi-conserve)

serious contamination

serious contamination means any condition or deficiency that results, or is likely to result, in an unacceptable risk to the consumer or in tainted, decomposed or unwholesome fish; (contamination grave)

shellfish

shellfish means all species of bivalve molluscs of the class Bivalvia and all marine, carnivorous species of the class Gastropoda, either shucked or in the shell, in whole or in part, excluding the adductor muscles of scallops and the meat of geoducks; (mollusques)

shrimp cocktail

shrimp cocktail means shrimp meat packed with sauce, spices, seasonings or flavourings or any combination thereof; (coquetel de crevettes)

sterilized

sterilized, with respect to canned fish, means fish that has been treated with heat to prevent spoilage and to destroy all pathogenic organisms; (stérilisé)

support area

support area means an area of a registered establishment that is not a processing area and any other area designated as a support area in a quality management program, or an area that is used for

• (a) the storage of materials and ingredients used in fish processing;

• (b) the maintenance of records for a quality management program;

• (c) employee sanitation, personal hygiene or a change room.(aire connexe)

tainted

tainted, with respect to fish, means fish that is rancid or has an abnormal odour or flavour; (gâté)

tomalley

tomalley means an edible by-product of lobster, the ingredients of which have not been ground to a smooth consistency; (tomalli)

unwholesome

unwholesome, with respect to fish, means fish that has in or upon it bacteria of public health significance or substances toxic or aesthetically offensive to man; (malsain)

whitefish

whitefish means fish of the species Coregonus clupeaformis, Coregonus nasus or Prosopium cylindraceum. (poisson blanc)

PART IGeneral

• 3 (1) Subject to subsection (2), these Regulations apply only in respect of fish and containers intended for export or import.

• (2) Subject to subsections (3) and 6(4), these Regulations do not apply to

  • (a) fish that is imported or exported for personal consumption or use; or

  • (b) a food that meets the following specifications, namely,

    • (i) the food is a mixture of a fish product and a meat product,

    • (ii) the food is commonly recognized as a meat product, having regard to

      • (A) the relative proportions and type of the fish and meat ingredients present in the food,

      • (B) the common name of the food,

      • (C) the type of processing applied to the fish and meat ingredients, and

      • (D) the historical recognition of the food as a meat product,

    • (iii) the food is processed in an establishment registered in accordance with the Meat Inspection Regulations, 1990 or a foreign establishment authorized to export meat products to Canada in accordance with those Regulations, and

    • (iv) the fish product used in the preparation of the food originates from an establishment registered in accordance with these Regulations or the fish product has been imported into Canada in compliance with these Regulations.

• (3) Section 9.1 applies to fish that has been caught in accordance with a recreational or sport fishing licence issued under the Fisheries Act and that is to be exported for personal consumption or use to an importing country that requires that the fish be accompanied by an inspection certificate issued by the exporting country.

3.1 No person shall prepare in a registered establishment a food that is a mixture of a fish product and a meat product unless

• (a) the establishment is also registered in accordance with the Meat Inspection Regulations, 1990; or

• (b) the food is exempt from the application of sections 7 to 9 of the Meat Inspection Act because of paragraph 3(1)(l) of the Meat Inspection Regulations, 1990.

4 All fish are subject to inspection and an inspector may take samples of fish free of charge for the purpose of inspection.

5 The owner of fish or a person acting on his behalf shall make readily accessible to an inspector any fish or containers for which inspection or reinspection is required under these Regulations.

• 6 (1) No person shall import, export or process for export or attempt to import, export or process for export

  • (a) any fish that is tainted, decomposed or unwholesome or otherwise fails to meet the requirements of these Regulations; or

  • (b) live oysters, clams, mussels or other molluscs (except scallops) or raw products derived therefrom, whether frozen or unfrozen, unless the President of the Agency is satisfied on the basis of information submitted to him that the waters from which such shellfish are taken and the premises in which they are handled and processed are of such a nature as will ensure that the shellfish are wholesome.

• (2) No person shall import into Canada or attempt to import into Canada any fish unless

  • (a) the identity of the establishment at which the fish is packed and the day, month and year of packing are legibly marked on one end of the carton or case in which the containers of fish are shipped;

  • (b) in the case of high risk products, a list indicating the establishment and the number of containers for each production code is provided to an inspector on request;

  • (c) each container has a label on which the name of the country of origin is clearly identified; and

  • (d) that person is the holder of an import licence; and

  • (e) written notification of each shipment of fish to be imported or that is imported is provided to an inspector either prior to the importation or within 48 hours following the importation.

• (2.1) The notification referred to in paragraph (2)(e) shall set out, in respect of each shipment of fish imported or to be imported into Canada and each type of fish contained in that shipment,

  • (a) the quantity;

  • (b) the producer;

  • (c) the country of origin;

  • (d) the place where the fish shall be held or stored on its entry into Canada; and

  • (e) the name, address and telephone number of the importer importing the fish into Canada as declared to Revenue Canada, Customs, the import licence number of the importer and if applicable, of the agent providing the notification.

• (2.2) Subject to subsection (2.3), no person shall move or attempt to move fish that has been imported into Canada from the place indicated in the notification referred to in paragraph (2)(e) unless

  • (a) the person is the holder of a quality management program import licence;

  • (b) an inspector determines the fish meets the requirements of the Act and these Regulations; or

  • (c) the person is notified by an inspector that the fish does not need to be inspected.

• (2.3) A person may, with the permission of an inspector, move fish that has been imported into Canada from the place indicated in the notification referred to in subsection (2)(e) to a place specified by the inspector.

• (3) No person shall import into Canada or attempt to import into Canada any canned fish unless the cans are embossed or otherwise permanently marked in a code that identifies the name of the establishment and day, month and year of processing.

• (4) No person shall import into Canada or attempt to import into Canada any of the following species:

  • (a) live freshwater mitten crab of the genus Eriocheir; and

  • (b) puffer fish of the family Tetraodontidae.

• 6.01 (1) A person who has imported, exported or processed fish for export and who receives information that questions the safety of fish shall investigate the information.

• (2) If the results of the investigation indicate that the fish constitutes a hazard to the public, a person shall notify the Agency within 24 hours.

• 6.1 (1) The President of the Agency shall issue a fish import licence on receiving an application and the applicant paying the applicable fee fixed by the Canadian Food Inspection Agency Fees Notice unless the President of the Agency has reasonable grounds to believe that the applicant will not comply with the Act or these Regulations.

• (1.1) The President of the Agency shall issue a quality management program import licence at the shared level or enhanced level on receiving an application, unless the President of the Agency has reasonable grounds to believe that the applicant will not comply with the Act or these Regulations, and if

  • (a) the applicant pays the applicable fee fixed by the Canadian Food Inspection Agency Fees Notice;

  • (b) the applicant has a quality management program in respect of the importing of fish; and

  • (c) the quality management program meets the applicable requirements set out in the Inspection Manual.

• (2) An import licence is not assignable and expires one year after the date of issue indicated on the licence.

• (3) An importer of fish shall maintain, at an address in Canada and for not less than three years, a record in English or French of

  • (a) the name and address of the person to whom each shipment of fish was shipped from the importer and the date on which the fish was shipped;

  • (b) the date and time of all information received that questions the safety of fish imported by the holder of the licence;

  • (b.1) if the information is validated on investigation, a description of the information, the date and time it was received, the name, address and telephone number of the informant, the method of investigation and the results obtained, the corrective actions taken and the date and time the Agency was notified in accordance with subsection 6.01(2);

  • (c) with respect to canned fish,

    • (i) the name, address and telephone number of the process authority who developed the thermal process used,

    • (ii) the container type, size and specifications, style of pack, species packed and if the thermal process utilized has not been published described in scientific literature recognized by the Minister, the sterilizing value (F₀) of the thermal process,

    • (iii) a statement in writing signed by the representative of the process authority that attests that the thermal process results in the production of commercially sterile and safe fish products;

  • (d) with respect to ready-to-eat fish,

    • (i) for a period of one year after the day of the coming into force of these Regulations, evidence of adequate processing, and

    • (ii) after the end of the period referred to in subparagraph (i)

      • (A) the name, address and telephone number of the person who developed the process used,

      • (B) the container type and size, style of pack, the species packed, the type of process, the description of the process,

      • (C) a statement in writing signed by the person who developed the process or that person’s representative that attests that the process results in the production of safe fish products; and

  • (e) if the importer is the holder of a quality management program import licence,

    • (i) the name, business address, business telephone number and title of the person responsible for the quality management program for that importer,

    • (ii) the location of all files and records for the quality management program,

    • (iii) a description of the standards, monitoring and inspection procedures, analyses and tests that are used in product evaluations, and the evidence acceptable to an inspector that they meet or are equivalent to those in place in the Agency,

    • (iv) the frequency of monitoring importations of fish and evidence that they meet or are equivalent to those in place in the Agency,

    • (v) samples of the forms that are used during evaluations and of the forms that are used to record corrective actions,

    • (vi) a description of the corrective action plans developed,

    • (vii) for each importation of fish,

      • (A) a description of the fish by species, form of processing, producer, size and type of container and the label,

      • (B) all the evaluations conducted and whether or not the product was acceptable, and

      • (C) any corrective actions taken in respect of product rejections,

    • (viii) in respect of ingredients and additives,

      • (A) all the ingredients and additives that are added to the fish, and

      • (B) documentation that clearly establishes that each ingredient or additive meets all applicable requirements of any Act of Parliament, or the results of any tests done by or for the importer that verify that the ingredient or additive complies with those requirements,

    • (ix) in respect of packaging materials,

      • (A) all the packaging materials used, and

      • (B) documentation that clearly establishes that the packaging materials meet all applicable requirements of any Act of Parliament,

    • (x) in respect of labels used on packaged fish, all the labels from products that are imported, the means by which the importer reviews labels to ensure their compliance, and documentation that clearly establishes that the labels meet all applicable requirements of any Act of Parliament,

    • (xi) in respect of fish shipped by an importer, a description of the system used to trace fish to its first destination, and

    • (xii) in respect of any person responsible for any aspect of the quality management program for the importer, evidence of their training or qualifications in fish or food processing or quality control.

• (3.1) Paragraphs (3)(c) and (d) do not apply to fish imported from a country with which Canada has entered into a agreement regarding the import and export of fish if the agreement contains provisions by which Canada

  • (a) recognizes that the fish inspection and control systems in place in that country are equivalent to those required by these Regulations in respect of canned and ready to eat fish; and

  • (b) has access to all information and records that are equivalent to those required by paragraphs (3)(c) and (d) and that are held by the fish inspection agency in that country.

• (3.2) The holder of a quality management import licence shall send to the Agency at least every 6 months a listing of all evaluations conducted on products and the results obtained in a form acceptable to the Agency.

• (4) The holder of a quality management program import licence shall

  • (a) implement and comply with their quality management program;

  • (b) if the licence is issued at the enhanced level, conduct in accordance with their quality management program all of the relevant inspections set out in the table to section 6.5;

  • (c) if the licence is issued at the shared level, conduct in accordance with their quality management program all of the relevant inspections set out in items 1 to 5 of the table to section 6.5;

  • (d) submit any amendments to their quality management program to an inspector; and

  • (e) conduct, as a minimum, an annual review of the quality management program to verify that the program continues to meet the applicable requirements of the Inspection Manual.

• 6.2 (1) The President of the Agency may suspend, revoke or refuse to issue an import licence where the President of the Agency believes on reasonable grounds that the holder of, or the applicant for, the licence

  • (a) has provided false information to the President of the Agency for the purpose of obtaining a licence;

  • (b) has failed to provide a written notification required pursuant to paragraph 6(2)(e);

  • (c) has provided false information to an inspector in a written notification required pursuant to paragraph 6(2)(e);

  • (d) has failed to maintain a record in accordance with subsection 6.1(3);

  • (e) has not paid any of the fees set out in the Canadian Food Inspection Agency Fees Notice that are payable under these Regulations;

  • (f) has failed to comply with the requirements of section 6.01;

  • (g) is not operating the quality management program in accordance with the applicable requirements of the Inspection Manual; or

  • (h) has otherwise failed to meet the applicable requirements of the Act or these Regulations.

• (2) Where the President of the Agency has suspended or revoked an import licence pursuant to subsection (1), the importer may, within 60 days after that suspension or revocation, request in writing the President of the Agency to determine whether the licence should be reinstated.

• (3) The importer shall pay the applicable fee fixed by the Canadian Food Inspection Agency Fees Notice for each inspection that is carried out in the course of a determination under subsection (2).

• (4) The determination referred to in subsection (2) is final.

6.3 [Repealed, SOR/98-2, s. 7]

6.4 The fees to be paid for inspection services provided with regard to fish imported into Canada are those that are fixed by the Canadian Food Inspection Agency Fees Notice.

• 6.5 (1) Subject to subsections (2) to (4), any fish imported by the holder of a fish import licence into Canada may be subjected on a random basis to an inspection, by an inspector, of a type set out in the table to this section.

• (2) Where a type of fish produced by a producer fails to pass a type of inspection set out in the table to this section,

  • (a) the type of fish, the name of the producer and the type of inspection shall be

    • (i) recorded by the inspector on the mandatory import alert list, or

    • (ii) reported within 5 days by the holder of a quality management import licence to an inspector for the purpose of inclusion on the mandatory import alert list; and

  • (b) shipments or lots of that type of fish that are produced by that producer and subsequently imported into Canada shall undergo the same type of inspection until four consecutive shipments or lots have passed that type of inspection.

• (3) Where a type of fish that is produced by a producer fails to pass a label evaluation inspection, lots of that type of fish that are produced by that producer and subsequently imported into Canada shall undergo a label evaluation inspection until one lot passes the inspection.

• (4) Where a type of fish that is produced by a producer is imported into Canada, and that type of fish produced by that producer has not been imported into Canada within the previous two years, that importation shall undergo every type of inspection applicable to that type of fish.

• (5) [Repealed, SOR/2002-124, s. 5]

  Item	Type of Inspection
  1	Sensory evaluation
  2	Net content determination
  3	Label evaluation
  4	Container integrity evaluation
  5	Fish content of battered or breaded products
  6	Histamine
  7	E. Coli
  8	Faecal coliforms
  9	Listeria monocytogenes
  10	Salmonella species
  11	Standard plate count
  12	Staph. Aureus
  13	Vibrio species
  14	Electrophoresis species identification
  15	Food additives
  16	Sodium and potassium
  17	Heavy metals, other than mercury
  18	Mercury
  19	Moisture content
  20	Pesticides and PCBs
  21	Salt content
  22	Marine toxins
  23	Drug residues
  24	pH
  25	Water activity
  26	Sterility
  27	Quality indices
  28	Tuna colour

6.6 No person who is the holder of a quality management import licence shall use a laboratory for the purpose of implementing and complying with their quality management program unless it has been recognized by the President of the Agency as being competent to conduct those services or has been accredited by the Standards Council of Canada.

7 Unless otherwise permitted by the President of the Agency, fish shall be packed in new, clean, sound containers.

• 8 (1) For the purpose of preserving the identity of any fish, an inspector may detain the fish by attaching to any of the fish or any container thereof a numbered tag upon which shall be clearly written

  • (a) the word “held”;

  • (b) an identification number;

  • (c) a brief description of the lot detained;

  • (d) the date; and

  • (e) the signature of the inspector.

• (2) Where any fish is detained pursuant to subsection (1), the inspector shall deliver or mail to the owner or his agent a duly completed notice of detention.

• (3) Where any fish is detained pursuant to subsection (1) on premises owned by a person who is not the owner of the fish, a copy of the notice of detention shall be delivered or mailed to that person.

• (4) No person shall alter, deface or remove a tag attached to any fish or container thereof pursuant to subsection (1) or move, sell or dispose of any such fish or container thereof unless he has obtained a release from an inspector.

• (4.1) Notwithstanding subsection (4), where it is necessary for any fish or container thereof referred to in that subsection to be moved from one warehouse to another, or the owner of the fish or container or his agent has made a reasonable request for the fish or container to be moved under detention, an inspector may permit such fish or container thereof to be moved accordingly.

• (5) Where an inspector is satisfied that any fish detained pursuant to subsection (1) meets the requirements of these Regulations, he shall prepare a notice of release and deliver or mail one copy thereof to the owner of the fish or his agent and one copy to the person, if any, on whose premises the fish was found.

• 9 (1) Subject to section 9.1, if a person requests an inspection certificate for fish, an inspector shall

  • (a) if the person operates a registered establishment and the fish was processed in that establishment, evaluate, based on a review of the establishment’s compliance with its quality management program, the Act and these Regulations, whether an inspection of the fish is required and, if it is required, inspect the fish;

  • (a.1) if the person holds a fish export licence, evaluate, based on a review of the person’s compliance with the conditions of the licence, the Act and these Regulations, whether an inspection of the fish is required and, if it is required, inspect the fish; and

  • (b) in any other case, inspect the fish.

• (2) An inspector shall issue an inspection certificate for fish where

  • (a) the inspector determines that an inspection of the fish is not required; or

  • (b) the inspector determines, following an inspection of the fish, that the fish meets the requirements of the Act and these Regulations.

• (3) A person who requests an inspection certificate for fish shall pay the applicable inspection service fee fixed by the Canadian Food Inspection Agency Fees Notice.

• (4) [Repealed, SOR/2002-124, s. 6]

9.1 If an inspection certificate is requested for fish that has been caught in accordance with a recreational or sport fishing licence issued under the Fisheries Act and that is to be exported for personal consumption or use to an importing country that requires that the fish be accompanied by an inspection certificate issued by the exporting country, an inspector shall issue the inspection certificate for the fish if

• (a) the fish was not prepared for export in a registered establishment or by a person who holds a fish export licence; and

• (b) the applicant provides the following information and documents:

  • (i) a copy of the fishing licence or the fishing licence number,

  • (ii) a description of the fish, including the species of the fish and its weight,

  • (iii) the date on which the fish was caught,

  • (iv) the business name and address of the establishment where the fish was prepared for export or the name and address of the person who prepared the fish for export, and

  • (v) evidence to substantiate that the fish was eviscerated and packaged under sanitary conditions.

• 10 (1) Where a person interested in a decision of an inspector in respect of any inspection, grading, marking or other matter under Part I of the Act or these Regulations is not satisfied with that decision, the person may, within 30 days after such decision, by notice in writing, appeal the decision to the President of the Agency who shall, subject to section 11, order a reinspection.

• (2) Where a reinspection is made pursuant to subsection (1) and the President of the Agency makes a decision as a result thereof, that decision shall be final.

10.1 A person who appeals a decision under subsection 10(1) shall pay the applicable fee fixed by the Canadian Food Inspection Agency Fees Notice for any of the following types of reinspection that is ordered under that subsection:

• (a) sensory evaluation;

• (b) net content determination;

• (c) label evaluation;

• (d) container integrity evaluation;

• (e) fish content of battered or breaded product;

• (f) histamine;

• (g) electrophoresis species identification;

• (h) food additives;

• (i) sodium and potassium;

• (j) moisture content;

• (k) salt content;

• (l) pH;

• (m) quality indices;

• (n) water activity; and

• (o) tuna colour.

11 A reinspection shall not be ordered pursuant to subsection 10(1) where

• (a) the identity of the fish or containers of fish in dispute has not been preserved;

• (b) the request for reinspection was not made within 30 days after the disputed inspection;

• (c) the fish or containers of fish have in or upon them any poisonous or harmful substance; or

• (d) the fish or containers of fish have been previously reinspected.

12 Where an inspector has reasonable grounds to believe that fish has deteriorated after the date on which it was inspected or that it otherwise fails to meet the requirements of these Regulations, he may again inspect such fish.

12.1 [Repealed, SOR/98-2, s. 11]

• 13 (1) Where an inspection is made under section 12 and the fish is found not to be of the grade marked on the container, any inspection marks and quality designations on the container shall be removed or obliterated and any inspection certificate that may have been issued for the fish is void.

• (2) No person shall use an inspection certificate if he knows that the certificate is void.

• 14 (1) For the purposes of this section, processing does not include

  • (a) the washing, icing or boxing of live, whole or dressed unfrozen fish other than

    • (i) shellfish and echinoderms,

    • (ii) fish raised in an aquaculture operation, or

    • (iii) crustaceans, excluding live lobster or live crab;

  • (b) the freezing on board a vessel of whole or dressed fish that are destined for further processing in a registered establishment, other than shellfish, echinoderms or crustaceans, excluding shrimp;

  • (c) the shucking of scallops to remove adductor muscles with or without roe attached, if carried out on board a vessel;

  • (d) the evisceration of whole unfrozen fish or the salting or pickling of whole, split or dressed unfrozen fish, by fisher-packers, other than shellfish, echinoderms or crustaceans; or

  • (e) actions taken by fishers or processors at the time or point of catching, unloading, handling, holding or transporting fish to preserve its quality and safety before delivery to a registered establishment for the purpose of processing, storage or inspection before export, if those actions are taken in accordance with these Regulations.

• (2) Any person who processes or stores fish for export must do so in a registered establishment unless the person holds a fish export licence.

• (3) No person shall export fish unless

  • (a) all the processing and storage of the fish is carried out in a registered establishment; or

  • (b) the person holds a fish export licence.

• (4) Subsection (3) does not apply in respect of

  • (a) fish that are imported into Canada by a holder of an import licence and that are intended for direct sale to consumers without further processing; or

  • (b) final products that are produced in a registered establishment and that, before being marketed, exported or made available to consumers, are temporarily stored in a cold-storage warehouse or other location that is not a registered establishment.

14.1 No person shall operate a registered establishment unless it meets the requirements of these Regulations.

14.2 No person shall, unless they have job experience or qualifications that meet the applicable requirements set out in the Facilities Manual,

• (a) perform or supervise a product preservation process; or

• (b) supervise the development or implementation of a quality management program.

14.3 No person shall use a vessel for fishing or for transporting fish unless the vessel meets the applicable requirements of Schedule III.

14.4 If the President of the Agency, in writing, informs a fisher-packer who carries out an activity described in paragraph 14(1)(d) that there is serious contamination in the place where the activity is carried out, whether on board the vessel or onshore in the establishment where that activity is carried out, no person shall

• (a) process any fish on board that vessel or onshore in that establishment; or

• (b) export or attempt to export any fish that has been processed on board that vessel or in that establishment.

14.5 [Repealed, SOR/2009-314, s. 8]

• 15 (1) An application for a certificate of registration for an establishment shall be made to the President of the Agency, be accompanied by the applicable fee fixed by the Canadian Food Inspection Agency Fees Notice and, subject to subsection (2), contain

  • (a) the full business name, business address and business telephone number of the applicant and, if applicable, the full names of partners or officers of the company;

  • (b) a description of the types of process operations intended to be conducted;

  • (c) the types of fish products intended to be produced, stored or exported;

  • (d) a product description of each type of fish product intended to be produced, stored or exported;

  • (e) a process flow diagram that identifies each step in the process operation for each type of fish product; and

  • (f) a detailed diagram of the establishment.

• (2) The applicant is not required to include in the application the information referred to in paragraphs (1)(c) to (f) if the applicant has previously provided the President of the Agency with that information, there has been no change to the information and there is a mention to that effect in the application.

• (3) to (5) [Repealed, SOR/2002-124, s. 8]

• (6) The President of the Agency shall issue a certificate of registration to an establishment if

  • (a) the establishment and its processing and support areas meet the requirements set out in Schedules I and II;

  • (b) the establishment is free from serious contamination;

  • (c) the applicant has a quality management program that meets the requirements of subsection (8) in respect of the processing, storing or exporting of fish; and

  • (d) the President of the Agency has no reasonable grounds to believe that the applicant will not comply with the Act or these Regulations.

• (7) Despite subsection (6), the President of the Agency shall issue a certificate of registration to an establishment that is a food processing facility if all of the following conditions are met:

  • (a) it is registered in accordance with regulations made under the Meat Inspection Act or the Canada Agricultural Products Act or any other Act of Parliament;

  • (b) the establishment has a food inspection and control program that is equivalent to a quality management program;

  • (c) the requirements set out in subsection (1) and paragraphs (6)(a), (b) and (d) are met.

• (8) A quality management program referred to in paragraph (6)(c) for use in an establishment shall

  • (a) comprise

    • (i) a prerequisite program plan,

    • (ii) a regulatory action point plan,

    • (iii) a hazard analysis that identifies each hazard that is likely to occur for each type of fish product intended to be produced in each process operation,

    • (iv) if the hazard analysis has identified hazards, a HACCP plan in which all critical control points, critical limits, monitoring procedures used at critical control points, frequencies of monitoring procedures and corrective actions are specified, and

    • (v) a sanitation program that includes requirements regarding the protective clothing to be worn by employees for the tasks they perform;

  • (b) meet the applicable requirements set out in the Facilities Manual; and

  • (c) if the applicant intends to conduct a shellfish process operation, meet the applicable requirements set out in the Canadian Shellfish Sanitation Program Manual.

• (9) An operator of a registered establishment shall

  • (a) comply with all the applicable provisions of the Act and these Regulations;

  • (b) implement and comply with the quality management program;

  • (c) adhere to all the conditions of the certificate of registration;

  • (d) ensure that the establishment’s quality management program meets the applicable requirements set out in the Facilities Manual;

  • (e) in the case of an establishment conducting a shellfish process operation, ensure that the establishment’s quality management program meets the applicable requirements set out in the Canadian Shellfish Sanitation Program Manual;

  • (f) on request of an inspector, make available to an inspector in a readily accessible location a copy of the quality management program and all records of, and amendments to, the quality management program; and

  • (g) conduct a review of the quality management program each time it is found to be not in compliance with subsection (8) and, in any case, at least once per year.

• (10) An operator of a registered establishment shall maintain, at an address in Canada and for not less than three years, a record in English or French of

  • (a) the name, business address, business telephone number and title of the person responsible for the quality management program at the establishment;

  • (b) the location of all files and records in respect of the quality management program;

  • (c) in respect of each critical control point specified in the HACCP plan,

    • (i) a description of the critical limits, monitoring procedures and verification procedures that are used,

    • (ii) the frequency of the monitoring and verification procedures,

    • (iii) samples of the forms that are used during inspections and of the forms that are used to record corrective actions,

    • (iv) the corrective actions,

    • (v) the results of every inspection conducted in accordance with monitoring and verification procedures and any corrective actions taken,

    • (vi) the product preservation processes to be used and, for each process the expected results as specified in the quality management program, and

    • (vii) the results obtained by each product preservation process;

  • (d) in respect of shellfish,

    • (i) the common name of the shellfish,

    • (ii) the quantity by weight of the shellfish delivered to the establishment,

    • (iii) the location where the shellfish was harvested,

    • (iv) the date on which the shellfish was harvested,

    • (v) the name, address and telephone number of the person who harvested the shellfish,

    • (vi) the method of transport and the date on which the shellfish was delivered to the establishment, including details of the method and conditions of storage before and after delivery,

    • (vii) the manner in which, and the date on which, the shellfish was processed in the establishment, and

    • (viii) the date on which the shellfish was shipped from the establishment and the name and address of the person to whom it was shipped;

  • (e) in respect of every prerequisite program plan and regulatory action point plan,

    • (i) a description of the plans and monitoring procedures that are used,

    • (ii) the frequency of the monitoring procedures, and

    • (iii) the corrective actions taken;

  • (f) a description of the system used to trace fish to their first shipping destination;

  • (g) in respect of each shipment of fish,

    • (i) the name and address of the person to whom each shipment was sent,

    • (ii) the type of fish,

    • (iii) the quantity of fish,

    • (iv) the method of transportation, including manifest and container numbers or other information that is sufficient to identify or trace the location of the fish,

    • (v) the date on which the fish was shipped, and

    • (vi) the date on which the fish was processed;

  • (h) the date and time when the operator of the registered establishment received information questioning the safety of fish processed or exported by the operator;

  • (i) if the information referred to in paragraph (h) is validated on investigation, a description of the information, the date and time when it was received, the date and time the information was validated, the name, address and telephone number of the informant, the method of investigation and the results obtained, the corrective actions taken, and the date and time when the Agency was notified under subsection 6.01(2);

  • (j) in respect of every person responsible for supervising the development or implementation of the quality management program or performing or supervising a product preservation process, documentary evidence of their training, qualifications or job experience in fish or food processing or quality control; and

  • (k) a list of all amendments made to the quality management program.

    TABLES 1 TO 3[Repealed, SOR/2002-124, s. 8]

• 15.1 (1) The President of the Agency, at no charge, shall issue a fish export licence to any person who operates an establishment, other than a registered establishment, authorizing the person to be engaged as a principal or agent in the export of fish if

  • (a) the person submits an application to the President, on a form provided by the Agency, that contains

    • (i) the legal name and business name of the applicant, as well as the name, address, telephone number, fax number and email address of the applicant’s establishment that is referred to in the application,

    • (ii) a detailed diagram of the establishment,

    • (iii) a description of the activities to be carried out at the establishment,

    • (iv) a description of the controls to be implemented to ensure compliance with the Act and these Regulations, and

    • (v) a declaration from the applicant confirming that the information provided in subparagraphs (i) to (iv) is complete and true;

  • (b) it is reasonable to expect that the implementation of those controls will be adequate to maintain compliance with the Act and these Regulations in the establishment;

  • (c) the establishment is free from serious contamination; and

  • (d) the information provided by the applicant is complete and true and there are no reasonable grounds to believe that the applicant will not comply with the Act and these Regulations.

• (2) The applicant is not required to include in the application the information referred to in subparagraphs (1)(a)(ii) and (iv) if the applicant has previously provided the President of the Agency with that information, there has been no change to the information and there is a mention to that effect in the application.

16 A certificate of registration or fish export licence is not assignable and expires one year after the date of issuance indicated on it.

• 16.1 (1) The President of the Agency may, on application by an operator of a registered establishment or the holder of a fish export licence, amend a certificate of registration or a fish export licence if every applicable requirement of these Regulations is met, including the payment of the applicable fee fixed by the Canadian Food Inspection Agency Fees Notice.

• (2) The expiry date of an amended certificate of registration or fish export licence is the date indicated on the original certificate or licence.

• 16.2 (1) The President of the Agency may, on application by an operator of a registered establishment, inactivate the certificate of registration, if all applicable fees fixed by the Canadian Food Inspection Agency Fees Notice have been paid in respect of it.

• (2) The operator of a registered establishment in respect of which a certificate of registration has been inactivated shall not process any fish for export.

• (3) The President of the Agency may, on application by the operator of a registered establishment, reactivate the certificate of registration if an inspector has determined that the establishment meets the conditions of the certificate, the applicable requirements of the Act and these Regulations.

16.3 A certificate of registration or fish export licence is void on the day that any of the following occur:

• (a) effective control or effective direction of the registered establishment or of the business of the holder of the fish export licence is transferred to the control or direction of any other person, body corporate, partnership, cooperative, association, trustee, executor or legal representative;

• (b) the registered establishment or the establishment, equipment or conveyance of the holder of a fish export licence is destroyed or damaged to an extent that the processing or the conduct of operations without a risk of serious contamination is determined by an inspector not to be possible;

• (c) the operator of the registered establishment or the holder of a fish export licence is subject to a receivership or makes an assignment in bankruptcy; or

• (d) the operator of the registered establishment or the holder of a fish export licence ceases to operate the registered establishment or its business or surrenders the certificate of registration or fish export licence.

• 16.4 (1) The President of the Agency may, on application, issue a temporary certificate of registration in respect of an establishment whose operator is subject to a receivership or has made an assignment in bankruptcy if all of the following conditions are met:

  • (a) the applicant for the certificate is the authorized receiver or trustee in bankruptcy of the operator of the establishment;

  • (b) the application contains the information required by subsection 15(1); and

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

• (2) A temporary certificate of registration expires on the earlier of

  • (a) 240 days from its date of issue, or

  • (b) the day stated on the temporary certificate or on any amendments made thereto.

• (3) No fees are payable in respect of the application for, or the issuance of a temporary certificate of registration.

16.5 The President of the Agency may revoke a certificate of registration or a fish export licence if an inspector, using all reasonable means, cannot contact the operator of the registered establishment or the holder of the licence for a period of 90 days.

• 17 (1) The President of the Agency may suspend, revoke or refuse to issue a certificate of registration or a fish export licence if

  • (a) the President has reasonable grounds to believe that the operator of a registered establishment, the holder of the licence or the applicant has provided false information to the President for the purpose of obtaining a certificate or licence;

  • (b) the registered establishment or the establishment, equipment or conveyances of the holder of the licence are not free from serious contamination;

  • (c) the establishment is not operated in accordance with the quality management program;

  • (d) the operator of the registered establishment or the holder of the licence has failed to comply with the requirements of section 6.01; or

  • (e) the operator of the registered establishment, the holder of the licence or the applicant otherwise fails to comply with these Regulations or a condition of the certificate or licence or fails to pay the applicable fee fixed by the Canadian Food Inspection Agency Fees Notice.

• (2) If a certificate of registration has been suspended or revoked, the operator of the registered establishment may, within 30 days after the suspension or revocation, request in writing that the President of the Agency determine whether the certificate should be reinstated.

• (3) The fee payable for each inspection that is carried out for the purpose of determining whether a certificate of registration should be reinstated is the amount fixed by the Canadian Food Inspection Agency Fees Notice.

• (4) A determination referred to in subsection (2) is final.

17.1 Any person who requests an inspection, other than an inspection referred to in subsection 17(3), to determine whether his or her establishment meets the applicable requirements of Schedule I or a quality management program, shall pay the applicable fee fixed by the Canadian Food Inspection Agency Fees Notice.

• 18 (1) Despite anything in these Regulations and subject to subsection (2), the President of the Agency may, on receiving an application, issue a permit to allow, during the period stated in the permit,

  • (a) the production or marketing of experimental or test products;

  • (b) the reworking, reconditioning, processing, culling or salvaging of fish at a registered establishment to enable the fish to meet the applicable requirements of the Act or these Regulations;

  • (c) the construction or utilization of areas that do not comply with the Act or these Regulations;

  • (d) equipment that is used in a vessel or an establishment constructed before the coming into force of this section that does not comply with the Act or these Regulations to continue to be used or to operate;

  • (e) the marketing, possession, use or disposal of tainted, decomposed or unwholesome fish not intended for human consumption;

  • (f) the re-use of containers or the use of labels that do not meet the applicable requirements of these Regulations;

  • (g) the labelling of products to accommodate particular cultural communities in Canada;

  • (h) the importing, exporting or marketing of fish for charitable purposes, international events or national festivities, if the lot size is less than 1 000 kg;

  • (i) the production and supply of food in a national emergency or for international aid; or

  • (j) the exporting to another country of fish or containers that do not meet the applicable requirements of the Act or these Regulations.

• (2) The President of the Agency may on reasonable grounds refuse to issue a permit if, in the President’s opinion, the issuance of the permit

  • (a) would result in a risk to public health or safety or otherwise diminish consumer protection;

  • (b) may result in the marketing to consumers of fish that does not comply with subsection 6(1) or section 27 or the requirements of other countries; or

  • (c) may damage the reputation of Canada’s fish processing industry.

• (3) The President of the Agency may revoke or refuse to issue a permit if

  • (a) the President has reasonable grounds to believe that the holder of the permit or the applicant has provided false information to the President for the purpose of obtaining the permit; or

  • (b) the holder of the permit or the applicant has contravened a condition of the permit or a provision of the Act or these Regulations.

18.1 The President of the Agency may, from time to time, attach any conditions to a registration certificate, licence or permit issued under these Regulations if the President is satisfied that those conditions are necessary to ensure that the import or export of fish complies with these Regulations.

19 [Repealed, SOR/99-169, s. 4]

20 No person shall unload, handle, hold or transport fresh fish intended for processing unless the unloading, handling, holding or transportation meets the requirements of Schedule V.

21 No person shall export, process for export or attempt to process for export any fresh fish unless the unloading, handling, holding and transportation have been conducted in accordance with Schedule V.

• 22 (1) Processed fish shall be protected from contamination and the weather during loading, unloading and transportation.

• (2) Fresh fish and semi-preserves, while under the control of a carrier, shall be kept properly chilled.

• (3) Frozen fish, while under the control of a carrier, shall be kept refrigerated in such a manner that, when it is delivered to its destination, the temperature of such fish will not have increased more than 5.5°C from the temperature at the time it was loaded.

23 No person shall

• (a) process crabs, lobsters, clams, oysters, mussels or whelks that are not alive; or

• (b) pack, sell, export or import clams, oysters, mussels or whelks in any form unless such molluscs are free from shellfish toxin when tested by a method approved by the President of the Agency.

24 No person shall export or import or attempt to export or import cans of fish

• (a) that have not been properly sealed;

• (b) the tops or bottoms of which have been distorted outwards; or

• (c) that are otherwise defective.

24.1 Every person who exports fish from an establishment shall keep a record of the name and address of the person to whom, and the date on which, the fish is shipped from the establishment.

PART IILabelling

• 25 (1) In the case of canned fish, every can of fish or the wrapper or label thereon shall be correctly and legibly marked in English or French, in addition to any other language, to indicate

  • (a) the common name of the fish;

  • (b) in the case of fish other than shellfish and crustaceans, the net weight of the contents;

  • (c) in the case of shellfish and crustaceans, the drained weight of the contents;

  • (d) the name and address of the person by whom or for whom the fish is processed or by whom it is distributed; and

  • (e) the ingredients in each can, where there is more than one ingredient therein,

    • (i) by listing them in descending order of their proportion in the can, or

    • (ii) by stating the proportion of each ingredient in the can.

• (2) The information required pursuant to subsection (1) shall be shown in such a manner that

  • (a) the common name of the fish and the stated weight thereof appear on the main body or face of the can or on the main panel of the label thereon;

  • (b) the common name of the fish is shown in letters of equal height and prominence and indicates whether the product has been prepared

    • (i) by mincing, flaking or other special process,

    • (ii) from selected parts of fish, or

    • (iii) for dietetic use; and

  • (c) the printing used to indicate the weight of fish is not less than 3.2 mm in height.

• (3) Where descriptive terms are used in addition to the wording required by subsection (1), such terms shall be printed in letters not less than one-half the height of the letters used for the common name of the fish.

• 26 (1) In the case of fish, other than canned fish, every container or the label thereon shall be correctly and legibly marked in English or French, in addition to any other language, to indicate

  • (a) the common name of the fish;

  • (b) the net weight of the fish unless,

    • (i) in the case of oyster and clam meats that are not frozen, the container or label is marked with a statement of net contents in terms of fluid measure or by count,

    • (ii) in the case of oysters that are marketed in the shell, the container or label is marked with a statement of the contents in terms of bushels or pecks or by count, or

    • (iii) in any case not referred to in subparagraph (i) or (ii), the container or label states that the contents are to be weighed at the time of retail sale;

  • (c) the grade, size, class, count and moisture content as follows:

    • (i) in the case of pickled fish, with the grade, class and size of the fish,

    • (ii) [Repealed, SOR/2007-18, s. 1]

    • (iii) in the case of bloaters, with the grade and count of the fish,

    • (iv) in the case of bloater fillets, with the grade of the fish,

    • (v) in the case of frozen Atlantic smelts, with the size of the fish,

    • (vi) [Repealed, SOR/2007-18, s. 1]

    • (vii) in the case of Atlantic oysters in the shell, with the shape designation, and

    • (viii) in the case of dried squid, with the grade designation;

  • (d) the name and address of the person by whom or for whom the fish is processed or by whom it is distributed;

  • (e) the ingredients in each container, where there is more than one ingredient therein,

    • (i) by listing them in descending order of their proportion in the container, or

    • (ii) by stating the proportion of each ingredient in the container; and

  • (f) in the case of bivalve molluscs in the shell, the date of processing and the location from which the bivalve molluscs were harvested.

• (2) The markings referred to in paragraph (1)(a) to (c) shall be shown on the main panel of every container containing 900 g or less of fish and shall be not less than 3.2 mm in height.

• (3) Cartons and cases are exempt from paragraphs (1)(b) to (e) where they contain containers of fish that are marked in accordance with subsections (1) and (2).

27 No person shall package any fish or mark or label any container of fish in a manner that is false, misleading or deceptive.

28 No person shall mark or label any fish or container of fish with the designation “Processed under Government Supervision” or “Canada Inspected” or “Approved for further processing” without the consent of the President of the Agency.

29 No person shall mark or label a container of fish with a quality designation or sell a container of fish that is so marked or labelled unless

• (a) a standard for that quality has been specified in these Regulations; and

• (b) the fish in that container meets that standard.

30 [Repealed, SOR/99-169, s. 5]

PART IIICode Markings

• 31 (1) Every carton and case in which containers of fish are packed at an establishment shall be legibly marked on one end in such a manner that the name of the establishment and the day, month and year of processing can be determined by an inspector.

• (2) Every container in which pickled, spiced or marinated fish are packed at an establishment shall be legibly marked in such a manner that the name of the establishment and the day, month and year of processing can be determined by an inspector.

• 32 (1) Every can of canned fish that is packed in a registered establishment shall be embossed or otherwise marked in a manner that is visible, permanent and legible with code markings that

  • (a) identify the establishment;

  • (b) indicate the day, month and year of processing; and

  • (c) identify the product contained therein in accordance with the table to this subsection.

    Product			First letters of code marking
    1. Salmon		Blueback	B
    		Chum	K
    		Coho	C
    		Pink	P
    		Sockeye	S
    		Spring	T
    		Steelhead	H
    		Mixed species of minced salmon	M
    2. Lobster			L
    3. Tomalley or lobster paste			LT
    4. Lobster cocktail			LC

• (2) A copy of the key to every code marking required by this section shall be sent to the President of the Agency each year before the commencement of processing operations.

33 Notwithstanding subsection 32(1), any hermetically sealed glass container containing fish is exempt from the embossing requirement referred to in that subsection, if such container or the label affixed thereto is otherwise permanently marked with the code markings required by that subsection.

PART IVCanned Fish

• 34 (1) Canned fish shall be sterilized by a method approved by the President of the Agency.

• (2) All registered establishments that conduct canning process operations shall comply with all thermal process requirements set out in the Facilities Manual.

35 All canned fish, except canned fish packed in flat drawn cans, shall have sufficient vacuum to ensure that can ends do not bulge when the product is heated to a temperature of 35°C.

• 36 (1) Where fish listed in the table to this subsection are packed as canned fish, they shall be packed in cans having the dimensions set out in the table in respect of that fish and the contents of each can shall have not less than the net weight and drained weight set out in the table in respect of that can.

  Product	Can Dimensions		Net Weight	Drained Weight
  1. Lobster	76.2 × 39.7	(300 × 109Footnote for TABLE *)	—	71 g
  	87.3 × 50.8	(307 × 200)	—	142 g
  	108.0 × 60.3	(404 × 206)	—	283 g
  2. Chicken Haddie	87.3 × 50.8	(307 × 200)	198 g	184 g
  	108.0 × 60.3	(404 × 206)	397 g	369 g

  • Return to footnote ^*Overall dimensions are expressed in the manner used in the industry, e.g. “109” means 1 9/16 inches (39.7 mm).

• (2) The President of the Agency may, upon written request,

  • (a) authorize the use of can sizes other than those referred to in subsection (1); and

  • (b) establish the net weight and drained weight of the contents thereof.

• (3) Where samples from any lot of canned lobster or chicken haddie are found to contain less than the net weight or drained weight prescribed by these Regulations, each can in the lot or the label thereon shall be plainly marked with the words “Contents...grams short-weight”.

• (4) In the case of canned mackerel or canned mackerel fillets that are packed without the addition of water, brine or vinegar solution, where the drained weight of the product is less than 80 per cent of the declared net quantity, the can or the label thereon shall show the drained weight of the product.

Clams, Mussels and Oysters

• 37 (1) Canned clams, mussels and oysters shall not contain excessive green algae and shall be free from sand, gravel, pearls, discoloration and shell pieces.

• (2) Canned soft-shelled clams shall have the dark-coloured portion of the siphon and all of the mantle cover removed.

• (3) Canned butter clams shall have the black portion of the siphon removed.

Lobster Cocktail

• 38 (1) Lobster cocktail shall be prepared from fresh, well-washed fish in combination with sound lobster meat that is free from inedible parts.

• (2) More than 50 per cent of the drained weight of the contents of a can of lobster cocktail shall be lobster meat.

Tomalley

• 39 (1) Tomalley shall be prepared from clean, sound roe, green liver and lobster meat free from inedible parts.

• (2) No can of tomalley shall contain filler or any other ingredient.

Lobster Paste

• 40 (1) Lobster paste shall be prepared from those parts of lobsters used in the preparation of tomalley.

• (2) Lobster paste shall be ground to a smooth consistency, shall be uniform in colour and may contain spices, artificial colouring and filler not exceeding a maximum of two per cent by weight of the finished paste.

Salmon

41 [Repealed, SOR/96-364, s. 10]

• 42 (1) Salmon of a species named in Column I of an item of the table to this subsection shall be designated, after it has been canned, by the appropriate common name set out in Column II of that item.

  Column I		Column II
  1. Oncorhynchus nerka		Sockeye Salmon
  		Red Sockeye Salmon
  		Red Salmon
  2. Oncorhynchus tschawytscha		Spring Salmon
  		King Salmon
  		Chinook Salmon
  3. Oncorhynchus kisutch		Coho Salmon
  		Medium Red Coho Salmon
  4. Oncorhynchus gorbuscha		Pink Salmon
  5. Oncorhynchus keta		Chum Salmon
  		Keta Salmon
  6. Salmo gairdnerii		Steelhead Salmon
  		Deep Sea Trout
  7. Salmo salar		Salmon
  		Atlantic Salmon

• (2) In addition to the appropriate common name in Column II of the table to subsection (1), canned salmon of the species Oncorhynchus tschawytscha may be designated as “red”, “pink” or “white” to indicate the colour of the flesh in accordance with standards approved by the Minister.

• (3) Notwithstanding subsection (1),

  • (a) immature coho salmon (Oncorhynchus kisutch) may be designated as “Blueback Salmon” if it meets the colour standard approved by the Minister; and

  • (b) cans of minced salmon containing mixed species shall be designated as “Minced Salmon”.

43 Regular-pack canned salmon, which consists of sections of flesh that are cut transversely from the fish and are nearly equal in length to the height of the can, shall be packed so that the cut surfaces are parallel with the ends of the can.

44 Regular-pack canned salmon described in section 43 shall be designated skinless and boneless canned salmon if it is salmon from which the skin and the vertebrae have been removed.

45 Each can containing minced salmon or trimmings from the tail and nape sections of a salmon or other small pieces of salmon shall be embossed with the words “Minced” or “Salmon Tips”, as appropriate, or such other designation as may be approved by the President of the Agency.

46 [Repealed, SOR/96-364, s. 11]

Tuna

47 Fish of a species named in the table to this section shall be designated as tuna after it has been canned.

48 The species of fish Sarda Chiliensis or Sarda Lineolata, after it has been canned, shall be designates as “Bonito” or “Bonito Tuna”.

49 In addition to the requirements of section 25, the labels on all cans of tuna shall indicate the colour of the fish flesh in accordance with the following colour classifications:

• (a) “White Meat Tuna” or “White Tuna” is canned tuna of the species Thunnus alalunga or Thunnus germo that has a diffuse luminous reflectance of not less than 33.7 per cent that of magnesium oxide;

• (b) “Light Meat Tuna” or “Light Tuna” is canned tuna that has a diffuse luminous reflectance of not less than 22.6 per cent that of magnesium oxide when that reflectance is measured by a method prescribed by the President of the Agency; and

• (c) “Dark Meat Tuna” or “Dark Tuna” is canned tuna that does not meet the colour requirements of “Light Meat Tuna”.

Sardines

50 Only canned fish that are produced from small clupeoid fish may be designated as “sardines”.

PART VFresh or Frozen Fish

Breaded Fish

• 51 (1) In this section “fish stick” means a uniform rectangular portion of breaded fish flesh that weighs not less than 25 g and not more than 50 g.

• (2) Fish sticks for sale in Canada shall be not less than 10 mm thick and shaped so that the length is not less than three times the greatest width and shall

  • (a) if cooked, contain a minimum of 60 per cent by weight of fish flesh; and

  • (b) if uncooked, contain a minimum of 67 per cent by weight of fish flesh.

• (3) Uniform rectangular portions of breaded fish flesh for sale in Canada that weigh more than 50 g shall

  • (a) if cooked, contain a minimum of 66 2/3 per cent by weight of fish flesh; and

  • (b) if uncooked, contain a minimum of 75 per cent by weight of fish flesh.

• (4) Fish sticks and other uniform rectangular portions of breaded fish flesh for sale in Canada that are prepared from minced fish shall have a descriptive term on the container of label thereof, in close proximity to the common name and in letters not less than half the height of the letters in the common name and in any case not less than 1.6 mm in height, declaring that the product is produced from minced fish.

• 52 (1) Prepackaged fish and chips for sale in Canada shall contain fish that is batter-coated and when inspected by a method approved by the President of the Agency

  • (a) the batter-coated fish shall be not less than 45 per cent of the declared weight of the product; and

  • (b) the fish content of the batter-coated fish shall be not less than 25 per cent of the declared weight of the product.

• (2) French-fried potatoes in prepackaged fish and chips referred to in subsection (1) shall be of the grade required by the Processed Products Regulations for french-fried potatoes.

53 Breaded scallops for sale in Canada shall,

• (a) if cooked, contain a minimum of 60 per cent by weight of scallop meat; and

• (b) if uncooked, contain a minimum of 67.5 per cent by weight of scallop meat.

Lobster Meat

54 Unfrozen lobster meat and frozen lobster meat shall be free from the stomach, intestinal tract, gills, cartilage, shell particles, liver, roe and any other part that is not lobster flesh.

• 55 (1) Unfrozen lobster meat and frozen lobster meat to which pickle or brine has been added shall be packed in containers having the dimensions set out in an item of Column I of the table to this section, which containers shall be marked or labelled with a statement of the net weight of the lobster meat.

• (2) Each container of unfrozen lobster meat to which pickle or brine has been added, having the dimensions set out in an item of Column I of the table to this section, shall contain not less than the net weight set out in Column II of the table opposite that item.

• (3) Each container of frozen lobster meat to which pickle or brine has been added, having the dimensions set out in an item of Column I of the table to this section, shall contain not less than 95 per cent of the net weight set out in Column II of the table opposite that item.

  Column I	Column II
  Container Dimensions	Net Weight
  1.   87.3 × 44.5 (307 × 112)	142 g
  2.   87.3 × 46.0 (307 × 113)	142 g
  3.  108.0 × 47.6 (404 × 114)	227 g
  4.  108.0 × 60.3 (404 × 206)	340 g
  5.  108.0 × 61.1 (404 × 206.5)	340 g
  6.  108.0 × 139.7 (404 × 508)	907 g
  7.  157.2 × 133.4 (603 × 504)	1.70 kg
  8.  157.2 × 177.8 (603 × 700)	2.27 kg

56 The President of the Agency may, upon written request,

• (a) authorize the use of container sizes other than those referred to in subsection 55(1); and

• (b) establish the net weight of the contents thereof.

57 Containers in which unfrozen lobster meat has been packed without the addition of pickle or brine shall be marked or labelled with the words “dry pack”.

58 Containers of frozen lobster meat shall be marked or labelled with the words “Frozen Lobster Meat”.

59 Where cooked lobster meat is processed for sale as unfrozen lobster meat, it shall, after being packed, be chilled immediately to, and maintained at, a temperature between 0°C and 2°C.

60 Where cooked lobster meat is processed for sale as frozen lobster meat, it shall be frozen immediately after it has been packed and shall be stored at a temperature of -26°C or lower.

Oysters

61 [Repealed, SOR/94-58, s. 2]

62 Oysters in the shell shall be live, individual, undamaged oysters that are free from mussels, limpets, stones, mud and other extraneous material.

63 Each container of Atlantic oysters in the shell shall be legibly marked in such a manner that the area from which the oysters were harvested can be determined to the satisfaction of an inspector.

64 [Repealed, SOR/96-364, s. 12]

65 Atlantic oysters in the shell shall be graded and packed according to the following shapes:

• (a) “Fancy Shape”, if the length of the oyster does not exceed one and one-half times its greatest width and it is not abnormally flat, thin-lipped or malformed;

• (b) “Choice Shape”, if the length of the oyster does not exceed one and three-quarters times its greatest width and it is not abnormally flat, thin-lipped or malformed;

• (c) “Standard Shape”, if the length of the oyster does not exceed twice its greatest width and it is not abnormally flat, thin-lipped or malformed; or

• (d) “Commercial Shape”, if the oyster does not meet the requirements of paragraph (a), (b) or (c).

66 Each container of “Fancy Shape” and “Choice Shape” Atlantic oysters in the shell shall be

• (a) packed with oysters varying not more than 25 mm in length; and

• (b) legibly marked to show the minimum count of oysters contained therein.

Pacific Salmon

66.1 No person shall mark or label any frozen gutted Pacific Salmon or any container thereof with a grade set out in section 66.2 unless the salmon conforms to the standard prescribed for the grade in that section.

66.2 Frozen gutted Pacific Salmon shall be graded as

• (a) “Grade A”, if it is whole, head on or head off, properly cut and cleaned and is free from all entrails, physical damage, bellyburn and signs of advances sexual maturity;

• (b) “Standard”, if it is whole, head on or head off, properly cut and cleaned and is reasonably free from entrails, physical damage, bellyburn and signs of advanced sexual maturity; or

• (c) “Utility”, if it is whole, head on or head off, eviscerated and not tainted, decomposed or unwholesome.

66.3 Frozen gutted Pacific Salmon shall be protected from oxidation and dehydration by a glaze of ice or a tightly wrapped membrane.

Scallops

67 Where scallops are shucked on a fishing vessel, the scallop meat shall be washed and held in containers of a kind approved by the President of the Agency.

68 No person shall pack, sell, export or import any unfrozen scallop meat unless that meat is packed in a container of a kind approved by the President of the Agency.

69 Sea water or three per cent brine made with fresh water obtained from a source approved by the President of the Agency shall be used for washing scallop meat.

70 No person shall pack, sell, export or import

• (a) any unfrozen scallop meat unless the meat is free from organoleptically detectable spoilage;

• (b) any frozen or breaded scallop meat that does not meet the requirements of these Regulations; or

• (c) any unfrozen, frozen or breaded scallop meat unless the meat is free from pieces of roe, gut, shell particles, sand or other extraneous material.

71 Despite paragraph 70(c), scallops taken from an area approved by the President of the Agency may be packed, sold, exported or imported whole in the shell or with roe attached.

Shrimp Cocktail

• 72 (1) Shrimp cocktail shall be prepared from sound, cooked, peeled shrimp meat.

• (2) No person shall export or import any container of shrimp cocktail unless the weight of the shrimp, either expressed as a percentage of the net weight of edible contents in the container or as a declaration of the total weight of shrimp in the container, is declared on the label.

Smelts

• 73 (1) Unless otherwise permitted by the President of the Agency, containers of frozen Atlantic smelts shall be packed in accordance with the table to this subsection.

  Markings on Containers	Length of Smelts in Containers
  1.  Small size	under 100 mm
  2.  Medium size	100 mm but less than 140 mm
  3.  No. 1 size	140 mm but less than 180 mm
  4.  Extra size	180 mm and over

• (2) The length of a frozen Atlantic smelt shall be determined by measuring from the tip of the nose to the round of the tail of the smelt.

Whitefish

74 [Repealed, SOR/96-364, s. 13]

75 In addition to the requirements of section 26, a container of whitefish shall be correctly and legibly marked in English of French to show

• (a) the name of the lake of origin of the whitefish, including the name of the province; and

• (b) the words “dressed whitefish” or “round whitefish” or “whitefish fillets”, as the case may be.

76 If graded for size, containers of whitefish shall be packed and marked in accordance with the Table to this section.

Markings on Containers	Weight of Whitefish in Containers
1.  Small	under 680 g
2.  Medium	680 g but less than 1.35 kg
3.  Large	1.35 kg but less than 1.80 kg
4.  Jumbo	1.80 kg and over

77 Containers in which whitefish is packed for export from Canada may be exempted by the President of the Agency from any or all of the provisions of sections 75 and 76.

PART VIPickled, Spiced and Marinated Fish

General

• 78 (1) No person shall cure fish for export as pickled, spiced or marinated fish unless the fish prior to curing

  • (a) are free from organoleptically detectable spoilage, bruises and other discolorations;

  • (b) are clean, firm and properly prepared for the particular style of pack;

  • (c) are free from all damaging feed or stomach contents; and

  • (d) subject to subsection (2), contain not less than 13 per cent fat.

• (2) Fish having a fat content of less than 13 per cent may be packed for export from Canada where a lower fat content is specified by a buyer in the importing country.

79 No person shall export pickled, spiced or marinated fish unless

• (a) the containers in which they are packed do not leak;

• (b) the fish are completely covered with the curing solution;

• (c) the fish are properly cured;

• (d) the fish contain a reasonable amount of fat;

• (e) the fish are free from organoleptically detectable spoilage, bruises and other discolorations;

• (f) the fish are properly headed, where required, with a clean cut behind the collar bone; and

• (g) the ingredients used in the curing mixtures are of a type acceptable to the President of the Agency.

80 [Repealed, SOR/96-364, s. 14]

Types, Classes and Grades for Pickled Fish

81 Pickled fish shall be thoroughly cured and properly packed according to its type, class and grade as set forth in sections 82 to 96.

Pickled Split Herring

82 A class A pickled split herring, which is a pickled split herring that contains a reasonable amount of fat, shall be graded as

• (a) “Fat”, if it is a clean, properly split herring that has the blood removed from the backbone and is free from rust;

• (b) “Fat tropic”, if it is a clean, properly split herring that is free from rust; or

• (c) “No. 4 Fat”, if it is a split herring that does not meet the requirements of paragraph (a) or (b).

83 A class B pickled split herring, which is a pickled split herring that contains no fat or only a small amount of fat, shall be graded as

• (a) “Bright”, if it is a clean, properly split herring that has the blood removed from the backbone, is free from rust and is reasonably white inside;

• (b) “Tropic”, if it is a clean, properly split herring that is free from rust; or

• (c) “No. 4 Tropic”, if it a split herring that does not meet the requirements of paragraph (a) or (b).

84 Notwithstanding sections 82 and 83, a pickled split herring may be graded as

• (a) “No. 1”, if it is a clean firm, properly split herring that is bright in colour and that has the entrails removed and the blood removed from the backbone; or

• (b) “Seconds”, if it is a split herring that does not meet the requirements of paragraph (a).

Pickled Headless Split Herring

85 A pickled headless split herring shall be graded as

• (a) “Headless Split”, if it is a firm, white-bellied, properly split headless herring that is bright in colour and from which all entrails and the blood along the backbone have been removed; or

• (b) “Substandard Headless Split”, if it is a split headless herring that does not meet the requirements of paragraph (a).

Pickled Dressed Herring

86 A pickled dressed herring shall be graded as

• (a) “Dressed”, if it is a firm, headless herring that is bright in colour and from which the entrails and a strip of belly, extending from the neck to the anal fin, have been removed in such a manner that no bones protrude; or

• (b) “Substandard”, if it is a dressed, headless herring that does not meet the requirements of paragraph (a).

Pickled Herring Fillets

87 A pickled herring fillet shall be graded as

• (a) “No. 1”, if it is a clean, firm, bright herring fillet that is free from rust and discoloration and from which the backbone and fins have been removed; or

• (b) “No. 2”, if it is a herring fillet that does not meet the requirements of paragraph (a).

Scotch Cure

88 A scotch cure pickled herring shall be graded as

• (a) “Full”, if it is a properly gutted, firm herring that is bright in colour and shows the roe or the milt at the throat; or

• (b) “Fillings”, if it is a properly gutted, firm herring that is bright in colour and does not show the roe or the milt at the throat.

Pickled Split Turbot

89 A pickled split turbot shall be graded as

• (a) “No. 1”, if it is a white, properly split turbot that is clean on the back and face and free from blood along the backbone; or

• (b) “No. 2”, if it is a split turbot that does not meet the requirements of paragraph (a) and is not sour, “pink” or “red”, rusty or heavily sunburned.

Pickled Split Spring Mackerel

90 A pickled split spring mackerel, which is a pickled split mackerel that has no fat or only a small amount of fat, shall be graded as

• (a) “Bright Spring”, if it is a clean, smooth-faced, properly split mackerel that has the blood removed from the backbone, is reasonably bright in colour, and is free from rust;

• (b) “Spring”, if it is a clean, reasonably smooth-faced, properly split mackerel that is free from rust; or

• (c) “No. 4 Spring”, if it is a split mackerel that does not meet the requirements of paragraph (a) or (b).

Pickled Split Summer Mackerel

91 A pickled split summer mackerel, which is a pickled split mackerel that contains a reasonable amount of fat, shall be graded as

• (a) “Choice”, if it is a clean, smooth-faced, properly split mackerel that has the blood removed from the backbone, is white in colour and is free from rust and blood stains;

• (b) “Summer”, if it is a clean, well split mackerel that has the blood removed from the backbone, is of good colour and is free from rust and blood stains, whether or not it is slightly rough in appearance;

• (c) “Dark Summer”, if it is a clean, fairly well split mackerel that is of good colour and is free from rust, whether or not it is slightly rough in appearance; or

• (d) “No. 4 Summer”, if it is a split mackerel that does not meet the requirements of paragraph (a), (b) or (c).

Pickled Split Fall Mackerel

92 A pickled split fall mackerel, which is a pickled split mackerel that contains a substantial amount of fat, shall be graded as

• (a) “Choice Fall”, if it is a clean, smooth-faced, properly split mackerel that has the blood removed from the backbone, is white in colour and is free from rust and blood stains;

• (b) “Fall”, if it is a clean, well split mackerel that has the blood removed from the backbone, is of good colour and is free from rust and blood stains, whether or not it is slightly rough in appearance;

• (c) “Dark Fall”, if it is a clean, fairly well split mackerel that is of good colour and is free from rust, whether or not it is slightly rough in appearance; or

• (d) “No. 4 Fall”, if it is a split mackerel that does not meet the requirements of paragraph (a), (b) or (c).

Pickled Mackerel Fillets

93 The types and grades for pickled mackerel fillets shall be those types and grades set out in sections 90 to 92 for pickled split mackerel except that, where reference is made to the removal of blood from the backbone, the reference does not apply.

Pickled Headless or Pickled Trimmed Mackerel

94 The types and grades for pickled headless and pickled trimmed mackerel shall be those types and grades set out in sections 90 to 92 for pickled split mackerel.

Pickled Split Arctic Char

95 A pickled split Arctic char shall be graded as

• (a) “Choice Red”, if it is a red fleshed, clean, firm, properly split Arctic char that has the blood removed from the backbone and is free from rust, blood stains and other discolorations;

• (b) “Choice Pink”, if it is a pink fleshed, clean, firm, properly split Arctic char that has the blood removed from the backbone and is free from rust, blood stains and other discolorations;

• (c) “Prime Mixed”, if it is a red or pink fleshed, clean, firm, fairly well split Arctic char that has the blood removed from the backbone and is free from rust, whether or not it shows slight blood stains or is slightly rough in appearance; or

• (d) “Commercial”, if it is a red, pink or white fleshed split Arctic char that does not meet the requirements of paragraph (a), (b) or (c).

Pickled Split Atlantic Salmon

96 A pickled split Atlantic salmon shall be graded as

• (a) “Choice”, if it is a red or pink fleshed, clean, firm, smooth-faced, properly split Atlantic salmon that has the blood removed from the backbone and is free from rust, blood stains and other discolorations;

• (b) “Prime”, if it is a red or pink fleshed, clean, firm, fairly well split Atlantic salmon that has the blood removed from the backbone and is free from rust, whether or not it shows slight blood stains or is slightly rough in appearance; or

• (c) “Commercial”, if it is a red or pink or white fleshed split Atlantic salmon that does not meet the requirements of paragraph (a) or (b).

Sizes for Pickled Fish

• 97 (1) Containers of pickled fish shall be packed according to the length of the fish in accordance with Table I to this section or according to the count of the fish in accordance with Table II to this section.

• (2) The longest fish in any container marked “extra small”, “small” or “small medium” in accordance with Table II to this subsection shall not be more than 25 mm longer than the shortest fish in that container.

  (measured from tip of nose to round of tail)
  Description	Scotch Cure Herring	Herring and Split Herring	Alewives	Spring Mackerel
  Small	230 but under 255	180 but under 230	—	255 but under 330
  Matt	255 but under 280	—	—	—
  Medium	280 but under 305	230 but under 280	200 but under 255	330 but under 380
  Large	305 and over	280 and over	255 and over	—
  Mixed	—	—	200 and over	—
  No. 4	—	—	ungraded for size	—

  Description	Summer Mackerel	Fall Mackerel	Mackerel Fillets
  Extra Small	over 400	—	—
  Small	between 270 and 401	—	over 750
  Small medium	between 225 and 271	between 200 and 401	—
  Medium	between 160 and 226	between 150 and 201	550 to 751
  Large	under 161	between 115 and 151	under 551
  Extra large	—	under 115	—

• (3) The longest fish in any container marked “medium”, “large” or “extra large” in accordance with Table II to this section, shall not be more than 2 inches longer than the shortest fish in that container.

PART VIIBloaters and Bloater Fillets

98 [Repealed, SOR/96-364, s. 15]

Grades

99 Bloaters and bloater fillets shall be properly cured and packed according to their grades as set out in sections 100 and 101.

100 A bloater shall be graded as

• (a) “Choice”, if it is a properly cured herring that has been smoked to a golden colour; or

• (b) “Standard”, if it is a properly cured herring, whether or not it has taken the smoke properly, is broken at the throat or belly or has other slight defects.

101 A bloater fillet shall be graded as

• (a) “Choice”, if it is a properly cured herring fillet that has been well smoked and shows considerable fat; or

• (b) “Standard”, if it is a properly cured herring fillet that does not meet the requirements of paragraph (a).

Sizes for Bloaters

• 102 (1) All bloaters shall be packed by count in accordance with the weight of bloaters in the container.

• (2) The number of bloaters packed in a container holding 8.16 kg shall be indicated by marking or labelling the container with one of the following counts, whichever is appropriate:

  • (a) less than 61;

  • (b) 61 to 80;

  • (c) 81 to 120;

  • (d) 121 to 160; or

  • (e) more than 160.

• (3) Where the weight of bloaters in a container is greater or less than 8.16 kg, the count indicated by marking or labelling shall be proportionately greater or less, whichever is appropriate, than that required by subsection (2), as approved by the President of the Agency.

• (4) The longest fish in a container of bloaters shall not be more than 25 mm longer than the shortest fish in that container when measured from the tip of the nose to the round of the tail.

PART VIIISalted Fish

103 In this Part, salted fish means fish of the Gadidae family that has been preserved by salt and contains not less than 12% salt on a wet weight basis and a maximum moisture content of 65%.

• 104 (1) No person shall place a product designation on a label affixed to a container of salted fish unless the designation is immediately adjacent to the common name of the product without any intervening printed, written or graphic matter and the designation is made in accordance with subsection (2).

• (2) Salted fish shall be designated as

  • (a) “split fish”, if it is split and at least two-thirds of the anterior of the backbone has been removed;

  • (b) “split fish with entire backbone”, if it is split and no portion of the backbone has been removed;

  • (c) “fillet”, if it is a fillet as defined in section 2; or

  • (d) any other designation that

    • (i) is distinctive from those set out in paragraphs (a) to (c), and

    • (ii) meets the requirements of these Regulations.

• 105 (1) No person shall place a class designation on a label affixed to a container of salted fish unless the designation is made in accordance with subsection (2).

• (2) Salted fish shall be designated as

  • (a) “slack salted fish”, if, after the curing process is complete, it has a maximum salt content of 25% of the dry weight of the fish;

  • (b) “light salted fish”, if, after the curing process is complete, it has a salt content of more than 25% but not more than 33% of the dry weight of the fish;

  • (c) “dried heavy salted fish”, if, after the curing process is complete, it has a salt content of more than 33% of the dry weight of the fish and has a maximum moisture content of 54%; or

  • (d) “green heavy salted fish”, if, after the curing process is complete, it has a salt content of more than 33% of the dry weight of the fish and has a moisture content of more than 54% but not more than 65%.

106 If more than one species of salted fish is packed in a container, the names of the species must be indicated on the label in the common name or in the list of ingredients in descending order of proportion.

107 [Repealed, SOR/2007-18, s. 2]

108 [Repealed, SOR/2007-18, s. 2]

109 [Repealed, SOR/2007-18, s. 2]

110 [Repealed, SOR/2007-18, s. 2]

111 [Repealed, SOR/2007-18, s. 2]

112 [Repealed, SOR/2007-18, s. 2]

113 [Repealed, SOR/2007-18, s. 2]

114 [Repealed, SOR/2007-18, s. 2]

115 [Repealed, SOR/2007-18, s. 2]

116 [Repealed, SOR/2007-18, s. 2]

117 [Repealed, SOR/2007-18, s. 2]

118 [Repealed, SOR/2007-18, s. 2]

119 [Repealed, SOR/2007-18, s. 2]

120 [Repealed, SOR/2007-18, s. 2]

121 [Repealed, SOR/99-169, s. 9]

PART IXDried Squid

122 Dried squid for export shall be dried to a moisture content not exceeding 22 per cent and shall be graded as

• (a) “Grade A”, if it is whole, properly split, clean, uniformly shaped and free from all entrails, physical damage, foreign matter, slime, dun, mold and pink, but excluding squid from which pink or dun has been removed;

• (b) “Standard”, if it is whole, split, reasonably clean, free from foreign matter, slime, dun, and mold, whether or not it has traces of pink if the traces are not associated with spoilage and whether or not it is irregularly shaped with slight physical damage, but not if it is squid from which dun has been removed;

• (c) “Utility”, if it is free from foreign matter or mold and has no detectable odour associated with spoilage, whether or not it shows pink discoloration or slight slime, whether or not it is skin-heated, is squid from which dun has been removed or is in bits and pieces.