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

Regulations are current to 2022-06-20 and last amended on 2022-03-02. Previous Versions

PART BFoods (continued)

DIVISION 1 (continued)

General (continued)

 [Repealed, SOR/2016-74, s. 2]

 [Repealed, SOR/2016-74, s. 2]

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

    BSE

    BSE means Bovine Spongiform Encephalopathy. (ESB)

    specified risk material

    specified risk material means

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

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

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

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

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

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

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

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

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

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

    • (a) chloramphenicol and its salts and derivatives;

    • (b) a 5-nitrofuran compound;

    • (c) clenbuterol and its salts and derivatives;

    • (d) a 5-nitroimidazole compound; and

    • (e) diethylstilbestrol and other stilbene compounds.

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

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

  • SOR/84-300, s. 8

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

  • SOR/2014-76, s. 1

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

  • (a) not less than 4.0 mg. iron;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

  • SOR/81-566, s. 1
  • SOR/85-275, s. 1
  • SOR/2018-69, s. 27
  •  (1) A manufacturer or distributor named in a Temporary Marketing Authorization Letter issued pursuant to subsection B.01.054(1) may, for the purpose set out in the Letter, sell the food in the manner authorized in the Letter and package, label or advertise that food in the manner authorized in the Letter for the period of time, within the designated area and in the quantity set out in the Letter.

  • (2) No provision of these Regulations made pursuant to paragraph 30(1)(b) of the Act applies in respect of a food or the packaging, labelling or advertising of a food for which a Temporary Marketing Authorization Letter has been issued pursuant to subsection B.01.054(1) to the extent that the food, or the packaging, labelling or advertising of the food, as authorized in the Letter, does not comply with that provision.

  • SOR/81-566, s. 1
  • SOR/85-275, s. 2
  • SOR/90-814, s. 4

 [Repealed, SOR/2016-74, s. 4]

 [Repealed, SOR/88-559, s. 10]

 [S]. Mixed nuts or a mixture of nuts shall consist of a mixture of nuts in which not less than five per cent by weight of each type of nuts is present in the mixture.

 Where a prepackaged product is a mixture of nuts, the percentage and common name of the nut that is present in the product in the greatest amount by weight shall be applied to the principal display panel of the package in close proximity to the common name of the product.

  • SOR/88-336, s. 3
  • SOR/92-626, s. 11

 Notwithstanding any requirement prescribed in Part B, a food product that has been subjected to heat in the presence of a vaporized liquid solution of smoke derived from hardwood, hardwood sawdust or corn cobs may be described as “smoked”.

  • SOR/92-626, s. 11
  •  (1) In this section, frozen means preserved by freezing temperature and does not include any surface freezing that may occur during holding and transportation.

  • (2) Where meat, meat by-products, poultry meat, poultry by-products or fish, or meat of any marine or fresh water animal, that has been frozen is thawed prior to sale, the words “previously frozen” shall be shown

    • (a) on the principal display panel in close proximity to the common name of the food and in letters at least as legible and conspicuous as those used in the common name;

    • (b) anywhere on the principal display panel in letters of not less than 1/4 of an inch (6.4 millimetres) in height; or

    • (c) on a sign displayed adjacent to the food in letters that are legible and conspicuous to a prospective purchaser.

  • (3) Where part of a food referred to in subsection (2) has been frozen and thawed prior to sale, the words “Made from fresh and frozen portions” or “Made from fresh and frozen (naming the food)” shall be shown in the manner described in paragraph (2)(a), (b) or (c).

  • SOR/88-336, s. 3
  •  (1) No person shall offer for sale at retail any solid cut meat or solid cut poultry meat to which phosphate salts or water has been added, unless that meat or poultry meat is contained in a package and carries a label.

  • (2) The label referred to in subsection (1) shall contain a statement of the minimum percentage of meat protein as part of the common name of the product on the principal display panel of the package in type that is as legible and conspicuous as any other type on that display panel, and in letters that are at least one half of the size of the letters used in the common name of the product but that are not less than 1.6 mm in height.

  • SOR/94-262, s. 1

 The label of any solid cut meat or solid cut poultry meat that has had phosphate salts or water added to it, that is not cured and that is prepackaged at retail shall contain a statement of the ingredients contained in the food in accordance with subsections B.01.008.2(1) to (5) and (7).

  • SOR/94-262, s. 1
  • SOR/2003-11, s. 14
  • SOR/2016-305, s. 13

 Sections B.01.090 and B.01.091 do not apply in respect of side bacon, Wiltshire bacon, pork jowls, salt pork or salt beef.

  • SOR/94-262, s. 1
  •  (1) The common name of a simulated meat product or simulated poultry product shall be the common name of the meat product or poultry product that is simulated, modified by the word “simulated”.

  • (2) The word “simulated” in the common name of a simulated meat product or simulated poultry product shall be shown in letters of at least the same size and prominence as those used in the remainder of the common name of that product.

  • (3) Where a simulated meat product or a simulated poultry product is not a prepackaged product, the common name of the product and the other information required by this section to be shown on the label of a simulated meat product or simulated poultry product shall be shown on a sign displayed on or adjacent to the product in letters that are legible and conspicuous to a prospective purchaser.

  • (4) The words

    • (a) “contains no meat”, in the case of a simulated meat product, and

    • (b) “contains no poultry”, in the case of a simulated poultry product,

    shall be shown on the principal display panel of the label of a simulated meat product or simulated poultry product in close proximity to the common name and in letters of at least the same size and prominence as those shown in the common name.

  • (5) to (7) [Repealed, SOR/88-559, s. 11]

  • SOR/88-336, s. 3
  • SOR/88-559, s. 11
  •  (1) For the purposes of this section and section B.01.102, source of protein means any food that contains protein, but does not include spices, seasonings, flavours, artificial flavours, flavour enhancers, food additives and similar foods that contain only small amounts of protein.

  • (2) The common name of a meat product extender shall be the common name of each food in the meat product extender that is a source of protein, plus

    • (a) the word “meat”, or the common name of the meat product that is to be extended, plus the word “extender”; or

    • (b) the words “extender for” plus the common name of the meat product that is to be extended.

  • (3) The common name of a poultry product extender shall be the common name of each food in the poultry product extender that is a source of protein, plus

    • (a) the word “poultry”, or the common name of the poultry product that is to be extended plus the word “extender”; or

    • (b) the words “extender for” plus the common name of the poultry product that is to be extended.

  • (4) Foods that are a source of protein in the meat product extender or poultry product extender shall be shown by their common names in the common name of that meat product extender or poultry product extender

    • (a) in descending order of their proportion of the meat product extender or poultry product extender; and

    • (b) in letters of at least the same size and prominence as those used in the remainder of the common name of the meat product extender or poultry product extender.

  • (5) and (6) [Repealed, SOR/88-559, s. 12]

  • SOR/88-559, s. 12
  •  (1) The common name of an extended meat product or an extended poultry product shall be the common name of the meat product or poultry product that is extended, modified by the common name of each of the foods that are sources of protein in the extended meat product or extended poultry product.

  • (2) Notwithstanding subsection (1),

    • (a) the word or words “meat”, “meat product”, “poultry”, “poultry meat” or “poultry meat by-product” as the case may be, may be used in the common name of an extended meat product or extended poultry product as the common name of the food therein that is a source of protein derived from a meat product or poultry product; and

    • (b) where it is an acceptable manufacturing practice for a manufacturer to omit from his meat product extender or poultry product extender any source of protein derived from a plant that is ordinarily an ingredient of that meat product extender or poultry product extender, or to substitute in whole or in part in his meat product extender or poultry product extender any source of protein derived from a plant for a source of protein that is ordinarily an ingredient of that meat product extender or poultry product extender, the word “plant” may be used in the common name of an extended meat product or extended poultry product as the common name of the food therein that is a source of protein derived from a plant.

  • (3) Foods that are a source of protein in an extended meat product or extended poultry product shall be shown by their common names in the common name of that product

    • (a) in descending order of their proportion of that product; and

    • (b) in letters of at least the same size and prominence as those used in the remainder of the common name of that product.

  • (4) Where an extended meat product or extended poultry product is not a prepackaged product, the common name of that product and the information required by this section to be shown on the label of an extended meat product or extended poultry product shall be shown on a sign displayed on or adjacent to that product in letters that are legible and conspicuous to a prospective purchaser.

  • (5) to (7) [Repealed, SOR/88-559, s. 13]

  • SOR/84-300, s. 9
  • SOR/88-559, s. 13
 
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