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

D.02.003 [Repealed, SOR/2003-11, s. 34]

D.02.004 No person shall, on the label of or in any advertisement for a food, make any claim concerning the action or effects of a mineral nutrient contained in the food, except to the effect that the mineral nutrient

• (a) is a factor in the maintenance of good health; and

• (b) is generally recognized as an aid in maintaining the functions of the body necessary to the maintenance of good health and normal growth and development.

• D.02.005 (1) If a component of an ingredient of a prepackaged product set out in the table to subsection B.01.009(1) is a mineral nutrient, no person shall, on the label of or in any advertisement for the prepackaged product, make a statement or claim concerning the mineral nutrient as a component of that ingredient unless

  • (a) despite subsection B.01.008.2(6), the mineral nutrient is declared by its common name, and that common name is shown in parentheses immediately after the ingredient in respect of which it is a component, except that if a source of a food allergen or gluten is required by paragraph B.01.010.1(8)(a) to be shown immediately after that ingredient, the common name of the mineral nutrient is instead shown immediately after that source; and

  • (b) all components of the ingredient are declared.

• (2) Paragraph (1)(b) does not apply to flour used as an ingredient in the manufacture of a prepackaged product referred to in subsection (1).

D.02.006 [Repealed, SOR/2003-11, s. 35]

D.02.007 [Repealed, SOR/88-559, s. 34]

D.02.008 No person shall, in advertising a food that is represented as containing a mineral nutrient or on a label of such food,

• (a) give any assurance or guarantee of any kind with respect to the result that may be, has been or will be obtained by the addition of the mineral nutrient to a person’s diet; or

• (b) refer to, reproduce or quote any testimonial.

• D.02.009 (1) No person shall sell a food to which any of the following mineral nutrients have been added unless a reasonable daily intake of that food by a person would result in the daily intake by such person of not less than,

  • (a) in the case of calcium, 300 milligrams;

  • (b) in the case of phosphorus, 300 milligrams;

  • (c) in the case of iron, four milligrams; and

  • (d) in the case of iodine, 0.10 milligram.

• (2) Subsection (1) does not apply to a human milk fortifier.

• D.02.010 (1) No person shall sell elemental iron powder for use in foods as a source of iron as a mineral nutrient unless

  • (a) subject to paragraph (b), the powder meets the specifications for

    • (i) Iron, Carbonyl,

    • (ii) Iron, Electrolytic, or

    • (iii) Iron, Reduced,

    as set out in the Food Chemicals Codex, Third Edition, 1981, published by the National Academy of Sciences of the United States of America; and

  • (b) in the case of Iron, Reduced, 100 per cent by weight of the particles pass through a 100 mesh sieve and at least 95 per cent by weight of the particles pass through a 325 mesh sieve.

• (2) No person shall sell a food to which elemental iron powder has been added as a source of iron as a mineral nutrient unless the powder meets the requirements referred to in paragraphs (1)(a) and (b).

D.02.011 No person shall sell a food to which sodium iron pyrophosphate has been added as a source of iron as a mineral nutrient unless

• (a) the bioavailability of the iron in the food is not less than 50 per cent of the bioavailability of ferrous sulphate as determined by official method FO-42, Determination of Bioavailability of Iron, December 15, 1982; and

• (b) that person retains documentary evidence showing that the bioavailability of the iron in the food has been determined by the official method referred to in paragraph (a) and, on request by the Minister, submits such evidence to the Minister.

TABLE I[Repealed, SOR/2016-305, s. 70]

DIVISION 3Addition of Vitamins, Mineral Nutrients or Amino Acids to Foods

• D.03.001 (1) In this Division, the expressions vitamin and mineral nutrient have the same meaning as in Divisions 1 and 2.

• (2) This Division applies only in respect of foods that are represented as containing a vitamin, mineral nutrient or amino acid for use in human nutrition.

• D.03.002 (1) Subject to section D.03.003, no person shall sell a food to which a vitamin, mineral nutrient or amino acid has been added unless the food is listed in Column I of the Table to this section and the vitamin, mineral nutrient or amino acid, as the case may be, is listed opposite that food in Column II of the Table.

• (2) No milk or milk product or derivative listed in Column I of the Table to this section applies to the lacteal secretion obtained from the mammary gland of any animal other than a cow, genus Bos, or a product or derivative of such secretion unless that animal is identified therein.

  	Column I	Column II
  	Food	Vitamin, Mineral Nutrient or Amino Acid
  1	Breakfast cereals	Thiamine, niacin, vitamin B6, folic acid, pantothenic acid, magnesium, iron and zinc.
  2	Fruit nectars, vegetable drinks, bases and mixes for vegetable drinks and a mixture of vegetable juices	Vitamin C.
  2.1	Fruit flavoured drinks that meet all the requirements of section B.11.150	Vitamin C, folic acid, thiamine, iron, potassium.
  2.2	Bases, concentrates and mixes that are used for making fruit flavoured drinks and that meet all the requirements of section B.11.151	Vitamin C, folic acid, thiamine, iron, potassium.
  3	Infant cereal products	Thiamine, riboflavin, niacin or niacinamide, calcium, phosphorus, iron, iodine.
  4	Margarine and other similar substitutes for butter	Vitamin A, Vitamin D, alpha-tocopherol
  5	Alimentary pastes	Thiamine, riboflavin, niacin or niacinamide, folic acid, pantothenic acid, vitamin B6, iron, magnesium
  6	Human milk fortifiers, infant formulas and formulated liquid diets	Amino acids — alanine, arginine, aspartic acid, cystine, glutamic acid, glycine, histidine, hydroxyproline, isoleucine, leucine, lysine, methionine, phenylalanine, proline, serine, taurine, threonine, tryptophan, tyrosine, valine; Minerals — calcium, chloride, chromium, copper, iodide, iron, magnesium, manganese, molybdenum, phosphorus, potassium, selenium, sodium, zinc; Vitamins — alpha-tocopherol, biotin, choline, d-pantothenic acid, folic acid, niacin, riboflavin, thiamin, vitamin A, vitamin B6, vitamin B12, vitamin C, vitamin D, vitamin K.
  6.1	Foods represented for use in a very low energy diet	Vitamins — alpha-tocopherol, biotin, d-pantothenic acid, folic acid, niacin, riboflavin, thiamine, vitamin A, vitamin B6, vitamin B12, vitamin C, vitamin D, vitamin K Minerals — calcium, chloride, chromium, copper, iodine, iron, magnesium, manganese, molybdenum, phosphorus, potassium, selenium, sodium, zinc
  7	Flavoured beverage mixes and bases recommended for addition to milk	Vitamin A, thiamine, niacin or niacinamide, vitamin C, iron.
  8	Simulated meat products, simulated poultry meat products, meat product extenders and poultry product extenders	Thiamine, riboflavin, niacin, pyridoxine, d-pantothenic acid, folic acid, vitamin B12, iron, magnesium, potassium, zinc, copper, histidine, isoleucine, leucine, lysine, methionine, phenylalanine, threonine, tryptophan, valine.
  9	Meal replacements and nutritional supplements	Vitamins — alpha-tocopherol, biotin, d-pantothenic acid, folic acid, niacin, riboflavin, thiamine, vitamin A, vitamin B6, vitamin B12, vitamin C, vitamin D Minerals — calcium, chloride, chromium, copper, iodine, iron, magnesium, manganese, molybdenum, phosphorus, potassium, selenium, sodium, zinc
  9.1	Ready breakfast, instant breakfast and other similar breakfast replacement foods however described	Vitamin A, thiamine, riboflavin, niacin or niacinamide, vitamin C, iron
  10	Condensed milk, milk, milk powder, sterilized milk, (naming the flavour) milk	Vitamin D.
  11	Skim milk with added milk solids, partly skimmed milk with added milk solids, (naming the flavour) skim milk, (naming the flavour) partly skimmed milk, (naming the flavour) skim milk with added milk solids, (naming the flavour) partly skimmed milk with added milk solids, skim milk, partly skimmed milk, skim milk powder	Vitamin A, vitamin D.
  12	Evaporated milk	Vitamin C, vitamin D.
  13	Evaporated skim milk, concentrated skim milk, evaporated partly skimmed milk, concentrated partly skimmed milk	Vitamin A, vitamin C, vitamin D.
  14	Apple juice, reconstituted apple juice, grape juice, reconstituted grape juice, pineapple juice, reconstituted pineapple juice, apple and (naming the fruit) juice as described in section B.11.132, concentrated fruit juice except frozen concentrated orange juice	Vitamin C.
  15	Flour, White Flour, Enriched Flour or Enriched White Flour	Thiamine, riboflavin, niacin, vitamin B6, folic acid, d-pantothenic acid, calcium, iron, magnesium.
  16	[Repealed, SOR/94-689, s. 2]
  17	Table salt, table salt substitutes	Iodine.
  18	Dehydrated potatoes	Vitamin C.
  19	Products simulating whole egg	Vitamin A, thiamine, riboflavin, niacin or niacinamide, vitamin B6, d-pantothenic acid, folic acid, vitamin B12, alphatocopherol, calcium, iron, zinc, potassium.
  20	[Repealed, SOR/90-830, s. 11]
  21	Goat’s milk, goat’s milk powder	Vitamin D
  22	Partly skimmed goat’s milk, skimmed goat’s milk, partly skimmed goat’s milk powder, skimmed goat’s milk powder	Vitamins A and D
  23	Evaporated goat’s milk	Vitamins C, D, folic acid
  24	Evaporated partly skimmed goat’s milk, evaporated skimmed goat’s milk	Vitamins A, C, D, folic acid
  25	Pre-cooked rice as defined in subsection B.13.010.1(1)	Thiamine, niacin, vitamin B6, folic acid, pantothenic acid, iron
  26	Mineral water, spring water, water in sealed containers, prepackaged ice	Fluorine
  27	Liquid whole egg, dried whole egg, frozen whole egg, liquid yolk, dried yolk, frozen yolk, liquid egg-white, (liquid albumen), dried egg-white (dried albumen), frozen egg-white (frozen albumen), liquid whole egg mix, dried whole egg mix, frozen whole egg mix, liquid yolk mix, dried yolk mix, frozen yolk mix	Vitamin A, Vitamin D, Vitamin E, thiamine, riboflavin, niacin, vitamin B6, folacin, vitamin B12, pantothenic acid, calcium, phosphorus, magnesium, potassium, iron, zinc