PART 1Interpretation

Marginal note:Definitions

1 The following definitions apply in these Regulations.

Act

Act means the Safe Food for Canadians Act. (Loi)

carcass

carcass means the body of a dead animal. (carcasse)

catch-weight food

catch-weight food means a food that because of its nature cannot normally be portioned to a predetermined fixed quantity and is, as a result, usually sold in containers of varying quantities. (aliment à poids variable)

close proximity

close proximity, in respect of an item of information that is shown on a label, means immediately adjacent to the item of information and without any intervening printed, written or graphic material. (à proximité)

commercially sterile

commercially sterile has the same meaning as in section B.27.001 of the Food and Drug Regulations. (stérilité commerciale)

common name

common name, in respect of a food, means

• (a) the name of the food that is printed in boldface type, but not in italics, in the Standards of Identity Document or in the document entitled Common Names for Prepackaged Fish, prepared by the Agency and published on its website, as amended from time to time;

• (b) the name of the food that is printed in boldface type, but not in italics, in a provision of the Food and Drug Regulations; or

• (c) in any other case, the name by which the food is generally known or that identifies its function. (nom usuel)

Compendium

Compendium means the document entitled Canadian Grade Compendium, prepared by the Agency and published on its website, as amended from time to time. (Recueil)

consumer prepackaged

consumer prepackaged, in respect of a food, means packaged in a container in the manner in which the food is ordinarily sold to or used or purchased by an individual — or in which the food may reasonably be expected to be obtained by an individual — without being repackaged, to be used for non-commercial purposes. (de consommation préemballé)

container

container means an outer receptacle or covering that is used or to be used in connection with a food. It includes a wrapper and a confining band but does not include a conveyance or any container that is an integral part of a conveyance. (contenant)

contaminated

contaminated, in respect of a food, means that the food contains any micro-organism, chemical substance, extraneous material or other substance or thing that may render the food injurious to human health or unsuitable for human consumption, including those that are not permitted under the Food and Drugs Act or those that do not comply with any limits or levels provided under that Act. (contaminé)

dairy product

dairy product means milk or a food that is derived from milk, alone or combined with another food, and that contains no oil and no fat other than that of milk. (produit laitier)

dress

dress means to dress a carcass in accordance with section 145. (habiller)

drug

drug has the same meaning as in section 2 of the Food and Drugs Act. (drogue)

egg

egg means an egg of a domestic chicken of the species Gallus domesticus or, in respect of a processed egg product, means that egg or an egg of a domestic turkey of the species Meleagris gallopavo. It does not include a balut. (œuf)

egg carton

egg carton means a package that is capable of being closed and of containing not more than 30 eggs in separate compartments. (boîte à oeufs)

eviscerate

eviscerate means

• (a) in respect of the carcass of a bird, other than an ostrich, rhea or emu, to remove the respiratory, digestive, reproductive and urinary systems, with or without the kidneys, and the other thoracic and abdominal organs; and

• (b) in respect of any other carcass, to remove the respiratory, digestive, reproductive and urinary systems, except the kidneys, and the other thoracic and abdominal organs. (éviscérer)

fish

fish includes shellfish, crustaceans and other marine animals, and any of their parts, products and by-products. (poisson)

food

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

food additive

food additive has the same meaning as in subsection B.01.001(1) of the Food and Drug Regulations. (additif alimentaire)

food animal

food animal means a bird or mammal, other than a marine mammal, from which an edible meat product may be derived. (animal pour alimentation humaine)

foreign state

foreign state includes a WTO Member as defined in subsection 2(1) of the World Trade Organization Agreement Implementation Act. (État étranger)

game animal

game animal means a wild ruminant, pig or bird — including a ruminant, pig or bird that lives in an enclosed territory under conditions of freedom similar to those of wild animals — that is a food animal and that is hunted for commercial use under an authorization issued by a competent authority. (gibier)

hermetically sealed package

hermetically sealed package means a package that, due to its design, is secure against the entry of micro-organisms, including spores. (emballage hermétiquement scellé)

licence

licence means a licence that is issued under paragraph 20(1)(a) or (b) of the Act. (licence)

livestock carcass

livestock carcass means a beef carcass, bison carcass, ovine carcass or veal carcass. (carcasse de bétail)

maple product

maple product means a food that is obtained exclusively by the concentration of sap from trees of the genus Acer or the concentration of maple syrup. (produit de l’érable)

meat product

meat product means the carcass of a food animal, the blood of a food animal or a product or by-product of its carcass or any food that contains the blood of a food animal or a product or by-product of its carcass. It does not include

• (a) gelatin, bone meal, collagen casing, hydrolyzed animal protein, monoglycerides, diglycerides or fatty acids; or

• (b) any food that contains a meat product in an insignificant quantity, having regard to the nature of the food and of the meat product. (produit de viande)

organic product

organic product means a food commodity that has been certified as organic under subsection 345(1) or certified as organic by an entity accredited by a foreign state that is referred to in subparagraph 357(1)(a)(ii). (produit biologique)

ornamental container

ornamental container means a container that, except on the bottom, does not bear any advertising material, other than a trademark or common name, and that, because of any design appearing on its surface or because of its shape or texture, is sold both as a decorative item and as the container of a food. (contenant décoratif)

poultry carcass

poultry carcass means the carcass of a turkey, duck, goose, guinea fowl or bird of the species Gallus domesticus. (carcasse de volaille)

prepackaged

prepackaged, in respect of a food, means packaged in a container in the manner in which the food is ordinarily sold to or used or purchased by a person, and includes consumer prepackaged. (préemballé)

President

President means the President of the Agency. (président)

principal display panel

principal display panel means

• (a) in the case of a consumer prepackaged food whose container is mounted on a display card, the part of the label that is applied to one or both of the following:

  • (i) all or part of the principal display surface, or

  • (ii) all or part of the surface of the display card that is displayed or visible under customary conditions of sale or use;

• (b) in the case of a consumer prepackaged food whose container is an ornamental container, the part of the label that is applied

  • (i) to all or part of the bottom of the container,

  • (ii) to all or part of the principal display surface, or

  • (iii) to all or part of a tag that is attached to the container;

• (c) in the case of a consumer prepackaged food whose container is not described in paragraph (a) or (b), the part of the label that is applied to all or part of the principal display surface;

• (d) in the case of a prepackaged food other than a consumer prepackaged food, the part of the label

  • (i) that is applied or attached to all or part of the surface of the container that is displayed or visible under customary conditions of sale or use, or

  • (ii) if the container does not have a surface described in subparagraph (i), that is applied to any part of the container except any part that is the bottom of the container; or

• (e) in the case of a food that is not a prepackaged food, the part of the label that is applied or attached to all or part of the surface of the food that is displayed or visible under customary conditions of sale or use. (espace principal)

principal display surface

principal display surface, in respect of the container of a consumer prepackaged food, means

• (a) if the container has a surface that is displayed or visible under customary conditions of sale or use, the total area of that surface, excluding any surface that is the top of the container;

• (b) if the container has a lid that is the part of the container that is displayed or visible under customary conditions of sale or use, the total area of the top surface of the lid;

• (c) if the container does not have a particular surface that is displayed or visible under customary conditions of sale or use, 40% of the total surface area of the container, excluding any surface area that is its top and bottom, if it is possible for that 40% to be displayed or visible under customary conditions of sale or use;

• (d) if the container is a bag with surfaces of equal dimensions, the total area of one of the surfaces;

• (e) if the container is a bag with surfaces of different dimensions, the total area of one of the largest surfaces;

• (f) despite paragraphs (a) to (e), if the container does not have a surface that is displayed or visible under customary conditions of sale or use to which a label can be applied, the total area of one side of a tag that is attached to the container;

• (g) despite paragraphs (a) to (e), if the container contains wine that is exposed for sale, any part of the surface of the container, excluding its top and bottom, that can be seen without having to turn the container; and

• (h) if the container is a wrapper or confining band that is so narrow in relation to the size of the food that it cannot reasonably be considered to have any surface that is displayed or visible under customary conditions of sale or use, the total area of one side of a tag that is attached to the container. (principale surface exposée)

processed egg product

processed egg product means a food for which a standard is set out in Volume 2 of the Standards of Identity Document. (produit d’oeufs transformés)

processed fruit or vegetable product

processed fruit or vegetable product means a food

• (a) for which a standard is set out in Volume 4 of the Standards of Identity Document;

• (b) for which a grade is set out in Volume 3 of the Compendium;

• (c) that is set out in column 1 of Table 3 of Schedule 3 in items 2 to 11 or in column 1 of Table 4, 5 or 6 of that Schedule; or

• (d) to which Division 3 of Part 10 applies. (produit de fruits ou de légumes transformés)

ready-to-eat

ready-to-eat, in respect of an edible meat product, means that it has been subjected to a treatment or process that is sufficient to inactivate vegetative pathogenic micro-organisms or their toxins and control spores of food-borne pathogenic bacteria so that the meat product does not require further preparing before consumption except washing or thawing or exposing it to sufficient heat to warm it without cooking it. (prêt à manger)

refrigerated

refrigerated, in respect of a food, means that it is kept at a temperature of 4°C or less, without being frozen. (réfrigéré)

sanitary condition

sanitary condition means a condition that does not present a risk of contamination of a food. (conditions hygiéniques)

shellfish

shellfish means a bivalve mollusc of the class Bivalvia or a carnivorous marine mollusc of the class Gastropoda, or any product that is derived from one of those molluscs. (mollusque)

Standards of Identity Document

Standards of Identity Document means the document entitled Canadian Standards of Identity, prepared by the Agency and published on its website, as amended from time to time. (Document sur les normes d’identité)

tray

tray, in respect of eggs, means a package, other than an egg carton, that is capable of containing not more than 30 eggs in separate compartments. (plateau)

wine

wine means an alcoholic beverage that meets the standard set out in section B.02.100 of the Food and Drug Regulations. (vin)

Marginal note:Interpretation — fresh fruits or vegetables

• 2 (1) For the purposes of any provision of these Regulations that refers to “fresh fruits or vegetables”, other than section 122, any fresh plant or any fresh edible fungus, or any part of such a plant or fungus, that is a food is considered to be a fresh fruit or vegetable.

• Marginal note:Exception — subparagraph 11(2)(c)(i)

  (2) For the purposes of any provision of these Regulations that refers to “fresh fruits or vegetables”, a food described in subparagraph 11(2)(c)(i) is not considered to be a fresh fruit or vegetable.

Marginal note:Definition prepare in Act

3 For the purposes of the definition prepare in section 2 of the Act, the growing and harvesting of any fresh fruits or vegetables are prescribed activities.

Marginal note:Words and expressions in documents incorporated by reference

4 For the purposes of interpreting any document prepared by the Agency that is incorporated by reference into these Regulations, words and expressions that are used but not defined in that document have the same meaning as in these Regulations.

PART 2Trade

Marginal note:Subsection 10(1) of Act

• 5 (1) For the purposes of subsection 10(1) of the Act, any food commodity is a prescribed food commodity that a person is prohibited to send or convey from one province to another — or to import or export — unless the person does so in accordance with these Regulations.

• Marginal note:Subsection 10(2) of Act

  (2) For the purposes of subsection 10(2) of the Act, any food — other than a food referred to in any of paragraphs 11(2)(a) to (c) of these Regulations — is a prescribed food commodity that a person is prohibited to import unless the person is authorized to do so by a licence.

• Marginal note:Subsection 10(3) of Act

  (3) For the purposes of subsection 10(3) of the Act, any food commodity is a prescribed food commodity that a person is prohibited to send or convey from one province to another — or to import or export — unless it meets the requirements of these Regulations.

Marginal note:Section 12 of Act

6 For the purposes of section 12 of the Act, any food commodity is a prescribed food commodity that a person is prohibited to have in their possession for the purpose of sending or conveying from one province to another — or for the purpose of exporting — unless it meets the requirements of these Regulations.

Marginal note:Subsection 13(1) of Act

• 7 (1) For the purposes of subsection 13(1) of the Act, any food commodity is a prescribed food commodity that is to be exported or sent or conveyed from one province to another, and any of the following activities is a prescribed activity that a person is prohibited to conduct in respect of that prescribed food commodity except in accordance with these Regulations:

  • (a) manufacturing, preparing, storing, packaging and labelling; and

  • (b) if the food commodity is an organic product, in addition to the activities set out in paragraph (a), advertising and conveying.

• Marginal note:Subsection 13(2) of Act

  (2) For the purposes of subsection 13(2) of the Act, any food — other than a food referred to in paragraph 11(2)(a) or (b) of these Regulations — and any food animal is a prescribed food commodity that is to be exported or sent or conveyed from one province to another, and any of the following activities is a prescribed activity that a person is prohibited to conduct in respect of that prescribed food commodity unless the person is authorized to conduct that activity by a licence:

  • (a) in the case of a food,

    • (i) manufacturing, processing, treating, preserving, grading, packaging and labelling, other than

      • (A) the packaging and labelling of fresh fruits or vegetables in the field by the person who grows or harvests them if they are to be sent or conveyed from one province to another to be subsequently manufactured, processed, treated, preserved or graded by a licence holder,

      • (B) the packaging and labelling of a food referred to in subparagraph 11(2)(c)(i) if, at the time that the food is exported or is sent or conveyed from one province to another, it is not a consumer prepackaged food and it has a label applied or attached to it, or accompanying it, that bears the expression “For Further Preparation Only” or “pour conditionnement ultérieur seulement”, and

      • (C) the grading of a livestock carcass and a poultry carcass, and

    • (ii) if the food is an edible meat product, in addition to the activities set out in subparagraph (i), storing and handling in its imported condition for the purpose of the exercise of an inspector’s powers under the Act; and

  • (b) in the case of a food animal, slaughtering.

Marginal note:Interprovincial trade, import and export

• 8 (1) Any food that is sent or conveyed from one province to another or that is imported or exported

  • (a) must not be contaminated;

  • (b) must be edible;

  • (c) must not consist in whole or in part of any filthy, putrid, disgusting, rotten, decomposed or diseased animal or vegetable substance; and

  • (d) must have been manufactured, prepared, stored, packaged and labelled under sanitary conditions.

• Marginal note:Prohibition — mixing of contaminated food

  (2) It is prohibited for a person to mix a contaminated food with other food so that it meets the requirements of subsection (1), unless the person is authorized to do so by the Minister under subsection (3).

• Marginal note:Ministerial authorization

  (3) The Minister may authorize a person to mix a contaminated food with other food if the Minister is of the opinion that no risk of injury to human health will result.

Marginal note:Compliance with standard

• 9 (1) Any food that is sent or conveyed from one province to another or that is imported or exported and for which a standard is set out in the Standards of Identity Document must comply with that standard.

• Marginal note:Food likely to be mistaken

  (2) Any food that is sent or conveyed from one province to another or that is imported or exported and that is likely to be mistaken for a food for which a standard is set out in the Standards of Identity Document must comply with that standard.

Marginal note:Use of food additives and other substances

10 Any person who manufactures, processes, treats or preserves a food that has been imported or that is to be exported or sent or conveyed from one province to another may use, in or on the food, a food additive or other substance unless the use of that food additive or other substance is not permitted by these Regulations or under the Food and Drugs Act or the use does not comply with any limits or levels provided by these Regulations or under that Act.

Marginal note:Import

• 11 (1) Any food that is imported must have been manufactured, prepared, stored, packaged and labelled in a manner and under conditions that provide at least the same level of protection as that provided by sections 47 to 81.

• Marginal note:Exception

  (2) Subsection (1) does not apply in respect of

  • (a) a food additive;

  • (b) a beverage that contains more than 0.5% absolute ethyl alcohol by volume; or

  • (c) a food that is set out in Schedule 1 and that

    • (i) is unprocessed and is intended to be manufactured, processed or treated for use as a grain, oil, pulse, sugar or beverage,

    • (ii) has a label applied or attached to it, or accompanying it, that bears the expression “For Further Preparation Only” or “pour conditionnement ultérieur seulement”, and

    • (iii) is not a consumer prepackaged food.

Marginal note:Import — fixed place of business

• 12 (1) Any person who imports a food, other than a food referred to in any of paragraphs 11(2)(a) to (c), and who does not have, in Canada, a fixed place of business from which they carry on business related to the food must,

  • (a) have a fixed place of business from which they carry on business related to the food in a foreign state that

    • (i) has an inspection system that has been recognized under Part 7, if the imported food is a meat product or live or raw shellfish, or

    • (ii) has a food safety system that has been determined by the Minister under subsection (2) to provide at least the same level of protection in relation to that food as that provided by the provisions of the Act and these Regulations, if the imported food is not a meat product or live or raw shellfish; and

  • (b) send or convey the food directly to Canada from a foreign state that has an inspection system described in subparagraph (a)(i) or a food safety system described in subparagraph (a)(ii).

• Marginal note:Food safety system — Minister’s determination

  (2) The Minister must determine whether a foreign state’s food safety system provides at least the same level of protection in relation to an imported food as that provided by the provisions of the Act and these Regulations by taking into account the following:

  • (a) any applicable legislative framework, controls and procedures;

  • (b) the organizational structure of the authority that is responsible for the system;

  • (c) the implementation of the system;

  • (d) the resources that support the objectives of the system; and

  • (e) any other relevant information.

• Marginal note:Exception — certain shellfish

  (3) For the purposes of paragraph (1)(a), the reference to “shellfish” does not include the adductor muscles of scallops or the meat of geoducks.

• Marginal note:In transit

  (4) For the purposes of paragraph (1)(b), if the food passes only in transit through a foreign state, the person is not considered to have sent or conveyed the food directly to Canada from that foreign state.

Marginal note:Import information

• 13 (1) Any person who imports a food must provide to the Minister, in a form approved by the President, the following information:

  • (a) their name and address and, if they hold a licence to import, the number of that licence;

  • (b) the name and address of the person from whom the food is received;

  • (c) the name of the foreign state of origin;

  • (d) the address of the first destination of the food in Canada;

  • (e) a description of the food, including its common name and quantity;

  • (f) any information relating to the safety of the food that the Minister believes is required in order to respond to a risk of injury to human health; and

  • (g) in the case of live or raw shellfish other than the adductor muscles of scallops or the meat of geoducks, with respect to the establishment at which the shellfish was last manufactured, prepared, stored, packaged or labelled prior to its importation, the establishment’s registration number, or another identification number for the establishment, that is provided by the foreign state.

• Marginal note:Provision of import information

  (2) The information referred to in subsection (1), and any documents required by sections 96 and 104 and paragraph 167(d), must be provided before or at the time of the import.

• Marginal note:Exception

  (3) Despite subsection (2), in the case of a food other than a meat product, the Minister may authorize the person who imports the food, at their written request, to provide the information after the time of import, at the time specified by the Minister.

• Marginal note:Meat products

  (4) For the purposes of subsection (3), the foods set out in paragraphs 25(a) and (b) are not considered to be meat products.

Marginal note:Import — further inspection

• 14 (1) If, during an inspection that is conducted at the time of the import, the inspector determines that a further inspection is required,

  • (a) in the case of an edible meat product,

    • (i) the meat product must be immediately delivered, by the licence holder who imports it, to an establishment where it must be stored and handled in its imported condition by a licence holder and must be kept in that establishment until the further inspection is completed, and

    • (ii) the licence holder who imports the meat product must provide the address of the establishment referred to in subparagraph (i) to the inspector if it is different from the address referred to in paragraph 13(1)(d); and

  • (b) in the case of a food other than an edible meat product, the food must be kept, by the person who imports it, at the address referred to in paragraph 13(1)(d) until the further inspection is completed.

• Marginal note:Meat products

  (2) For the purposes of subsection (1), the foods set out in paragraphs 25(a) and (b) are not considered to be meat products.

Marginal note:Interprovincial trade and export

• 15 (1) Any food that is sent or conveyed from one province to another or that is exported must meet the following requirements:

  • (a) if the food is manufactured, processed, treated, preserved, graded, packaged or labelled in Canada, that activity must be conducted by a licence holder in accordance with the provisions of the Act and these Regulations, unless that activity is

    • (i) the packaging and labelling of fresh fruits or vegetables in the field by the person who grows or harvests them if they are to be sent or conveyed from one province to another to be subsequently manufactured, processed, treated, preserved or graded by a licence holder,

    • (ii) the packaging and labelling of a food that is set out in Schedule 1 and that is unprocessed and intended to be manufactured, processed or treated for use as a grain, oil, pulse, sugar or beverage, if, at the time that the food is sent or conveyed from one province to another or exported, it is not a consumer prepackaged food and it has a label applied or attached to it, or accompanying it, that bears the expression “For Further Preparation Only” or “pour conditionnement ultérieur seulement”, or

    • (iii) the grading of a livestock carcass or a poultry carcass;

  • (b) if the food, other than a food referred to in paragraph 11(2)(c), has been imported, it must have been imported by a licence holder in accordance with the provisions of the Act and these Regulations; and

  • (c) if the food is a meat product and if

    • (i) any meat product that it contains was manufactured, processed, treated, preserved, packaged or labelled in Canada, that activity must have been conducted by a licence holder in accordance with the provisions of the Act and these Regulations,

    • (ii) any meat product that it contains has been derived from a livestock carcass or a poultry carcass that has been graded in Canada, it must have been graded by a grader in accordance with these Regulations,

    • (iii) any meat product that it contains has been imported, that meat product must have been imported by a licence holder in accordance with the provisions of the Act and these Regulations, and

    • (iv) any meat that it contains is derived from food animals that were slaughtered in Canada, the food animals must have been slaughtered by a licence holder in accordance with the provisions of the Act and these Regulations.

• Marginal note:Exception

  (2) Subsection (1) does not apply in respect of the foods referred to in paragraphs 11(2)(a) and (b).

Marginal note:Exception — export of non-compliant food

• 16 (1) Any person may export a food that does not meet the requirements of these Regulations, other than a requirement of paragraph 8(1)(c) or (d) or subsection 15(1), if a label applied or attached to the food bears the word “Export” or “exportation” and

  • (a) if the foreign state to which the food is exported has a different requirement on the same matter as the unmet requirement, the person prepares a document that substantiates that the foreign state’s requirement has been met; or

  • (b) if the foreign state to which the food is exported has no requirement on the same matter as the unmet requirement,

    • (i) the unmet requirement must be a requirement set out in any of subsection 9(1), sections 10, 188 to 192, 195, 197, 201,210, 244 to 249, 253 and 255, subsection 257(2), paragraphs 258(c) and (d), sections 262, 264, 265, 267, 268, 272, 273, 275 and 280, paragraph 286(a), sections 288, 292 to 295, 306 to 308, 312, 313, 316, 322, 324 to 327, 329 and 331, and

    • (ii) the person prepares a document that sets out the specifications for the unmet requirement as stipulated by the person in the foreign state for whom the exported food is intended.

• Marginal note:Retention period — documents

  (2) The documents referred to in paragraph (1)(a) and subparagraph (1)(b)(ii) must be kept for two years after the day on which the food is exported.

• Marginal note:Additional requirements — meat products

  (3) In the case of the export of a meat product under subsection (1), the requirements of paragraphs 168(1)(a) and (b) must also be met.

Marginal note:Application for export certificate

• 17 (1) An application for the issuance of a certificate or other document referred to in section 48 of the Act must be made to the Minister in a form approved by the President.

• Marginal note:Conditions for issuance

  (2) The Minister may issue a certificate or other document referred to in section 48 of the Act in respect of a food commodity that is intended for commercial use if the applicant holds a licence to export the food commodity and

  • (a) in the case of a food, the manufacturing, preparing, storing, packaging and labelling of the food meets the applicable requirements of Part 4;

  • (b) in the case of a food commodity referred to in paragraph (b) of the definition food commodity in section 2 of the Act, other than an animal, for which a competent authority of a foreign state requires a certificate or other document referred to in section 48 of the Act for its import into that foreign state for the purpose of human consumption, the manufacturing, preparing, storing, packaging and labelling of the food commodity meets the applicable requirements of Part 4 — other than Division 3 — as if it were a food; or

  • (c) in the case of a food commodity referred to in subsection (3), the manufacturing, preparing, storing, packaging and labelling of the food commodity meets the applicable requirements of Part 4 — other than Division 3 — as if it were a food.

• Marginal note:Definition of food commodity in Act

  (3) For the purposes of paragraph (c) of the definition food commodity in section 2 of the Act, any commodity that is derived from an animal or plant, or any of its parts, is a prescribed food commodity if

  • (a) that commodity is not included in paragraph (a) or (b) of that definition; and

  • (b) a competent authority of a foreign state requires a certificate or other document referred to in section 48 of the Act in order for that commodity to be imported into that foreign state for the purpose of human consumption.

• Marginal note:Exemption

  (4) The prescribed food commodity referred to in subsection (3) is exempted from the application of any provision of the Act and these Regulations that is not necessary to give effect to this section. For greater certainty, the exemption does not include section 6 of the Act.

• Marginal note:Inspection before export

  (5) The Minister may require that an inspection be conducted of any food commodity in respect of which a person has applied for a certificate or other document referred to in section 48 of the Act, for the purpose of deciding whether to issue the certificate or other document.

• Marginal note:Inspection — accessibility

  (6) If an inspection of a food commodity is required, the applicant must make the food commodity readily accessible to an inspector at the time of inspection.

Marginal note:Non-compliant food

• 18 (1) Any person may send or convey from one province to another or import a food that does not meet the requirements of the Act or these Regulations — other than section 189 as that section relates to fresh fruits or vegetables, processed fruit or vegetable products or honey, sections 190 to 193, section 306 as that section relates to fresh fruits or vegetables or processed fruit or vegetable products and Volume 4 of the Standards of Identity Document — if

  • (a) a label that bears the expression “For Further Preparation Only” or “pour conditionnement ultérieur seulement” is applied or attached to the food or accompanies it;

  • (b) subject to subsection 8(2), the food is manufactured, processed, treated, preserved, graded, packaged or labelled so that it meets the requirements that are set out in the Act and these Regulations within

    • (i) three months after the day on which the food is sent or conveyed from one province to another or is imported, or

    • (ii) any longer period that is specified by the Minister at the person’s written request; and

  • (c) in the case of import, the food is not a meat product.

• Marginal note:Exception

  (2) Paragraph (1)(a) does not apply in respect of

  • (a) a beef carcass, or a carcass side, hind quarter, front quarter, primal cut or sub-primal cut of a beef carcass, that meets the requirements that are set out in paragraph 306(2)(f);

  • (b) a processed fruit or vegetable product that is labelled under paragraph 306(3)(a); or

  • (c) honey that is labelled under paragraph 306(3)(b).

• Marginal note:Licence holder

  (3) The activities referred to in paragraph (1)(b), other than the grading of a livestock carcass or a poultry carcass, must be conducted by a licence holder.

Marginal note:Exception — import for export

• 19 (1) Any person may import a food that does not meet the requirements of the Act or these Regulations — other than section 189 as that section relates to fresh fruits or vegetables, processed fruit or vegetable products or honey, sections 190 to 193, section 306 as that section relates to fresh fruits or vegetables or processed fruit or vegetable products, Part 13 and Volume 4 of the Standards of Identity Document — if

  • (a) a label that bears the expression “Imported for Export” or “importé pour l’exportation” is applied or attached to the food or accompanies it; and

  • (b) the food is intended to be manufactured, processed, treated, preserved, graded, packaged or labelled for the purpose of exporting it.

• Marginal note:Licence holder

  (2) The activities referred to in paragraph (1)(b), other than the grading of a livestock carcass or a poultry carcass, must be conducted by a licence holder.

Marginal note:Exception — person who conveys

• 20 (1) Subject to subsection (2), the provisions of the Act and these Regulations do not apply to any person who conveys a food commodity if their sole concern, in respect of the food commodity, is its conveyance.

• Marginal note:Exception

  (2) Sections 122 and 123 and subsection 359(3), and any provisions of the Act and these Regulations that are necessary to give effect to them, apply to the person referred to in subsection (1).

Marginal note:Personal use

21 For the purposes of section 19 of the Act, the sending or conveying from one province to another, or the import or export, of a food is considered to be an activity carried out solely for personal use if the food is not intended for commercial use and if

• (a) it is sent or conveyed, imported or exported by an individual, otherwise than in the course of business, and is part of a shipment of food in a quantity that is not more than the quantity set out in the document entitled Maximum Quantity Limits for Personal Use Exemption, prepared by the Agency and published on its website, as amended from time to time; or

• (b) it is imported or exported and is part of the personal effects of an immigrant or emigrant.

Marginal note:Exception — return to Canada of exported food

• 22 (1) The requirements of the Act and these Regulations in relation to import do not apply in respect of a food that is imported after having been exported from Canada if the food is in its exported condition and if

  • (a) in the case of a food other than an edible meat product, the food is sent back to

    • (i) the person who exported it from Canada, if that person holds a licence to export, or

    • (ii) the person who was last in possession of it before its export, from among the persons who manufactured, processed, treated, preserved, graded, packaged or labelled it; and

  • (b) in the case of an edible meat product, the import is authorized by an inspector and the meat product is immediately delivered to an establishment where it is stored and handled in its imported condition by a licence holder and kept in that establishment until an inspector has completed an inspection of the product.

• Marginal note:Meat products

  (2) For the purposes of subsection (1), the foods set out in paragraphs 25(a) and (b) are not considered to be meat products.

Marginal note:Exception — interprovincial trade, import and export

• 23 (1) The provisions of the Act and these Regulations do not apply in respect of a food that is sent or conveyed from one province to another or that is imported or exported if

  • (a) the food is carried on a conveyance for use by the crew or passengers of that conveyance;

  • (b) the food is intended and used for analysis, evaluation, research or a Canadian or international food exhibition and is part of a shipment that weighs 100 kg or less or, in the case of eggs, is part of a shipment of five or fewer cases that are each intended to contain 30 dozen eggs;

  • (c) the food is not intended or sold for use as food and a label that indicates its intended use and bears the expression “Not for Use as Human Food” or “ne peut servir à l’alimentation humaine” is applied or attached to the food or accompanies it;

  • (d) in the case of a food that is imported, the food

    • (i) is imported from the United States into the Akwesasne Reserve for use by an individual who has established permanent residence on that Reserve, or

    • (ii) is part of an in bond shipment that is sent or conveyed from a foreign state to a cruise ship or military ship in Canada for use by the crew or passengers; or

  • (e) in the case of a food that is sent or conveyed from one province to another, the food is sent or conveyed from one federal penitentiary to another.

• Marginal note:In transit

  (2) For the purposes of subparagraph (1)(d)(i), if the food is part of an in bond shipment that passes only in transit through the United States, the food is not considered to have been imported from the United States.

Marginal note:Exception — in bond shipment

24 The provisions of the Act and these Regulations do not apply in respect of a food that is part of an in bond shipment that is sent or conveyed from one foreign state to another if

• (a) the food is manufactured or prepared in a foreign state; and

• (b) the food passes only in transit through Canada.

Marginal note:Exception — meat products

25 Subparagraph 7(2)(a)(ii), subsection 28(2), paragraph 29(1)(d), subsection 31(2), section 42, paragraph 46(1)(b) and sections 69, 167, 168 and 296 do not apply in respect of

• (a) meat products — other than those set out in column 1 of Part A of Table 2 to Volume 7 of the Standards of Identity Document — that are a mixture of a ready-to-eat meat product and a food other than a meat product, if

  • (i) the ready-to-eat meat product that is contained in the mixture was manufactured, processed, treated, preserved, packaged or labelled in Canada by a licence holder in accordance with the provisions of the Act and these Regulations,

  • (ii) the ready-to-eat meat product that is contained in the mixture is derived from a livestock carcass or poultry carcass that has been graded in Canada by a grader in accordance with these Regulations,

  • (iii) the ready-to-eat meat product that is contained in the mixture has been imported by a licence holder in accordance with the provisions of the Act and these Regulations, or

  • (iv) the mixture is imported and

    • (A) the foreign state in which the mixture is manufactured, prepared, stored, packaged or labelled, as the case may be, has, at the time the activity is conducted, an inspection system for meat products that is recognized under Part 7,

    • (B) the foreign state from which the mixture is imported has, at the time of the import, an inspection system for meat products that is recognized under Part 7,

    • (C) the establishment where the food animal from which the ready-to-eat meat product that is contained in the mixture is derived was slaughtered, and any establishment where that meat product was manufactured, processed, treated, preserved, handled, tested, graded, coded, stored, packaged or labelled, have, at the time that the activity is conducted and at the time of the import, a system for manufacturing, processing, treating, preserving, handling, testing, grading, coding, slaughtering, storing, packaging or labelling, as the case may be, that is recognized under Part 7, and

    • (D) the holder of the licence to import provides an inspector with an official document issued by the foreign state, in a form approved by the President, that states that the ready-to-eat meat product that is contained in the mixture meets the requirements that are set out in the Act and these Regulations; and

• (b) broth, lard, leaf lard, tallow or other rendered fat, suet, shortening, flavour or extract if

  • (i) the meat product from which the broth, lard, leaf lard, tallow or other rendered fat, suet, shortening, flavour or extract is derived was manufactured, processed, treated, preserved, packaged or labelled in Canada by a licence holder in accordance with the provisions of the Act and these Regulations,

  • (ii) the meat product from which the broth, lard, leaf lard, tallow or other rendered fat, suet, shortening, flavour or extract is derived is a livestock carcass or a poultry carcass that has been graded in Canada by a grader in accordance with these Regulations,

  • (iii) the meat product from which the broth, lard, leaf lard, tallow or other rendered fat, suet, shortening, flavour or extract is derived has been imported by a licence holder in accordance with the provisions of the Act and these Regulations, or

  • (iv) the broth, lard, leaf lard, tallow or other rendered fat, suet, shortening, flavour or extract is imported and

    • (A) the foreign state in which the broth, lard, leaf lard, tallow or other rendered fat, suet, shortening, flavour or extract is manufactured, prepared, stored, packaged or labelled, as the case may be, has, at the time the activity is conducted, an inspection system for meat products that is recognized under Part 7,

    • (B) the foreign state from which the broth, lard, leaf lard, tallow or other rendered fat, suet, shortening, flavour or extract is imported has, at the time of the import, an inspection system for meat products that is recognized under Part 7,

    • (C) the establishment where the food animal from which the meat product from which the broth, lard, leaf lard, tallow or other rendered fat, suet, shortening, flavour or extract is derived was slaughtered, and any establishment where the meat product was manufactured, processed, treated, preserved, handled, tested, graded, coded, stored, packaged or labelled, have, at the time that the activity is conducted and at the time of the import, a system for manufacturing, processing, treating, preserving, handling, testing, grading, coding, slaughtering, storing, packaging or labelling, as the case may be, that is recognized under Part 7, and

    • (D) the holder of the licence to import keeps a document that substantiates that the conditions set out in clauses (A) to (C) are met.

PART 3Licences

DIVISION 1General

Marginal note:Paragraph 20(1)(a) of Act — import

• 26 (1) For the purpose of issuing a licence to import under paragraph 20(1)(a) of the Act, any food is a prescribed food commodity.

• Marginal note:Paragraph 20(1)(a) of Act — export

  (2) For the purpose of issuing a licence to export under paragraph 20(1)(a) of the Act, any of the following is a prescribed food commodity:

  • (a) any food;

  • (b) any food commodity referred to in paragraph 17(2)(b); and

  • (c) any food commodity referred to in subsection 17(3).

Marginal note:Paragraph 20(1)(b) of Act — import

• 27 (1) For the purpose of issuing a licence under paragraph 20(1)(b) of the Act, any food is a prescribed food commodity that has been imported, and the storing and handling of a food in its imported condition for the purpose of the exercise of an inspector’s powers under the Act are prescribed activities in respect of that prescribed food commodity.

• Marginal note:Paragraph 20(1)(b) of Act — interprovincial trade

  (2) For the purpose of issuing a licence under paragraph 20(1)(b) of the Act, any food and any food animal are the prescribed food commodities that are to be sent or conveyed from one province to another, and the following activities are prescribed activities in respect of those prescribed food commodities:

  • (a) in the case of a food, manufacturing, processing, treating, preserving, grading, storing, packaging and labelling; and

  • (b) in the case of a food animal, slaughtering.

• Marginal note:Paragraph 20(1)(b) of Act — export

  (3) For the purpose of issuing a licence under paragraph 20(1)(b) of the Act, any food, any food animal, any food commodity referred to in paragraph 17(2)(b) and any food commodity referred to in subsection 17(3) are prescribed food commodities that are to be exported, and the following activities are prescribed activities in respect of those prescribed food commodities:

  • (a) in the case of a food, a food commodity referred to in paragraph 17(2)(b) and a food commodity referred to in subsection 17(3), manufacturing, processing, treating, preserving, grading, storing, packaging and labelling; and

  • (b) in the case of a food animal, slaughtering.

Marginal note:Application for issuance, renewal or amendment

• 28 (1) An application for the issuance, renewal or amendment of a licence must be made to the Minister in a form approved by the President.

• Marginal note:Application — food animals and meat products

  (2) An application for the issuance, renewal or amendment of a licence to slaughter a food animal, to manufacture, process, treat, preserve, grade, package or label a meat product or to store and handle an edible meat product in its imported condition must include at least one proposed work shift for each establishment where the activity is conducted.

• Marginal note:Work shift

  (3) A work shift must be

  • (a) in the case of slaughtering, a work shift during which no inspection station referred to in subsection 41(1) is operated for more than 7.5 hours in one day and 37.5 hours in one work week, excluding meal times; and

  • (b) in the case of manufacturing, processing, treating, preserving, grading, packaging or labelling a meat product or storing and handling an edible meat product in its imported condition, a work shift during which those activities are conducted

    • (i) for not more than 7.5 hours in one day and 37.5 hours in one work week, excluding meal times, or

    • (ii) between 6:00 a.m. and 6:00 p.m.

Marginal note:Conditions — issuance, renewal or amendment

• 29 (1) The Minister may issue, renew or amend a licence if

  • (a) in the case of an application for the issuance of a licence, the applicant is not in default of payment of any fee related to the Act that is fixed under the Canadian Food Inspection Agency Act;

  • (b) the applicant, whether or not they are a licence holder conducting the activity in respect of which the application for the issuance, renewal or amendment of the licence is made,

    • (i) in the case of a licence in respect of a food, meets the applicable requirements of Part 4, and

    • (ii) in the case of a licence in respect of a food commodity referred to in paragraph 17(2)(b) or subsection 17(3), meets the applicable requirements of Part 4 — other than Division 3 — as if the food commodity were a food;

  • (c) in the case of an application for the issuance, renewal or amendment of a licence to import, the applicant carries on business related to the food in respect of which the application is made from a fixed place of business that is in

    • (i) Canada, or

    • (ii) a foreign state that has an inspection system described in subparagraph 12(1)(a)(i) or a food safety system described in subparagraph 12(1)(a)(ii);

  • (d) in the case of an application for the issuance, renewal or amendment of a licence to slaughter a food animal, to manufacture, process, treat, preserve, grade, package or label a meat product or to store and handle an edible meat product in its imported condition, a work shift has been approved by the President for each establishment where the activity is conducted;

  • (e) the information submitted in the application is complete, truthful and not misleading; and

  • (f) the Minister is of the opinion, on the basis of the information that was made available to him or her, that the conduct of the activity in respect of which the application for the issuance, renewal or amendment of the licence is made does not present a risk of injury to human health.

• Marginal note:Renewal of suspended licence

  (2) Despite paragraph (1)(b), the Minister may renew a suspended licence if the requirements of subsection (1), other than any requirements whose contravention forms the grounds of the suspension, are met. However, the suspension of the licence remains in effect.

Marginal note:Refusal — issuance, renewal or amendment

30 The Minister may refuse to issue, renew or amend a licence if

• (a) in the five years before the day on which the application is made, the applicant or any of their directors or officers

  • (i) have had a licence suspended or cancelled, or

  • (ii) have been convicted of an offence under the Act or the Food and Drugs Act; or

• (b) in the case of an application for the renewal or amendment of a licence, the applicant is in default of payment of any fee related to the licence that is fixed under the Canadian Food Inspection Agency Act.

Marginal note:Establishment

• 31 (1) A licence holder must conduct the activities that are identified in their licence, other than importing and exporting, in the establishment that is identified in the licence for the activities.

• Marginal note:Work shift

  (2) Subject to subsection (3) and unless otherwise authorized by an inspector, the activities that are conducted in respect of a food animal or meat product must be conducted during a work shift approved by the President and during which inspection services are provided in accordance with Division 2.

• Marginal note:Exception — ante-mortem examination

  (3) In the case of the slaughtering of a food animal, the ante-mortem examination may be conducted outside a work shift.

Marginal note:Amendment of licence — inability to conduct activity

• 32 (1) If a licence holder is unable to conduct an activity that is identified in their licence in one of the establishments that are identified in the licence, the Minister may amend the licence to remove the authorization to conduct that activity in that establishment.

• Marginal note:Written notice

  (2) The Minister must notify the licence holder in writing of the amendment and the date on which it takes effect.

Marginal note:Expiry

• 33 (1) A licence expires two years after the date of issuance or renewal that is specified in it, unless the licence is cancelled before that date.

• Marginal note:Expiry — amendment

  (2) If the Minister amends a licence, its expiry date remains unchanged.

Marginal note:Invalidity

34 A licence becomes invalid if the licence holder surrenders the licence to the Minister and it is not subject to a cancellation procedure.

Marginal note:Grounds for suspension

35 The Minister may suspend a licence if

• (a) the licence holder does not comply with any provision of the Act, other than section 15, or with any provision of these Regulations, the Food and Drugs Act or the Food and Drug Regulations;

• (b) the licence holder is in default of payment of any fee related to the licence that is fixed under the Canadian Food Inspection Agency Act; or

• (c) the Minister is of the opinion that a risk of injury to human health may result if the licence holder continues to conduct an activity that is identified in the licence.

Marginal note:Suspension

• 36 (1) The Minister must not suspend a licence unless the licence holder

  • (a) was provided with a written report that sets out the grounds for the suspension and the period within which corrective action must be taken in order to avoid the suspension; and

  • (b) failed to take corrective action within that period.

• Marginal note:Written notice

  (2) The Minister must notify the licence holder in writing of the suspension and the date on which it takes effect.

Marginal note:Risk of injury to human health

• 37 (1) Despite section 36, if the Minister is of the opinion that a risk of injury to human health may result if the licence holder continues to conduct an activity that is identified in the licence, the Minister may suspend the licence immediately after the licence holder is provided with a written report that sets out the grounds for the suspension.

• Marginal note:Written notice

  (2) The Minister must notify the licence holder in writing that their licence is suspended and that the suspension takes effect immediately.

Marginal note:Duration of suspension

38 The suspension of a licence must be lifted if the Minister determines that corrective action has been taken.

Marginal note:Grounds for cancellation

39 The Minister may cancel a licence if

• (a) the licence holder fails to take corrective action within 90 days after the day on which the licence was suspended, unless a longer period is granted by the Minister at the written request of the licence holder;

• (b) the licence holder continues to conduct an activity that is identified in their licence while the licence is suspended;

• (c) the licence holder or any of their directors or officers has been convicted of an offence under the Act or the Food and Drugs Act;

• (d) the licence holder does not comply with any provision of the Act, other than section 15, or with any provision of these Regulations, the Food and Drugs Act or the Food and Drug Regulations and, since its issuance or renewal, the licence

  • (i) has already been suspended for non-compliance with that provision, or

  • (ii) has already been suspended twice; or

• (e) the licence holder was not in compliance with section 15 of the Act in respect of their application for the issuance, renewal or amendment of the licence or at any time during the period of validity of the licence.

Marginal note:Cancellation

• 40 (1) The Minister must not cancel a licence unless the licence holder was notified of the grounds for cancellation and was provided with an opportunity to be heard in respect of the cancellation.

• Marginal note:Written notice

  (2) The Minister must notify the licence holder in writing of the cancellation and the date on which it takes effect.

DIVISION 2Inspection Services — Food Animals and Meat Products

Marginal note:Inspection stations — slaughtering

• 41 (1) The Minister must determine the number of inspection stations that are required annually during each work shift that has been approved by the President, for each establishment where food animals are slaughtered by a licence holder, taking into account the following factors:

  • (a) the animal species that are slaughtered;

  • (b) the method of carcass examination or inspection that is used;

  • (c) the speed of the slaughter line; and

  • (d) the volume of production.

• Marginal note:Fixed or unfixed locations

  (2) The Minister must determine whether inspection services at an inspection station are to be provided at a fixed or unfixed location in the establishment and, in the case of a fixed location, must specify the location in the establishment.

• Marginal note:Additional inspection stations

  (3) The Minister may authorize one or more additional inspection stations for a work shift, on an annual or hourly basis, taking into account the factors set out in subsection (1), if the licence holder submits a written request to the President and an inspector is available.

Marginal note:Minimum hours of inspection — meat products

42 The Minister must determine the minimum number of hours of inspection that are required per year during each work shift that has been approved by the President, for each establishment where a meat product is manufactured, processed, treated, preserved, graded, packaged or labelled, or where an edible meat product is stored and handled in its imported condition, by a licence holder, taking into account the following factors:

• (a) the nature and complexity of the activities that are conducted by the licence holder in the establishment;

• (b) the size of the establishment, the layout of equipment and the type of equipment and technology that are used;

• (c) the range of meat products and the volume of production;

• (d) work scheduling practices; and

• (e) the inspection records in respect of the establishment and the activities that are conducted by the licence holder in the establishment and, if available, any inspection records in respect of comparable establishments where the same activities are conducted.

Marginal note:Inspection services outside work shifts

43 Inspection services may be provided during a period other than a work shift if a licence holder submits a written request to the Minister and an inspector is available.

Marginal note:Notice

• 44 (1) A licence holder must notify the Minister in writing of any change that affects any of the factors set out in subsection 41(1) or section 42 or if an additional inspection station that is authorized under subsection 41(3) on an annual basis is no longer required.

• Marginal note:Adjustment

  (2) If the Minister becomes aware of a change referred to in subsection (1), the Minister must reconsider and, as appropriate, adjust the number of inspection stations or minimum number of hours of inspection that are required.

PART 4Preventive Controls

DIVISION 1Interpretation and Application

Marginal note:Definitions

45 The following definitions apply in this Part.

acceptable level

acceptable level means a level of a biological, chemical or physical hazard that does not present a risk of contamination of the food. (niveau acceptable)

agronomic input

agronomic input means an input that is used in growing fresh fruits or vegetables, and includes agricultural chemicals, biological controls, pollinators, commercial fertilizers, compost, compost tea, green manure, manure, mulch, row covers, soil amendments and pulp sludge. (intrant agronomique)

control measure

control measure means a measure that can be applied to prevent or eliminate any biological, chemical or physical hazard that presents a risk of contamination of a food or to reduce the hazard to an acceptable level. (mesure de contrôle)

critical control point

critical control point means a step at which the application of a control measure is essential to prevent or eliminate any biological, chemical or physical hazard that presents a risk of contamination of a food or to reduce the hazard to an acceptable level. (point de contrôle critique)

low-acid food

low-acid food means a food of which any component has a pH that is greater than 4.6 and a water activity, as determined by the ratio of the water vapour pressure of the component to the vapour pressure of pure water at the same temperature and pressure, that is greater than 0.85. (aliment peu acide)

operator

operator means

• (a) the holder of a licence to manufacture, process, treat, preserve, grade, store, package or label a food, to store and handle an edible meat product in its imported condition or to slaughter a food animal;

• (b) any person who grows or harvests fresh fruits or vegetables; and

• (c) any person who handles fish in a conveyance. (exploitant)

scheduled process

scheduled process means a process in which a treatment is applied to a food to render the food commercially sterile, taking into account the critical physical and chemical factors that affect the treatment’s effectiveness. (traitement programmé)

Marginal note:Application

• 46 (1) Unless otherwise specified, the requirements of this Part apply in respect of

  • (a) any foods that are to be exported or sent or conveyed from one province to another;

  • (b) any edible meat products that are imported, during their storing and handling in their imported condition, for the purpose of the exercise of an inspector’s powers under the Act; and

  • (c) any food animals from which meat products that are to be exported or sent or conveyed from one province to another may be derived.

• Marginal note:Exception

  (2) Despite subsection (1), in the case of the holder of a licence to import, section 86 applies in respect of any food that is imported.

• Marginal note:Application — establishment

  (3) The requirements of this Part that refer to an establishment apply in respect of

  • (a) in the case of the holder of a licence referred to in paragraph (a) of the definition operator in section 45, an establishment that is identified in their licence;

  • (b) in the case of any person referred to in paragraph (b) of the definition operator in section 45, an establishment where that person grows or harvests fresh fruits or vegetables; and

  • (c) in the case of any person referred to in paragraph (c) of the definition operator in section 45, the conveyance where that person handles fish.

• Marginal note:Establishment — slaughtering game animals

  (4) For the purposes of section 50, subsection 56(2) and sections 66, 67 and 71, in the case of an establishment that is identified in a licence to slaughter a game animal, the facility in the establishment is deemed to be the establishment.

• Marginal note:Exception — game animals

  (5) Section 55, subsection 56(1) and sections 58 and 69 do not apply in respect of an establishment where game animals are slaughtered.

DIVISION 2Biological, Chemical and Physical Hazards

Marginal note:Identification and analysis of hazards

• 47 (1) An operator must identify and analyze the biological, chemical and physical hazards that present a risk of contamination of a food.

• Marginal note:Prevention, elimination and reduction of hazards

  (2) The operator must prevent, eliminate or reduce to an acceptable level the hazards referred to in subsection (1) by using control measures that are shown by evidence to be effective, including any treatment or process and including, in the case of a meat product, the control measures that are set out in the document entitled Preventive Control Requirements for Biological Hazards in Meat Products, prepared by the Agency and published on its website, as amended from time to time.

• Marginal note:Imported food

  (3) The holder of a licence to import must comply with subsections (1) and (2) in respect of a food that is imported.

DIVISION 3Treatments and Processes

Marginal note:Application of scheduled process to low-acid food

• 48 (1) If a low-acid food is in a hermetically sealed package, an operator must apply the scheduled process referred to in subparagraph (3)(a)(i) and, if batch thermal treatment is applied, must use a temperature-sensitive indicator that visually indicates that the package has been thermally treated.

• Marginal note:Exception — refrigerated or frozen food

  (2) Subsection (1) does not apply if the low-acid food is kept refrigerated or frozen and the expressions “Keep Refrigerated” and “garder réfrigéré”, or “Keep Frozen” and “garder congelé”, as the case may be, are shown on the principal display panel.

• Marginal note:Documents

  (3) The operator must prepare documents that set out

  • (a) in respect of each low-acid food,

    • (i) a description of the scheduled process that will be applied to it, together with the name of the person who is responsible for developing the process, and

    • (ii) the formulation of the food; and

  • (b) in respect of each application of the scheduled process to a low-acid food,

    • (i) the name of the food and its production volume,

    • (ii) the equipment that is used for the treatment,

    • (iii) any parameters of the treatment, such as start and end times, temperatures of the treatment and the pressure used in the treatment,

    • (iv) a description of any maintenance of, and of any modifications to, the equipment that is used for the treatment,

    • (v) any deviations from the scheduled process and any corrective action taken,

    • (vi) the incubation results, and

    • (vii) a description of any treatment of the cooling water.

• Marginal note:Retention period of documents

  (4) The documents that set out the information referred to in paragraph (3)(a) must be kept for three years after the day of the most recent application of the scheduled process to the low-acid food, and the documents that set out the information referred to in paragraph (3)(b) must be kept for three years after the day of the application of the scheduled process.

DIVISION 4Maintenance and Operation of Establishment

SUBDIVISION AResponsibility of Operator

Marginal note:Maintenance and operation

49 An operator must maintain and operate an establishment so that the requirements of sections 50 to 81 are met.

SUBDIVISION BSanitation, Pest Control and Non-food Agents

Marginal note:Clean and sanitary condition

• 50 (1) An establishment, and any conveyance or equipment in it that is used in connection with an activity that is regulated under the Act, must be clean and in a sanitary condition.

• Marginal note:Cleaning and sanitation

  (2) The cleaning and sanitation of the establishment and of any conveyance or equipment in it that is used in connection with an activity that is regulated under the Act must be conducted in a manner that does not present a risk of contamination of a food.

Marginal note:Animals — establishment

• 51 (1) An establishment must be protected against the entry of any animal that presents a risk of contamination of a food, except if, in the case of any land that forms part of an establishment, there are no reasonably practicable measures that may be taken to prevent the entry of such animals onto the land.

• Marginal note:Animals — facility or conveyance

  (2) An animal must not be in a facility or conveyance where a food is manufactured, prepared, stored, packaged or labelled or where a food animal is slaughtered, unless the animal is

  • (a) a food that is intended to be manufactured, prepared, stored, packaged or labelled in the facility or conveyance;

  • (b) a food animal that is intended to be slaughtered in the facility or conveyance, whether or not the meat products that may be derived from it are intended to be exported or to be sent or conveyed from one province to another; or

  • (c) an animal that is intended to be used in the manufacturing or preparing of a food in the facility or conveyance.

• Marginal note:Risk of contamination

  (3) Any measures that are taken for the purposes of complying with subsections (1) and (2) must not present a risk of contamination of a food.

Marginal note:Sanitizers, agronomic inputs and non-food chemical agents

52 Any sanitizer, agronomic input or non-food chemical agent that is in an establishment must

• (a) be properly and clearly identified;

• (b) be suitable for its intended use and not present a risk of contamination of a food; and

• (c) be handled and used in a manner that does not present a risk of contamination of a food and that is in accordance with any manufacturer’s instructions.

SUBDIVISION CConveyances and Equipment

Marginal note:Conveyances and equipment — food

53 Any conveyance or equipment that is used in the manufacturing, preparing, storing, packaging or labelling of a food or in the slaughtering of a food animal must

• (a) be appropriate for the food or the food animal, as the case may be, and for the activity being conducted;

• (b) be designed, constructed and maintained to prevent contamination of the food;

• (c) be constructed of, and maintained using, materials that are suitable for their intended use and, if those materials present a risk of contamination of the food, that are

  • (i) corrosion-resistant,

  • (ii) durable,

  • (iii) capable of withstanding repeated cleaning and, if necessary to prevent contamination of the food, repeated sanitizing, unless the equipment is intended for a single use, and

  • (iv) free of any noxious constituent;

• (d) be equipped with instruments to control, indicate and record any parameters that are necessary to prevent contamination of the food;

• (e) function as intended;

• (f) be accessible and, if necessary for its cleaning, sanitizing, maintenance or inspection, able to be easily disassembled;

• (g) be used, maintained and, if necessary, calibrated in accordance with the manufacturer’s instructions and in a manner that does not present a risk of contamination of the food; and

• (h) have surfaces that, if they come into contact with a food, are smooth, free from pitting, cracks and flakes and non-absorbent, except when the surface does not present a risk of contamination of the food.

Marginal note:Other conveyances and equipment

54 Any conveyance or equipment in an establishment that is used to handle any contaminated materials, any waste or any other thing that is inedible must, unless that conveyance or equipment does not come into contact with those materials, waste or things,

• (a) be used only for that purpose;

• (b) be identified as being reserved for that purpose; and

• (c) meet the applicable requirements of section 53.

Marginal note:Equipment — restraining

55 An establishment where food animals are slaughtered must have equipment for restraining food animals during their handling, their assessment, their ante-mortem examination and their inspection.

SUBDIVISION DConditions Respecting Establishments

Marginal note:Land

• 56 (1) If any land that forms part of an establishment presents a risk of contamination of a food, measures must be taken to eliminate the risk.

• Marginal note:Location

  (2) If an establishment is located near any place or thing that presents a risk of contamination of a food, measures must be taken to eliminate the risk.

Marginal note:Interior of facility or conveyance

57 The interior of any facility or conveyance where a food is manufactured, prepared, stored, packaged or labelled or where a food animal is slaughtered must be

• (a) designed to prevent the accumulation of substances that present a risk of contamination of the food, including dust, dirt, micro-organisms and food particles, and to permit effective maintenance, cleaning and sanitizing;

• (b) designed, constructed and maintained in such a manner that

  • (i) the size and layout is adequate to accommodate the activity being conducted and the equipment used in the activity,

  • (ii) the entry of insects, rodents and other vermin is prevented,

  • (iii) any floors, walls, ceilings, windows and doors are smooth, non-absorbent and impervious to moisture, except if those floors, walls, ceilings, windows or doors do not present a risk of the contamination of the food, and

  • (iv) any floors provide or permit good drainage, except if there is no risk of liquid accumulation;

• (c) constructed of, and maintained using, materials that are

  • (i) suitable for their intended use,

  • (ii) appropriate for the food or the food animal, as the case may be, and for the activity being conducted,

  • (iii) durable,

  • (iv) capable of withstanding repeated cleaning and, if necessary to prevent contamination of the food, repeated sanitizing, and

  • (v) free of any noxious constituent; and

• (d) of sound construction and in good repair.

Marginal note:Slaughtering — separate areas

• 58 (1) An establishment where food animals are slaughtered must have separate areas for

  • (a) keeping, examining and inspecting food animals;

  • (b) segregating and isolating food animals under section 132 or paragraph 140(b);

  • (c) holding food animals that show a deviation from normal behaviour, physiology or appearance; and

  • (d) humanely killing food animals under paragraph 140(c).

• Marginal note:Inedible meat products area

  (2) The establishment must also have an enclosed area for the handling of inedible meat products.

• Marginal note:Movement of food animals

  (3) Floors, ramps, gangways and chutes that are used by food animals in the establishment must provide secure footing and must not present a risk of injury to the food animals during movement.

• Marginal note:Stations for inspections, examinations and screenings

  (4) The establishment must be equipped with inspection stations at the fixed locations specified by the President under subsection 41(2) and in the numbers determined by the President under subsection 41(1), and

  • (a) if a licence holder is authorized to conduct a post-mortem examination program, stations for post-mortem examinations; or

  • (b) if a licence holder is authorized to conduct a post-mortem defect management program, stations for post-mortem screenings.

Marginal note:Design, construction and maintenance — movement

• 59 (1) A facility or conveyance where a food is manufactured, prepared, stored, packaged or labelled or where a food animal is slaughtered must be designed, constructed and maintained in such a manner that the movement of persons and things within, into and out of it is controlled.

• Marginal note:Movement — no risk of contamination

  (2) The movement must not present a risk of contamination of the food.

Marginal note:Incompatible activities

60 Physical or other effective means must be used to separate incompatible activities in order to prevent contamination of a food.

Marginal note:Separation of food

61 Physical or other effective means must be used to separate a food from

• (a) anything that presents a risk of contamination of the food;

• (b) any food that does not meet the requirements of the Act or these Regulations; and

• (c) anything that is manufactured, prepared, stored, packaged or labelled in an establishment and not intended or sold for use as food.

Marginal note:Arrival of certain food at establishment

• 62 (1) Any food that presents a risk of injury to human health, that is exempted under section 22 from the application of the import requirements that are set out in the Act and these Regulations or that does not meet the requirements that are set out in the Act or these Regulations must be identified as such and placed in a designated area when it arrives at an establishment.

• Marginal note:Measures to prevent contamination

  (2) Any measures that are necessary to prevent the food described in subsection (1) from contaminating any other food that is in the establishment must be taken.

Marginal note:Lighting

• 63 (1) An establishment must be equipped with natural or artificial lighting that is appropriate for the food or the food animal that is intended to be slaughtered, as the case may be, and for the activity being conducted.

• Marginal note:Light fixtures

  (2) Any light fixtures in the establishment must

  • (a) be capable of withstanding repeated cleaning and, if necessary to prevent contamination of a food, repeated sanitizing; and

  • (b) not present a risk of contamination of the food in the event of breakage.

Marginal note:Ventilation system

64 A facility or conveyance where a food is manufactured, prepared, stored, packaged or labelled or where a food animal is slaughtered must be equipped with a ventilation system that

• (a) provides natural or mechanical ventilation with sufficient air exchange to provide clean air and to remove unclean air and odours that might affect the food;

• (b) is accessible and, if necessary for its cleaning, maintenance or inspection, is able to be disassembled;

• (c) is capable of withstanding repeated cleaning; and

• (d) functions as intended.

Marginal note:Temperature and humidity

• 65 (1) The temperature and humidity level in a facility or conveyance where a food is manufactured, prepared, stored, packaged or labelled or where a food animal is slaughtered must be maintained at levels that are appropriate for the food or the food animal, as the case may be, and for the activity being conducted.

• Marginal note:Heating, cooling or humidity-control system

  (2) If the facility or conveyance is equipped with a heating, cooling or humidity-control system, the system must

  • (a) if necessary to prevent contamination of a food, be equipped with instruments to control, indicate and record the temperature and humidity levels;

  • (b) be accessible and, if necessary for its cleaning, maintenance or inspection, is able to be disassembled;

  • (c) be capable of withstanding repeated cleaning; and

  • (d) function as intended.

Marginal note:Removal and disposal of contaminated materials and waste

• 66 (1) An establishment must have means for the removal and disposal of contaminated materials and waste and, if necessary to prevent contamination of a food, be equipped with a drainage, sewage and plumbing system that functions as intended.

• Marginal note:Frequency and manner

  (2) Contaminated materials and waste must be removed and disposed of at a frequency that is sufficient to prevent contamination of a food and in a manner that does not present a risk of contamination of a food.

Marginal note:Cleaning stations, lavatories, etc.

• 67 (1) If necessary to prevent the contamination of a food, an establishment must be equipped with hand cleaning and sanitizing stations, lavatories, showers, drinking water stations, break rooms or change rooms that

  • (a) are appropriately equipped and adequate in number and size for the number of persons using them;

  • (b) are located so that they are readily accessible to the persons using them; and

  • (c) are capable of withstanding repeated cleaning and, if necessary to prevent contamination of a food, repeated sanitizing.

• Marginal note:Hand cleaning and sanitizing stations

  (2) The hand cleaning and sanitizing stations must permit the effective cleaning of hands.

• Marginal note:Lavatories

  (3) The lavatories must be located and maintained so that they do not present any risk of contamination of a food.

Marginal note:Area for inspector’s use

68 At the request of an inspector, the inspector must be provided with an area that is readily accessible, appropriately equipped and appropriate in size for the exercise of their powers, and the performance of their duties and functions, under the Act.

Marginal note:Office, lockers, etc., for inspector

• 69 (1) An establishment in which a meat product or processed egg product is manufactured, prepared, stored, packaged or labelled or in which a food animal is slaughtered must provide an inspector with

  • (a) a furnished office that is readily accessible, appropriately equipped and appropriate in size for the exercise of their powers and the performance of their duties and functions under the Act;

  • (b) lockers and cabinets that are readily accessible and appropriate for the protection and storing of their equipment and documents; and

  • (c) access to a lockable storage facility or equipment that is appropriate for the protection, preservation and storing of samples.

• Marginal note:Private office, change rooms, etc., for inspector

  (2) In the case of an establishment in which a food animal is slaughtered, the office referred to in paragraph (1)(a) must be private and the inspector must also be provided with access to a lavatory, a shower and a change room in the establishment.

Marginal note:Water — contact with food

• 70 (1) Any water that might come into contact with a food must be potable, unless it does not present a risk of contamination of the food, and must be protected against contamination.

• Marginal note:Steam and ice — contact with food

  (2) Any steam or ice that might come into contact with a food must be made from water that meets the requirements of subsection (1), unless the steam or ice does not present a risk of contamination of the food.

• Marginal note:Water — cross-connections

  (3) Any system that supplies water that meets the requirements of subsection (1) must not be cross-connected with any other system, unless measures are taken to eliminate any risk of contamination of a food as a result of the cross-connection.

• Marginal note:Water given to food animals

  (4) Any water or other source of hydration that is provided to food animals that are intended to be slaughtered in an establishment must not present a risk of injury to the health of those animals and must not present a risk of contamination of the meat products that may be derived from those animals.

Marginal note:Supply of water, steam and ice

• 71 (1) An establishment must be supplied, as appropriate for the food or the food animal that is intended to be slaughtered, as the case may be, and for the activity being conducted, with

  • (a) water that is adequate in quantity, temperature, pH and pressure to meet the needs of the establishment;

  • (b) steam that is adequate in quantity and pressure to meet those needs; and

  • (c) ice that is adequate in quantity to meet those needs.

• Marginal note:Treatment of water, steam or ice

  (2) Any treatment of water, steam or ice must be applied in a manner that does not present a risk of contamination of a food.

SUBDIVISION EUnloading, Loading and Storing

Marginal note:Conveyances

72 Any conveyance that is used to convey a food to or from an establishment and that is unloaded or loaded at the establishment

• (a) must be designed, constructed and maintained to prevent contamination of the food;

• (b) must be constructed of, and maintained using, materials that are suitable for their intended use and, if the materials present a risk of contamination of the food, that are

  • (i) durable,

  • (ii) capable of withstanding repeated cleaning and, if necessary to prevent contamination of a food, repeated sanitizing, and

  • (iii) free of any noxious constituent;

• (c) must be capable of maintaining the temperature and humidity at levels that are appropriate for the food and, if necessary to prevent contamination of the food, be equipped with instruments that control, indicate and record those levels;

• (d) must not contain any animal, other than an animal referred to in paragraph 51(2)(a), any pest control product as defined in subsection 2(1) of the Pest Control Products Act or any other material or substance that presents a risk of contamination of the food; and

• (e) must be clean and in a sanitary condition at the time of unloading or loading.

Marginal note:Unloading and loading

73 Any unloading and loading of a food or of a food animal that is intended to be slaughtered, from or onto a conveyance at an establishment, must be conducted in a manner that does not present a risk of contamination of a food.

Marginal note:Storing — food

• 74 (1) Any storing of a food must be conducted in a manner that does not present a risk of contamination of the food.

• Marginal note:Storing — other

  (2) Any storing of conveyances, equipment, sanitizers, agronomic inputs, chemical agents, starter products, packaging material, labels or any other thing that is used in the manufacturing, preparing, storing, packaging or labelling of a food must be conducted in a manner that does not present a risk of contamination of the food.

• Marginal note:Definition of starter products

  (3) In subsection (2), starter products means the materials that are used to start growing fresh fruits or vegetables and includes seeds, seedlings, plants, cuttings, canes, seed potatoes and nursery stock.

SUBDIVISION FCompetency

Marginal note:Competencies and qualifications

75 Any person who is involved in the manufacturing, preparing, storing, packaging or labelling of a food or in the slaughtering of a food animal must have the competencies and qualifications that are necessary to carry out their duties.

SUBDIVISION GHygiene

Marginal note:Clothing, footwear and protective coverings

76 Any person who enters or is in an area where a food is manufactured, prepared, stored, packaged or labelled or where a food animal is slaughtered must wear clothing, footwear and protective coverings, including gloves, a hairnet, a beard net and a smock, that are in good condition, clean and in sanitary condition and that are appropriate for the food and for the activity being conducted.

Marginal note:Personal cleanliness

77 Any person who enters or is in an area where a food is manufactured, prepared, stored, packaged or labelled or where a food animal is slaughtered must maintain personal cleanliness to prevent contamination of the food, including by cleaning and, if necessary, by sanitizing their hands

• (a) immediately on entering the area;

• (b) immediately after using a lavatory;

• (c) immediately before beginning to conduct the activity; and

• (d) at a frequency appropriate for the food and for the activity being conducted.

Marginal note:Spitting, chewing gum and other acts

78 Any person who enters or is in an area where a food is manufactured, prepared, stored, packaged or labelled or where a food animal is slaughtered must refrain from spitting, chewing gum, using tobacco products, eating, having unnecessary contact with the food and doing any other act that presents a risk of contamination of the food.

Marginal note:Objects and substances — risk of contamination

79 Any person who enters or is in an area where a food is manufactured, prepared, stored, packaged or labelled or where a food animal is slaughtered must refrain from wearing or using any object or substance that presents a risk of contamination of the food.

Marginal note:Reporting of disease, illness, symptoms and lesions

80 Any person who works in an area where a food is manufactured, prepared, stored, packaged or labelled or where a food animal is slaughtered and who has a disease or illness, symptoms of a disease or illness or an open or infected lesion must report them to the operator.

Marginal note:Communicable disease and lesions — risk of contamination

81 The operator must prevent any person who is suffering from, or is a known carrier of, a communicable disease or who has an open or infected lesion from entering or being in an area of an establishment where a food is manufactured, prepared, stored, packaged or labelled or where a food animal is slaughtered if the person’s condition presents a risk of contamination of the food.

DIVISION 5Investigation, Notification, Complaints and Recall

Marginal note:Investigation

• 82 (1) An operator who suspects on reasonable grounds that a food presents a risk of injury to human health or does not meet the requirements of the Act or these Regulations must immediately investigate the matter.

• Marginal note:Notification and mitigation of risk

  (2) If the investigation establishes that the food presents a risk of injury to human health, the operator must immediately notify the Minister and immediately take action to mitigate the risk.

Marginal note:Complaints procedure

• 83 (1) An operator must prepare, keep and maintain a document that sets out a procedure for receiving, investigating and responding to complaints that are received in relation to a food.

• Marginal note:Complaints

  (2) If a complaint is received, the operator must implement the procedure and prepare a document that sets out the details of the complaint, the results of the investigation and the actions taken based on those results and keep it for two years after the day on which the actions are completed.

Marginal note:Recall procedure

• 84 (1) An operator must prepare, keep and maintain a document that sets out a recall procedure that enables the effective recall of a food, the name of a contact person who is responsible for the procedure and the name of a contact person who is responsible for conducting recalls.

• Marginal note:Recall simulation

  (2) The operator must, at least once every 12 months,

  • (a) conduct a recall simulation, based on the recall procedure; and

  • (b) prepare a document that sets out the details of how the recall simulation was conducted and the results of the simulation, and keep that document for two years after the day on which the recall simulation is completed.

• Marginal note:Recall — notice to Minister

  (3) If an operator determines that a food should be recalled because it presents a risk of injury to human health, the operator must immediately notify the Minister.

• Marginal note:Recall — implementation

  (4) If a food is the subject of a recall because it presents a risk of injury to human health, the operator must

  • (a) immediately implement the recall procedure; and

  • (b) prepare a document that sets out the details of the recall, including any information that substantiates its effectiveness, and keep the document for two years after the day on which the recall is initiated.

Marginal note:Imported food

85 The holder of a licence to import must comply with sections 82 to 84 in respect of a food that is imported.

DIVISION 6Preventive Control Plan

Marginal note:Licence holders

• 86 (1) A licence holder must prepare, keep and maintain a written preventive control plan that meets the requirements of section 89 for any activity identified in their licence that they conduct in respect of a food or food animal.

• Marginal note:Exception — food to be exported

  (2) Despite subsection (1), a preventive control plan is not required to be prepared, kept or maintained for any activity that the licence holder conducts in respect of a food, other than fish or a meat product, that is exported, unless a certificate or other document referred to in section 48 of the Act is sought in respect of the food.

• Marginal note:Exception — sales of $100,000 or less

  (3) Despite subsection (1), if a licence holder’s gross sales that are derived from food are $100,000 or less for the 12 months before the day on which they most recently made an application for the issuance, renewal or amendment of a licence, a preventive control plan must be prepared, kept and maintained only for any activity that they conduct in respect of

  • (a) a food animal, meat product, fish, dairy product, egg, processed egg product or processed fruit or vegetable product that is identified in their licence; and

  • (b) a food in respect of which a certificate or other document referred to in section 48 of the Act is sought.

Marginal note:Growers or harvesters of fresh fruits or vegetables

87 Any person who grows or harvests fresh fruits or vegetables must prepare, keep and maintain a written preventive control plan that meets the requirements of section 89 for any activity that they conduct in respect of those fresh fruits or vegetables if they are

• (a) to be exported and a certificate or other document referred to in section 48 of the Act is sought in respect of the fresh fruits or vegetables; or

• (b) to be sent or conveyed from one province to another and the person’s gross sales that are derived from food are more than $100,000 for the previous 12 months.

Marginal note:Implementation

88 Any person who is required to prepare, keep and maintain a preventive control plan must implement that plan.

Marginal note:Content of preventive control plan

• 89 (1) The preventive control plan must include

  • (a) a description of the measures for ensuring that the applicable requirements of sections 201 and 205, subsection 206(1), sections 208, 218, 221, 296, 306, 307, 316, 317, 321, 322, 324 to 326 and 328 are met;

  • (b) a description of the measures for ensuring that the food is packaged and labelled in a manner that does not contravene subsection 6(1) of the Act;

  • (c) in relation to the applicable requirements of these Regulations,

    • (i) a description of the biological, chemical and physical hazards that are identified under subsection 47(1) as presenting a risk of contamination of a food, of the control measures for preventing or eliminating those hazards or reducing them to an acceptable level and of the evidence that the control measures are effective,

    • (ii) a description of the critical control points, of the related control measures and of the evidence that the control measures are effective,

    • (iii) a description of the critical limits for each critical control point,

    • (iv) the procedures for monitoring the critical control points in relation to their critical limits,

    • (v) the corrective action procedures for each critical control point,

    • (vi) the procedures for verifying that the implementation of the preventive control plan results in compliance with the provisions of the Act and these Regulations, and

    • (vii) documents that substantiate that the preventive control plan has been implemented with respect to subparagraphs (i) to (vi); and

  • (d) in relation to the applicable requirements of sections 128 to 136, paragraphs 140(b) and (c) and sections 141 to 144,

    • (i) a description of the measures for preventing or eliminating a risk of avoidable suffering, injury or death to the food animals during their handling, and of the evidence that those measures are effective,

    • (ii) a description of the measures for preventing or eliminating a risk of avoidable suffering or injury to the food animals during their slaughtering, and of the evidence that those measures are effective,

    • (iii) a description of the performance criteria for evaluating the effectiveness of each of those measures,

    • (iv) the procedures for monitoring each of those measures,

    • (v) the corrective action procedures for each of those measures,

    • (vi) the procedures for verifying that the implementation of the preventive control plan results in compliance with the provisions of the Act and these Regulations,

    • (vii) the procedures for auditing, on a regular basis, the outcome of the implementation of the preventive control plan, and

    • (viii) documents that substantiate that the preventive control plan has been implemented with respect to subparagraphs (i) to (vii); and

  • (e) supporting documents that show evidence of the information recorded under paragraphs (a) and (b), subparagraphs (c)(i) to (vi) and (d)(i) to (vii).

• Marginal note:Retention period of documents

  (2) Each document referred to in subparagraphs (1)(c)(vii) and (d)(viii) must be kept for two years after the day on which it is prepared.

• Marginal note:Exception — game animals

  (3) The preventive control plan of the holder of a licence to slaughter a game animal is not required to include any information specified in subsection (1) other than the information specified in subparagraphs (1)(c)(i) and (d)(i).

• Marginal note:Additional content — import

  (4) The preventive control plan of the holder of a licence to import must also include the information specified in subparagraphs (1)(c)(i) to (vii) in relation to the requirements of section 11.

• Marginal note:Additional content — export

  (5) The preventive control plan of the holder of a licence to export must also include the information specified in subparagraphs (1)(c)(i) to (vii) in relation to the requirements of subsection 15(1).

• Marginal note:Additional content — post-mortem programs

  (6) The preventive control plan of a licence holder who is authorized under subsection 160(3) to conduct a post-mortem examination program or a post-mortem defect management program must also include the information specified in subparagraphs (1)(c)(i) to (vii) and paragraph (1)(e) in relation to that program and must meet the requirements that are set out in

  • (a) in the case of a port-mortem examination, the document entitled Fundamentals of the Post-mortem Examination Program, prepared by the Agency and published on its website, as amended from time to time; or

  • (b) in the case of a post-mortem defect management program, the document entitled Fundamentals of the Post-mortem Defect Management Program, prepared by the Agency and published on its website, as amended from time to time.

PART 5Traceability

Marginal note:Documents

• 90 (1) Any person who sends or conveys a food from one province to another, or who imports or exports it, any holder of a licence to slaughter a food animal, to manufacture, process, treat, preserve, grade, store, package or label a food or to store and handle an edible meat product in its imported condition and any person who grows or harvests fresh fruits or vegetables that are to be sent or conveyed from one province to another or exported must, if they provide the food to another person, prepare and keep documents that set out

  • (a) the common name of the food, a lot code or other unique identifier that enables the food to be traced and the name and principal place of business of the person by or for whom the food was manufactured, prepared, produced, stored, packaged or labelled;

  • (b) except if they provide the food to another person as a sale at retail, the date on which it was provided and the name and address of the person to whom it was provided;

  • (c) if they were provided the food by another person, the name and address of that person and the date on which it was provided; and

  • (d) the name of any food commodity that they incorporated into the food or from which they derived the food and, if they were provided the food commodity by another person, the name and address of that person and the date on which it was provided.

• Marginal note:Documents — retail sale

  (2) Any person who sells a food at retail, other than a restaurant or other similar enterprise that sells the food as a meal or snack, must prepare and keep documents that include the information specified in paragraphs (1)(a), (c) and (d).

• Marginal note:Retention period of documents

  (3) The documents referred to in subsections (1) and (2) must be kept for two years after the day on which the food was provided to another person or sold at retail, and must be accessible in Canada.

Marginal note:Production of documents

• 91 (1) Any person who has received a request from the Minister for a document referred to in section 90, or any part of such a document, must provide it to the Minister

  • (a) within 24 hours after receipt of the request, or within

    • (i) any shorter period that is specified by the Minister, if the Minister believes that it is necessary in order to identify or respond to a risk of injury to human health associated with a food commodity, or

    • (ii) any longer period that is specified by the Minister, if the Minister believes that the document is not necessary for a recall that is or may be ordered under subsection 19(1) of the Canadian Food Inspection Agency Act; and

  • (b) if provided electronically, in a single file and in plain text that is capable of being imported into and manipulated by standard commercial software.

• Marginal note:Definition of plain text

  (2) In paragraph (1)(b), plain text means data that is not encrypted and whose semantic content is available.

Marginal note:Labelling

• 92 (1) Any person referred to in subsection 90(1) or (2) must ensure that a label that bears the information specified in paragraph 90(1)(a) is applied or attached to any food, or accompanies any food, that is provided to another person.

• Marginal note:Consumer prepackaged food

  (2) In the case of consumer prepackaged food that is not packaged at retail, the unique identifier referred to in paragraph 90(1)(a) must be a lot code.

• Marginal note:Exception

  (3) Subsections (1) and (2) do not apply in respect of

  • (a) a food at the time of its export;

  • (b) a food, other than a consumer prepackaged food, at the time of its sale at retail; or

  • (c) a prepackaged food described in paragraphs 213(a) to (c) at the time of its sale at retail.

• Marginal note:Exception — foods described in paragraphs 219(1)(a) and (b)

  (4) Despite subsection (1), any food described in paragraph 219(1)(a) or (b) is not required to be labelled with the common name of the food at the time of its sale at retail.

• Marginal note:Exception — foods described in section 220

  (5) Despite subsection (1), any food described in section 220 is not required to be labelled with the name and principal place of business of the person by or for whom the food was manufactured, prepared, produced, stored, packaged or labelled.

PART 6Commodity-specific Requirements

DIVISION 1Application

Marginal note:Application — import, interprovincial trade and export

• 93 (1) The requirements of this Part apply in respect of

  • (a) any foods that have been imported or any foods that are to be sent or conveyed from one province to another or exported; and

  • (b) any food animals from which meat products that are to be sent or conveyed from one province to another or exported may be derived.

• Marginal note:Application — food animals

  (2) The requirements of sections 128 to 136 apply in respect of food animals that are in an establishment that is identified in a licence to slaughter.

DIVISION 2Dairy Products

Marginal note:Preparation

94 Any milk or cream that is used in preparing a dairy product that is to be sent or conveyed from one province to another or exported must meet the applicable requirements of the legislation of the province in which the dairy product is prepared.

DIVISION 3Eggs

Marginal note:Pasteurization

• 95 (1) A licence holder may pasteurize eggs in the shell only if they are graded Canada A or Grade A.

• Marginal note:Import — eggs pasteurized in shell

  (2) Eggs that are pasteurized in the shell and that are imported must have been graded Grade A before pasteurization.

Marginal note:Import — foreign official document

96 The holder of a licence to import may import eggs only if the licence holder provides an inspector with an official document issued by the foreign state, in a form approved by the President, that states that the eggs meet the requirements that are set out in the Act and these Regulations.

Marginal note:Import — Grade C or Grade Nest Run

97 A licence holder who imports eggs that are graded Grade C or Grade Nest Run must deliver them directly to an establishment where eggs are processed and treated by a licence holder.

Marginal note:Import — ungraded eggs

• 98 (1) Despite subsection 306(1), a licence holder may import ungraded eggs if they

  • (a) before the import, notify the Minister in writing of the quantity of ungraded eggs that are intended to be imported, the date of the import and the name of the licence holder and address of the establishment referred to in paragraph (c);

  • (b) package them in a container that is labelled with the expression “Ungraded Eggs” or “oeufs non classifiés”; and

  • (c) deliver them directly to an establishment where eggs are processed and treated by a licence holder.

• Marginal note:Removal — imported ungraded eggs

  (2) Any imported ungraded eggs delivered to an establishment referred to in paragraph (1)(c) may be removed from that establishment if

  • (a) the eggs have been processed and treated by a licence holder; or

  • (b) the eggs are delivered directly to another establishment where eggs are processed and treated by a licence holder.

Marginal note:Interprovincial trade

• 99 (1) Any person who sends or conveys any of the following from one province to another must deliver them to an establishment where eggs are processed and treated by a licence holder:

  • (a) eggs that are graded Canada A or Canada B that bear an ink mark that consists of the word “dyed” or “teint” or a deposit of ink that is applied to an egg’s shell by the holder of a licence to grade eggs;

  • (b) eggs that are graded Canada C;

  • (c) eggs that are graded Grade C or Grade Nest Run that are imported; and

  • (d) ungraded eggs that are imported in accordance with subsection 98(1).

• Marginal note:Interprovincial trade — Canada Nest Run

  (2) Any person who sends or conveys eggs that are graded Canada Nest Run from one province to another must deliver them to an establishment where either eggs are graded or eggs are processed and treated by a licence holder.

• Marginal note:Interprovincial trade — ungraded eggs

  (3) Despite subsection 306(1), any person may send or convey from one province to another ungraded eggs, other than eggs that are rejected in accordance with subsection 333(1) or eggs that are imported in accordance with subsection 98(1), if the person

  • (a) packages them in a container that is labelled with the expression “Ungraded Eggs” or “oeufs non classifiés”; and

  • (b) delivers them to an establishment where either eggs are graded or eggs are processed and treated by a licence holder.

Marginal note:Ink

100 If a licence holder applies ink to an egg’s shell, the ink must be fast-drying and indelible and it must not present a risk of injury to human health.

Marginal note:Trays

101 Before sending plastic trays to an egg producer, a licence holder must clean, sanitize and dry them.

DIVISION 4Processed Egg Products

Marginal note:Processing and treating eggs

• 102 (1) A licence holder may process and treat eggs only if they

  • (a) are edible;

  • (b) do not emit an abnormal odour;

  • (c) are not mouldy;

  • (d) have not been in an incubator;

  • (e) do not have an internal defect, other than a particle of the oviduct or a blood spot neither of which exceeds 3 mm in diameter;

  • (f) are not leakers, except if they become leakers while being transferred to the egg-breaking equipment and they are prepared in a manner that prevents the contamination of the processed egg product; and

  • (g) are free from dirt and other foreign matter.

• Marginal note:Processing and treating processed egg products

  (2) A licence holder may process and treat processed egg products only if they are derived from eggs that meet the requirements of paragraphs (1)(a) to (g).

Marginal note:Temperature

• 103 (1) A processed egg product that is to be sent or conveyed from one province to another or exported and that is processed or treated in an establishment that is identified in a licence must have been chilled to 4°C or less before being removed from the establishment, if it is a

  • (a) liquid whole egg;

  • (b) liquid yolk;

  • (c) liquid egg white or liquid albumen;

  • (d) liquid whole egg mix;

  • (e) liquid yolk mix; and

  • (f) liquid egg product.

• Marginal note:Exception

  (2) Despite subsection (1), the Minister may, in writing, authorize any person to remove a processed egg product that has not been chilled to 4°C or less if the Minister is of the opinion that no risk of injury to human health will result.

Marginal note:Import — foreign official document

104 The holder of a licence to import may import a processed egg product only if the licence holder provides an inspector with an official document issued by the foreign state, in a form approved by the President, that states that the processed egg product meets the requirements that are set out in the Act and these Regulations.

DIVISION 5Fish

Marginal note:Prohibition — import of mitten crab or puffer fish

• 105 (1) It is prohibited for a person to import

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

  • (b) a puffer fish of the family Tetraodontidae.

• Marginal note:Exception — personal use

  (2) Section 19 of the Act does not apply in respect of an import referred to in subsection (1).

Marginal note:Import of live or raw shellfish

• 106 (1) The holder of a licence to import may import live or raw shellfish only if

  • (a) the foreign state in which the shellfish is harvested, manufactured, prepared, stored, packaged or labelled, as the case may be, has, at the time the activity is conducted, an inspection system for the shellfish that is recognized under Part 7;

  • (b) the foreign state from which the shellfish is imported has, at the time of the import, an inspection system for shellfish that is recognized under Part 7; and

  • (c) any establishment where the shellfish was manufactured, prepared, stored, packaged or labelled has, at the time that the activity is conducted and at the time of the import, a system for manufacturing, preparing, storing, packaging or labelling, as the case may be, that complies with an inspection system for shellfish that is recognized under Part 7.

• Marginal note:Exception

  (2) The conditions in paragraphs (1)(a) to (c) do not apply in respect of the import of the adductor muscles of scallops or the meat of geoducks.

Marginal note:Shellfish

• 107 (1) A licence holder may manufacture, prepare, store, package or label shellfish that is to be exported or sent or conveyed from one province to another only if the shellfish is harvested in an area

  • (a) that has been classified under the Canadian Shellfish Sanitation Program and that is not subject to an order prohibiting fishing issued under the Management of Contaminated Fisheries Regulations; or

  • (b) that is subject to an order prohibiting fishing issued under the Management of Contaminated Fisheries Regulations but the shellfish has been decontaminated in accordance with the decontamination plan submitted in connection with a licence to fish for food purposes issued under those Regulations.

• Marginal note:Exception

  (2) The conditions in paragraphs (1)(a) and (b) do not apply in respect of the manufacturing, preparing, storing, packaging or labelling of the adductor muscles of scallops or the meat of geoducks.

Marginal note:Frozen fish

108 A licence holder must protect from dehydration and oxidation all frozen fish that is stored in a conveyance.

DIVISION 6Fresh Fruits or Vegetables

SUBDIVISION AInterpretation and Application

Marginal note:Definitions

109 The following definitions apply in this Division.

apple

apple means a fresh apple for which a grade is prescribed by these Regulations. (pomme)

onion

onion means a fresh onion for which a grade is prescribed by these Regulations. (oignon)

potato

potato means a fresh potato for which a grade is prescribed by these Regulations. (pomme de terre)

Marginal note:Fresh fruits or vegetables packaged together

110 The requirements of sections 113 to 121 and 269 — as well as any requirements under Division 2 of Part 10 and Part 12 that apply in respect of fresh fruits or vegetables — do not apply in respect of consumer prepackaged fresh fruits or vegetables if the container contains more than one type of fresh fruit or vegetable but no other food and if

• (a) the label that is applied or attached to the container bears the expression “Fresh Pack” or “emballage frais” or, in the case of consumer prepackaged fresh vegetables, the expression “Stew-pack” or “légumes mixtes” or the expression “Vegetables for Stew” or “légumes pour ragoût”;

• (b) no one type of fresh fruit or vegetable in the container exceeds 1 kg net weight; and

• (c) the net weight of the fresh fruits or vegetables in the container does not exceed 10 kg.

Marginal note:Fresh fruits or vegetables packaged with other food

111 The requirements of sections 113 to 121 and 269 — as well as any requirements under Division 2 of Part 10 and Part 12 that apply in respect of fresh fruits or vegetables — do not apply in respect of consumer prepackaged fresh fruits or vegetables if the container contains more than one type of fresh fruit or vegetable together with other food and if

• (a) the label that is applied or attached to the container bears the expression “Gift Pack” or “emballage-cadeau” or the expression “Combo Pack” or “emballage mixte”;

• (b) no one type of fresh fruit or vegetable in the container exceeds 1 kg net weight; and

• (c) the net weight of the fresh fruits or vegetables and other food in the container does not exceed 10 kg.

SUBDIVISION BImport

Marginal note:Whole fresh fruits or vegetables

112 The requirements of this Subdivision apply in respect of any fresh fruits or vegetables that are whole.

Marginal note:Imported potatoes

• 113 (1) Potatoes that are imported must meet the requirements for the grade Canada No. 1 that are set out in the Compendium.

• Marginal note:Presumption — potatoes from United States

  (2) Potatoes that are imported from the United States are considered to meet the requirements for the grade Canada No. 1 that are set out in the Compendium if the potatoes have been graded in the United States and meet the applicable requirements that are set out in the document entitled Grade Standard Requirements for Fresh Fruits or Vegetables Imported from the United States, prepared by the Agency and published on its website, as amended from time to time.

Marginal note:Apples from foreign state other than United States

• 114 (1) Apples that are imported from a foreign state other than the United States must meet the requirements for the grade Canada Extra Fancy, Canada Fancy or Canada Commercial that are set out in the Compendium.

• Marginal note:Apples from United States

  (2) Apples that are imported from the United States must meet the requirements for the grade Canada Extra Fancy or Canada Fancy that are set out in the Compendium.

• Marginal note:Presumption — apples from United States

  (3) Apples that are imported from the United States are considered to meet the requirements for the grade Canada Extra Fancy or Canada Fancy that are set out in the Compendium if the apples have been graded in the United States and meet the applicable requirements that are set out in the document entitled Grade Standard Requirements for Fresh Fruits or Vegetables Imported from the United States, prepared by the Agency and published on its website, as amended from time to time.

Marginal note:Presumption — general

115 Fresh fruits or vegetables, other than potatoes or apples, that are imported from the United States are considered to meet the applicable requirements that are set out in the Compendium if the fruits or vegetables have been graded in the United States and meet the applicable requirements that are set out in the document entitled Grade Standard Requirements for Fresh Fruits or Vegetables Imported from the United States, prepared by the Agency and published on its website, as amended from time to time.

Marginal note:Foreign states — onions, potatoes and apples

116 Onions and potatoes that are imported from a foreign state other than the United States, and apples that are imported from a foreign state other than the United States and New Zealand, must meet and be certified by the Minister as meeting the following requirements:

• (a) the applicable requirements that are set out in Parts 10 to 12;

• (b) in the case of onions, the requirements for a particular grade of onions that are set out in the Compendium;

• (c) in the case of potatoes, the requirements for the grade Canada No. 1 that are set out in the Compendium; and

• (d) in the case of apples, the requirements for the grade Canada Extra Fancy, Canada Fancy or Canada Commercial that are set out in the Compendium.

Marginal note:Onions, potatoes and apples from United States

• 117 (1) Onions, potatoes and apples that are imported from the United States must

  • (a) be accompanied at the Canadian port of entry by a serially numbered certificate or evidence, in the form of a facsimile or a copy of an email message, issued by the federal department responsible for agriculture in the United States, that establishes that the following requirements are met:

    • (i) the applicable requirements that are set out in Parts 10 to 12,

    • (ii) in the case of onions, the requirements for a particular grade of onions that are set out in the Compendium,

    • (iii) in the case of potatoes, the requirements for the grade Canada No. 1 that are set out in the Compendium, and

    • (iv) in the case of apples, the requirements for the grade Canada Extra Fancy or Canada Fancy that are set out in the Compendium; or

  • (b) meet and be certified by the Minister as meeting the requirements that are set out in subparagraph (a)(i) and, in accordance with any general tolerances for inspection at the time of shipping or repackaging that are set out in the Compendium, the requirements that are set out in subparagraph (a)(ii), (iii) or (iv).

• Marginal note:Endorsement

  (2) The certificate and evidence referred to in paragraph (1)(a) must be endorsed with the expression “Meets Canadian Import Requirements for Grades, Packaging, Labelling and Standard Container Size” or “satisfait aux exigences d’importation du Canada visant la classification, l’emballage, l’étiquetage et la taille des contenants normalisés”.

Marginal note:Apples from New Zealand

• 118 (1) Apples that are imported from New Zealand must

  • (a) be accompanied at the Canadian port of entry by a serially numbered certificate or evidence, in the form of a facsimile or a copy of an email message, issued by the ministry responsible for agriculture in New Zealand, that establishes that the following requirements are met:

    • (i) the applicable requirements that are set out in Parts 10 to 12, and

    • (ii) the requirements for the grade Canada Extra Fancy, Canada Fancy or Canada Commercial that are set out in the Compendium; or

  • (b) meet and be certified by the Minister as meeting the requirements that are set out in subparagraph (a)(i) and, in accordance with any general tolerances for inspection at the time of shipping or repackaging that are set out in the Compendium, the requirements that are set out in subparagraph (a)(ii).

• Marginal note:Endorsement

  (2) The certificate and evidence referred to in paragraph (1)(a) must be endorsed with the expression “Meets Canadian Import Requirements for Grades, Packaging, Labelling and Standard Container Size” or “satisfait aux exigences d’importation du Canada visant la classification, l’emballage, l’étiquetage et la taille des contenants normalisés”.

Marginal note:Exception

119 Sections 116 to 118 do not apply in respect of onions, potatoes or apples that are part of a shipment that consists of not more than

• (a) 15 containers of onions with an aggregate net weight of not more than 250 kg of onions;

• (b) 15 containers of potatoes with an aggregate net weight of not more than 250 kg of potatoes; and

• (c) 15 containers of apples with an aggregate net weight of not more than 250 kg of apples.

Marginal note:In transit

120 For the purposes of sections 113 to 119, if fresh fruits or vegetables are sent or conveyed to Canada in an in bond shipment from a foreign state other than the United States and pass only in transit through the United States, the fresh fruits or vegetables are not considered to have been imported from the United States.

Marginal note:Application for certificate

• 121 (1) An application for the issuance of a certificate referred to in section 116 or paragraph 117(1)(b) or 118(1)(b) must be made to the Minister in a form approved by the President.

• Marginal note:Inspection

  (2) The Minister may require an inspection for the purpose of deciding whether to issue the certificate.

• Marginal note:Inspection — accessibility

  (3) If an inspection is required, the applicant must make the onions, potatoes or apples readily accessible to an inspector at the time of inspection.

SUBDIVISION CTrade of Fresh Fruits or Vegetables

Marginal note:Prohibition

• 122 (1) It is prohibited for a person to

  • (a) sell any fresh fruits or vegetables that are to be exported or sent or conveyed from one province to another;

  • (b) purchase or negotiate the purchase on another person’s behalf of any fresh fruits or vegetables that are to be imported or sent or conveyed from one province to another;

  • (c) receive any fresh fruits or vegetables that have been imported or sent or conveyed from one province to another; or

  • (d) send or convey from one province to another or import or export any fresh fruits or vegetables.

• Marginal note:Exception — persons

  (2) Subsection (1) does not apply in respect of

  • (a) any person who is a member in good standing of the Fruit and Vegetable Dispute Resolution Corporation, a corporation incorporated under Part 2 of the Canada Not-for-profit Corporations Act, as described in its by-laws;

  • (b) any person who only sells fresh fruits or vegetables directly to consumers if that person paid less than $100,000 for the fresh fruits and vegetables that they sold to consumers within the previous 12 months;

  • (c) any person who only purchases, sells or negotiates the purchase or sale on another person’s behalf, sends or conveys from one province to another or imports or exports less than one metric ton of fresh fruits and vegetables per day;

  • (d) any person who only sells fresh fruits or vegetables that they have grown themselves; or

  • (e) a registered charity as defined in subsection 248(1) of the Income Tax Act or a club, society or association described in paragraph 149(1)(l) of that Act.

• Marginal note:Exception — nuts, wild fruit and wild vegetables

  (3) Subsection (1) does not apply in respect of nuts, wild fruit and wild vegetables.

Marginal note:Damaged or defective fresh fruits or vegetables

• 123 (1) If a claim is made that all or part of a shipment of fresh fruits or vegetables that is imported or sent or conveyed from one province to another has arrived at its destination in a damaged or defective condition, any person who has a financial interest in that shipment may make a request to the Minister for

  • (a) a written report that describes the condition of any damaged or defective fruits or vegetables at the time of the inspection; or

  • (b) a written notice of the disposition of any damaged or defective fresh fruits or vegetables that describes the amount of fresh fruit or vegetables that have been disposed of and the place and time of their disposal.

• Marginal note:Request for report or notice

  (2) The request for a report or notice referred to in subsection (1) must be made to the Minister in a form approved by the President.

• Marginal note:Inspection — accessibility

  (3) The person who makes the request for a report regarding the condition of fresh fruits or vegetables must make the fresh fruits or vegetables readily accessible to an inspector at the time of inspection.

• Marginal note:Disposition of fresh fruit or vegetable

  (4) The person who makes the request for a notice regarding the disposition of damaged or defective fresh fruits or vegetables must ensure that their disposition is witnessed by an inspector.

DIVISION 7Meat Products and Food Animals

SUBDIVISION AInterpretation

Marginal note:Definitions

124 The following definitions apply in this Division.

on-farm food safety program

on-farm food safety program means a program in respect of food animals that is operated on a farm or at a similar place and under which hazards relating to the safety of meat products that may be derived from those food animals are identified, analyzed and controlled. (programme de salubrité des aliments à la ferme)

specified risk material

specified risk material has the same meaning as in section 6.1 of the Health of Animals Regulations. (matériel à risque spécifié)

split

split means to cut a carcass lengthwise along the median line. (fendre)

veterinary inspector

veterinary inspector means a person who is designated as a veterinary inspector under subsection 13(3) of the Canadian Food Inspection Agency Act for the purposes of the Act. (inspecteur vétérinaire)

SUBDIVISION BEdible Meat Products

Marginal note:Identification of meat products as edible

• 125 (1) A licence holder may identify a meat product as edible only if

  • (a) the food animal from which the meat product is derived, or a sample from the shipment that the food animal is part of, is subjected to an ante-mortem examination under section 138;

  • (b) the food animal, other than a game animal, from which the meat product is derived, or a sample from the shipment that the food animal is part of, is subjected to an ante-mortem inspection under section 139;

  • (c) the carcass of the food animal from which the meat product is derived is dressed or partially dressed;

  • (d) the carcass, its parts and the blood of the food animal from which the meat product is derived are subjected to a post-mortem inspection under subsection 149(1) or a post-mortem examination under subsection 150(1); and

  • (e) the meat product is edible and is not contaminated, including that it does not contain any specified risk material.

• Marginal note:Certain meat products — additional requirements

  (2) Despite (1), a licence holder must not identify as edible any of the following:

  • (a) a heart — other than the heart of a domesticated rabbit or of a bird that is not an ostrich, rhea or emu — unless it is opened or inverted and has all blood clots and attached blood vessels removed;

  • (b) a liver, unless the gallbladder is removed;

  • (c) a gizzard, unless its contents and lining are removed and the gizzard is washed;

  • (d) a meat product that contains a urinary bladder, an intestine or any part of a urinary bladder or intestine, unless the bladder, intestine or part is used as a natural casing for the meat product and meets the requirements of section 126; and

  • (e) a meat product with an artificial casing, unless the casing is manufactured from a material that is free of any noxious constituent.

Marginal note:Natural casings

126 A urinary bladder, an intestine or any part of a urinary bladder or intestine may be used as a natural casing for an edible meat product if

• (a) the bladder, the intestine or the part of the bladder or intestine have been emptied of their contents and washed, and their mucous lining has been removed;

• (b) in the case of a bladder, it was inverted and placed in brine for at least 12 hours and was subsequently rinsed with water; and

• (c) the casing is clean.

SUBDIVISION CHumane Treatment

Marginal note:Avoidable death — clarification

127 For greater certainty, a reference to an avoidable death in these Regulations does not include the slaughtering of a food animal in accordance with these Regulations or the humane killing of a food animal.

Marginal note:Avoidable suffering, injury or death

128 A licence holder must handle a food animal at the establishment in a manner that does not cause it avoidable suffering, injury or death and must not subject it to any condition that may cause such suffering, injury or death.

Marginal note:Hitting

• 129 (1) A licence holder must not hit a food animal with a whip, prod or, except for the purposes of section 141, any other object.

• Marginal note:Electric prod

  (2) A licence holder must not apply an electric prod to a food animal unless

  • (a) it is done for the purpose of causing the animal to move and there is no reasonably practicable alternative to the application of the prod;

  • (b) the food animal is a pig or a bovine;

  • (c) the prod is applied to the lateral portion of the rear leg muscles between the hock joint and the hip joint;

  • (d) the food animal has sufficient space to move forward;

  • (e) the food animal’s ability to move is not compromised; and

  • (f) the prod is applied in a manner that does not cause the food animal avoidable suffering, injury or death.

Marginal note:Assessing

• 130 (1) A licence holder must assess whether a food animal is showing signs of suffering or injury on its arrival at the establishment.

• Marginal note:Monitoring

  (2) After a food animal’s arrival, the licence holder must monitor it on a regular basis, including assessing the conditions to which the food animal is subjected in the establishment that may cause avoidable suffering, injury or death.

• Marginal note:Corrective action

  (3) If the licence holder determines that conditions exist that may cause avoidable suffering, injury or death to a food animal, the licence holder must immediately take corrective action.

• Marginal note:Suffering – immediate measures

  (4) If a food animal is showing signs of suffering, the licence holder must immediately

  • (a) alleviate its suffering;

  • (b) humanely kill it; or

  • (c) slaughter it in accordance with these Regulations.

• Marginal note:Exception — game animals

  (5) This section does not apply in respect of a game animal.

Marginal note:Game animals

131 A licence holder who has direct control over a game animal must

• (a) monitor it on a regular basis, including assessing the conditions to which the game animal is subjected in the establishment that may cause avoidable suffering, injury or death;

• (b) immediately take corrective action if such conditions exist; and

• (c) if the game animal is showing signs of suffering, immediately

  • (i) alleviate its suffering,

  • (ii) humanely kill it, or

  • (iii) slaughter it in accordance with these Regulations.

Marginal note:Segregation and isolation

132 A licence holder must

• (a) segregate food animals of different species;

• (b) segregate a sick or injured food animal with other sick or injured food animals or isolate a sick or injured food animal if, because of its condition, it presents a risk to other food animals or it requires protection from other food animals; and

• (c) isolate a food animal that may cause suffering, injury or death to other food animals because of its nature, temperament, gender, weight, age or any other cause.

Marginal note:Overcrowding

133 A licence holder must provide a food animal with sufficient space to prevent the suffering of, injury to or death of the animal.

Marginal note:Ventilation

134 A licence holder must provide a food animal with sufficient ventilation to prevent the suffering of, injury to or death of the animal.

Marginal note:Handling

• 135 (1) A licence holder who handles a food animal, including by handling a crate containing a food animal, during any activity they conduct in the establishment, must

  • (a) be able to do so, by reason of the person’s competencies and qualifications for the activity, without causing avoidable suffering, injury or death to the food animal; and

  • (b) do so in a manner and under circumstances in which the equipment that is used will not cause avoidable suffering, injury or death to the food animal.

• Marginal note:Areas of establishment and equipment

  (2) A licence holder must, during any activity conducted by the licence holder, use only areas of an establishment and equipment for the handling of a food animal that are designed, constructed and maintained in such a manner that they will not cause avoidable suffering, injury or death to the food animal.

Marginal note:Water and feed

• 136 (1) A licence holder must provide a food animal — other than a food animal that is confined in a crate — that is unloaded from a conveyance at an establishment with

  • (a) water or another source of hydration as soon as it is unloaded; and

  • (b) feed, within 24 hours after it is unloaded.

• Marginal note:In crate

  (2) In the case of a food animal that is confined in a crate, the licence holder must provide the food animal with water or another source of hydration and with feed within 24 hours after it arrives at the establishment.

SUBDIVISION DRemoval and Keeping

Marginal note:Removal

• 137 (1) A licence holder must notify a veterinary inspector before a food animal is removed from an establishment.

• Marginal note:Keeping

  (2) A licence holder must notify a veterinary inspector before keeping a food animal in an establishment for more than seven days.

SUBDIVISION EAnte-mortem Examination and Inspection

Marginal note:Ante-mortem examination

• 138 (1) Within 24 hours before the slaughter of a food animal and in accordance with the document entitled Ante-mortem Examination and Presentation Procedures for Food Animals, prepared by the Agency and published on its website, as amended from time to time, a licence holder must conduct an ante-mortem examination of the food animal or of a sample from the shipment that the food animal is part of, which must include, in the case an equine or a bird other than one that is a game animal or an ostrich, a rhea or an emu, the examination of the documents referred to in subsection 165(1).

• Marginal note:Deviations

  (2) If the licence holder, in the course of the ante-mortem examination or at any other time before slaughter, suspects that the food animal shows a deviation from normal behaviour, physiology or appearance, the licence holder must hold it for an inspection by a veterinary inspector, unless otherwise authorized by a veterinary inspector.

Marginal note:Ante-mortem inspection

• 139 (1) Within 24 hours before the slaughter of a food animal other than a game animal and in accordance with the document entitled Ante-mortem Examination and Presentation Procedures for Food Animals, prepared by the Agency and published on its website, as amended from time to time, a licence holder must, for the purpose of an ante-mortem inspection, present the food animal or a sample from the shipment that the food animal is part of and, in the case an equine or a bird other than an ostrich, a rhea or an emu, the documents referred to in subsection 165(1) to a veterinary inspector or to an inspector under the supervision of a veterinary inspector.

• Marginal note:Deviations

  (2) If an inspector who is not a veterinary inspector suspects that the food animal shows a deviation from normal behaviour, physiology or appearance, the licence holder must hold it for an inspection by a veterinary inspector.

Marginal note:Condemnation

140 If a veterinary inspector, or an inspector under the supervision of a veterinary inspector, determines after an inspection that any meat product that would be derived from a food animal could not be identified as edible under section 125 and condemns the food animal, a licence holder must

• (a) identify the food animal as inedible;

• (b) segregate the food animal with other condemned food animals or isolate the food animal if, because of its condition, it presents a risk to other food animals or it requires protection from other food animals;

• (c) humanely kill the food animal; and

• (d) identify the carcass and any blood collected from the food animal as inedible.

SUBDIVISION FSlaughtering and Dressing

Marginal note:Requirement before bleeding

141 Before bleeding a food animal, other than a game animal, a licence holder must render it unconscious in a manner that prevents it from regaining consciousness before death or slaughter it by

• (a) delivering a blow to the head with a mechanical device in a manner that causes an immediate loss of consciousness;

• (b) applying an electrical current in a manner that causes an immediate loss of consciousness; or

• (c) exposing it to a gas or a gas mixture in a manner that causes a rapid loss of consciousness.

Marginal note:Requirement after bleeding starts

142 A licence holder must not cut the carcass of a food animal after bleeding has started if it shows signs of sensibility that may indicate a potential return to consciousness.

Marginal note:Requirement before suspending

• 143 (1) A licence holder must not suspend a food animal before it is rendered unconscious or slaughtered in accordance with section 141, before it is ritually slaughtered in accordance with section 144 or before it is humanely killed.

• Marginal note:Exception — certain birds

  (2) Despite subsection (1), a licence holder may suspend a bird, other than an ostrich, rhea or emu, by its legs immediately before it is rendered unconscious or slaughtered in accordance with section 141 or immediately before it is humanely killed.

Marginal note:Ritual slaughter

144 Despite section 141, a licence holder who ritually slaughters a food animal to comply with Judaic or Islamic law must

• (a) restrain the food animal;

• (b) administer one continuous, fluid cut with a knife, without the knife being lifted off the food animal, resulting in the rapid, simultaneous and complete severance of the jugular veins and carotid arteries, in a manner that causes the animal to bleed immediately; and

• (c) rapidly and completely bleed it, to render it unconscious in a manner that prevents it from regaining consciousness before death.

Marginal note:Dressing

• 145 (1) After a food animal is bled, a licence holder must dress the carcass by doing the following:

  • (a) in the case of the carcass of a pig,

    • (i) remove the hair, scurf, toenails and developed mammary glands or remove the skin, head, developed mammary glands and feet at the carpal and tarsal joints, and

    • (ii) eviscerate and split it;

  • (b) in the case of the carcass of a bird,

    • (i) remove the feathers and hair or remove the skin,

    • (ii) remove the head, uropygial gland and feet at the tarsal joints, and

    • (iii) eviscerate it;

  • (c) in the case of the carcass of a goat,

    • (i) remove the hair, head, toenails and developed mammary glands or remove the skin, head, developed mammary glands and feet at the carpal and tarsal joints, and

    • (ii) eviscerate it; and

  • (d) in the case of the carcass of any other food animal,

    • (i) remove the skin, head, developed mammary glands and feet at the carpal and tarsal joints,

    • (ii) eviscerate it, and

    • (iii) split it, except in the case of a sheep, calf or domesticated rabbit.

• Marginal note:Partial dressing

  (2) Despite subsection (1) and at the request of the licence holder, the Minister must authorize the licence holder to partially dress a carcass if

  • (a) the licence holder establishes that there is a market for partially dressed carcasses; and

  • (b) the licence holder’s procedure for partial dressing is such that the carcass is sufficiently dressed to enable a post-mortem examination or inspection.

Marginal note:Blood clots, bone splinters and extraneous matter

146 A licence holder must remove any blood clot, bone splinter and extraneous matter from the carcass of a food animal and the parts of the carcass, and must identify what was removed as inedible.

Marginal note:Processing of blood

147 A licence holder must process a food animal’s blood in the inedible products area described in subsection 58(2) unless the licence holder

• (a) collects it in a manner that prevents contamination;

• (b) protects it against contamination after it is collected; and

• (c) does not defibrinate it by hand.

Marginal note:Identification and correlation

148 A licence holder must identify the blood of a food animal that is collected to be processed as an edible meat product and the parts of the carcass of the food animal in a manner that enables the correlation of the blood and the parts with the carcass from which they were removed until the completion of the post-mortem inspection or examination.

SUBDIVISION GPost-mortem Inspection and Examination

Marginal note:Post-mortem inspection

• 149 (1) A licence holder must, during the course of dressing or partially dressing a carcass, present the carcass, its parts, and any blood of the food animal that is collected to be processed as an edible meat product to a veterinary inspector, or an inspector under the supervision of a veterinary inspector, for a post-mortem inspection.

• Marginal note:Deviations

  (2) A licence holder, other than a licence holder who is authorized to conduct a post-mortem defect management program, must not, before the post-mortem inspection is completed, remove from the carcass any part that shows a deviation from normal appearance unless authorized to do so by a veterinary inspector.

• Marginal note:Deviations — post-mortem defect management program

  (3) In the case of a licence holder who is authorized to conduct a post-mortem defect management program, the licence holder must not, before the post-mortem inspection begins, remove from the carcass any part that shows a deviation from normal appearance unless authorized to do so by a veterinary inspector.

• Marginal note:Exception — post-mortem examination program

  (4) This section does not apply to a licence holder who is authorized to conduct a post-mortem examination program under subsection 160(3).

Marginal note:Post-mortem examination

• 150 (1) During the course of dressing or partially dressing a carcass, a licence holder who is authorized to conduct a post-mortem examination program under subsection 160(3) must, under the supervision of a veterinary inspector, conduct a post-mortem examination of the carcass, its parts and the blood of the food animal that has been collected to be processed as an edible meat product.

• Marginal note:Post-mortem defect management program

  (2) During the course of dressing or partially dressing a carcass, a licence holder who is authorized to conduct a post-mortem defect management program under subsection 160(3) must, under the supervision of a veterinary inspector, do the following:

  • (a) before the post-mortem inspection begins, conduct a post-mortem screening of the carcass, its parts and the blood of the food animal that has been collected to be processed as an edible meat product; and

  • (b) before the post-mortem inspection of the carcass is completed, implement the necessary measures with respect to any defects of the carcass or its parts.

Marginal note:Inspection legend applied before refrigeration

151 In the case of an edible dressed or partially dressed whole carcass or an edible dressed carcass side, other than a carcass or carcass side of a domesticated rabbit or a bird that is not an ostrich, rhea or emu, the inspection legend must be applied after the post-mortem inspection or examination and before refrigeration

• (a) by stamping it directly onto the carcass or carcass side; or

• (b) by applying a label to the carcass or carcass side that is shown prominently and that bears the inspection legend, the date of slaughter of the food animal from which the carcass or carcass side is derived and a code that enables the carcass or carcass side to be correlated with the slaughter of the food animal.

SUBDIVISION HInedible Meat Products

Marginal note:Condemnation

152 If a veterinary inspector, or an inspector under the supervision of a veterinary inspector, determines after a post-mortem inspection that any meat product that would be derived from a carcass, any of its parts or the blood of the food animal could not be identified as edible under section 125 and condemns the carcass, its parts or the blood of the food animal, a licence holder must identify any meat product that is derived from the condemned carcass, parts or blood as inedible.

Marginal note:Identification

153 A licence holder must identify as inedible

• (a) the carcass, any of its parts or the blood of a food animal that is rejected by the licence holder who is authorized to conduct a post-mortem examination program or a post-mortem defect management program under subsection 160(3); and

• (b) the carcass of a food animal that dies other than by slaughter in accordance with these Regulations.

Marginal note:Meat products treated as inedible

• 154 (1) A licence holder may treat as inedible any meat product that

  • (a) does not have its movement restricted by an inspector; or

  • (b) has its movement restricted by an inspector if the licence holder obtains an inspector’s authorization to move the meat product to the inedible products area described in subsection 58(2).

• Marginal note:Identification

  (2) The licence holder must identify as inedible any meat product that the licence holder treats as inedible.

Marginal note:Inedible products area

• 155 (1) When a meat product is condemned or identified as inedible, a licence holder must move it directly to the inedible products area described in subsection 58(2).

• Marginal note:Labelling and disposal

  (2) The licence holder must take one of the following measures in respect of a meat product that is moved to the inedible products area:

  • (a) apply or attach a label to it that indicates its intended use and bears the expression “Not for Use as Human Food” or “ne peut servir à l’alimentation humaine”; or

  • (b) dispose of it in accordance with section 66.

• Marginal note:Specified risk material

  (3) Despite subsection (2), the licence holder must keep a meat product that is a specified risk material, contains a specified risk material or is derived from a specified risk material in a separate area of the inedible products area and must handle and destroy it in accordance with Part I.1 of the Health of Animals Regulations.

SUBDIVISION ITreatment

Marginal note:Contaminated meat product

156 A licence holder must take one of the following measures in respect of a contaminated meat product:

• (a) subject it to a treatment or process that eliminates the contamination; or

• (b) identify it as inedible.

Marginal note:Trichinella spp. — pork

157 A licence holder may identify as edible a meat product that is derived from a pig and that does not require further preparation before consumption, other than washing or thawing or exposing it to sufficient heat to warm it without cooking it, only if the conditions for identifying the meat product as edible under section 125 are met and

• (a) the pork is subjected to a treatment or process that inactivates Trichinella spp. viable larvae;

• (b) the pork is derived from a carcass that tests negative for the detection of Trichinella spp. larvae using a method that is shown by evidence to be effective; or

• (c) the pig originates from a farm that operates an on-farm food safety program under which the risk of Trichinella spp. infection is negligible.

Marginal note:Trichinella spp. — equine

158 A licence holder may identify as edible a meat product that is derived from an equine only if the conditions for identifying the meat product as edible under section 125 are met and the equine’s carcass tests negative for the detection of Trichinella spp. larvae using a method that is shown by evidence to be effective.

Marginal note:Bovine cysticercosis

159 A licence holder may identify as edible a meat product that is derived from a bovine whose carcass is affected by or shows evidence of bovine cysticercosis only if the conditions for identifying the meat product as edible under section 125 are met and the licence holder has

• (a) removed the parts of the carcass that are affected and identified them as inedible; and

• (b) subjected the remaining parts to a treatment or process that inactivates bovine cysticercosis viable larvae.

SUBDIVISION JPost-mortem Programs

Marginal note:Application for an authorization

• 160 (1) The holder of a licence to slaughter may apply in writing to the Minister for an authorization to conduct

  • (a) a post-mortem examination program concerning a food animal referred to in the document entitled Fundamentals of the Post-mortem Examination Program, prepared by the Agency and published on its website, as amended from time to time; or

  • (b) a post-mortem defect management program concerning a food animal referred to in the document entitled Fundamentals of the Post-mortem Defect Management Program prepared by the Agency and published on its website, as amended from time to time.

• Marginal note:Contents of application

  (2) The application must include

  • (a) the licence holder’s licence number and the address of the establishment where the program will be conducted; and

  • (b) a copy of the licence holder’s preventive control plan that meets the requirements of section 89.

• Marginal note:Authorization

  (3) The Minister must authorize the licence holder to conduct a post-mortem examination program or a post-mortem defect management program if

  • (a) the preventive control plan that is included in the licence holder’s application meets the requirements of section 89; and

  • (b) the Minister is of the opinion, based on the information that was made available to him or her, that the licence holder is able to conduct the program in compliance with these Regulations.

Marginal note:Grounds for suspension

161 The Minister may suspend a licence holder’s authorization to conduct a post-mortem examination program or a post-mortem defect management program if

• (a) the licence holder does not comply with their post-mortem examination program or post-mortem defect management program;

• (b) the licence holder does not comply with any provision of the Act or of these Regulations; or

• (c) the Minister is of the opinion that a risk of injury to human health may result if the licence holder continues to conduct the program.

Marginal note:Suspension

• 162 (1) The Minister must not suspend a licence holder’s authorization to conduct a post-mortem examination program or a post-mortem defect management program unless the licence holder

  • (a) was provided with an inspection report that sets out the grounds for the suspension and the period within which corrective action must be taken in order to avoid the suspension; and

  • (b) failed to take corrective action within that period.

• Marginal note:Written notice

  (2) The Minister must notify the licence holder in writing of the suspension and the date on which it takes effect.

Marginal note:Risk of injury to human health

• 163 (1) Despite section 162, if the Minister is of the opinion that a risk of injury to human health may result if the licence holder continues to conduct the post-mortem examination program or post-mortem defect management program, the Minister may suspend the authorization immediately after the licence holder is provided with an inspection report that sets out the grounds for the suspension.

• Marginal note:Written notice

  (2) The Minister must notify the licence holder in writing that their authorization is suspended and that the suspension takes effect immediately.

Marginal note:Suspension — duration

164 The suspension of an authorization to conduct a post-mortem examination program or post-mortem defect management program must be lifted if the Minister determines that corrective action has been taken.

SUBDIVISION KFood Animal Information Documents and Document Keeping

Marginal note:Required documents

• 165 (1) Before slaughtering a food animal that is an equine or a bird, the holder of a licence to slaughter must obtain, from the person who owned or had the possession, care or control of the food animal before its arrival at the establishment where it is intended to be slaughtered, documents that include the following information:

  • (a) the name and contact information of the person who owned it and any person who had the possession, care or control of it immediately before its arrival at the establishment;

  • (b) the last location where it was raised or kept before its arrival at the establishment, including the address of the location, its code or the number that identifies it;

  • (c) the food animal’s identification number or any other information that identifies it;

  • (d) the name of any on-farm food safety program under which the food animal was raised or kept;

  • (e) in the case of a bird,

    • (i) the time at which the first bird of the lot of birds was placed into a crate,

    • (ii) the time at which the bird was last provided with access to a source of hydration before being loaded, and

    • (iii) the time at which the bird was last provided with access to feed before being loaded;

  • (f) a description of any physical or chemical hazard to which the food animal may have been exposed that could cause any meat product that is derived from the food animal to be contaminated;

  • (g) in respect of the last 120 days of the life of a bird that has been used for breeding or egg production or in respect of the entire life of any other bird,

    • (i) the mortality rate for the flock from which the bird originates,

    • (ii) the name of any disease or syndrome that was diagnosed in the flock from which the bird originates and the date on which the flock recovered from the disease or syndrome,

    • (iii) the names of any drugs administered to treat a disease or syndrome or administered as an extra-label use and of any vaccines that were administered to the bird, as well as

      • (A) their route of administration,

      • (B) the first and last date of their administration,

      • (C) the dosage that was administered, and

      • (D) the withdrawal period or, in the case of an extra-label drug administration, a copy of the prescription that was issued by a veterinarian and an attestation by a competent person or body with respect to the withdrawal period for that administration, and

    • (iv) the name of any drug that has been administered in the last 14 days that requires a withdrawal period; and

  • (h) in respect of the last 180 days of the life of an equine,

    • (i) the name of any disease or syndrome that was diagnosed or a description of any deviation from normal behaviour, physiology or appearance,

    • (ii) the names of any drugs and vaccines that were administered to the equine, as well as

      • (A) their Drug Identification Numbers, if any,

      • (B) their route of administration,

      • (C) the last date of their administration,

      • (D) the dosage that was administered, and

      • (E) the withdrawal period or, in the case of an extra-label drug administration, a copy of the prescription that was issued by a veterinarian and an attestation by a competent person or body with respect to the withdrawal period for that administration, and

    • (iii) the use of the equine.

• Marginal note:Exception — equines and birds

  (2) Despite subsection (1) and subsections 138(1) and 139(1), the licence holder may slaughter the equine or bird without having first obtained the documents referred to in subsection (1) if they notify an inspector before slaughtering the equine or bird and if, subsequent to the slaughter, the meat product that is derived from the equine or bird

  • (a) is held by the licence holder until they have obtained those documents, examined them and presented them to a veterinary inspector or to an inspector under the supervision of a veterinary inspector; or

  • (b) is identified as inedible.

• Marginal note:Exception — game animal, ostrich, rhea and emu

  (3) Subsection (1) does not apply in respect of a game animal or an ostrich, rhea or emu.

• Marginal note:Retention period of documents

  (4) The documents referred to in subsection (1) must be kept for one year after the day on which the food animal arrives at the establishment.

Marginal note:Document keeping

• 166 (1) The holder of a licence to slaughter must prepare and keep documents that set out the following:

  • (a) in the case of a food animal that is slaughtered, the date and time that it was slaughtered and the findings of the ante-mortem examination and, if the licence holder is authorized to conduct a post-mortem examination program or a post-mortem defect management program, the findings of the post-mortem examination or the post-mortem screening and the reason for any condemnation or rejection;

  • (b) in the case of a food animal that is found dead at the time of its arrival at the establishment or that dies in the establishment other than by slaughter in accordance with these Regulations,

    • (i) the date and time that the food animal was found dead or was humanely killed,

    • (ii) its identification number or any other information that identifies it, and

    • (iii) the details of its disposal; and

  • (c) with respect to the food animals referred to in paragraph (b), the total number per day.

• Marginal note:Retention period of documents

  (2) The documents referred to in subsection (1) must be kept for one year after the day on which the food animal arrives at the establishment.

SUBDIVISION LImport and Export

Marginal note:Import

167 The holder of a licence to import may import an edible meat product only if

• (a) the foreign state in which the meat product is manufactured, prepared, stored, packaged or labelled, as the case may be, has, at the time the activity is conducted, an inspection system for meat products that is recognized under Part 7;

• (b) the foreign state from which the meat product is imported has, at the time of the import, an inspection system for meat products that is recognized under Part 7;

• (c) the establishment where the food animal from which the meat product is derived was slaughtered, and any establishment where the meat product was manufactured, processed, treated, preserved, handled, tested, graded, coded, stored, packaged or labelled, have, at the time that the activity is conducted and at the time of the import, a system for manufacturing, processing, treating, preserving, handling, testing, grading, coding, slaughtering, storing, packaging or labelling, as the case may be, that is recognized under Part 7; and

• (d) the licence holder provides an inspector with an official document issued by the foreign state, in a form approved by the President, that states that the meat product meets the requirements that are set out in the Act and these Regulations.

Marginal note:Export

• 168 (1) A licence holder may export an edible meat product only if

  • (a) the licence holder provides an inspector with a document that substantiates that the requirements of the foreign state to which it is intended to be exported are met in respect of that meat product; and

  • (b) a certificate or other document is issued under section 48 of the Act in respect of that meat product.

• Marginal note:Exception — removal notice

  (2) Subsection (1) does not apply in respect of a meat product that is subject to a notice ordering its removal from Canada under subsection 32(1) of the Act.

PART 7Recognition of Foreign Systems

Marginal note:Exception — shellfish

169 This Part does not apply in respect of the adductor muscles of scallops and the meat of geoducks.

Marginal note:Application for recognition of inspection system

• 170 (1) A foreign state may make an application to the Minister in writing for the recognition of its inspection system for meat products or live or raw shellfish.

• Marginal note:Contents of application

  (2) The application must include the following information:

  • (a) in the case of an inspection system for meat products,

    • (i) an indication of the species of birds or mammals and a description of the meat products to which the system applies, and

    • (ii) the approximate number of establishments where the manufacturing, preparing, storing, packaging or labelling of meat products that are intended to be exported to Canada would be conducted and an indication of the activities that would be conducted in those establishments;

  • (b) in the case of an inspection system for live or raw shellfish, an indication of the species and the growing and harvesting areas to which the system applies;

  • (c) the volume of meat products or live or raw shellfish to which the system applies that is anticipated to be exported to Canada per year; and

  • (d) the items set out in paragraph (3)(a) or (b), as the case may be; and

  • (e) the name, title and signature of the authorized representative of the foreign state who makes the application.

• Marginal note:Recognition by Minister

  (3) The Minister must recognize the inspection system in respect of which the application is made if the system provides at least the same level of protection as that provided by the provisions of the Act and these Regulations, taking into account the following:

  • (a) in the case of an inspection system for meat products,

    • (i) any applicable legislative framework, controls and procedures,

    • (ii) the organizational structure of the authority that is responsible for the system,

    • (iii) the implementation of the system,

    • (iv) the resources that support the objectives of the system,

    • (v) the humane treatment of the food animals that are intended to be slaughtered,

    • (vi) the chemical residue monitoring and microbiological monitoring of the meat products,

    • (vii) the certification process for the export of the meat products, and

    • (viii) any other relevant information; and

  • (b) in the case of an inspection system for live or raw shellfish,

    • (i) any applicable legislative framework, controls and procedures,

    • (ii) the organizational structure of the authority that is responsible for the system,

    • (iii) the implementation of the system,

    • (iv) the resources that support the objectives of the system,

    • (v) the chemical and microbiological monitoring of the shellfish, including monitoring for biotoxins,

    • (vi) the monitoring of the waters in the growing and harvesting areas to assess their suitability for their intended purpose, and

    • (vii) any other relevant information.

Marginal note:Application for recognition of system

• 171 (1) If a foreign state’s inspection system for meat products is recognized, the foreign state may make an application to the Minister in writing for the recognition of the system of manufacturing, processing, treating, preserving, handling, testing, grading, coding, slaughtering, storing, packaging or labelling that is used in an establishment and that is subject to that inspection system.

• Marginal note:Contents of application

  (2) The application must include the following information:

  • (a) the name of the person who conducts any relevant activities and the establishment’s address;

  • (b) the establishment’s registration number, or another identification number for the establishment, that is provided by the foreign state;

  • (c) a statement that identifies the system in respect of which the application is made;

  • (d) a declaration by the authorized representative of the foreign state who makes the application that states that the system in respect of which the application is made is subject to the foreign state’s recognized inspection system and meets the requirements of that inspection system that apply to the conduct of those activities in respect of meat products that are intended to be exported to Canada; and

  • (e) the name, title and signature of the authorized representative of the foreign state who makes the application.

• Marginal note:Recognition by Minister

  (3) The Minister must recognize a system of manufacturing, processing, treating, preserving, handling, testing, grading, coding, slaughtering, storing, packaging or labelling in respect of which an application is made if

  • (a) the foreign state’s inspection system for the relevant meat products is recognized under subsection 170(3); and

  • (b) the system of manufacturing, processing, treating, preserving, handling, testing, grading, coding, slaughtering, storing, packaging or labelling is subject to the inspection system referred to in paragraph (a) and meets the requirements of that inspection system that apply to those activities in respect of meat products that are intended to be exported to Canada.

Marginal note:Suspension of recognition — inspection system

• 172 (1) The Minister must suspend the recognition of a foreign state’s inspection system that is referred to in section 170 if

  • (a) the foreign state fails to notify the Minister in writing, as soon as feasible, of any changes that it has made to the system or to the legislation governing the system; or

  • (b) the system no longer provides at least the same level of protection as that provided by the provisions of the Act and these Regulations.

• Marginal note:Suspension of recognition — system used in establishment

  (2) The Minister must suspend the recognition of a system of manufacturing, processing, treating, preserving, handling, testing, grading, coding, slaughtering, storing, packaging or labelling that is referred to in section 171 if

  • (a) the system no longer meets the foreign state’s requirements that apply to those activities;

  • (b) a shipment of meat products that have been manufactured, processed, treated, preserved, handled, tested, graded, coded, stored, packaged or labelled using the system is determined to contravene a provision of the Act, these Regulations, the Food and Drugs Act or the Food and Drug Regulations, and

    • (i) during the six-month period immediately prior to that shipment, there have been two other shipments of meat products that have been manufactured, processed, treated, preserved, handled, tested, graded, coded, stored, packaged or labelled using the system in respect of which such a determination of non-compliance has been made, or

    • (ii) among the four most recent shipments, prior to that shipment, of meat products that have been manufactured, processed, treated, preserved, handled, tested, graded, coded, stored, packaged or labelled using the system, two shipments have been determined to be non-compliant;

  • (c) the system is no longer subject to the foreign state’s inspection system; or

  • (d) the recognition of the foreign state’s inspection system to which the system is subject has been suspended.

• Marginal note:Notice

  (3) The Minister must notify the foreign state in writing of the suspension under subsection (1) or (2), the grounds for the suspension and the date on which it takes effect.

• Marginal note:Effective date

  (4) The suspension takes effect on the day on which the notice is issued.

• Marginal note:Reinstatement of recognition

  (5) The Minister must notify the foreign state in writing that the recognition is no longer suspended if

  • (a) in the case of a suspension under subsection (1) or under paragraph (2)(a), (c) or (d), the circumstances that gave rise to a suspension have been remedied; or

  • (b) in the case of a suspension under paragraph (2)(b), the establishment has taken corrective action.

Marginal note:Cancellation of recognition — inspection system

• 173 (1) The Minister must cancel the recognition of a foreign state’s inspection system referred to in section 170 if

  • (a) no meat products or live or raw shellfish to which the system applies have been exported to Canada from the foreign state in the previous five years;

  • (b) the circumstances that gave rise to a suspension have not been remedied within 12 months after the day on which the recognition was suspended; or

  • (c) the foreign state requests the cancellation in writing.

• Marginal note:Cancellation of recognition — system used in establishment

  (2) The Minister must cancel the recognition of a system of manufacturing, processing, treating, preserving, handling, testing, grading, coding, slaughtering, storing, packaging or labelling referred to in section 171 if

  • (a) the recognition of the inspection system to which it is subject has been cancelled;

  • (b) no meat products that were manufactured, processed, treated, preserved, handled, tested, graded, coded, stored, packaged or labelled using the system have been exported to Canada from the foreign state in the previous five years;

  • (c) circumstances that gave rise to a suspension have not been remedied within 12 months after the day on which the recognition was suspended; or

  • (d) the foreign state in which the establishment is located requests the cancellation in writing.

• Marginal note:Notice

  (3) The Minister must notify the foreign state in writing of the cancellation under subsection (1) or (2), the grounds for the cancellation and the date on which it takes effect.

• Marginal note:Effective date

  (4) The cancellation takes effect on the day on which the notice is issued.

PART 8Ministerial Exemptions

Marginal note:Application for exemption — test marketing or shortage in supply

• 174 (1) Any person may apply, in a form approved by the President, for an exemption from the application of a provision of the Act or these Regulations for the purpose of test marketing a food or of alleviating a shortage in Canada in the available supply of a food that is manufactured, processed or produced in Canada.

• Marginal note:Exemption

  (2) The Minister may, in writing, grant the exemption if

  • (a) the information submitted in the application for the exemption is complete, truthful and not misleading;

  • (b) the food in respect of which the application for the exemption is made meets the requirements that are set out in paragraphs 8(1)(a) to (d);

  • (c) the Minister is of the opinion that no risk of injury to human health will result;

  • (d) in the case of an application for an exemption for the purpose of test marketing a food, the Minister is of the opinion that the exemption will not

    • (i) confuse or mislead the public, or

    • (ii) disrupt the normal trading patterns of the industry or the normal food pricing patterns; and

  • (e) in the case of an application for an exemption for the purpose of alleviating a shortage in Canada in the available supply of a food that is manufactured, processed or produced in Canada, the exemption is necessary to alleviate that shortage.

Marginal note:Application for exemption — inspection legend

• 175 (1) The holder of a licence to slaughter food animals and to process meat products may apply, in a form approved by the President, for an exemption from the application of section 151 in respect of a carcass or carcass side.

• Marginal note:Exemption

  (2) The Minister may, in writing, grant the exemption if

  • (a) the information submitted in the application for the exemption is complete, truthful and not misleading;

  • (b) the licence holder has established procedures

    • (i) for processing the carcass or carcass side within the establishment where the food animal was slaughtered, and

    • (ii) for identifying the carcass or carcass side to allow it to be linked with any edible meat products derived from it and for the keeping of documents to allow for this linkage;

  • (c) the Minister is of the opinion that no risk of injury to human health will result; and

  • (d) the Minister is of the opinion that no risk of harm to interprovincial trade or export will result.

• Marginal note:Conditions

  (3) The exemption granted under subsection (2) is subject to the following conditions:

  • (a) the carcass or carcass side must be processed within the establishment where the food animal was slaughtered; and

  • (b) the carcass or carcass side must be identified to allow it to be linked with any edible meat products derived from it and documents must be kept to allow for this linkage.

Marginal note:Additional conditions

176 The Minister may, at any time, make any exemption referred to in subsection 174(2) or 175(2) subject to conditions.

Marginal note:Period of validity

177 An exemption referred to in subsection 174(2) or 175(2) is valid until the expiry date that is specified in the exemption or, if no date is specified, until the end of the period that is two years after the day on which the exemption is granted.

Marginal note:Cancellation

178 The Minister may cancel an exemption if

• (a) the Minister is of the opinion that to not cancel the exemption may result in a risk of injury to human health;

• (b) in the case of an exemption referred to in subsection 175(2), the Minister is of the opinion that to not cancel the exemption may result in a risk of harm to interprovincial trade or export; or

• (c) the person who has been granted the exemption does not comply with any condition to which the exemption is subject or any provision of the Act or these Regulations other than a provision in respect of which the exemption is granted.

PART 9Inspection Legends

Marginal note:Definition of inspection mark in Act

179 The inspection legends that are set out in Figures 1 and 2 of Schedule 2 are prescribed for the purposes of the definition inspection mark in section 2 of the Act.

Marginal note:Edible meat products — Figure 1 of Schedule 2

• 180 (1) A licence holder or an inspector is authorized to apply the inspection legend that is set out in Figure 1 of Schedule 2 to, and use it in connection with, an edible meat product, whether prepackaged or not, if the following conditions are met:

  • (a) the meat product was manufactured, processed, treated, preserved, packaged or labelled by the licence holder in accordance with the provisions of the Act and these Regulations;

  • (b) in the case where any meat product that it contains was manufactured, processed, treated, preserved, packaged or labelled in Canada, that activity was conducted by a licence holder in accordance with the provisions of the Act and these Regulations;

  • (c) in the case where the meat product is a livestock carcass or poultry carcass that was graded in Canada, or is derived from such a carcass, that activity was conducted by a grader in accordance with these Regulations;

  • (d) in the case where any meat product that it contains was imported, it was imported by a licence holder in accordance with the provisions of the Act and these Regulations;

  • (e) in the case where the meat product, or any meat product that it contains, is derived from food animals that were slaughtered in Canada, the food animals were slaughtered by a licence holder in accordance with the provisions of the Act and these Regulations;

  • (f) the meat product complies with the standards that are set out in Volume 7 of the Standards of Identity Document and meets the requirements that are set out in paragraphs 8(1)(a) to (d) and in Division 7 of Part 6; and

  • (g) the inspection legend is applied or used in an establishment that is identified in the licence holder’s licence, unless the meat product is intended to be exported and the inspection legend is applied to the conveyance or used in connection with the conveyance in which the meat product is exported.

• Marginal note:Edible meat products — Figure 2 of Schedule 2

  (2) A licence holder or an inspector is authorized to apply the inspection legend that is set out in Figure 2 of Schedule 2 to, and use it in connection with, an edible prepackaged meat product if the conditions set out in subsection (1) are met and the container of the meat product

  • (a) is a hermetically sealed package that is labelled in a legible and permanent manner so as to make it possible to identify the establishment that is identified in the licence holder’s licence;

  • (b) is a casing or bag that is closed by a clip, if the number identifying the licence holder’s establishment is legibly engraved on the clip and is visible when the clip is closed; or

  • (c) bears the number identifying the licence holder’s establishment on the label except if it is shown on any part of the label that is applied or attached to the bottom of the container.

• Marginal note:Exception — export under section 16

  (3) In the case of the export of a meat product under subsection 16(1), the requirements of subsections (1) and (2) must be met except any requirement that is set out in paragraph (1)(f) in the case where it is the unmet requirement referred to in subsection 16(1).

• Marginal note:Exception — dressed beef carcass side

  (4) Despite paragraph (1)(f), a licence holder is authorized to apply, after the post-mortem inspection or examination and before refrigeration, in the manner set out in paragraph 151(a) or (b), the inspection legend set out in Figure 1 of Schedule 2 to a dressed beef carcass side containing dorsal root ganglia if the carcass side has been clearly marked to identify it as containing dorsal root ganglia. The dorsal root ganglia must be removed from the carcass side before any meat product derived from it is identified as edible.

Marginal note:Processed egg products

181 A licence holder or an inspector is authorized to apply the inspection legend that is set out in Figure 1 of Schedule 2 to, and use it in connection with, a prepackaged processed egg product if the following conditions are met:

• (a) the processed egg product was manufactured, processed, treated, preserved, packaged or labelled by the licence holder in accordance with the provisions of the Act and these Regulations;

• (b) if the processed egg product or any processed egg product that it contains was manufactured, processed, treated, preserved, packaged or labelled in Canada, that activity was conducted by a licence holder in accordance with the provisions of the Act and these Regulations;

• (c) if the eggs from which the processed egg product is derived were processed, treated, preserved, graded, packaged or labelled in Canada, that activity was conducted by a licence holder in accordance with the provisions of the Act and these Regulations;

• (d) the processed egg product complies with the standards that are set out in Volume 2 of the Standards of Identity Document and meets the requirements that are set out in paragraphs 8(1)(a) to (d) and in Division 4 of Part 6; and

• (e) the inspection legend is applied or used in an establishment that is identified in the licence holder’s licence.

Marginal note:Fish

182 A licence holder or an inspector is authorized to apply the inspection legend that is set out in Figure 1 or 2 of Schedule 2 to, and use it in connection with, prepackaged fish if the following conditions are met:

• (a) the fish was manufactured, processed, treated or preserved by the licence holder in accordance with the provisions of the Act and these Regulations;

• (b) if the fish or any fish that it contains was manufactured, processed, treated, preserved, graded, packaged or labelled in Canada, that activity was conducted by a licence holder in accordance with the provisions of the Act and these Regulations; and

• (c) the fish complies with the standards that are set out in Volume 3 of the Standards of Identity Document and meets the requirements that are set out in paragraphs 8(1)(a) to (d) and in Division 5 of Part 6.

Marginal note:Number identifying establishment

183 A licence holder or an inspector who applies or uses the inspection legend that is set out in Figure 1 of Schedule 2 must replace the numbers “00” with the number identifying the licence holder’s establishment.

Marginal note:Authorized use

• 184 (1) The following persons are authorized to use the inspection legends that are set out in Figures 1 and 2 of Schedule 2:

  • (a) printers of labels, other than printers of official export labels, and manufacturers of packages, if the labels and packages that bear the inspection legend are provided to any person who is authorized under any of sections 180 to 182 to apply and use the inspection legend;

  • (b) printers of official export labels, if the labels that bear the inspection legend are provided to an inspector;

  • (c) publishers of documents on the subject of the inspection of meat products, processed egg products or fish;

  • (d) publishers of documents that advertise meat products, processed egg products or fish; and

  • (e) manufacturers of stamps, if the stamps that bear the inspection legend are provided to any person who is authorized under any of sections 180 to 182 to apply and use the inspection legend.

• Marginal note:Advertising and sale

  (2) Any person who is authorized under subsection (1) to use an inspection legend is also authorized to advertise the labels, packages, documents and stamps, as the case may be, which bear the inspection legend and to sell them.

Marginal note:Advertising and sale of certain foods

185 Any person is authorized to advertise and sell a meat product, prepackaged processed egg product or prepackaged fish to which an inspection legend has been applied or in connection with which an inspection legend is used, if the inspection legend was applied or is used in accordance with these Regulations. This includes using an inspection legend set out in Figures 1 and 2 of Schedule 2 for advertising the meat product, prepackaged processed egg product or prepackaged fish.

PART 10Packaging

DIVISION 1General

Marginal note:Requirements for packages

186 A prepackaged food that is sent or conveyed from one province to another or that is imported or exported must meet the following requirements:

• (a) its package

  • (i) must be suitable for its intended use and appropriate for the food,

  • (ii) must be capable of protecting the food against moisture, loss, damage, contamination and deterioration during normal handling, storing and conveying,

  • (iii) must be clean and in a sanitary condition,

  • (iv) must be of sound construction,

  • (v) must be free from odours that might affect the food,

  • (vi) must not impart any undesirable substance to the food,

  • (vii) must not have a design or mark, or be of a colour, that enhances the appearance of the food with respect to its quality or composition, and

  • (viii) must be new, in the case of

    • (A) a liner that is used in connection with a processed egg product,

    • (B) a package of a processed egg product, if the package is made of corrugated fibreboard,

    • (C) an egg carton of eggs that are graded in accordance with these Regulations, and

    • (D) a tray of eggs that are graded Canada A or Canada B that is made of molded pulp;

• (b) in the case of a processed egg product, its package must, if it has previously been used and is not constructed of corrosion-resistant material, be lined with a sanitary plastic or equivalent liner;

• (c) in the case of eggs that are graded in accordance with these Regulations, its package must, if it is a plastic tray that has previously been used, be sanitized and dry before reuse; and

• (d) in the case of eggs that are graded Canada A or Canada B, its package must not have previously been used to package ungraded eggs or eggs that are graded Canada Nest Run.

DIVISION 2Standard Container Sizes

Marginal note:Application

187 The requirements of this Division apply in respect of any food that is sent or conveyed from one province to another, imported, or, except if it is set out in column 1 of Table 1 of Schedule 3 or in column 1 of items 5 to 10 of Table 2 of that Schedule, exported.

Marginal note:Table 1 of Schedule 3 — weight or volume requirements

• 188 (1) The container of a consumer prepackaged food that is set out in column 1 of Table 1 of Schedule 3 must be of a size that corresponds to a net quantity by weight or by volume that is set out in column 2 or 3.

• Marginal note:Exception

  (2) Subsection (1) does not apply in respect of a consumer prepackaged food that is

  • (a) manufactured, prepared, produced, packaged or labelled for use by commercial or industrial enterprises or institutions without being sold by them as consumer prepackaged foods;

  • (b) manufactured, prepared, produced, packaged or labelled only for sale to or by a duty free shop; or

  • (c) distributed to one or more persons for no consideration.

Marginal note:Table 2 of Schedule 3 — weight requirements

• 189 (1) Subject to subsections (3) and (4) and section 192, the container of a consumer prepackaged food that is set out in column 1 of Table 2 of Schedule 3 must be of a size that corresponds to a net quantity by weight that is set out in column 2.

• Marginal note:Table 3 of Schedule 3 — weight requirements

  (2) Subject to section 192, the container of a prepackaged food that is set out in column 1 of Table 3 of Schedule 3 must be of a size that corresponds to a net quantity by weight that is set out in column 2.

• Marginal note:Exception

  (3) Subsection (1) does not apply in respect of a consumer prepackaged food that is set out in column 1 of items 2 to 4 of Table 2 of Schedule 3 if

  • (a) in the case of a catch-weight food, a label that bears the net weight for retail sale is applied or attached to the food;

  • (b) its container is a hermetically sealed package; or

  • (c) it has a net quantity that is greater than 1 kg.

• Marginal note:Exception — volume capacity

  (4) The container of a consumer prepackaged food that is set out in column 1 of items 5 to 10 of Table 2 of Schedule 3 may have any volume capacity that is set out in Table 7 of that Schedule, in the case of metric containers, or Table 8 of that Schedule, in the case of imperial containers.

Marginal note:Table 4 of Schedule 3 — volume and dimension requirements

190 Subject to section 192, the container of a prepackaged food that is set out in column 1 of Table 4 of Schedule 3 must be of a size that corresponds to a net quantity by volume that is set out in column 2 or 3 and must have the dimensions that are set out in column 4 or 5 for that net quantity.

Marginal note:Table 5 of Schedule 3 — volume and dimension requirements

• 191 (1) Subject to section 192, the container of a prepackaged food for which a grade is prescribed by these Regulations and that is set out in column 1 of Table 5 of Schedule 3 must, if the container is a hermetically sealed package, be of a size that corresponds to a net quantity by volume that is set out in column 2 or 3 and, if it is a metal container, it must also have the dimensions that are set out in column 4 or 5 for that net quantity.

• Marginal note:Table 6 of Schedule 3 — volume and dimension requirements

  (2) Subject to section 192, the container of a prepackaged food for which no grade is prescribed by these Regulations and that is set out in column 1 of Table 6 of Schedule 3 must, if the container is a hermetically sealed package, be of a size that corresponds to a net quantity by volume that is set out in column 2 or 3 and, if it is a metal container, it must also have the dimensions that are set out in column 4 or 5 for that net quantity.

Marginal note:Exception

192 The container of a prepackaged food that is set out in column 1 of items 2 to 11 of Table 3 of Schedule 3 or in column 1 of Table 4, 5 or 6 of that Schedule may be of a size that is greater than the sizes that are required by sections 189 to 191 if

• (a) the container holds a net quantity of food that is

  • (i) not more than 20 kg, in the case of a food that is packaged by weight, or

  • (ii) not more than 20 L, in the case of a food that is packaged by volume; and

• (b) the declared net quantity of food that is shown on the label is a whole number multiple of

  • (i) 500 g, in the case of a food that is packaged by weight, or

  • (ii) 500 mL, in the case of a food that is packaged by volume.

Marginal note:Certain prepackaged fresh fruits or vegetables

• 193 (1) The container of prepackaged fresh fruits or vegetables, other than consumer prepackaged fresh fruits or vegetables that are set out in column 1 of items 5 to 10 of Table 2 of Schedule 3, for which a grade is prescribed by these Regulations must have a capacity that is not greater than

  • (a) 200 kg net weight, in the case of apples, pears, peaches and apricots; and

  • (b) 50 kg net weight, in the case of any other fresh fruits or vegetables.

• Marginal note:Exception

  (2) Subsection (1) does not apply in respect of fresh fruits or vegetables that are exported.

DIVISION 3Standards of Fill for Processed Fruit or Vegetable Products

Marginal note:Application

194 The requirements of this Division apply in respect of any foods that are sent or conveyed from one province to another, imported or exported.

Marginal note:Frozen processed fruit or vegetable products

195 At least 90% of the volume capacity of the package of a frozen processed fruit or vegetable product must be filled with the product.

Marginal note:Non-frozen processed fruit or vegetable products

196 The package of a processed fruit or vegetable product that is not frozen

• (a) must be filled with as much of the product as its preparation allows; and

• (b) must not contain more syrup, brine, water or other liquid packaging medium than is necessary for the processing of the product.

Marginal note:Hermetically sealed packages

197 Despite section 196, a processed fruit or vegetable product that is in a hermetically sealed package must meet the requirements for minimum drained weight and average drained weight that are set out in the document entitled Minimum Drained Weights and Average Drained Weights for Processed Fruit or Vegetable Products in a Hermetically Sealed Package, prepared by the Agency and published on its website, as amended from time to time.

PART 11Labelling

DIVISION 1General

SUBDIVISION AInterpretation

Marginal note:Definitions

198 The following definitions apply in this Part.

Canadian unit

Canadian unit means a unit of measurement that is set out in Schedule II to the Weights and Measures Act. (unité canadienne)

metric unit

metric unit means a unit of measurement that is set out in Schedule I to the Weights and Measures Act. (unité métrique)

SUBDIVISION BSubsection 6(1) of Act

Marginal note:False, misleading or deceptive labelling

• 199 (1) For the purposes of subsection 6(1) of the Act, labelling a food in a manner that is false, misleading or deceptive or is likely to create an erroneous impression includes labelling a food with

  • (a) any representation in which expressions, words, figures, depictions or symbols are used, arranged or shown in a manner that may reasonably be considered to qualify the declared net quantity of a consumer prepackaged food or that is likely to deceive with respect to the net quantity of a consumer prepackaged food; or

  • (b) any expression, word, figure, depiction or symbol that may reasonably be considered to imply that a consumer prepackaged food contains any matter that it does not in fact contain or that it does not contain any matter that it does in fact contain.

• Marginal note:False, misleading or deceptive selling, importing and advertising

  (2) For the purposes of subsection 6(1) of the Act, selling, importing or advertising a food in a manner that is false, misleading or deceptive or is likely to create an erroneous impression includes selling, importing or advertising a consumer prepackaged food that is labelled in the manner set out in paragraph (1)(a) or (b).

• Marginal note:Declaration of net quantity — labelling

  (3) For the purposes of subsection 6(1) of the Act, labelling a consumer prepackaged food with a declaration of net quantity does not constitute labelling a food in a manner that is false, misleading or deceptive if

  • (a) the declaration meets any requirements under the Act; and

  • (b) the actual net quantity of the food is, subject to the tolerance provided under subsection (5), not less than its declared net quantity.

• Marginal note:Declaration of net quantity — selling, importing or advertising

  (4) For the purposes of subsection 6(1) of the Act, selling, importing or advertising a consumer prepackaged food that is labelled with a declaration of net quantity does not constitute selling, importing or advertising a food in a manner that is false, misleading or deceptive if the conditions set out in paragraphs (3)(a) and (b) are met.

• Marginal note:Tolerance — paragraph (3)(b)

  (5) For the purposes of paragraph (3)(b), the tolerance for a declared net quantity that is set out in column 1 of the applicable table in Schedule 4 is the tolerance that is set out in column 2 or 3 for that net quantity.

Marginal note:Inspection — net quantity

• 200 (1) An inspection of a lot of food, each unit of which purports to contain the same net quantity, by an inspector for the purpose of determining whether the lot meets the conditions of paragraphs 199(3)(a) and (b) must be conducted by collecting and examining a sample from the lot.

• Marginal note:Number of units collected — Schedule 5

  (2) Subject to subsection (3), if a lot contains the number of units set out in column 1 of Part 1 of Schedule 5, the inspector must collect from the lot at least the number of units set out in column 2 and the units collected constitute the sample referred to in subsection (1).

• Marginal note:Destruction of units

  (3) If, for the purpose of determining the net quantity, other than for establishing the weight of the container, it is necessary to destroy a certain number of units in the lot, an inspector must not collect a number of units intended to be destroyed that is more than 10% of the total number of units in the lot or less than one unit, and the units collected constitute the sample referred to in subsection (1).

• Marginal note:Determination of inspector

  (4) The lot from which a sample was collected and examined by an inspector does not meet the conditions of paragraphs 199(3)(a) and (b) if the inspector determines that

  • (a) the weighted average quantity of the units in the sample, as determined by the formula set out in Part 2 of Schedule 5, is less than the declared net quantity;

  • (b) the number of units in the sample that contain less than the declared net quantity by more than the prescribed tolerance set out in Schedule 4 for that quantity is equal to or greater than the number set out in column 2 of Part 4 of Schedule 5 for the sample size set out in column 1 of that Part; or

  • (c) two or more units in the sample contain less than the declared net quantity by more than twice the prescribed tolerance set out in Schedule 4 for that quantity.

• Marginal note:Liquid consumer prepackaged food

  (5) In the case of an inspection of a consumer prepackaged food that consists of a liquid, the net quantity of the food must be determined on the basis of the assumption that the liquid is at a temperature of 20°C.

• Marginal note:Frozen liquid consumer prepackaged food

  (6) In the case of an inspection of a consumer prepackaged food that consists of a frozen liquid food and that is normally sold and consumed in a frozen state, the net quantity of the food must be determined when the food is in a frozen state.

SUBDIVISION CStandards Prescribed for Food

Marginal note:Common names

201 A food, whether prepackaged or not, that is sent or conveyed from one province to another or that is imported or exported, and whose label bears a common name printed in boldface type, but not in italics, in the Standards of Identity Document must meet any standard that applies in respect of that common name.

Marginal note:Icewine

202 It is prohibited for a person to sell a consumer prepackaged food whose label bears the word or expression “icewine” or “ice wine” or “ice-wine” or “vin de glace” or any similar word or expression, or any abbreviation of, symbol for or phonetic rendering of any of those words or expressions, unless the food meets the standard set out in Volume 8 of the Standards of Identity Document.

SUBDIVISION DInformation

Marginal note:Compliance with requirements of this Part

• 203 (1) An item of information that is shown on the label of a prepackaged food must meet any requirement of this Part that applies to that item of information, even if these Regulations do not require the food to be labelled with that item of information.

• Marginal note:Application

  (2) Subsection (1) applies in respect of

  • (a) in the case of an item of information referred to in Division 2, any prepackaged food that is sold in Canada and any prepackaged food that is sent or conveyed from one province to another or that is imported; and

  • (b) in the case of an item of information referred to in these Regulations, other than in Division 2, any food that is sent or conveyed from one province to another or that is imported or exported.

• Marginal note:Application — paragraphs 218(1)(a) and (b)

  (3) In the case of an item of information referred to in paragraphs 218(1)(a) and (b), subsection (1) also applies in respect of any dairy products, eggs, processed egg products, fish, fresh fruits or vegetables, processed fruit or vegetable products, honey, maple products or meat products that are prepackaged and exported.

Marginal note:Use of word “classifié”

204 If a provision of these Regulations requires the word “classifié” to be shown on a label, the word “classé” may be used in its place.

SUBDIVISION EOfficial Languages

Marginal note:Prepackaged food

• 205 (1) Any information that is required by these Regulations to be shown on the label of a prepackaged food, other than a consumer prepackaged food, and that is not information referred to in subsection (3) must be shown on the label in at least one official language.

• Marginal note:Exception — words or expressions in quotation marks

  (2) For the purposes of subsection 48(2), paragraph 254(b), subsections 256(1) and 257(1), paragraph 286(c) and subsection 333(2), both an English word or expression that appears in quotation marks and a French word or expression that appears in quotation marks must be shown on the label of a prepackaged food except in the case where the label of that food is authorized to show information in only one official language under subsections B.01.012(2) to (10) of the Food and Drug Regulations.

• Marginal note:Exception — both official languages

  (3) The label of a prepackaged food must bear, in both official languages,

  • (a) the size designation of eggs that are graded Canada A referred to in section 316; and

  • (b) the colour class of maple syrup that is graded Canada Grade A or graded Grade A referred to in section 325.

Marginal note:Consumer prepackaged food

• 206 (1) The information that is required by these Regulations to be shown on the label of a consumer prepackaged food must be shown in both official languages, except in the case where the label of that food is authorized to show information in only one official language under subsections B.01.012(2) to (10) of the Food and Drug Regulations.

• Marginal note:Words or expressions in quotation marks

  (2) A provision of these Regulations — other than paragraphs 110(a) and 111(a) — that requires a consumer prepackaged food to be labelled with words or expressions that appear in quotation marks must be read to require both an English word or expression and a French word or expression to be shown on the label of the food, except in the case where the label of that food is authorized to show information in only one official language under subsections B.01.012(2) to (10) of the Food and Drug Regulations.

• Marginal note:Exception — only one official language

  (3) Despite subsection (1), the grade name may be shown on the label of consumer prepackaged fish in only one official language.

Marginal note:Modifications

207 For the purposes of subsections 205(2) and 206(1) and (2),

• (a) the expression “principal display panel” in subsections B.01.012(8) and (10) of the Food and Drug Regulations has the same meaning as in section 1 of these Regulations;

• (b) a reference to “these Regulations” in subsections B.01.012(2), (3), (7) and (8) of the Food and Drug Regulations must be read as a reference to “Part 11 of the Safe Food for Canadians Regulations”; and

• (c) a reference to “manufactured, processed, produced or packaged”, “manufactured, processed or packaged” or “manufactured, processed, produced or packaged for resale” in the definitions local food and specialty food in subsection B.01.012(1) of the Food and Drug Regulations and in subsection B.01.012(9) of those Regulations must be read as a reference to “manufactured, processed, treated, preserved, produced or packaged”.

SUBDIVISION FLegibility and Type Size

Marginal note:Legibility

208 Any information that a label is required by these Regulations to bear must be clearly and prominently shown and readily discernible and legible to the purchaser under the customary conditions of purchase and use.

Marginal note:Upper or lower case

209 If a word or expression that appears in quotation marks in these Regulations is required to be shown on a label, it may, unless otherwise provided, be shown in upper or lower case, or both, so long as it meets the legibility and character height requirements of these Regulations.

Marginal note:Type size

• 210 (1) This section applies unless another provision of this Part specifies a character height for a particular item of information.

• Marginal note:Consumer prepackaged food

  (2) The information that a label of a consumer prepackaged food is required by this Part to bear must be shown in characters that are at least 1.6 mm in height.

• Marginal note:Exception

  (3) That information, other than the declaration of net quantity, may be shown in characters that are at least 0.8 mm in height if

  • (a) the information that a label is required by Division 2 to bear is shown on the principal display panel; and

  • (b) the area of the principal display surface is 10 cm² or less.

Marginal note:Measurement of type size

211 The height of the characters in words shown on a label must be determined by measuring

• (a) the height of an upper case letter, if the words are shown in upper case only; and

• (b) the height of the lower case letter “o”, if the words are shown in lower case or in both upper and lower case.

DIVISION 2Requirements Applicable to Prepackaged Food

SUBDIVISION AApplication of this Division

Marginal note:Sale, interprovincial trade or import

• 212 (1) The requirements of this Division apply in respect of any prepackaged food that is sold in Canada, sent or conveyed from one province to another or imported.

• Marginal note:Export

  (2) Section 217, paragraphs 218(1)(a) and (b) and section 225 also apply in respect of any dairy products, eggs, processed egg products, fish, fresh fruits or vegetables, processed fruit or vegetable products, honey, maple products or meat products that are prepackaged and exported.

Marginal note:Exception — sections 214 and 217

213 Sections 214 and 217 do not apply in respect of any prepackaged foods that are

• (a) confections that are sold individually, commonly known as one-bite confections;

• (b) fresh fruits or vegetables that are packaged in a wrapper, or a confining band, that is less than 13 mm in width; or

• (c) fresh fruits or vegetables that are packaged in a protective wrapper, or a protective bag, that is transparent and on which no information is shown other than a price, bar code, number code, environmental statement or product treatment symbol.

SUBDIVISION BSale and Advertisement

Marginal note:Sale — prepackaged food

214 It is prohibited for a person to sell a prepackaged food unless a label that meets the requirements of Divisions 1 and 2 is applied or attached to the prepackaged food in the manner set out in these Regulations.

Marginal note:Advertising — consumer prepackaged food

215 It is prohibited for a person to advertise a consumer prepackaged food unless a label is applied or attached to the food in the manner set out in Divisions 1 and 2.

Marginal note:Representations relating to net quantity

216 It is prohibited for a person, in advertising a consumer prepackaged food, to make any representation with respect to the net quantity of the food except in the manner set out in Divisions 1 and 2.

SUBDIVISION CLabel Required

Marginal note:Prepackaged food

217 A prepackaged food must have a label that meets the requirements of these Regulations applied or attached to it in the manner set out in these Regulations.

SUBDIVISION DInformation

Prepackaged Foods

Marginal note:Prepackaged foods — label

• 218 (1) Unless otherwise provided by this Part, a label that is applied or attached to a prepackaged food must bear

  • (a) the common name of the food, shown on the principal display panel;

  • (b) the name and principal place of business of the person by or for whom the food was manufactured, prepared, produced, stored, packaged or labelled, on any part of the label other than any part that is applied or attached to the bottom of the container of the food; and

  • (c) any other information that is required to be shown on the label of the prepackaged food in accordance with the requirements of the Food and Drug Regulations for any prepackaged product as defined in subsection B.01.001(1) of those Regulations.

• Marginal note:Exception — name and principal place of business

  (2) The information referred to in paragraph (1)(b) may be shown on any part of the label that is applied or attached to the bottom of the container if that information is also shown on a part of the label that is not applied or attached to the bottom of the container.

Marginal note:Exception — common name

• 219 (1) The following foods are not required to be labelled with the common name:

  • (a) prepackaged fresh fruits or vegetables that are packaged in such a manner that the fresh fruits or vegetables are visible and identifiable in the container; and

  • (b) consumer prepackaged fresh apples that are packaged in such a manner that the name of their variety is shown on any part of the label, except if that name is shown on any part that is applied to the bottom of the container.

• Marginal note:Definition of apple

  (2) In paragraph (1)(b), apple means a fresh apple for which a grade is prescribed by these Regulations.

Marginal note:Exception — name and principal place of business

220 Consumer prepackaged fresh fruits or vegetables that are packaged at retail in such a manner that the fresh fruits or vegetables are visible and identifiable in the container are not required to be labelled with the name and principal place of business referred to in paragraph 218(1)(b).

Consumer Prepackaged Foods

Marginal note:Consumer prepackaged food — declaration of net quantity

221 A label that is applied or attached to a consumer prepackaged food must bear on the principal display panel a declaration of net quantity of the food.

Marginal note:Place of manufacture — label or container

222 If the label that is applied or attached to a consumer prepackaged food bears any reference, direct or indirect, to the place of manufacture of the label or container, the reference to that place must be accompanied by an additional statement that indicates that the reference relates only to the place of manufacture of the label or container.

Marginal note:Name of importer

• 223 (1) If a consumer prepackaged food was wholly manufactured, processed or produced in a foreign state and the name and principal place of business of the person in Canada for whom it was manufactured, processed or produced or the person by whom it was stored, packaged or labelled in Canada is shown on its label, that information must be preceded by the expressions “Imported by” and “importé par” or “Imported for” and “importé pour”, as the case may be, unless the geographic origin of the consumer prepackaged food is shown on the label in accordance with subsection (3).

• Marginal note:Food packaged in Canada

  (2) If a food that was wholly manufactured, processed, produced in a foreign state is packaged in Canada, other than at retail, and the name and principal place of business of the person in Canada for whom the food was manufactured, processed, produced or packaged is shown on the label that is applied or attached to the resulting consumer prepackaged food, that information must be preceded by the expressions “Imported by” and “importé par” or “Imported for” and “importé pour”, as the case may be, unless the geographic origin of the food is shown on the label in accordance with subsection (3).

• Marginal note:Geographic origin

  (3) The geographic origin of a food must, subject to the requirements of any other federal or provincial law, be shown

  • (a) in close proximity to the name and principal place of business of the person by or for whom the food was manufactured, processed or produced; and

  • (b) in characters of at least the same height as those in which the information referred to in paragraph (a) is shown.

Marginal note:Flavouring ingredient

• 224 (1) If a flavouring ingredient is added to a consumer prepackaged food, the label that is applied or attached to the consumer prepackaged food must bear a statement that indicates that the flavouring ingredient is imitation, artificial or simulated if

  • (a) the ingredient is not derived from a natural substance such as meat, fish, poultry, fruits, vegetables, edible yeast, herbs, spices, bark, buds, roots, leaves or other plant material; and

  • (b) the label bears a pictorial representation that suggests the natural food flavour that corresponds to the added flavouring ingredient.

• Marginal note:Statement

  (2) The statement must be shown

  • (a) on or in close proximity to the pictorial representation, if the representation is shown on the principal display panel;

  • (b) on the principal display panel, in close proximity to the common name, if the pictorial representation is shown on a part of the label other than the principal display panel; or

  • (c) on or in close proximity to the portion of the pictorial representation shown on the principal display panel, if the representation is shown on the principal display panel and on another part of the label.

SUBDIVISION ERequirement to Apply or Attach Label

Marginal note:Prepackaged food

225 The label of a prepackaged food must be applied or attached in such a manner that the label is still applied or attached at the time it is sold.

Marginal note:Consumer prepackaged food — container

226 Subject to section 228, the label of a consumer prepackaged food that is offered for sale must be applied or attached to the container in accordance with section 227.

Marginal note:Principal display surface

• 227 (1) All or part of the label of a consumer prepackaged food must be applied to the principal display surface.

• Marginal note:Ornamental container

  (2) Despite subsection (1), in the case of a consumer prepackaged food whose container is an ornamental container, the label may be applied to the bottom of the container or attached to the container.

Marginal note:Display card

228 In the case of a consumer prepackaged food whose container is mounted on a display card, the label may be applied to the surface of the display card that is displayed or visible under customary conditions of sale or use.

SUBDIVISION FType Size — Specific Information

Marginal note:Consumer prepackaged food

• 229 (1) In the case of the label of a consumer prepackaged food, the following must be shown in characters of at least the minimum character height that is set out in column 2 of Schedule 6 for the area of a principal display surface that is set out in column 1:

  • (a) the numerical quantity in the declaration of net quantity; and

  • (b) the statement referred to in section 224 that indicates that a flavouring ingredient is imitation, artificial or simulated.

• Marginal note:Container mounted on display card — specific case

  (2) For the purposes of subsection (1), in the case of a container that is mounted on a display card, the reference to “Area of Principal Display Surface” in Schedule 6 must be read as “Total Area of the Surface of the Display Card that is Displayed or Visible under Customary Conditions of Sale or Use”, if the information is shown on a label that is applied to all or part of that surface.

• Marginal note:Consumer prepackaged wine — specific case

  (3) Despite paragraph (1)(a), in the case of consumer prepackaged wine, the numerical quantity in the declaration of net quantity may, if the net quantity is 750 mL, the container is no taller than 360 mm and the area of the principal display surface is greater than 258 cm², be shown in characters of a height less than the minimum character height that is set out in column 2 of Schedule 6, but must be shown in characters that are at least 3.3 mm in height.

SUBDIVISION GManner of Showing Declaration of Net Quantity

Legibility

Marginal note:Consumer prepackaged food

230 The declaration of net quantity that is shown on the label of a consumer prepackaged food must

• (a) be in distinct contrast to any other information or pictorial representation on the label; and

• (b) show the numerical quantity in boldface type.

Declaration by Volume, Weight or Numerical Count

Marginal note:General requirements

231 The declaration of net quantity of a consumer prepackaged food must be shown

• (a) in the case of a consumer prepackaged food that is listed in the document entitled Units of Measurement for the Net Quantity Declaration of Certain Foods, prepared by the Agency and published on its website, as amended from time to time, by volume, weight or numerical count in accordance with that document; or

• (b) in the case of a consumer prepackaged food that is not listed in the document referred to in paragraph (a),

  • (i) if the food is liquid, gas or viscous, by food volume, or, if the food is solid, by weight, or

  • (ii) if the established trade practice in respect of the food is to show its net quantity in a manner that is different than what is required by subparagraph (i), in accordance with that established trade practice.

Metric Units

Marginal note:Permitted units of measurement

232 The declaration of net quantity of a consumer prepackaged food must be shown in metric units, unless otherwise provided by these Regulations.

Marginal note:Millilitres, litres, grams and kilograms

• 233 (1) The metric units that must be shown in a declaration of net quantity of a consumer prepackaged food must be in

  • (a) millilitres, if the net volume of the food is less than 1 000 mL;

  • (b) litres, if the net volume of the food is 1 000 mL or more;

  • (c) grams, if the net weight of the food is less than 1 000 g; and

  • (d) kilograms, if the net weight of the food is 1 000 g or more.

• Marginal note:Half-litre or half-kilogram

  (2) Despite paragraphs (1)(a) and (c), 500 mL may be shown as 0.5 L and 500 g may be shown as 0.5 kg.

• Marginal note:Decimal fraction

  (3) In the case referred to in paragraph (1)(c), the net weight may be shown as a decimal fraction of a kilogram if the food is packaged from bulk at retail or is a catch-weight food that is sold by a retailer.

Marginal note:Number of digits

• 234 (1) If the declaration of net quantity of a consumer prepackaged food is shown in metric units, it must be shown in the decimal system to three figures.

• Marginal note:Net quantity below 100 g or mL

  (2) Despite subsection (1), if the net quantity is below 100 g or 100 mL, it may be shown to two figures.

• Marginal note:Zero as final decimal

  (3) Despite subsections (1) and (2), any final zero appearing to the right of the decimal point is not required to be shown.

Marginal note:Quantity less than one

235 If the declaration of net quantity of a consumer prepackaged food is shown in metric units and the quantity is less than one metric unit, the quantity must be shown

• (a) in words; or

• (b) in the decimal system, with a zero preceding the decimal point.

Metric Units and Canadian Units

Marginal note:Grouping

236 If the declaration of net quantity of a consumer prepackaged food is shown in metric units and Canadian units, those units must be grouped together, except that any symbol or pictogram that is shown in accordance with the Canada Consumer Product Safety Act or any regulations made under that Act may be shown between those units.

Marginal note:Canadian units of volume

• 237 (1) If the declaration of net quantity of a consumer prepackaged food whose volume is less than one gallon includes Canadian units, those units must be in fluid ounces, except that 20 fluid ounces may be shown as one pint, 40 fluid ounces as one quart, 60 fluid ounces as three pints, 80 fluid ounces as two quarts or as one-half gallon and 120 fluid ounces as three quarts.

• Marginal note:Oysters

  (2) Despite subsection (1), in the case of oysters that are sold in the shell, other than those in a hermetically sealed package, the declaration of net quantity must, if shown by volume, be shown in bushels or pecks.

Marginal note:Net quantity in advertisement

238 If the declaration of net quantity of a consumer prepackaged food or of a serving of the food is shown in metric units and Canadian units, the net quantity of the food or serving in an advertisement may be shown in either a metric unit or a Canadian unit.

Individually Packaged Food Sold as One Unit and Servings

Marginal note:Individually packaged food sold as one unit

239 If a consumer prepackaged food is sold as one unit but consists of two or more individually packaged foods that are labelled with the information required for a consumer prepackaged food, the declaration of net quantity of the consumer prepackaged food being sold as one unit must show

• (a) the number of individually packaged foods in each class of food, as well as the common name of the food in each class; and

• (b) the total net quantity of the individually packaged foods in each class, or the net quantity of each identical individually packaged food in each class.

Marginal note:Prohibition — representation respecting number of servings

240 It is prohibited for a person to apply or attach to any consumer prepackaged food a label that bears any representation with respect to the number of servings contained in the consumer prepackaged food unless the label bears a declaration of net quantity of each serving in accordance with section 241.

Marginal note:Servings

• 241 (1) The declaration of net quantity of a serving of a consumer prepackaged food must be shown

  • (a) in close proximity to the representation with respect to the number of servings contained in the consumer prepackaged food; and

  • (b) in characters of the same height as those in which that representation is shown.

• Marginal note:Units

  (2) The declaration of net quantity of a serving must be shown

  • (a) in accordance with the requirements of sections 231 and 233 to 237 respecting the declaration of net quantity of the food; and

  • (b) in metric units, unless otherwise provided by these Regulations.

• Marginal note:Representation — cups or tablespoons

  (3) If the representation with respect to the number of servings is made in terms of cups or tablespoons,

  • (a) one cup is equivalent to 250 mL and one tablespoon is equivalent to 15 mL; and

  • (b) the declaration of net quantity is not required to meet the requirements of paragraph (2)(b).

DIVISION 3Specific Requirements for Certain Foods

SUBDIVISION AApplication of Division

Marginal note:Interprovincial trade, import and export

242 The requirements of this Division apply in respect of any food that is sent or conveyed from one province to another, imported or exported.

SUBDIVISION BDeclaration of Net Quantity

Marginal note:Exception — consumer prepackaged food

243 The requirements relating to the declaration of net quantity that are set out in this Division do not apply in respect of a consumer prepackaged food.

Marginal note:Declaration of net quantity

244 Any declaration of net quantity that is required by this Division must be shown by volume, weight or numerical count in accordance with the document entitled Units of Measurement for the Net Quantity Declaration of Certain Foods, prepared by the Agency and published on its website, as amended from time to time.

SUBDIVISION CLocation of Information

Marginal note:Food or container

• 245 (1) A label that bears the information required by this Division in respect of a food must be applied or attached

  • (a) in the case of a prepackaged food, to its container; or

  • (b) in the case of food that is not prepackaged, to the food.

• Marginal note:Any part of label

  (2) The information may be shown on any part of the label, unless otherwise provided by this Division in respect of the food.

• Marginal note:Bottom of food or container

  (3) Despite subsection (2), if the information is shown on any part of the label that is applied or attached to the bottom of the prepackaged food or container, that information must also be shown

  • (a) on any part of the label where it is required to be shown under another provision of this Division in respect of the food; or

  • (b) if paragraph (a) does not apply, on any part of the label that is not applied or attached to the bottom of the food or container.

SUBDIVISION DDairy Products

Marginal note:Prepackaged dairy products

246 The principal display panel of a prepackaged dairy product must bear

• (a) in the case of butter, calorie-reduced butter, light butter or lite butter, dairy spread and whey butter, the following words or expressions:

  • (i) “Cultured” or “de culture”, preceding the common name in English or following the common name in French, if the dairy product has been prepared from cream to which a bacterial culture has been added,

  • (ii) “Whipped” or “fouetté”, preceding the common name in English or following the common name in French, if the dairy product has had air or inert gas uniformly incorporated into it as a result of whipping,

  • (iii) “Unsalted” or “non salé”, in close proximity to the common name, if the dairy product is unsalted and has not been cultured, and

  • (iv) “Salted” or “salé”, in close proximity to the common name, if the dairy product is salted and has been cultured;

• (b) in the case of a combination of skim milk powder and whey powder, the percentage of each powder;

• (c) in the case of partly skimmed milk powder, dairy spread and calorie-reduced butter, the percentage of milk fat; and

• (d) in all cases, a declaration of net quantity that is

  • (i) in metric units or Canadian units, or both, in which case the units must be grouped together, if a standard is set out in Volume 1 of the Standards of Identity Document for the dairy product, or

  • (ii) in metric units, if no standard is set out in Volume 1 of the Standards of Identity Document for the dairy product.

Marginal note:Prepackaged dairy products — not consumer prepackaged

247 The principal display panel of a prepackaged dairy product, other than a consumer prepackaged dairy product, must bear

• (a) in the case of cheese in its original shape, made from pasteurized milk, the word “Pasteurized” or “pasteurisé”, unless the list of ingredients indicates that the cheese is made from pasteurized milk;

• (b) in the case of buttermilk powder, the percentage of milk fat;

• (c) in the case of skim milk powder that has a whey protein nitrogen content of not less than 6.0 mg/g, the expression “Low Heat” or “Low Temperature” or “basse température” or the abbreviation “Low Temp.” or “basse temp.”; and

• (d) in the case of skim milk powder that has a whey protein nitrogen content of not more than 1.5 mg/g, the expression “High Heat” or “High Temperature” or “haute température” or the abbreviation “High Temp.” or “haute temp.”.

Marginal note:Consumer prepackaged dairy products

248 The principal display panel of a consumer prepackaged dairy product must bear

• (a) in the case of cheese, except cottage cheese and creamed cottage cheese, and in the case of cheese curd, the percentage of moisture;

• (b) in the case of cheese, cheese curd and evaporated partly skimmed milk or concentrated partly skimmed milk, the percentage of milk fat;

• (c) in the case of a dairy product that consists of or was manufactured or prepared wholly or partly from milk that is obtained from an animal other than a cow, the source of the milk, unless the source is indicated in the common name; and

• (d) in the case of a dairy product that is sold as one unit but consists of two or more individual packages of butter patties, butter reddies or other related dairy products, the number of individual packages, as well as the net quantity of each individual package, if the total net quantity of the individual packages is more than 20 g.

Marginal note:Consumer prepackaged cheese

• 249 (1) The principal display panel of a consumer prepackaged cheese must bear

  • (a) the relative firmness of the cheese;

  • (b) except in the case of a soft white cheese, the principal ripening characteristic of the cheese;

  • (c) in the case of hard cheese that is intended for grating and has a moisture content of 34% or less, the expressions “Hard Grating Cheese” and “fromage dur à râper”; and

  • (d) in the case of a mixture of grated or shredded cheeses, the varieties of the cheeses, in descending order of their proportion in the cheese.

• Marginal note:Exception

  (2) Subsection (1) does not apply in respect of

  • (a) cheddar cheese;

  • (b) cream cheese with or without added ingredients;

  • (c) cream cheese spread with or without added ingredients;

  • (d) whey cheese;

  • (e) processed cheese with or without added ingredients;

  • (f) processed cheese food with or without added ingredients;

  • (g) processed cheese spread with or without added ingredients;

  • (h) cold-pack cheese with or without added ingredients;

  • (i) cold-pack cheese food with or without added ingredients;

  • (j) cottage cheese;

  • (k) creamed cottage cheese; and

  • (l) any cheese that is listed in Part I or II of the table to section B.08.033 of the Food and Drug Regulations.

• Marginal note:Relative firmness

  (3) The relative firmness of the cheese must be identified by the following expressions:

  • (a) “Soft White Cheese” and “fromage à pâte fraîche” or “fromage frais”, if it has a moisture on fat-free basis content of 80% or more;

  • (b) “Soft Cheese” and “fromage à pâte molle”, if it has a moisture on fat-free basis content of more than 67% but less than 80%;

  • (c) “Semi-soft Cheese” and “fromage à pâte demi-ferme”, if it has a moisture on fat-free basis content of more than 62% but not more than 67%;

  • (d) “Firm Cheese” and “fromage à pâte ferme”, if it has a moisture on fat-free basis content of 50% or more but not more than 62%; and

  • (e) “Hard Cheese” and “fromage à pâte dure”, if it has a moisture on fat-free basis content of less than 50%.

• Marginal note:Principal ripening characteristic

  (4) The principal ripening characteristic of the cheese must be identified by the following words or expressions:

  • (a) “Ripened” and “affiné”, if the ripening process develops within the whole body of the cheese;

  • (b) “Surface Ripened” and “affiné en surface”, if the ripening process starts from the surface and moves into the body of the cheese;

  • (c) “Blue Veined” and “à pâte persillée”, if veins of mould occur within the body of the cheese; and

  • (d) “Unripened” and “non affiné” or “Fresh” and “frais”, if the cheese has not undergone any ripening.

Marginal note:Imported dairy products

• 250 (1) The label of the following dairy products must bear the expression “Product of” or “produit de”, followed by the name of the foreign state of origin:

  • (a) an imported prepackaged dairy product; and

  • (b) a consumer prepackaged cheese that is packaged in Canada from imported bulk cheese for which a standard is set out in Volume 1 of the Standards of Identity Document.

• Marginal note:Principal display panel

  (2) In the case of the cheese referred to in paragraph (1)(b), the information must be shown on the principal display panel.

Marginal note:Exception

251 Sections 246, 248 and 250 do not apply in respect of an individual portion of a consumer prepackaged dairy product that is sold

• (a) by means of an automatic vending machine or mobile canteen; or

• (b) by a restaurant or other commercial enterprise if it is served with meals or snacks.

Marginal note:Exported prepackaged dairy products

252 The label of a prepackaged dairy product that is exported must bear the expression “Product of Canada” or “produit du Canada”.

Marginal note:Type size

253 The information that is required by sections 250 and 252 must be shown in boldface type in characters that are at least 16 mm in height, in the case of a prepackaged dairy product other than a consumer prepackaged dairy product.

SUBDIVISION EEggs

Marginal note:Graded eggs

254 The label of prepackaged eggs that are graded in accordance with these Regulations must bear

• (a) a declaration of net quantity; and

• (b) in the case of eggs that are pasteurized in the shell, the words “Pasteurized” and “pasteurisé”, as well as the expressions “Graded Canada A Before Pasteurization” and “classifié Canada A avant pasteurisation” or the expressions “Graded Grade A Before Pasteurization” and “classifié catégorie A avant pasteurisation”, as the case may be.

Marginal note:Size of label of graded egg

255 The label applied to an egg that is graded Canada A, Canada B, Grade A or Grade B must not cover an area of the egg that is larger than 2.5 cm².

Marginal note:Imported eggs

• 256 (1) The label of imported prepackaged eggs must bear the expressions “Product of” and “produit de”, followed by the name of the foreign state of origin.

• Marginal note:Location and type size

  (2) That information must be shown in characters that are

  • (a) in the case of a tray with an overwrap or an egg carton, on the top or side of the tray or egg carton, at least 1.5 mm in height; and

  • (b) in the case of a container other than a tray with an overwrap or an egg carton, at least 6 mm in height.

Marginal note:Eggs to be exported

• 257 (1) The label of prepackaged eggs that are graded in accordance with these Regulations and that are exported must bear the expressions “Product of Canada” and “produit du Canada”.

• Marginal note:Location and type size

  (2) That information must be shown in characters that are

  • (a) in the case of a tray with an overwrap or an egg carton, on the top or side of the tray or egg carton, at least 1.5 mm in height; and

  • (b) in the case of a container other than a tray with an overwrap or an egg carton, immediately below the common name, at least 13 mm in height.

SUBDIVISION FProcessed Egg Products

Marginal note:Prepackaged processed egg products

258 The label of a prepackaged processed egg product must bear

• (a) the inspection legend set out in Figure 1 of Schedule 2, if the prepackaged processed egg product is sent or conveyed from one province to another or exported;

• (b) the official inspection mark of the foreign state of origin, if the prepackaged processed egg product is imported;

• (c) the expression “Product of Turkey Eggs” or “produit d’œufs de dinde” or the expression “Product of Turkey Eggs and Chicken Eggs” or “produit d’œufs de dinde et de poule”, as the case may be, if the processed egg product was manufactured or prepared from eggs of a domestic turkey or from eggs of a domestic turkey and eggs of a domestic chicken; and

• (d) the expression “Pan-dried” or “séché sur plaque” or the expression “Spray-dried” or “séché par pulvérisation”, as the case may be, if the processed egg product is dried egg white or dried albumen.

Marginal note:Imported prepackaged processed egg products

259 The label of an imported prepackaged processed egg product must also bear the expression “Product of” or “produit de”, followed by the name of the foreign state of origin.

Marginal note:Prepackaged dried egg blends

260 The label of the following prepackaged processed egg products must bear the expression “Product of Canada and” or “produit du Canada et”, followed by the name of the foreign state of origin:

• (a) dried whole egg that is a blend of imported and Canadian dried whole egg;

• (b) dried yolk that is a blend of imported and Canadian dried yolk; and

• (c) dried egg white or dried albumen that is a blend of imported and Canadian dried egg white or dried albumen.

SUBDIVISION GFish

Marginal note:Definitions

261 The following definitions apply in this Subdivision.

brine

brine means sea water, with or without the addition of salt, or a solution of salt and fresh water. (saumure)

fillet

fillet means a slice of fish flesh of irregular size and shape, whether cut into sections or not, that

• (a) has been removed from the carcass of a fish by cuts that are parallel to the backbone; and

• (b) has had the internal organs, head, fins and all discoloured flesh and bones, other than intramuscular or lateral bones, removed. (filet)

minced

minced, in respect of fish, means that particles of skeletal muscle have been separated from a clean, sound fish that has had its head and all its internal organs, bones, skin and discoloured flesh removed. (haché)

salted fish

salted fish means fish of the Gadidae family that has been preserved by salt and that has a salt content of 12% or more by wet weight and a moisture content of not more than 65%. (poisson salé)

whitefish

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

Marginal note:Prepackaged fish

• 262 (1) The label of prepackaged fish must bear

  • (a) in the case of salmon that is in a hermetically sealed package, the word “Skinless” or the expression “sans peau” or the word “Boneless” or the expression “sans os” or “sans arête”, if the skin and the vertebrae have been removed from the salmon and the salmon consists of sections of flesh that are cut transversely from the fish and are nearly equal in length to the height of the hermetically sealed package;

  • (b) in the case of minced salmon or trimmings from the tail and nape sections of a salmon or other small pieces of salmon, the word “Minced” or the expression “haché” or the expression “Salmon Tips” or “bouts de saumon”, as the case may be, if the salmon or trimmings are in a hermetically sealed package;

  • (c) in the case of unfrozen lobster meat that has been packaged without the addition of brine, the expression “Dry Pack” or “emballage à sec”;

  • (d) in the case of frozen lobster meat, the expression “Frozen Lobster Meat” or “chair de homard congelée”;

  • (e) in the case of fish sticks, fish fingers and other uniform rectangular portions of breaded fish flesh that were manufactured or prepared from minced fish, a descriptive term declaring that the food is manufactured or prepared from minced fish;

  • (f) in the case of bivalve molluscs in the shell that are not in a hermetically sealed package, the date of processing and an expression, code or identifier that indicates the area from which the bivalve molluscs were harvested;

  • (g) in the case of tuna that is in a hermetically sealed package, one of the following expressions to describe the colour of the fish flesh:

    • (i) “White Meat Tuna” or “chair de thon blanc” or “White Tuna” or “thon blanc”, if the tuna is of the species Thunnus alalunga and has a diffuse luminous reflectance of not less than 33.7% of that of magnesium oxide,

    • (ii) “Light Meat Tuna” or “chair pâle de thon” or “Light Tuna” or “thon pâle”, if the tuna has a diffuse luminous reflectance of not less than 22.6% of that of magnesium oxide, and

    • (iii) “Dark Meat Tuna” or “chair foncée de thon” or “Dark Tuna” or “thon foncé”, if the tuna does not meet the requirements of subparagraph (ii);

  • (h) in the case of salted fish, one of the following words or expressions to describe the processing of the fish:

    • (i) “Split Fish” or “poisson fendu”, if the fish is split and at least two thirds of the anterior of the backbone has been removed,

    • (ii) “Split Fish with Entire Backbone” or “poisson fendu avec colonne vertébrale entière”, if the fish is split and no portion of the backbone has been removed,

    • (iii) “Fillet” or “filet”, in the case of a fillet as defined in section 261, and

    • (iv) any other expression that is distinctive from those set out in subparagraphs (i) to (iii) and that describes the processing of the fish;

  • (i) in the case of salted fish, one of the following expressions to describe the salt or moisture content of the fish:

    • (i) “Slack Salted Fish” or “poisson faiblement salé”, if, after salting is complete, the fish has a salt content of not more than 25% by dry weight,

    • (ii) “Light Salted Fish” or “poisson légèrement salé”, if, after salting is complete, the fish has a salt content of more than 25% but not more than 33% by dry weight,

    • (iii) “Dried Heavy Salted Fish” or “poisson fortement salé séché”, if, after salting is complete, the fish has a salt content of more than 33% by dry weight and has a moisture content of not more than 54%, and

    • (iv) “Green Heavy Salted Fish” or “poisson fortement salé en vert”, if, after salting is complete, the fish has a salt content of more than 33% by dry weight and has a moisture content of more than 54% but not more than 65%;

  • (j) in the case of fish that is in a hermetically sealed package, an indication, as part of the common name, as to whether the fish was manufactured or prepared

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

    • (ii) from selected parts of fish, or

    • (iii) for dietetic use; and

  • (k) in all cases, a declaration of net quantity.

• Marginal note:Mackerel

  (2) In the case of mackerel or mackerel fillets that are packaged without the addition of water, brine or a vinegar solution and that are in a hermetically sealed package, the label must bear the drained weight in addition to the declaration of net quantity, if the drained weight is less than 80% of that quantity.

• Marginal note:Descriptive terms — minced fish

  (3) The descriptive term referred to in paragraph (1)(e) must be shown in close proximity to the common name and in characters that are at least the height that is the greater of

  • (a) one-half the height of the characters in which the common name is shown, and

  • (b) 1.6 mm.

Marginal note:Prepackaged fish placed in a second container

263 If prepackaged fish that is labelled in accordance with this Part is placed inside of a second container and the resulting product is prepackaged fish, other than consumer prepackaged fish, the second container is not required to be labelled with the declaration of net quantity referred to in paragraph 262(1)(k).

Marginal note:Prepackaged fish — common name

264 If prepackaged fish is of a species that is set out in the document entitled Common Names for Prepackaged Fish, prepared by the Agency and published on its website, as amended from time to time, the common name that is required to be shown on the label is any common name that is set out for that species in that document.

Marginal note:Fish in hermetically sealed package

265 In the case of fish that is in a hermetically sealed package and commercially sterile, the declaration of net quantity referred to in paragraph 262(1)(k) must be shown on the principal display panel.

Marginal note:Imported prepackaged fish

266 The label of imported prepackaged fish must bear the name of the foreign state of origin.

Marginal note:Prepackaged whitefish

267 The label of prepackaged whitefish, other than imported prepackaged whitefish, must bear the name of the lake and province of origin.

SUBDIVISION HFresh Fruits or Vegetables

Marginal note:Prepackaged fresh fruits or vegetables

• 268 (1) The label of prepackaged fresh fruits or vegetables must bear

  • (a) in the case of apples, the name of the variety; and

  • (b) in all cases, a declaration of net quantity.

• Marginal note:Prepackaged apples placed in second container

  (2) If prepackaged fresh apples that are labelled in accordance with this Part are placed inside of a second container and the resulting product is prepackaged fresh apples, other than consumer prepackaged fresh apples, the second container is not required to be labelled with the name of the variety.

• Marginal note:Definition of apple

  (3) In paragraph (1)(a) and subsection (2), apple means a fresh apple for which a grade is prescribed by these Regulations.

• Marginal note:Declaration of net quantity

  (4) Unless the declaration of net quantity is shown by numerical count, it must be shown in metric units or Canadian units, or both, in which case the units must be grouped together.

Marginal note:Imported prepackaged fresh fruits or vegetables

• 269 (1) The expression “Product of” or “Produce of” or “produit de”, “Grown in” or “cultivé dans” or “Country of Origin” or “pays d’origine”, followed by the name of the foreign state in which the fresh fruits or vegetables were grown, or other words that clearly indicate that foreign state, must be shown on the principal display panel of imported prepackaged fresh fruits or vegetables in close proximity to the declaration of net quantity or the grade name.

• Marginal note:Prepackaged fresh fruits or vegetables placed in second container

  (2) If prepackaged fresh fruits or vegetables that are labelled in accordance with this Part are placed inside of a second container and the resulting product is prepackaged fresh fruits or vegetables, other than consumer prepackaged fresh fruits or vegetables, the second container is not required to be labelled with the information referred to in subsection (1) if that information is readily discernible and legible without having to open the second container and that information is not obscured by the container.

• Marginal note:Subsequent repackaging

  (3) This section applies whether or not the imported prepackaged fresh fruits or vegetables are subsequently repackaged in Canada.

Marginal note:Type size

• 270 (1) The information that is required by section 269 must be shown in boldface type in characters of at least the minimum character height that is set out in column 2 of Schedule 6 for the area of a principal display surface that is set out in column 1.

• Marginal note:Exception

  (2) Subsection (1) does not apply in respect of consumer prepackaged fresh fruits or vegetables that are packaged from bulk at retail or that are catch-weight foods sold by a retailer.

Marginal note:Reusable plastic container

271 Despite subsection 270(1), in the case of prepackaged fresh fruits or vegetables, other than consumer prepackaged fresh fruits or vegetables, whose container is a reusable plastic container, the characters must be at least 1.6 mm in height.

SUBDIVISION IProcessed Fruit or Vegetable Products

Marginal note:Prepackaged processed fruit or vegetable products

• 272 (1) The label of a prepackaged processed fruit or vegetable product must bear

  • (a) a declaration of net quantity, in metric units, shown on the principal display panel;

  • (b) the expression “Solid Pack” or “conserve compacte”, in the case of a package containing fruits or vegetables that have been partially or wholly precooked before processing so as to allow the fruits or vegetables to pack closely with the minimum amount of free liquid and in which there is little or no free liquid;

  • (c) the expression “Heavy Pack” or “conserve épaisse”, in the case of a package in which the minimum amount of water required for proper processing of the product is used as the liquid packaging medium and that contains the maximum drained weight of the food that processing will permit;

  • (d) the expression “In Water” or “dans l’eau”, if the product is packaged in water;

  • (e) the expression “Contents ... Per Cent Slack Filled” or “... pour cent du contenant non rempli” or “Contents ... Per Cent Short Weight” or “contient ... pour cent de moins que le poids indiqué”, if the package is not filled to capacity or contains less than the minimum net and drained weights prescribed by these Regulations;

  • (f) the total percentage of sweetening ingredients added, if any, in the case of frozen fruits packaged in sugar, invert sugar, dextrose or glucose in dry form;

  • (g) the word “Seville” or “Séville” or “Bitter” or “amère” or the expression “Extra Bitter” or “extra amère”, in the case of orange marmalade made from Seville or other bitter varieties of oranges;

  • (h) in the case of green or wax beans, whether they are frozen or in a hermetically sealed package, any of the following to describe the style of cut or packaging:

    • (i) the word “Whole” or “entiers”, in the case of whole beans that are not arranged in any definite position in a package,

    • (ii) the expression “Asparagus Style” or “genre asperges” or “Whole Vertical Pack” or “entiers, emballage vertical”, in the case of whole beans that are packaged parallel to the sides of a package and are substantially equal in length,

    • (iii) the word “Cut” or “coupés”, in the case of pods that are cut transversely into pieces that are not more than 51 mm in length and not less than 19 mm in length, except in the case of shorter end pieces that result from cutting, and

    • (iv) the expression “French Cut” or “coupe française” or “French Style” or “à la française”, in the case of pods that are sliced lengthwise;

  • (i) the expression “Tips Removed” or “pointes enlevées” or “Without Tips” or “sans pointes” immediately below the common name, in the case of asparagus cuts or cuttings that are graded Canada Choice and packaged without tips;

  • (j) in the case of corn that is in a hermetically sealed package, any of the following:

    • (i) the expression “Cream Style” or “maïs crème” or “Packed in Liquid” or “conservé dans un liquide”, as the case may be,

    • (ii) the expression “Brine Pack” or “mis en conserve dans la saumure” or “Packed in Brine” or “conservé dans la saumure” or “in Brine” or “dans la saumure”, if the corn is in a package in which a water and salt solution is used as the liquid packaging medium with or without the addition of sugar, and

    • (iii) the expression “Vacuum Pack” or “mis en conserve sous vide” or “Vacuum Packed” or “conservé sous vide”, if the corn is in a package in which a minimum amount of liquid packaging medium is used and in which a vacuum is created mechanically;

  • (k) the expression “Vitamin C Added” or “additionné de vitamine C” or the word “Vitaminized” or “vitaminé”, in the case of apple juice, mixed vegetable juice, tomato juice cocktail, prune nectar, apricot nectar, grape juice or grape juice from concentrate, to which ascorbic acid has been added in order to increase the Vitamin C content;

  • (l) the expression “A Water Extract of Dried Prunes” or “extrait aqueux de pruneaux secs” immediately following the common name, in the case of prune nectar;

  • (m) the word “Clingstone” or the expression “à noyau adhérent”, in the case of peaches that are in a hermetically sealed package and that have stones or pits that adhere to the flesh, or the word “Freestone” or the expression “à noyau non adhérent”, in the case of peaches that are in a hermetically sealed package and whose flesh separates readily from the stones or pits;

  • (n) the expression “Keep Refrigerated” or “garder réfrigéré”, in the case of sauerkraut with preservative, or a fruit juice that is in a non-hermetically sealed package;

  • (o) the word “Wild” or the expression “de type sauvage” or the word “Cultivated” or the expression “de type cultivé”, as the case may be, as well as the abbreviation “I.Q.F.” (Individually Quick Frozen) or the word “surgelés” or the expression “Non-free Flowing” or “non individuellement congelés”, in the case of frozen blueberries;

  • (p) the word “Sparkling” or “pétillant”, “mousseux” or “gazéifié” or “Carbonated” or “carbonaté”, “mousseux” or “gazéifié”, in the case of apple juice, apple juice from concentrate, grape juice or grape juice from concentrate, to which carbon dioxide under pressure has been added; and

  • (q) the word “Pitted” or “dénoyautées”, in the case of frozen sweet cherries that are whole and stemmed and that have had the pits removed, or the word “Unpitted” or the expression “non dénoyautées”, in the case of frozen sweet cherries that are whole and stemmed and that have not had the pits removed.

• Marginal note:Definition of sweetening ingredient

  (2) In paragraph (1)(f), sweetening ingredient means white sugar, brown sugar, yellow sugar, golden sugar, liquid sugar, invert sugar, honey, cane sugar, maple sugar, maple syrup, molasses, refined sugar syrup, refiner’s syrup, golden syrup, corn syrup, glucose, dextrose, fructose or any combination of those substances in dry or liquid form.

Marginal note:Identification name

273 A food that is set out in column 1 of Schedule 7 that is frozen or in a hermetically sealed package, that is packaged in syrup or fruit juice, or in fruit juice to which sugar has been added, and that has a percentage of soluble solids that is set out in any of paragraphs (a) to (e) of column 2 must be labelled with the identification name that is set out for that percentage in column 3.

Marginal note:Name of foreign state

• 274 (1) The label of an imported prepackaged processed fruit or vegetable product must bear the name of the foreign state where the processed fruit or vegetable product was packaged.

• Marginal note:Type size

  (2) The name must be shown in characters that are at least 1.6 mm in height.

• Marginal note:Product packaged for Canadian importer

  (3) Despite subsection (2), if the product was packaged for a Canadian importer under the importer’s private label, the name must be shown in characters that are

  • (a) at least 6.4 mm in height, if the declaration of net quantity is more than 283.5 g; and

  • (b) at least 3.2 mm in height, if the declaration of net quantity is 283.5 g or less.

SUBDIVISION JHoney

Marginal note:Prepackaged honey

• 275 (1) The label of prepackaged honey that is graded must bear

  • (a) a declaration of net quantity, in metric units or, in the case of prepackaged honey that is sold as one unit but that consists of two or more individual packages, the number of those packages and the net quantity of each, in metric units; and

  • (b) the word “Creamed” or “en crème” or another word that indicates that the contents are granulated, “Liquid” or “liquide”, “Pasteurized” or “pasteurisé” or “Pressed” or “de presse”, as the case may be.

• Marginal note:Location

  (2) In the case of consumer prepackaged honey, the information referred to in paragraph (1)(b) must be shown on the principal display panel.

Marginal note:Graded Canadian honey

276 The label of prepackaged honey that is produced in Canada and graded in accordance with these Regulations must bear the expression “Product of Canada” or “produit du Canada” or “Canadian Honey” or “miel canadien”.

Marginal note:Imported prepackaged honey

• 277 (1) The label of imported prepackaged honey must bear the expression “Product of” or “produit de” followed by the name of the foreign state of origin.

• Marginal note:Type size

  (2) In the case of imported prepackaged honey, other than consumer prepackaged honey, that information must be shown in characters that are at least 9.5 mm in height.

Marginal note:Honey packaged from imported honey

278 The label of consumer prepackaged honey that was packaged from imported honey and graded in accordance with these Regulations must bear the expressions “Product of” and “produit de” followed by the name of the foreign state of origin.

Marginal note:Blend of Canadian and imported honey

• 279 (1) The label of prepackaged honey that is a blend of imported honey and Canadian honey and that is graded in accordance with these Regulations must bear the expression “A Blend of Canadian and (naming the foreign state or states of origin) Honey” or “mélange de miel canadien et de miel (indication de l’État étranger ou des États étrangers d’origine)” or “A Blend of (naming the foreign state or states of origin) Honey and Canadian Honey” or “mélange de miel (indication de l’État étranger ou des États étrangers d’origine) et de miel canadien”.

• Marginal note:Sources of honey

  (2) The states of origin, Canadian or foreign, must be shown in descending order of the proportion of honey from each state.

SUBDIVISION KMaple Products

Marginal note:Net quantity

• 280 (1) The label of a prepackaged maple product must bear a declaration of net quantity in metric units.

• Marginal note:Exception

  (2) Subsection (1) does not apply in respect of maple syrup unless it is graded in accordance with these Regulations.

Marginal note:Imported maple products

281 The label of the following maple products must bear the name of the foreign state of origin:

• (a) any imported prepackaged maple syrup whose net quantity is 5 L or less; and

• (b) any other imported prepackaged maple product whose net quantity is 5 kg or less.

SUBDIVISION LEdible Meat Products

Marginal note:Inspection legend — non-prepackaged edible meat products

• 282 (1) An edible meat product that is not prepackaged must bear

  • (a) the inspection legend set out in Figure 1 of Schedule 2, if the edible meat product is sent or conveyed from one province to another or exported; and

  • (b) the official inspection mark of the foreign state of origin, if the edible meat product is imported.

• Marginal note:Size of inspection legend

  (2) If an inspection legend or official inspection mark of a foreign state is applied directly on an edible meat product, the transverse axis passing through the centre of the legend or mark must be at least 25 mm in length.

Marginal note:Label — non-prepackaged edible meat products

• 283 (1) A label must be applied or attached to an edible meat product that is not prepackaged, and must bear

  • (a) the information required by paragraphs 218(1)(a) and (b) and 286(a) and (b) and the expressions mentioned in paragraphs 286(c) and (d), shown on the principal display panel;

  • (b) the ingredients listed either in descending order of their proportion in the product or as a percentage of the product; and

  • (c) the components of the ingredients,

    • (i) listed immediately after the ingredient of which they are components, in such a manner as to indicate that they are components of that ingredient,

    • (ii) listed either in descending order of their proportion in the ingredient or as a percentage of the ingredient, and the order or percentage must be the order or percentage of the components before they are combined to form the ingredient, and

    • (iii) shown in accordance with sections B.01.009 and B.01.010 of the Food and Drug Regulations.

• Marginal note:Exception

  (2) If one or more components of an ingredient is shown in a list of ingredients, the ingredient is not required to be shown in the list if all of the components of the ingredient are shown in the list by their common names and in accordance with paragraph (1)(b) as if they were ingredients.

Marginal note:Exception — omission or substitution of an ingredient or ingredient component

• 284 (1) In the case where it is an acceptable manufacturing practice for a licence holder to omit, from an edible meat product, any food that is ordinarily an ingredient of the meat product or a component of the ingredient, or substitute in whole or in part, in a meat product, any food for a food that is ordinarily an ingredient or a component of the ingredient, the list of ingredients on the label of the meat product may, for the 12‑month period beginning at the time the label is applied or attached to the edible meat product, show as ingredients of the meat product or components of the ingredients the food that may be omitted or substituted, if

  • (a) all the foods that may be used as ingredients or components throughout the 12‑month period are shown in the list of ingredients;

  • (b) it is clearly stated as part of the list of ingredients that the food shown as an ingredient or component may not be present in the meat product or that another food may be substituted; and

  • (c) the food that is omitted or substituted is grouped with foods of the same class of foods that are used as ingredients or components in the product and the foods within each of the groups of foods are listed in descending order of the proportion in which they are likely to be used during the 12‑month period.

• Marginal note:Exception — varying proportions

  (2) In the case where it is an acceptable manufacturing practice for a licence holder to vary the proportions of ingredients of an edible meat product or components of the ingredients, the list of ingredients on the label of the edible meat product may, for the 12‑month period beginning at the time the label is applied or attached to the meat product, show the ingredients or components in the same proportions throughout the 12‑month period, if

  • (a) it is clearly stated as part of the list of ingredients that the proportions indicated are subject to change; and

  • (b) the ingredients or components are listed in descending order of the proportion in which they are likely to be used during the 12‑month period.

Marginal note:Definitions

285 The following definitions apply in sections 283 and 284.

component

component means an individual unit of food that is combined as an individual unit of food with one or more other individual units of food to form an ingredient. (constituant)

ingredient

ingredient means an individual unit of food that is combined as an individual unit of food with one or more other individual units of food to form an integral unit of food that is an edible meat product. (ingrédient)

Marginal note:Prepackaged edible meat products

286 The label of a prepackaged edible meat product must bear on the principal display panel

• (a) a declaration of net quantity, in metric units, shown in the manner required by sections 233 to 236 and 239 as if it were a consumer prepackaged food;

• (b) a statement that indicates that the meat product must be kept refrigerated or kept frozen, as the case may be, unless the meat product

  • (i) is in a hermetically sealed package and is commercially sterile,

  • (ii) is dried to attain a water activity of 0.85 or less,

  • (iii) has a pH of 4.6 or less,

  • (iv) is packaged in salt or a saturated salt solution, or

  • (v) is fermented and has a pH of 5.3 or less, and a water activity of 0.90 or less, at the end of the fermentation;

• (c) in the case of a poultry carcass that is dressed or partially dressed, the expressions “With Giblets” and “avec abats” or “avec abattis”, if giblets are packaged with the poultry carcass and it has been graded; and

• (d) in the case of a carcass of a chicken or young duck that is dressed or partially dressed or a portion of such a carcass, the expression “May Contain Kidneys” or “peut contenir les reins”, if the kidneys have not been removed or it may contain kidneys.

Marginal note:Inspection legend — prepackaged edible meat products

• 287 (1) The label of a prepackaged edible meat product must also bear

  • (a) the inspection legend set out in Figure 1 or 2 of Schedule 2, if the prepackaged edible meat product is sent or conveyed from one province to another or exported; and

  • (b) the official inspection mark of the foreign state of origin, if the prepackaged edible meat product is imported.

• Marginal note:Principal display panel

  (2) In the case of a prepackaged edible meat product, other than a consumer prepackaged meat product, the principal display panel must bear the inspection legend or the official inspection mark of the foreign state of origin.

• Marginal note:Tamper-resistant seal

  (3) Despite subsection (2), in the case of a prepackaged edible meat product, other than a consumer prepackaged meat product, the inspection legend or the official inspection mark of the foreign state of origin may be shown on the tamper-resistant seal, if such a seal is used, unless that seal is applied to the bottom of the container.

Marginal note:Edible meat products

• 288 (1) The label of an edible meat product may bear a word or expression that is set out in quotation marks in column 1 of Schedule 8 only if the edible meat product meets the requirements that are set out in column 2.

• Marginal note:Location

  (2) If such a word or expression is shown on the label, it must be shown in close proximity to the common name.

Marginal note:Animal species

289 The label of an edible meat product may describe the meat product as, or as being derived from, a carcass or part of a carcass or a cut, organ or tissue of a food animal only if the label bears the name of the animal species, as it is commonly known, from which the meat product was derived.

Marginal note:Ready-to-eat edible meat products

290 The label of an edible meat product may bear a word or expression that indicates or suggests that it is a ready-to-eat product only if the requirements of section 47 are met in respect of the edible meat product.

Marginal note:Uncooked meat products

291 The principal display panel of a prepackaged edible meat product that is not a ready-to-eat product but could be mistaken for one must bear

• (a) the expression “Must Be Cooked” or “doit être cuit” or “Raw Product” or “produit cru” or the word “Uncooked” or “non cuit”, or any equivalent word or expression, in close proximity to the common name, to indicate that the meat product requires cooking before consumption; and

• (b) comprehensive cooking instructions — such as a combination of internal temperature and cooking time — that, if followed, will result in a ready-to-eat meat product.

Marginal note:Prepackaged poultry carcass

292 In the case of a prepackaged poultry carcass, if the carcass is dressed or partially dressed and has been graded, the common name must be shown on

• (a) the part of the package that lies on or over the anterior centre of the breast of the poultry, if the carcass is individually packaged; or

• (b) on a tag that is attached to the V of the wishbone of the poultry carcass, if it is not individually packaged.

Marginal note:Consumer prepackaged poultry carcass

293 In the case of a consumer prepackaged poultry carcass, if the carcass is dressed or partially dressed and has been graded in accordance with these Regulations, the label must bear

• (a) if the poultry carcass has been basted, the words “Basted” and “imprégné”, the words “Pre-basted” and “préimprégné”, the expressions “Deep Basted” and “imprégné en profondeur” or the words “Self-basting” and “auto-imprégné”, as the case may be, as well as the expressions “Graded before Basting” and “classifié avant imprégnation”;

• (b) if it is graded Canada Utility, the expressions “May Have Parts Missing” and “des parties peuvent manquer”;

• (c) if its breast bone has been removed, the expressions “Breast Bone Removed” and “bréchet enlevé”;

• (d) if it has been stuffed, the words “Stuffed” and “farci” and the expressions “Graded before Stuffing” and “classifié avant d’être farci”; and

• (e) if it has been seasoned, the words “Seasoned” and “assaisonné” and the expressions “Graded before Seasoning” and “classifié avant assaisonnement”.

Marginal note:Poultry carcass — not individually packaged

294 In the case of a prepackaged poultry carcass, if the carcass is dressed or partially dressed and has been graded, but it is not individually packaged, a tag must be attached to the V of the wishbone of the poultry carcass that bears

• (a) the name and principal place of business of the person by or for whom the poultry carcass was packaged; and

• (b) the expression “May Contain Kidneys” or “peut contenir les reins”, if the poultry carcass is that of a chicken or young duck, or a portion of such a carcass, and it may contain kidneys or the kidneys have not been removed.

Marginal note:Word “ham”

295 The label of an edible meat product may bear the word “Ham” or “jambon” only if the product is derived from the hind leg of a dressed swine carcass above the tarsal joint.

Marginal note:Label of edible meat products — exception

• 296 (1) An edible meat product whose label does not meet the requirements of these Regulations may be sent or conveyed from an establishment that is identified in a licence if

  • (a) it is a prepackaged meat product, other than a consumer prepackaged meat product, that is sealed with a tamper-resistant seal or it is in a conveyance that is sealed with a tamper-resistant seal;

  • (b) it is sent or conveyed to another establishment where meat products are manufactured, processed, treated, preserved, graded, packaged or labelled by a licence holder; and

  • (c) it is accompanied by

    • (i) a document from the licence holder that states that the meat product is identified as edible under section 125, and

    • (ii) a list of ingredients that meets the requirements of the Food and Drug Regulations that apply in respect of a prepackaged product as defined in subsection B.01.001(1) of those Regulations.

• Marginal note:Tamper-resistant seal

  (2) The tamper-resistant seal on the prepackaged meat product or conveyance must not be broken until after the meat product arrives at the other establishment.

Marginal note:Imported edible meat products

• 297 (1) The label of an imported edible meat product must bear the expression “Product of” or “produit de”, followed by the name of the foreign state of origin, in close proximity to the common name.

• Marginal note:Type size

  (2) The information must, whether or not the edible meat product is a consumer prepackaged meat product, be shown in characters of the height required by subsections 210(2) and (3).

• Marginal note:Subsequent packaging or labelling

  (3) This section applies whether or not the imported edible meat product is subsequently packaged or labelled in Canada without being manufactured or prepared in Canada.

Marginal note:Imported consumer prepackaged poultry carcasses

298 In the case of an imported consumer prepackaged poultry carcass, if the carcass is dressed or partially dressed and has been graded in accordance with these Regulations, the information required by subsection 297(1) must be shown in the same colour as the grade name.

DIVISION 4Exceptions

Marginal note:Consumer prepackaged food

299 Sections 199, 200, 216, 221 to 224 and 228 to 241 do not apply in respect of a consumer prepackaged food that is

• (a) manufactured, prepared, produced, packaged or labelled for use by commercial or industrial enterprises or institutions without being sold by them as a consumer prepackaged food;

• (b) manufactured, prepared, produced, packaged or labelled only for sale to or by a duty free shop; or

• (c) distributed to one or more persons for no consideration.

Marginal note:Declaration of net quantity

300 The following consumer prepackaged foods are not required to be labelled with the declaration of net quantity referred to in section 221:

• (a) an individual portion of a food that is prepared by a commissary and sold by automatic vending machine or mobile canteen;

• (b) a catch-weight food that is sold to a retailer; and

• (c) an individual portion of a food that is sold by a restaurant or other commercial enterprise if it is served with meals or snacks.

Marginal note:Raspberries or strawberries

301 Sections 216, 221 and 240 do not apply in respect of consumer prepackaged raspberries or consumer prepackaged strawberries that are packaged in the field in a container that has a capacity of 1.14 L or less.

Marginal note:Individually measured food

• 302 (1) A declaration of net quantity of a consumer prepackaged food that is an individually measured food is not required to meet the legibility and character height requirements of subsection 210(2), paragraph 229(1)(a), subsections 229(2) and (3) and paragraph 230(b).

• Marginal note:Food packaged from bulk

  (2) The declaration of net quantity of a consumer prepackaged food, other than an individually measured food, that is packaged from bulk at retail and that is clearly shown on the principal display panel in Canadian units, is not required to

  • (a) meet the legibility and character height requirements of subsection 210(2), paragraph 229(1)(a), subsections 229(2) and (3) and paragraph 230(b); or

  • (b) be shown in metric units.

• Marginal note:Definition of individually measured

  (3) In this section, individually measured, in respect of a food, means that the food is measured and packaged in a manner other than in accordance with a predetermined fixed quantity and, as a result, is sold in varying quantities.

Marginal note:Individually packaged food sold as one unit

303 A label of a consumer prepackaged food is not required to meet the requirements of sections 221, 239 and 240 if

• (a) the consumer prepackaged food is sold as one unit but consists of fewer than seven identical individually packaged foods;

• (b) each of those individually packaged foods is labelled with the information required by this Part; and

• (c) that information is readily discernable and legible at the time of sale.

PART 12Grades and Grade Names

DIVISION 1Interpretation

Marginal note:Definitions

304 The following definitions apply in this Part.

beef carcass

beef carcass has the same meaning as in the Grades Document. (carcasse de boeuf)

bison carcass

bison carcass has the same meaning as in the Grades Document. (carcasse de bison)

grader

grader means a person designated as a grader under subsection 13(3) of the Canadian Food Inspection Agency Act for the purposes of the Act. (classificateur)

grade roller

grade roller means a tool that is used to apply a roller brand on each side of a livestock carcass. (rouleau à estampiller)

Grades Document

Grades Document means the document entitled Beef, Bison and Veal Carcass Grade Requirements, prepared by the Canadian Beef Grading Agency and published on its website, as amended from time to time. (Document de classification)

grade stamp

grade stamp means a mark that is applied to a livestock carcass and that shows the grade name and the grader’s code. (cachet de classification)

grade stamp applicator

grade stamp applicator means a tool that is used to apply a grade stamp or a yield stamp to a livestock carcass. (applicateur de cachet de classification)

grading stand

grading stand means a platform that is used for grading livestock carcasses. (plate-forme de classification)

identification code

identification code means a distinct code that is applied to a food animal before slaughter and grading to enable the food animal to be traced. (code d’identification)

knife-rib

knife-rib means to cut the left side, or the left and right sides, of a beef carcass or bison carcass in the following locations by severing the vertebrae and cutting 15 cm or more beyond the longissimus muscles in order to expose those muscles for evaluation by a grader:

• (a) in the case of a beef carcass, between the 12th and 13th ribs; and

• (b) in the case of a bison carcass, between the 11th and 12th ribs. (incision transversale)

lot

lot means a group of food animals or a quantity of livestock carcasses that, for any reason, is considered together for inspection. (lot)

marketing agency

marketing agency means a board or commission that is established under an Act of a province that regulates the marketing of bovine or ovine animals. (office de commercialisation)

meat inspection stamp

meat inspection stamp means

• (a) an inspection legend that is prescribed under section 179 in respect of a meat product; or

• (b) a mark that is authorized under an Act of a province to be applied to or used in connection with a livestock carcass or poultry carcass after inspection. (cachet d’inspection de viande)

musculature

musculature means the size and shape of the muscles of a livestock carcass. (musculature)

ovine carcass

ovine carcass has the same meaning as in the Compendium. (carcasse d’ovin)

primal cut

primal cut means

• (a) in the case of a beef carcass or bison carcass, the round, sirloin, short loin, rib or chuck of the carcass side; and

• (b) in the case of an ovine carcass or veal carcass, the leg, loin or foresaddle of the carcass side. (coupe primaire)

producer

producer means any person who sells livestock for slaughter. (producteur)

provincial establishment

provincial establishment means an establishment

• (a) that is registered under an Act of a province that regulates the inspection of livestock carcasses or poultry carcasses; or

• (b) where livestock carcasses or poultry carcasses are prepared by any person who is authorized to do so under an Act of a province that regulates the inspection of those carcasses. (établissement provincial)

roller brand

roller brand means the mark that is applied to a beef carcass and that shows the grade name and the number that is assigned to the establishment where the livestock carcass is graded. (marque d’estampillage)

sub-primal cut

sub-primal cut means a cut of meat that is greater than 125 cm³ and that is derived from a beef carcass or a primal cut of a beef carcass. (coupe sous-primaire)

trim

trim means to remove all or part of the external fat from a livestock carcass. (parer)

veal carcass

veal carcass has the same meaning as in the Grades Document. (carcasse de veau)

weighmaster

weighmaster means an employee of an establishment that is identified in a licence or of a provincial establishment who is trained to operate a scale that is approved under section 3 of the Weights and Measures Act. (peseur)

yield class

yield class has the same meaning as in the Compendium or the Grades Document. (catégorie de rendement)

yield stamp

yield stamp has the same meaning as in the Compendium or the Grades Document. (cachet de rendement)

DIVISION 2Grade Names

Marginal note:Definition grade name in Act

305 For the purposes of the definition grade name in section 2 of the Act, the grade names that are set out in the Compendium and in the Grades Document are prescribed in respect of foods.

DIVISION 3Grading

Marginal note:Mandatory grading

• 306 (1) Any eggs, fish, fresh fruits or vegetables, processed fruit or vegetable products, honey, maple syrup or beef carcass in respect of which grades are prescribed by these Regulations that are sent or conveyed from one province to another or that are imported or exported must

  • (a) be graded;

  • (b) meet the requirements that are set out in the Compendium or the Grades Document in respect of the applicable grade of that food; and

  • (c) be labelled, in accordance with the Compendium or the Grades Document, with the applicable grade name that is set out in the Compendium or the Grades Document.

• Marginal note:Exception — subsection (1)

  (2) Subsection (1) does not apply in respect of

  • (a) frozen gutted Pacific salmon;

  • (b) fresh fruits or vegetables that are exported;

  • (c) fresh blueberries, fresh cantaloupes, fresh crabapples, fresh cranberries, fresh field rhubarb and fresh strawberries;

  • (d) if they are in a hermetically sealed package, mixed vegetables (macédoine), stewed tomatoes, tomato puree, tomato pulp, tomato paste, tomato ketchup and tomato chili sauce;

  • (e) a beef carcass, or a carcass side, hind quarter, front quarter, primal cut or sub-primal cut of a beef carcass that has been imported, in the following cases:

    • (i) if it is prepackaged, its container is labelled with the expression “Ungraded Beef” or “boeuf non classifié”, and

    • (ii) if it is not prepackaged, it is accompanied by documents for presentation to an inspector or grader that show that it has not been graded; and

  • (f) a beef carcass, or a carcass side, hind quarter, front quarter, primal cut or sub-primal cut of a beef carcass, that is sent or conveyed from one province to another or exported, in the following cases:

    • (i) if it is prepackaged, its container is labelled with the expression “Ungraded Beef” or “boeuf non classifié”, and

    • (ii) if it is not prepackaged, it is accompanied by documents for presentation to an inspector or grader that show that it has not been graded.

• Marginal note:Exception — paragraphs (1)(b) and (c)

  (3) Paragraphs (1)(b) and (c) do not apply in respect of

  • (a) any processed fruit or vegetable product that does not meet the requirements of the Regulations with respect to grade and that is sent or conveyed from one province to another, if it is labelled with the words “Substandard” or “sous-régulier”;

  • (b) honey that does not meet the requirements of the Regulations with respect to grade and that is sent or conveyed from one province to another, if it is labelled with the words “Substandard” or “sous-régulier”; and

  • (c) honey that does not meet the requirements of the Regulations with respect to grade and that is exported, if the information on the label or the container with respect to the quality of the honey is not false, misleading or deceptive or is not likely to create an erroneous impression.

• Marginal note:Exception — paragraph (1)(c)

  (4) Paragraph 1(c) does not apply in respect of

  • (a) a food that is imported, if the Compendium indicates that it must be labelled with a grade designation that is established by the foreign state of origin and the imported food is labelled with that grade designation rather than with a grade name, and the grade name must be shown in accordance with sections 205, 206 and 312 as if it were a grade name;

  • (b) prepackaged fresh fruits or vegetables that are imported, sold in their original container and labelled with a grade designation that is established by the foreign state of origin, if they meet the requirements of the foreign state in respect of that grade designation and those requirements are substantially equivalent to any requirements that apply under these Regulations;

  • (c) imported prepackaged fresh fruits or vegetables, other than consumer prepackaged fresh fruits or vegetables, if they are graded and meet the requirements of the Compendium in respect of that grade;

  • (d) a beef carcass, or a carcass side, hind quarter, front quarter, primal cut or sub-primal cut of a beef carcass, that is not prepackaged and that is imported if

    • (i) it is graded and labelled in accordance with the requirements, in respect of grades of beef carcasses, that are established by the foreign state of origin, or

    • (ii) it is accompanied by documents for presentation to an inspector or grader that show the grade designation that is established by the foreign state of origin; and

  • (e) a beef carcass, or a carcass side, hind quarter, front quarter, primal cut or sub-primal cut of a beef carcass, that is not prepackaged and does not bear a grade name, and that is sent or conveyed from one province to another, if it is accompanied by documents, for presentation to an inspector or grader, that show its grade name.