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Safe Food for Canadians Regulations (SOR/2018-108)

Regulations are current to 2019-11-19 and last amended on 2019-06-17. Previous Versions

PART 5Traceability

Marginal note:Documents

  •  (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

  •  (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

  •  (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

  •  (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

 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

  •  (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

 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

 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

  •  (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

  •  (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.

 
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