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

Regulations are current to 2022-06-20 and last amended on 2019-06-17. Previous Versions

PART 10Packaging (continued)

DIVISION 2Standard Container Sizes

Marginal note:Application

 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

  •  (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

  •  (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

 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

  •  (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

 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

  •  (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

 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

 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

 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

 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

 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

  •  (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

  •  (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

 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

 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

  •  (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

 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

  •  (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

  •  (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.

 
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