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

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), section 254 and subsections 256(1) and 333(2), both an English and a French word or expression that appears in quotation marks must be shown on the label of a prepackaged food except if 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 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.

Marginal note:Sale of prepackaged food after expiration date

• 216.1 (1) It is prohibited for a person to sell a prepackaged food after the expiration date that is required to be shown on the prepackaged food’s label under Divisions 24 and 25 of Part B of the Food and Drug Regulations.

• Marginal note:Prohibition — unpackaged food or used as ingredient

  (2) It is prohibited for a person to sell the food referred to in subsection (1) as an unpackaged food or use it as an ingredient in another food.

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 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.