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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 11Labelling (continued)

DIVISION 2Requirements Applicable to Prepackaged Food (continued)

SUBDIVISION GManner of Showing Declaration of Net Quantity (continued)

Marginal note:Number of digits

  •  (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

 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

 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

  •  (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

 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

 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

 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

  •  (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

 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

 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

 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

  •  (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

 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

 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

 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

  •  (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

  •  (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

 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

 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

 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.

 
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