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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 12Grades and Grade Names (continued)

DIVISION 2Grade Names

Marginal note:Definition grade name in Act

 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

  •  (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.

Marginal note:Optional grading

 The following foods for which grades are prescribed by these Regulations, if they are graded and sent or conveyed from one province to another, or imported or exported, must meet the requirements that are set out in the Compendium or the Grades Document in respect of the applicable grade of that food and must be labelled, in accordance with the Compendium or Grades Document, with the applicable grade name that is set out in the Compendium or Grades Document:

  • (a) a food referred to in paragraphs 306(2)(a), (c) and (d);

  • (b) a dairy product, except for a dairy product that is exported;

  • (c) a bison carcass, ovine carcass or veal carcass; and

  • (d) a poultry carcass that is dressed or partially dressed.

Marginal note:Authorized application or use

  •  (1) Subject to subsection (2), a licence holder is authorized to apply a grade name to, and use a grade name in connection with, a food that is identified in their licence if

    • (a) the food meets the requirements of paragraphs 8(1)(a) to (d);

    • (b) the food meets the requirements that are set out in the Compendium or the Grades Document in respect of the applicable grade of that food;

    • (c) the food complies with any standards that are set out in the Standards of Identity Document;

    • (d) in the case of a dairy product, an egg, fish, a processed fruit or vegetable product, honey or maple syrup, the food has been graded by a licence holder;

    • (e) in the case of a livestock carcass or poultry carcass that is dressed or partially dressed, the food has been graded by a grader; and

    • (f) the food is packaged and labelled in accordance with these Regulations.

  • Marginal note:Livestock carcass or poultry carcass

    (2) In the case of a livestock carcass or a poultry carcass that is dressed or partially dressed, only the persons who are referred to in the Compendium or the Grades Document are authorized, under the circumstances set out in the Compendium or the Grades Document, to apply a grade name to, or use a grade name in connection with, a food in accordance with this Part.

Marginal note:Imported foods — no prescribed grade name

 A food that is imported and in respect of which no grade name is prescribed by these Regulations may be labelled with the grade designation that is established by the foreign state of origin if

  • (a) the food meets the requirements for the grade designation that are established by that foreign state;

  • (b) the food is labelled in accordance with these Regulations; and

  • (c) the name of that foreign state of origin is clearly indicated on the label.

Marginal note:Authorized reproduction

 The following persons are authorized to reproduce a grade name:

  • (a) printers of labels or manufacturers of packages, if the labels or packages that bear the grade name are provided to a person who is authorized to apply or use the grade name under section 308;

  • (b) publishers of documents on the subject of a food that is graded;

  • (c) publishers of documents that advertise a food that is graded; and

  • (d) manufacturers of grade stamp applicators or grade rollers, if the grade stamps applicators or grade rollers are provided to a grader.

Marginal note:Advertising or sale

 Any person is authorized to use a grade name in the advertising or sale of a food if the food is labelled with the grade name in accordance with these Regulations.

DIVISION 4Packaging and Labelling

SUBDIVISION AGeneral

Marginal note:Labelling of grade name — consumer prepackaged food

 In the case of a consumer prepackaged food, the grade name must be shown

  • (a) on the principal display panel or in the manner set out in the Compendium; and

  • (b) in characters of the height that is required by another provision in this Division or, if there is no such provision, 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:Illustration of grade name

 A grade name that is applied to a beef carcass, bison carcass, ovine carcass, veal carcass, poultry carcass that is dressed or partially dressed, dairy product or egg must be shown as illustrated in the Compendium or the Grades Document.

SUBDIVISION BEggs

Marginal note:Grade name — prepackaged eggs

  •  (1) The grade name on prepackaged eggs must be shown

    • (a) in the case of a tray with an overwrap or an egg carton, on the top of the tray or egg carton; and

    • (b) in the case of a container, other than a tray with an overwrap or an egg carton, in a central location on the container, except the top or the bottom.

  • Marginal note:Exception — paragraph (1)(a)

    (2) The grade name is not required to be shown on trays with an overwrap or on egg cartons that are packaged inside of a second container if the grade name is shown on the second container and the second container is sent or conveyed to an establishment where eggs are graded, packaged and labelled by a licence holder.

  • Marginal note:Exception — paragraph (1)(b)

    (3) If consumer prepackaged eggs in a container other than a tray with an overwrap or an egg carton are packaged inside of a second container, the grade name is not required to be shown on the second container if the grade name is readily discernable and legible without opening the second container and the grade name is not obscured by the second container.

Marginal note:Type size

 The grade name on prepackaged eggs must be shown in characters that are at least the following height:

  • (a) in the case of a tray with an overwrap or an egg carton of eggs graded Canada A or Canada B, 1.5 mm for the word “Canada” and 3 mm for “A” or “B”;

  • (b) in the case of a tray with an overwrap or an egg carton of eggs graded Canada C or Canada Nest Run, 1.5 mm;

  • (c) in the case of a container, other than a tray with an overwrap or an egg carton, that contains eggs graded Canada A or Canada B, 6 mm for the word “Canada” and 13 mm for “A” or “B”; and

  • (d) in the case of a container, other than a tray with an overwrap or an egg carton, that contains eggs graded Canada C or Canada Nest Run, 13 mm.

Marginal note:Eggs — Canada A

 Eggs that are graded Canada A must be labelled with any applicable size designation that is set out in the Compendium. The size designation must be shown on the container in close proximity to the grade name.

SUBDIVISION CFish

Marginal note:Prepackaged fish

 Prepackaged fish that is sent or conveyed from one province to another or that is imported or exported must be labelled with any applicable class and size designation that is set out in the Compendium. The class name or size designation must be shown in close proximity to the grade name and in characters that are at least 3.2 mm in height.

Marginal note:Second container

 If consumer prepackaged fish that is labelled in accordance with these Regulations is placed inside of a second container and the resulting product is consumer prepackaged fish, the second container is not required to be labelled with the grade name.

Marginal note:Type size

 The grade name of prepackaged fish must be shown in characters that are at least 3.2 mm in height if the declaration of net quantity is 900 g or less.

SUBDIVISION DFresh Fruits or Vegetables

Marginal note:Grade name — prepackaged fresh fruits or vegetables

  •  (1) The grade name of prepackaged fresh fruits or vegetables, other than consumer prepackaged fresh fruits or vegetables, must be shown

    • (a) on any surface of the container, except the bottom; and

    • (b) 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 — type size

    (2) Despite subsection (1), the grade name of prepackaged fresh fruits or vegetables, other than consumer prepackaged fresh fruits or vegetables, may, if the container is a reusable plastic container, be in characters that are at least 1.6 mm in height.

  • Marginal note:Exception — second container

    (3) If prepackaged fresh fruits or vegetables that are labelled in accordance with these Regulations 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 grade name if the grade name is readily discernible and legible without having to open the second container and the grade name is not obscured by the second container.

Marginal note:Size designation

 Fresh fruits or vegetables that are sent or conveyed from one province to another or imported must be labelled with the applicable size designation that is set out in the Compendium, if any. The size designation must

  • (a) be shown in close proximity to the grade name;

  • (b) in the case of prepackaged fresh fruits or vegetables, other than consumer prepackaged fresh fruits or vegetables,

    • (i) if their container is a reusable plastic container, be shown in characters that are at least 1.6 mm in height, or

    • (ii) if their container is not a reusable plastic container, be shown in characters of at least the minimum character height that is set out in paragraph 320(1)(b) for the grade name; and

  • (c) in the case of consumer prepackaged fresh fruits or vegetables, 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.

SUBDIVISION EProcessed Fruit or Vegetable Products

Marginal note:Size designation

  •  (1) A processed fruit or vegetable product that is sent or conveyed from one province to another or that is imported or exported must be labelled with any applicable size designation that is set out in the Compendium. The size designation must be shown in close proximity to the grade name in characters that are at least 1.6 mm in height.

  • Marginal note:Exception

    (2) Despite subsection (1), green or wax beans, peas, lima beans, asparagus tips or spears, whole white potatoes, whole carrots or cut carrots-whole style that are in a hermetically sealed package and have not been size graded or that are not all of the same size may be labelled, as the case may be, with the expression

    • (a) “Ungraded as to Size” or “non calibré”; or

    • (b) “Assorted Sizes” or “grosseurs assorties” or “Mixed Sizes” or “grosseurs mixtes”.

 
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