Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

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

Regulations are current to 2019-07-01 and last amended on 2019-06-17. Previous Versions

PART 8Ministerial Exemptions (continued)

Marginal note:Cancellation

 The Minister may cancel an exemption if

  • (a) the Minister is of the opinion that to not cancel the exemption may result in a risk of injury to human health;

  • (b) in the case of an exemption referred to in subsection 175(2), the Minister is of the opinion that to not cancel the exemption may result in a risk of harm to interprovincial trade or export; or

  • (c) the person who has been granted the exemption does not comply with any condition to which the exemption is subject or any provision of the Act or these Regulations other than a provision in respect of which the exemption is granted.

PART 9Inspection Legends

Marginal note:Definition of inspection mark in Act

 The inspection legends that are set out in Figures 1 and 2 of Schedule 2 are prescribed for the purposes of the definition inspection mark in section 2 of the Act.

Marginal note:Edible meat products — Figure 1 of Schedule 2

  •  (1) A licence holder or an inspector is authorized to apply the inspection legend that is set out in Figure 1 of Schedule 2 to, and use it in connection with, an edible meat product, whether prepackaged or not, if the following conditions are met:

    • (a) the meat product was manufactured, processed, treated, preserved, packaged or labelled by the licence holder in accordance with the provisions of the Act and these Regulations;

    • (b) in the case where any meat product that it contains was manufactured, processed, treated, preserved, packaged or labelled in Canada, that activity was conducted by a licence holder in accordance with the provisions of the Act and these Regulations;

    • (c) in the case where the meat product is a livestock carcass or poultry carcass that was graded in Canada, or is derived from such a carcass, that activity was conducted by a grader in accordance with these Regulations;

    • (d) in the case where any meat product that it contains was imported, it was imported by a licence holder in accordance with the provisions of the Act and these Regulations;

    • (e) in the case where the meat product, or any meat product that it contains, is derived from food animals that were slaughtered in Canada, the food animals were slaughtered by a licence holder in accordance with the provisions of the Act and these Regulations;

    • (f) the meat product complies with the standards that are set out in Volume 7 of the Standards of Identity Document and meets the requirements that are set out in paragraphs 8(1)(a) to (d) and in Division 7 of Part 6; and

    • (g) the inspection legend is applied or used in an establishment that is identified in the licence holder’s licence, unless the meat product is intended to be exported and the inspection legend is applied to the conveyance or used in connection with the conveyance in which the meat product is exported.

  • Marginal note:Edible meat products — Figure 2 of Schedule 2

    (2) A licence holder or an inspector is authorized to apply the inspection legend that is set out in Figure 2 of Schedule 2 to, and use it in connection with, an edible prepackaged meat product if the conditions set out in subsection (1) are met and the container of the meat product

    • (a) is a hermetically sealed package that is labelled in a legible and permanent manner so as to make it possible to identify the establishment that is identified in the licence holder’s licence;

    • (b) is a casing or bag that is closed by a clip, if the number identifying the licence holder’s establishment is legibly engraved on the clip and is visible when the clip is closed; or

    • (c) bears the number identifying the licence holder’s establishment on the label except if it is shown on any part of the label that is applied or attached to the bottom of the container.

  • Marginal note:Exception — export under section 16

    (3) In the case of the export of a meat product under subsection 16(1), the requirements of subsections (1) and (2) must be met except any requirement that is set out in paragraph (1)(f) in the case where it is the unmet requirement referred to in subsection 16(1).

  • Marginal note:Exception — dressed beef carcass side

    (4) Despite paragraph (1)(f), a licence holder is authorized to apply, after the post-mortem inspection or examination and before refrigeration, in the manner set out in paragraph 151(a) or (b), the inspection legend set out in Figure 1 of Schedule 2 to a dressed beef carcass side containing dorsal root ganglia if the carcass side has been clearly marked to identify it as containing dorsal root ganglia. The dorsal root ganglia must be removed from the carcass side before any meat product derived from it is identified as edible.

Marginal note:Processed egg products

 A licence holder or an inspector is authorized to apply the inspection legend that is set out in Figure 1 of Schedule 2 to, and use it in connection with, a prepackaged processed egg product if the following conditions are met:

  • (a) the processed egg product was manufactured, processed, treated, preserved, packaged or labelled by the licence holder in accordance with the provisions of the Act and these Regulations;

  • (b) if the processed egg product or any processed egg product that it contains was manufactured, processed, treated, preserved, packaged or labelled in Canada, that activity was conducted by a licence holder in accordance with the provisions of the Act and these Regulations;

  • (c) if the eggs from which the processed egg product is derived were processed, treated, preserved, graded, packaged or labelled in Canada, that activity was conducted by a licence holder in accordance with the provisions of the Act and these Regulations;

  • (d) the processed egg product complies with the standards that are set out in Volume 2 of the Standards of Identity Document and meets the requirements that are set out in paragraphs 8(1)(a) to (d) and in Division 4 of Part 6; and

  • (e) the inspection legend is applied or used in an establishment that is identified in the licence holder’s licence.

Marginal note:Fish

 A licence holder or an inspector is authorized to apply the inspection legend that is set out in Figure 1 or 2 of Schedule 2 to, and use it in connection with, prepackaged fish if the following conditions are met:

  • (a) the fish was manufactured, processed, treated or preserved by the licence holder in accordance with the provisions of the Act and these Regulations;

  • (b) if the fish or any fish that it contains was manufactured, processed, treated, preserved, graded, packaged or labelled in Canada, that activity was conducted by a licence holder in accordance with the provisions of the Act and these Regulations; and

  • (c) the fish complies with the standards that are set out set out in Volume 3 of the Standards of Identity Document and meets the requirements that are set out in paragraphs 8(1)(a) to (d) and in Division 5 of Part 6.

Marginal note:Number identifying establishment

 A licence holder or an inspector who applies or uses the inspection legend that is set out in Figure 1 of Schedule 2 must replace the numbers “00” with the number identifying the licence holder’s establishment.

Marginal note:Authorized use

  •  (1) The following persons are authorized to use the inspection legends that are set out in Figures 1 and 2 of Schedule 2:

    • (a) printers of labels, other than printers of official export labels, and manufacturers of packages, if the labels and packages that bear the inspection legend are provided to any person who is authorized under any of sections 180 to 182 to apply and use the inspection legend;

    • (b) printers of official export labels, if the labels that bear the inspection legend are provided to an inspector;

    • (c) publishers of documents on the subject of the inspection of meat products, processed egg products or fish;

    • (d) publishers of documents that advertise meat products, processed egg products or fish; and

    • (e) manufacturers of stamps, if the stamps that bear the inspection legend are provided to any person who is authorized under any of sections 180 to 182 to apply and use the inspection legend.

  • Marginal note:Advertising and sale

    (2) Any person who is authorized under subsection (1) to use an inspection legend is also authorized to advertise the labels, packages, documents and stamps, as the case may be, which bear the inspection legend and to sell them.

Marginal note:Advertising and sale of certain foods

 Any person is authorized to advertise and sell a meat product, prepackaged processed egg product or prepackaged fish to which an inspection legend has been applied or in connection with which an inspection legend is used, if the inspection legend was applied or is used in accordance with these Regulations. This includes using an inspection legend set out in Figures 1 and 2 of Schedule 2 for advertising the meat product, prepackaged processed egg product or prepackaged fish.

PART 10Packaging

DIVISION 1General

Marginal note:Requirements for packages

 A prepackaged food that is sent or conveyed from one province to another or that is imported or exported must meet the following requirements:

  • (a) its package

    • (i) must be suitable for its intended use and appropriate for the food,

    • (ii) must be capable of protecting the food against moisture, loss, damage, contamination and deterioration during normal handling, storing and conveying,

    • (iii) must be clean and in a sanitary condition,

    • (iv) must be of sound construction,

    • (v) must be free from odours that might affect the food,

    • (vi) must not impart any undesirable substance to the food,

    • (vii) must not have a design or mark, or be of a colour, that enhances the appearance of the food with respect to its quality or composition, and

    • (viii) must be new, in the case of

      • (A) a liner that is used in connection with a processed egg product,

      • (B) a package of a processed egg product, if the package is made of corrugated fibreboard,

      • (C) an egg carton of eggs that are graded in accordance with these Regulations, and

      • (D) a tray of eggs that are graded Canada A or Canada B that is made of molded pulp;

  • (b) in the case of a processed egg product, its package must, if it has previously been used and is not constructed of corrosion-resistant material, be lined with a sanitary plastic or equivalent liner;

  • (c) in the case of eggs that are graded in accordance with these Regulations, its package must, if it is a plastic tray that has previously been used, be sanitized and dry before reuse; and

  • (d) in the case of eggs that are graded Canada A or Canada B, its package must not have previously been used to package ungraded eggs or eggs that are graded Canada Nest Run.

 
Date modified: