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

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.

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 offered for sale must be applied or attached to the container in accordance with section 227.