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 2019-12-03 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.

 
Date modified: