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

Marginal note:Production of documents

• 91 (1) Any person who has received a request from the Minister for a document referred to in section 90, or any part of such a document, must provide it to the Minister

  • (a) within 24 hours after receipt of the request, or within

    • (i) any shorter period that is specified by the Minister, if the Minister believes that it is necessary in order to identify or respond to a risk of injury to human health associated with a food commodity, or

    • (ii) any longer period that is specified by the Minister, if the Minister believes that the document is not necessary for a recall that is or may be ordered under subsection 19(1) of the Canadian Food Inspection Agency Act; and

  • (b) if provided electronically, in a single file and in plain text that is capable of being imported into and manipulated by standard commercial software.

• Marginal note:Definition of plain text

  (2) In paragraph (1)(b), plain text means data that is not encrypted and whose semantic content is available.

Marginal note:Labelling

• 92 (1) Any person referred to in subsection 90(1) or (2) must ensure that a label that bears the information specified in paragraph 90(1)(a) is applied or attached to any food, or accompanies any food, that is provided to another person.

• Marginal note:Consumer prepackaged food

  (2) In the case of consumer prepackaged food that is not packaged at retail, the unique identifier referred to in paragraph 90(1)(a) must be a lot code.

• Marginal note:Exception

  (3) Subsections (1) and (2) do not apply in respect of

  • (a) a food at the time of its export;

  • (b) a food, other than a consumer prepackaged food, at the time of its sale at retail; or

  • (c) a prepackaged food described in paragraphs 213(a) to (c) at the time of its sale at retail.

• Marginal note:Exception — foods described in paragraphs 219(1)(a) and (b)

  (4) Despite subsection (1), any food described in paragraph 219(1)(a) or (b) is not required to be labelled with the common name of the food at the time of its sale at retail.

• Marginal note:Exception — foods described in section 220

  (5) Despite subsection (1), any food described in section 220 is not required to be labelled with the name and principal place of business of the person by or for whom the food was manufactured, prepared, produced, stored, packaged or labelled.

PART 6Commodity-specific Requirements

DIVISION 1Application

Marginal note:Application — import, interprovincial trade and export

• 93 (1) The requirements of this Part apply in respect of

  • (a) any foods that have been imported or any foods that are to be sent or conveyed from one province to another or exported; and

  • (b) any food animals from which meat products that are to be sent or conveyed from one province to another or exported may be derived.

• Marginal note:Application — food animals

  (2) The requirements of sections 128 to 136 apply in respect of food animals that are in an establishment that is identified in a licence to slaughter.

DIVISION 2Dairy Products

Marginal note:Preparation

94 Any milk or cream that is used in preparing a dairy product that is to be sent or conveyed from one province to another or exported must meet the applicable requirements of the legislation of the province in which the dairy product is prepared.

DIVISION 3Eggs

Marginal note:Pasteurization

• 95 (1) A licence holder may pasteurize eggs in the shell only if they are graded Canada A or Grade A.

• Marginal note:Import — eggs pasteurized in shell

  (2) Eggs that are pasteurized in the shell and that are imported must have been graded Grade A before pasteurization.

Marginal note:Import — foreign official document

96 The holder of a licence to import may import eggs only if the licence holder provides an inspector with an official document issued by the foreign state, in a form approved by the President, that states that the eggs meet the requirements that are set out in the Act and these Regulations.

Marginal note:Import — Grade C or Grade Nest Run

97 A licence holder who imports eggs that are graded Grade C or Grade Nest Run must deliver them directly to an establishment where eggs are processed and treated by a licence holder.

Marginal note:Import — ungraded eggs

• 98 (1) Despite subsection 306(1), a licence holder may import ungraded eggs if they

  • (a) before the import, notify the Minister in writing of the quantity of ungraded eggs that are intended to be imported, the date of the import and the name of the licence holder and address of the establishment referred to in paragraph (c);

  • (b) package them in a container that is labelled with the expression “Ungraded Eggs” or “oeufs non classifiés”; and

  • (c) deliver them directly to an establishment where eggs are processed and treated by a licence holder.

• Marginal note:Removal — imported ungraded eggs

  (2) Any imported ungraded eggs delivered to an establishment referred to in paragraph (1)(c) may be removed from that establishment if

  • (a) the eggs have been processed and treated by a licence holder; or

  • (b) the eggs are delivered directly to another establishment where eggs are processed and treated by a licence holder.

Marginal note:Interprovincial trade

• 99 (1) Any person who sends or conveys any of the following from one province to another must deliver them to an establishment where eggs are processed and treated by a licence holder:

  • (a) eggs that are graded Canada A or Canada B that bear an ink mark that consists of the word “dyed” or “teint” or a deposit of ink that is applied to an egg’s shell by the holder of a licence to grade eggs;

  • (b) eggs that are graded Canada C;

  • (c) eggs that are graded Grade C or Grade Nest Run that are imported; and

  • (d) ungraded eggs that are imported in accordance with subsection 98(1).

• Marginal note:Interprovincial trade — Canada Nest Run

  (2) Any person who sends or conveys eggs that are graded Canada Nest Run from one province to another must deliver them to an establishment where either eggs are graded or eggs are processed and treated by a licence holder.

• Marginal note:Interprovincial trade — ungraded eggs

  (3) Despite subsection 306(1), any person may send or convey from one province to another ungraded eggs, other than eggs that are rejected in accordance with subsection 333(1) or eggs that are imported in accordance with subsection 98(1), if the person

  • (a) packages them in a container that is labelled with the expression “Ungraded Eggs” or “oeufs non classifiés”; and

  • (b) delivers them to an establishment where either eggs are graded or eggs are processed and treated by a licence holder.

Marginal note:Ink

100 If a licence holder applies ink to an egg’s shell, the ink must be fast-drying and indelible and it must not present a risk of injury to human health.

Marginal note:Trays

101 Before sending plastic trays to an egg producer, a licence holder must clean, sanitize and dry them.

DIVISION 4Processed Egg Products

Marginal note:Processing and treating eggs

• 102 (1) A licence holder may process and treat eggs only if they

  • (a) are edible;

  • (b) do not emit an abnormal odour;

  • (c) are not mouldy;

  • (d) have not been in an incubator;

  • (e) do not have an internal defect, other than a particle of the oviduct or a blood spot neither of which exceeds 3 mm in diameter;

  • (f) are not leakers, except if they become leakers while being transferred to the egg-breaking equipment and they are prepared in a manner that prevents the contamination of the processed egg product; and

  • (g) are free from dirt and other foreign matter.

• Marginal note:Processing and treating processed egg products

  (2) A licence holder may process and treat processed egg products only if they are derived from eggs that meet the requirements of paragraphs (1)(a) to (g).

Marginal note:Temperature

• 103 (1) A processed egg product that is to be sent or conveyed from one province to another or exported and that is processed or treated in an establishment that is identified in a licence must have been chilled to 4°C or less before being removed from the establishment, if it is a

  • (a) liquid whole egg;

  • (b) liquid yolk;

  • (c) liquid egg white or liquid albumen;

  • (d) liquid whole egg mix;

  • (e) liquid yolk mix; and

  • (f) liquid egg product.

• Marginal note:Exception

  (2) Despite subsection (1), the Minister may, in writing, authorize any person to remove a processed egg product that has not been chilled to 4°C or less if the Minister is of the opinion that no risk of injury to human health will result.

Marginal note:Import — foreign official document

104 The holder of a licence to import may import a processed egg product only if the licence holder provides an inspector with an official document issued by the foreign state, in a form approved by the President, that states that the processed egg product meets the requirements that are set out in the Act and these Regulations.

DIVISION 5Fish

Marginal note:Prohibition — import of mitten crab or puffer fish

• 105 (1) It is prohibited for a person to import

  • (a) a live, freshwater mitten crab of the genus Eriocheir; or

  • (b) a puffer fish of the family Tetraodontidae.

• Marginal note:Exception — personal use

  (2) Section 19 of the Act does not apply in respect of an import referred to in subsection (1).

Marginal note:Import of live or raw shellfish

• 106 (1) The holder of a licence to import may import live or raw shellfish only if

  • (a) the foreign state in which the shellfish is harvested, manufactured, prepared, stored, packaged or labelled, as the case may be, has, at the time the activity is conducted, an inspection system for the shellfish that is recognized under Part 7;

  • (b) the foreign state from which the shellfish is imported has, at the time of the import, an inspection system for shellfish that is recognized under Part 7; and

  • (c) any establishment where the shellfish was manufactured, prepared, stored, packaged or labelled has, at the time that the activity is conducted and at the time of the import, a system for manufacturing, preparing, storing, packaging or labelling, as the case may be, that complies with an inspection system for shellfish that is recognized under Part 7.

• Marginal note:Exception

  (2) The conditions in paragraphs (1)(a) to (c) do not apply in respect of the import of the adductor muscles of scallops or the meat of geoducks.

Marginal note:Shellfish

• 107 (1) A licence holder may manufacture, prepare, store, package or label shellfish that is to be exported or sent or conveyed from one province to another only if the shellfish is harvested in an area

  • (a) that has been classified under the Canadian Shellfish Sanitation Program and that is not subject to an order prohibiting fishing issued under the Management of Contaminated Fisheries Regulations; or

  • (b) that is subject to an order prohibiting fishing issued under the Management of Contaminated Fisheries Regulations but the shellfish has been decontaminated in accordance with the decontamination plan submitted in connection with a licence to fish for food purposes issued under those Regulations.

• Marginal note:Exception

  (2) The conditions in paragraphs (1)(a) and (b) do not apply in respect of the manufacturing, preparing, storing, packaging or labelling of the adductor muscles of scallops or the meat of geoducks.