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Food and Drug Regulations (C.R.C., c. 870)

Regulations are current to 2022-06-20 and last amended on 2022-03-02. Previous Versions

PART BFoods (continued)

DIVISION 1 (continued)

General (continued)

  •  (1) For the purpose of subsection (2), the term fat used in the Table of Daily Values means all fatty acids expressed as triglycerides.

  • (2) The daily value for a nutrient in a food is

    • (a) in the case of a nutrient set out in column 1 of Part 1 of the Table of Daily Values, the quantity

      • (i) set out in column 2, if the food is intended solely for children one year of age or older but less than four years of age, and

      • (ii) set out in column 3, if the food is intended for children one year of age or older but less than four years of age or for children four years of age or older and adults; and

    • (b) in the case of a vitamin or mineral nutrient set out in column 1 of Part 2 of the Table of Daily Values, the quantity

      • (i) set out in column 2, if the food is intended solely for infants six months of age or older but less than one year of age,

      • (ii) set out in column 3, if the food is intended for infants six months of age or older but less than one year of age or for children one year of age or older but less than four years of age, and

      • (iii) set out in column 4, in any other case.

  • (3) Subsection (2) does not apply if the food is

    • (a) a human milk fortifier; or

    • (b) a human milk substitute intended solely for infants less than six months of age.

 Each provision in this Part in which the symbol [S] appears between the provision number and the name of the food described in that provision prescribes the standard of composition, strength, potency, purity, quality or other property of that food and a provision in which the symbol does not appear does not prescribe a standard for a food.

  • SOR/79-752, s. 1
  •  (1) For the purposes of this Part, a serving of stated size of a food shall be

    • (a) based on the food as offered for sale;

    • (b) in either of the following cases, the net quantity of the food in the package:

      • (i) if the quantity of food in the package can reasonably be consumed by one person at a single eating occasion, or

      • (ii) if the package contains less than 200% of the reference amount for the food; and

    • (c) in all other cases, the amount indicated for the food according to the criteria set out in column 3A of the Table of Reference Amounts.

  • (2) A serving of stated size of a food shall be expressed as follows:

    • (a) in the case of a single-serving prepackaged product to which paragraph (1)(b) applies, per package and using the following units:

      • (i) in grams, if the net quantity of the food is shown on the label by weight or by count, and

      • (ii) in millilitres, if the net quantity of the food is shown on the label by volume; and

    • (b) in the case of a multiple-serving prepackaged product to which paragraph (1)(c) applies, according to the following units set out in column 3B of the Table of Reference Amounts and according to the manner set out in that column:

      • (i) the household measure that applies to the product, and

      • (ii) the metric measure that applies to the product.

  • SOR/88-559, s. 2
  • SOR/2003-11, s. 3
  • SOR/2016-305, s. 3
  •  (1) The following foods shall carry a label when offered for sale:

    • (a) all prepackaged products other than

      • (i) prepackaged confections, commonly known as one bite confections, that are sold individually, and

      • (ii) prepackaged products consisting of fresh fruits or fresh vegetables that are packaged in a wrapper or confining band of less than 1/2 inch in width;

    • (b) meat and meat by-products that are barbecued, roasted or broiled on the retail premises;

    • (c) poultry, poultry meat or poultry meat by-products that are barbecued, roasted or broiled on the retail premises;

    • (d) horse-meat or horse-meat by-product;

    • (e) any substance or mixture of substances for use as a food additive or food additive preparation; and

    • (f) flour and whole wheat flour that has been treated with gamma radiation from Cobalt 60 Source.

  • (2) [Repealed, SOR/79-23, s. 2]

  • SOR/79-23, s. 2
  •  (1) All or part of the label referred to in section B.01.003 shall be applied

    • (a) in the case of a prepackaged product, to the container in which the prepackaged product is sold; and

    • (b) in the case of a food that is not a prepackaged product, to the food itself.

  • (2) The label shall be applied in such a manner that the container of the prepackaged product or the food, as the case may be, will bear the label at the time it is sold.

  • SOR/84-300, s. 3
  •  (1) Subject to subsections (2) to (5), the information required to be shown on a label shall not be shown on that part of the label, if any, that is applied to the bottom of a food or container.

  • (2) The information required to be shown on a label may be shown on that part of the label, if any, that is applied to the bottom of a food or to the bottom of a container if such information is also shown in those parts of the label that are not applied to the bottom of the food or container.

  • (3) Notwithstanding subsection (2), where the container of a prepackaged product is an ornamental container and the label is applied to the bottom of the container, the information required to be shown may be shown on the label that is applied to the bottom of the container.

  • (4) Despite subsection (2), the information required by subparagraph B.01.007(1.1)(b)(i) or paragraph B.24.103(g), B.25.020(1)(h), B.25.057(1)(f) or (2)(f) may be shown on that part of the label that is applied to the bottom of the package if a clear indication of the location of the required information appears elsewhere on the label.

  • (5) Notwithstanding subsection (2), the nutrition facts table may be shown on that part of the label that is applied to the bottom of the food or container if the available display surface includes the bottom.

  •  (1) The common name of the food shall be shown on the principal display panel.

  • (2) Notwithstanding subsection (1), the common name of a fresh fruit or fresh vegetable that is prepackaged in such a manner that the fruit or vegetable is visible and identifiable in the package is not required to be shown on the label.

  • SOR/79-23, s. 3
  • SOR/92-626, s. 5
  •  (1) In this section, packaging date means

    • (a) the date on which a food is placed for the first time in a package in which it will be offered for sale to a consumer; or

    • (b) the date on which a prepackaged product is weighed by a retailer in a package in which it will be offered for sale for the first time to a consumer.

  • (1.1) The following information shall be shown on any part of the label:

    • (a) the identity and principal place of business of the person by or for whom the food was manufactured or produced;

    • (b) where a prepackaged product having a durable life of 90 days or less is packaged at a place other than the retail premises from which it is to be sold,

      • (i) the durable life date, and

      • (ii) instructions for the proper storage of the prepackaged product if it requires storage conditions that differ from normal room temperature; and

    • (c) where a prepackaged product having a durable life of 90 days or less is packaged on the retail premises from which it is to be sold,

      • (i) the packaging date, and

      • (ii) the durable life of the food, except when the durable life appears on a poster next to the food.

  • (1.2) The packaging date referred to in paragraph (1.1)(c) shall be shown in the form and manner prescribed for the durable life date by subsections (4) and (5) and the terms “best before” and “meilleur avant” on the label shall be replaced by the terms “packaged on” and “empaqueté le”.

  • (2) Paragraph (1.1)(a) does not apply to fresh fruits or fresh vegetables that are prepackaged on retail premises in such a manner that the fruits or vegetables are visible and identifiable in the package.

  • (3) Paragraphs (1.1)(b) and (c) do not apply to

    • (a) prepackaged products consisting of fresh fruits or fresh vegetables;

    • (b) prepackaged individual portions of food that are served by a restaurant or other commercial enterprise with meals or snacks;

    • (c) prepackaged individual servings of food that are prepared by a commissary and sold by automatic vending machines or mobile canteens; or

    • (d) prepackaged donuts.

  • (4) The durable life date shall be shown in the following manner:

    • (a) the words “best before” and “meilleur avant” shall be shown grouped together with the durable life date unless a clear explanation of the significance of the durable life date appears elsewhere on the label;

    • (b) where, for the sake of clarity, it is necessary to show the year in which the durable life date occurs, the year shall be shown first and shall be expressed by at least the last two numbers of the year;

    • (c) the month shall be shown in words after the year, if the year is shown, and may be abbreviated as prescribed by subsection (5); and

    • (d) the day of the month shall be shown after the month and shall be expressed in numbers.

  • (5) The month of the durable life date, when abbreviated, shall be abbreviated as follows and only one such abbreviation shall be used for the English language and the French language:

    • JA 
      for JANUARY
    • FE 
      for FEBRUARY
    • MR 
      for MARCH
    • AL 
      for APRIL
    • MA 
      for MAY
    • JN 
      for JUNE
    • JL 
      for JULY
    • AU 
      for AUGUST
    • SE 
      for SEPTEMBER
    • OC 
      for OCTOBER
    • NO 
      for NOVEMBER
    • DE 
      for DECEMBER
  • (6) Except as otherwise provided in these Regulations, no person shall use a durable life date marking system on the label of a prepackaged product or in advertising a prepackaged product other than the marking system set out in this section.

  • (7) Paragraph (1.1)(b) does not apply to prepackaged fresh yeast, if

    • (a) the date on which it is estimated that the product has lost its effectiveness is shown on the label in the form and manner prescribed for the durable life date by subsections (4) and (5); and

    • (b) the terms “best before” and “meilleur avant” are replaced by the terms “use by” and “employez avant”.

  • SOR/79-23, s. 4
  • SOR/79-529, s. 2
  • SOR/88-291, s. 1
  • SOR/92-626, s. 6
  •  (1) The following information shall be shown grouped together on any part of the label:

    • (a) any information required by these Regulations, other than the information required to appear on the principal display panel or the nutrition facts table and the information required by sections B.01.007, B.01.301, B.01.305, B.01.311, B.01.503, B.01.513 and B.01.601 and paragraphs B.25.020(1)(e) and (f); and

    • (b) where a prepackaged product consists of more than one ingredient, a list of all ingredients, including, subject to section B.01.009, components, if any.

  • (2) Paragraph (1)(b) does not apply to

    • (a) prepackaged products packaged from bulk on retail premises, except prepackaged products that are a mixture of nuts;

    • (b) prepackaged individual portions of food that are served by a restaurant or other commercial enterprise with meals or snacks;

    • (c) prepackaged individual servings of food that are prepared by a commissary and sold by automatic vending machines or mobile canteens;

    • (d) prepackaged meat and meat by-products that are barbecued, roasted or broiled on the retail premises;

    • (e) prepackaged poultry, poultry meat or poultry meat by-products that are barbecued, roasted or broiled on the retail premises;

    • (f) Bourbon whisky and prepackaged products subject to compositional standards in Division 2; or

    • (g) prepackaged products subject to compositional standards in Division 19.

  • (3) Despite paragraph (1)(b), the following items are not required to be shown on the label of a prepackaged product:

    • (a) wax coating compounds and their components, used as an ingredient or component of prepackaged fresh fruit or vegetables;

    • (b) sausage casings, used as an ingredient or component of prepackaged sausages;

    • (c) hydrogen, used as an ingredient or component of a prepackaged product if used for hydrogenation purposes; and

    • (d) components of ingredients of a sandwich, if the sandwich is made with bread.

  • (4) to (10) [Repealed, SOR/2016-305, s. 4]

  • SOR/79-23, s. 5
  • SOR/88-559, s. 3
  • SOR/92-626, s. 7
  • SOR/93-145, s. 1
  • SOR/2003-11, s. 5
  • SOR/2011-28, s. 1
  • SOR/2016-305, s. 4
  • SOR/2021-57, s. 4
  •  (1) Information appearing on the label of a prepackaged product according to sections B.01.008.2 to B.01.010.4 shall be shown

    • (a) in a single colour of type that is a visual equivalent of 100% solid black type on a white background or a uniform neutral background with a maximum 5% tint of colour;

    • (b) in a single standard sans serif font that is not decorative and in a manner that the characters never touch each other or any differentiating feature under subsection B.01.008.2(2);

    • (c) in type of normal or condensed width that is not scaled down so that the characters take up less space horizontally and, if a nutrition facts table appears on the label, the width of type must be the same as that required for the type used to show the nutrients that appear in the nutrition facts table;

    • (d) in regular type, subject to paragraph B.01.008.2(1)(b), subparagraph B.01.010.3(1)(a)(ii) and paragraphs B.01.010.3(1)(c) and B.01.010.4(1)(c) and (d); and

    • (e) in type that is the same height that is not less than 1.1 mm with identical leading of not less than 2.5 mm.

  • (2) Despite paragraph (1)(a), a list of ingredients appearing on the label of the following prepackaged products is not required to be shown on a white background or a uniform neutral background with a maximum 5% tint of colour:

    • (a) a prepackaged product that is intended solely for use as an ingredient in the manufacture of other prepackaged products intended for sale to a consumer at the retail level or as an ingredient in the preparation of food by a commercial or industrial enterprise or an institution; and

    • (b) a prepackaged product that is a ready-to-serve multiple-serving prepackaged product intended solely to be served in a commercial or industrial enterprise or an institution.

  • (3) Despite paragraph (1)(e), if a nutrition facts table appears on the label of a prepackaged product and the type size of the nutrients shown in the table is not less than 8 points, the information appearing on the label must appear in type that is the same height that is not less than 1.4 mm with identical leading of not less than 3.2 mm.

  • (4) Despite paragraph (1)(e), a title that introduces a list of ingredients, a food allergen source, gluten source and added sulphites statement, as defined in subsection B.01.010.1(1), or a declaration referred to in subsection B.01.010.4(1) may be shown in type that is of a height that is greater than the height of the type used to show the ingredients in the list, the information in the statement or the information in the declaration, as the case may be.

  • (5) If more than one of the titles referred to in subsection (4) appears on a label, the characters of each title must be of the same height.

  • (6) For the purpose of this section, the height of type means the height of the lower case letter “x”.

  • SOR/2016-305, s. 5
 
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