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

Regulations are current to 2022-01-12 and last amended on 2022-01-05. Previous Versions

PART BFoods (continued)

DIVISION 20Tea

 [S]. Tea shall be the dried leaves and buds of Thea sinensis (L.) Sims prepared by the usual trade processes.

 [S]. Black Tea shall be black tea or a blend of two or more black teas and shall contain, on the dry basis, not less than 30 per cent water-soluble extractive, as determined by official method FO-37, Determination of Water-Soluble Extractive in Tea, October 15, 1981, and not less than four per cent and not more than seven per cent total ash.

  • SOR/82-768, s. 61

 The provisions of B.20.002 do not apply to original unblended black tea that contains, on the dry basis, not less than 25 per cent water-soluble extractive, as determined by official method FO-37, Determination of Water-Soluble Extractive in Tea, October 15, 1981, and not less than four per cent and not more than seven per cent total ash, and is packaged according to good commercial practice in the country of origin.

  • SOR/82-768, s. 61

 [S]. Green Tea shall contain, on the dry basis, not less than 33 per cent water-soluble extractive, as determined by official method FO-37, Determination of Water-Soluble Extractive in Tea, October 15, 1981, and not less than four per cent and not more than seven per cent total ash.

  • SOR/82-768, s. 61

 [S]. Decaffeinated (indicating the type of tea)

  • (a) shall be tea of the type indicated, from which caffeine has been removed and that, as a result of the removal, contains not more than 0.4 per cent caffeine; and

  • (b) may have been decaffeinated by means of extraction solvents set out in Table XV to Division 16.

  • SOR/90-429, s. 2

DIVISION 21Marine and Fresh Water Animal Products

 The foods referred to in this Division are included in the term marine and fresh water animal products.

 In this Division,

filler

filler means

  • (a) flour or meal prepared from grain or potato, but not from a legume,

  • (b) processed wheat flour containing not less than the equivalent of 80 per cent dextrose, as determined by official method FO-32, Determination of Fillers, Binders and Dextrose Equivalent, October 15, 1981,

  • (c) bread, biscuit or bakery products, but not those containing or made with a legume,

  • (d) milk powder, skim milk powder, buttermilk powder or whey powder, and

  • (e) starch; (remplissage)

Marine and fresh water animal

Marine and fresh water animal includes

  • (a) fish,

  • (b) crustaceans, molluscs, other marine invertebrates,

  • (c) marine mammals, and

  • (d) frogs. (animaux marins et animaux d’eau douce)

  • SOR/82-768, s. 62

 [S]. Fish shall be the clean, dressed edible portion of fish, with or without salt or seasoning, and may

  • (a) in the case of frozen fillets, contain ascorbic acid or its sodium salt, citric acid, or erythorbic acid or its sodium salt, and

    • (i) sodium tripolyphosphate, sodium hexametaphosphate or a combination of sodium tripolyphosphate, sodium acid pyrophosphate and sodium pyrophosphate tetrabasic, or

    • (ii) a mixture of sodium hexametaphosphate and sodium carbonate;

  • (b) if frozen, have a glaze consisting of water, acetylated monoglycerides, calcium chloride, sodium alginate, sodium carboxymethyl cellulose, sodium phosphate (dibasic), corn syrup, dextrose, glucose, glucose solids, ascorbic acid or its sodium salt or erythorbic acid or its sodium salt; and

  • (c) if frozen minced, contain sodium tripolyphosphate, sodium hexametaphosphate, ascorbic acid or its sodium salt, citric acid, erythorbic acid or its sodium salt, or a combination of sodium tripolyphosphate, sodium acid pyrophosphate and sodium pyrophosphate tetrabasic.

  • SOR/84-300, s. 53
  • SOR/88-534, s. 7
  • SOR/91-149, s. 4
  • SOR/97-562, s. 2
  • SOR/2000-353, s. 9(F)
  • SOR/2017-18, s. 6(F)

 [S]. In this Division, meat shall be the clean, dressed flesh of crustaceans, molluscs, other marine invertebrates and marine mammals, whether minced or not, with or without salt or seasoning, and in the case of frozen lobster, frozen crab, frozen shrimp and frozen clams, may contain sodium tripolyphosphate or sodium hexametaphosphate or a combination of sodium 0hexametaphosphate and sodium carbonate or a combination of sodium tripolyphosphate, sodium acid pyrophosphate and sodium pyrophosphate tetrabasic.

  • SOR/88-534, s. 8
  • SOR/91-149, s. 5

 Fish, except fish protein, and meat products or preparations thereof are adulterated if any of the following substances or any substance in one of the following classes is present therein or has been added thereto:

  • (a) mucous membranes, any organ or portion of the genital system, or any organ or portion of a marine or fresh water animal that is not commonly sold as an article of food;

  • (b) preservatives, other than those provided for in this Division, except

    • (i) sorbic acid or its salts in dried fish that has been smoked or salted, and in cold processed smoked and salted fish paste, and

    • (ii) benzoic acid or its salts, methyl-p-hydroxy benzoate and propyl-p-hydroxy benzoate in marinated or similar cold-processed, packaged fish and meat products; and

  • (c) food colour except as provided for in this Division.

  • SOR/2017-18, ss. 7(F), 20(F)

 [S]. Prepared fish or prepared meat shall be the whole or minced food prepared from fresh or preserved fish or meat respectively, may be canned or cooked, and may,

  • (a) in the case of lobster paste and fish roe (caviar), contain food colour;

  • (b) in the case of canned shellfish, canned spring mackerel and frozen cooked shrimp, contain citric acid or lemon juice;

  • (c) in the case of fish paste, contain filler, fish binder, monoglycerides or mono and diglycerides;

  • (d) in the case of canned crabmeat, lobster, salmon, shrimp and tuna, contain aluminum sulphate and calcium disodium ethylenediaminetetraacetate;

  • (e) in the case of canned tuna, contain ascorbic acid;

  • (f) in the case of canned seafoods, contain sodium acid pyrophosphate, sodium hexametaphosphate or sodium tripolyphosphate, singly, or in combination, at a maximum level of total added phosphate not to exceed 0.5%, calculated as sodium phosphate, dibasic;

  • (g) contain liquid smoke flavour or liquid smoke flavour concentrate;

  • (h) contain edible oil, vegetable broth and tomato sauce or puree;

  • (i) contain a gelling agent if the principal display panel carries the word “jellied” as an integral part of the common name;

  • (j) contain salt;

  • (k) in the case of canned clams, canned sea snails and canned snails, contain calcium disodium ethylenediaminetetraacetate;

  • (l) in the case of canned flaked tuna, contain sodium sulphite;

  • (m) in the case of lumpfish caviar, contain tragacanth gum;

  • (n) in the case of a blend of prepared fish and prepared meat that has the appearance and taste of the flesh of a marine or freshwater animal, contain filler, fish binder, whole egg, egg-white, egg-yolk, food colour, gelling or stabilizing agents, texture-modifying agents, natural and artificial flavouring preparations, pH-adjusting agents, sweetener and, in a proportion not exceeding two per cent of the blend, a legume;

  • (o) in the case of crustaceans, contain potassium bisulphite, potassium metabisulphite, sodium bisulphite, sodium dithionite, sodium metabisulphite, sodium sulphite or sulphurous acid;

  • (p) in the case of frozen crustaceans and molluscs, contain calcium oxide and sodium hydroxide;

  • (q) in the case of frozen pre-cooked battered or breaded fish products, contain citric acid at a level of use not exceeding 0.1 per cent;

  • (r) in the case of canned clams, contain sodium erythorbate at a level of use not exceeding 350 parts per million;

  • (s) in the case of minced products, other than lumpfish caviar, contain tragacanth gum at a level of use not exceeding 0.75 per cent; and

  • (t) contain a Class II preservative.

  • SOR/80-13, s. 9
  • SOR/81-60, s. 12
  • SOR/84-602, s. 4
  • SOR/86-1020, s. 2
  • SOR/89-197, s. 2
  • SOR/92-344, s. 6
  • SOR/93-276, s. 13
  • SOR/94-141, s. 2
  • SOR/94-567, s. 3
  • SOR/94-689, s. 2(E)
  • SOR/97-151, s. 27
  • SOR/97-562, s. 3
  • SOR/2005-316, s. 12
  • SOR/2007-76, s. 4
  • SOR/2011-280, s. 9
  • SOR/2012-43, s. 46
  • SOR/2017-18, ss. 8, 9(F), 17
  • SOR/2018-69, s. 6

 [S]. Fish binder for use in or upon prepared fish or prepared meat shall be filler with any combination of salt, sugar, dextrose, glucose, spices and other seasonings.

  • SOR/2017-18, s. 10(F)
  • SOR/2018-69, s. 7(F)

 No person shall sell filler or a fish binder represented for use in fish products either by label or in any advertisement unless the label carries adequate directions for use in accordance with the limits provided in section B.21.020.

 Powdered hydrogenated cottonseed oil in an amount not greater than 0.25 per cent of the product may be applied as a release agent to the surface of marine and fresh water animal products.

  • SOR/2010-142, s. 59(F)

Prepared Fish

 No person shall sell prepared fish or prepared meat that contains more than

  • (a) that amount of filler, fish binder or other ingredients that is represented by four per cent reducing sugars, calculated as dextrose, as determined by official method FO-32, Determination of Fillers, Binders and Dextrose Equivalent, October 15, 1981; and

  • (b) 70 per cent moisture where such prepared fish contains filler.

  • SOR/82-768, s. 63
  • SOR/2017-18, s. 20(F)

 [S]. Preserved fish or preserved meat shall be cooked or uncooked fish or meat that is dried, salted, pickled, cured or smoked and may contain a Class I preservative, a Class II preservative, dextrose, glucose, spices, sugar and vinegar, and

  • (a) dried fish that has been smoked or salted, and cold-processed smoked and salted fish paste may contain sorbic acid or its salts;

  • (b) smoked fish may contain food colour;

  • (c) packaged fish and meat products that are marinated or otherwise cold-processed may contain saunderswood (sandalwood), benzoic acid or its salts, methyl-p-hydroxy benzoate and propyl-p-hydroxy benzoate;

  • (d) salted anchovy, salted scad and salted shrimp may contain erythrosine in such amount as will result in the finished product containing not more than 125 parts per million of erythrosine; and

  • (e) minced products may contain tragacanth gum at a level of use not exceeding 0.75 per cent.

  • SOR/95-493, s. 2
  • SOR/97-562, s. 4(F)
  • SOR/2007-76, s. 5
  • SOR/2011-280, s. 10
  • SOR/2017-18, ss. 11(F), 17, 20(F)
  • SOR/2018-69, s. 8(F)

 [Repealed, SOR/79-252, s. 4]

 Notwithstanding section B.21.020 lobster paste shall not contain more than two per cent filler or fish binder.

 No person shall sell marine and fresh water animals, or marine and fresh water animal products, that are packed in a container that has been sealed to exclude air and that are smoked or to which liquid smoke flavour or liquid smoke flavour concentrate has been added, unless

  • (a) the container has been heat-processed after sealing at a temperature and for a time sufficient to destroy all spores of the species Clostridium botulinum;

  • (b) the contents of the container contain not less than nine per cent salt, as determined by official method FO-38, Determination of Salt in Smoked Fish, dated March 15, 1985;

  • (c) the contents of the container are customarily cooked before eating; or

  • (d) the contents of the container are frozen and the principal display panel of the label of the container carries the statement “Keep Frozen Prior to Use” in the same size type used for the common name of the contents of the container.

  • SOR/80-13, s. 10
  • SOR/82-566, s. 5
  • SOR/82-768, s. 64
  • SOR/89-198, s. 17
  • SOR/94-567, s. 4

 [S]. Fish Protein

  • (a) shall be the food prepared by

    • (i) extracting water, fat and other soluble components through the use of isopropyl alcohol from fresh whole edible fish of the order Clupeiformes, families Clupeidae and Osmeridae and the order Gadiformes, family Gadidae, or from trimmings resulting from the filleting of such fish when eviscerated, and

    • (ii) drying and grinding the protein concentrate resulting from the operation described in subparagraph (i);

  • (b) may contain a pH adjusting agent; and

  • (c) shall not contain

    • (i) less than 75 per cent protein, which protein shall be at least equivalent to casein in protein quality, as determined by official method FO-1, Determination of Protein Rating, October 15, 1981.

    • (ii) and (iii) [Repealed, SOR/97-148, s. 8]

  • SOR/82-768, s. 65
  • SOR/97-148, s. 8

Froglegs

 No person shall sell fresh or frozen froglegs unless they are free from bacteria of the genus Salmonella, as determined by official method MFO-10, Microbiological Examination of Froglegs, November 30, 1981.

  • SOR/82-768, s. 66

DIVISION 22Poultry, Poultry Meat, Their Preparations and Products

 [S]. Poultry shall be any bird that is commonly used as food.

 [S]. Poultry meat shall be the clean, dressed flesh including the heart and gizzard of eviscerated poultry that is healthy at the time of slaughter.

  • SOR/80-13, s. 11

 [S]. Poultry meat by-product shall be the clean parts of poultry other than poultry meat commonly used as food and includes liver and skin but excludes the oesophagus, feet and head.

  • SOR/80-13, s. 12

 [S]. Giblets shall be the heart, liver and gizzard of poultry.

 
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