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

Regulations are current to 2022-11-16 and last amended on 2022-09-27. Previous Versions

PART BFoods (continued)

DIVISION 29Supplemented Foods (continued)

Nutrition Labelling (continued)

Presentation of Additional Information
  •  (1) If information referred to in column 1 of the table to section B.29.003 is included in a supplemented food facts table that is set out in a version consisting of a table in English and a table in French or a table in English or French, that information must be displayed

    • (a) in accordance with the order of presentation, the use of indents and the presentation of footnotes illustrated in Figures 18.1(E) and (F) of the Directory of SFFT Formats; and

    • (b) in respect of matters other than those referred to in paragraph (a), in accordance with the format that is specified in the applicable figure in the Directory of SFFT Formats.

  • (2) If information referred to in column 1 of the table to section B.29.003 is included in a supplemented food facts table that is set out in a version consisting of a table in both English and French, that information must be displayed

    • (a) in accordance with the order of presentation, the use of indents and the presentation of footnotes illustrated in Figure 19.1(B) of the Directory of SFFT Formats; and

    • (b) in respect of matters other than those referred to in paragraph (a), in accordance with the format that is specified in the applicable figure in the Directory of SFFT Formats.

  • (3) Despite paragraph (1)(a), the use of indents illustrated in Figures 18.1(E) and (F) of the Directory of SFFT Formats is not applicable if information referred to in column 1 of the table to section B.29.003 is set out in the linear format referred to in paragraph B.29.009(3)(c) or the simplified linear format referred to in paragraph B.29.010(3)(c).

Alternative Methods of Presentation
  •  (1) Despite section A.01.016 and subject to subsection (2), a supplemented food facts table that meets the conditions specified in subsection B.29.009(3), B.29.010(3) or B.29.011(3) or paragraph B.29.013(2)(a) may be set out on

    • (a) a tag attached to the package;

    • (b) a package insert;

    • (c) the inner side of a label;

    • (d) a fold-out label; or

    • (e) an outer sleeve, overwrap or collar.

  • (2) The supplemented food facts table must not be set out in a manner described in paragraph (1)(b) or (c) if the label of the supplemented food is required to show a list of cautionary statements.

  • (3) If the supplemented food facts table is set out in a manner described in paragraph (1)(b) or (c), the outer side of the label of the package must indicate in a type size of not less than 8 points where the supplemented food facts table is located.

  • (4) If the supplemented food facts table is set out in a manner described in subsection (1), it must be set out

    • (a) in the case of a supplemented food described in subsection B.29.009(3), in a version that is described in paragraph B.29.009(3)(a), (b) or (c) or that is listed in column 1 of the table to section B.29.009;

    • (b) in the case of a supplemented food described in subsection B.29.010(3), in a version that is described in paragraph B.29.010(3)(a), (b) or (c) or that is listed in column 1 of the table to section B.29.010;

    • (c) in the case of a supplemented food described in subsection B.29.011(3), in a version that is described in paragraph B.29.011(3)(a), (b) or (c) or that is listed in column 1 of the table to section B.29.011; and

    • (d) in the case of a prepackaged product containing an assortment of supplemented foods described in paragraph B.29.013(2)(a), in a version that is described in subparagraph B.29.013(2)(a)(i) or that is listed in column 1 of the table to section B.29.013.

Small Packages
  •  (1) Despite section A.01.016 and subject to subsection (2), if the available display surface of a supplemented food is less than 100 cm2, the label of the supplemented food need not carry a supplemented food facts table if the outer side of the label contains an indication of how a purchaser or consumer may obtain the information that would otherwise be required to be set out in a supplemented food facts table on the label of the supplemented food.

  • (2) Subsection (1) does not apply to a supplemented food

    • (a) if the label of the supplemented food is required to show a list of cautionary statements; or

    • (b) that is the subject of any of the following representations on the label of the supplemented food or in any advertisement for the supplemented food that is made or placed by or on the direction of the manufacturer of the supplemented food:

      • (i) any declaration of the supplemented food’s energy value or the amount of a nutrient or supplemental ingredient contained in the supplemented food,

      • (ii) any representation that expressly or implicitly indicates that the supplemented food or any substance it contains has particular nutritional or health-related properties, including any statement or claim set out in column 4 of the Table of Permitted Nutrient Content Statements and Claims or column 1 of the table following section B.01.603 or referred to in section B.01.311, D.01.006 or D.02.004, and

      • (iii) any health-related statement, name, logo, symbol, seal of approval or mark.

  • (3) Despite paragraph (2)(b), subsection (1) applies to a supplemented food that meets the conditions set out in column 2 of item 37 of the Table of Permitted Nutrient Content Statements and Claims for the subject “Free of sugars” set out in column 1 if

    • (a) the supplemented food is not the subject of any representation referred to in paragraph (2)(b) other than

      • (i) a statement or claim set out in column 4 of item 37 of the Table of Permitted Nutrient Content Statements and Claims for the subject “Free of sugars” set out in column 1,

      • (ii) the energy value of the supplemented food expressed in Calories per serving of stated size, and

      • (iii) the amount of sugar alcohols expressed in grams per serving of stated size;

    • (b) the statement or claim set out in column 4 of item 37 of the Table of Permitted Nutrient Content Statements and Claims for the subject “Free of sugars” set out in column 1 and that appears on the label is

      • (i) legibly set out on the principal display panel,

      • (ii) in lower case letters except for the first letter of each word of the statement or claim, which may be an upper case letter,

      • (iii) of at least the same size and prominence as the letters used in the numerical portion of the declaration of net quantity as required under paragraph 229(1)(a) and subsections 229(2) and (3) of the Safe Food for Canadians Regulations, and

      • (iv) displayed in a colour contrasting with the background of the label;

    • (c) the energy value of the supplemented food expressed in Calories per serving of stated size and the amount of sugar alcohols expressed in grams per serving of stated size are shown immediately after whichever of the following elements appears last on the label:

      • (i) the list of ingredients,

      • (ii) a food allergen source, gluten source and added sulphites statement as defined in subsection B.01.010.1(1),

      • (iii) a declaration referred to in subsection B.01.010.4(1), or

      • (iv) any statement referred to in subsection B.01.014(1);

    • (d) the label of the supplemented food is not required to show a list of cautionary statements.

  • (4) An indication referred to in subsection (1)

    • (a) must be set out in a type size of not less than 8 points;

    • (b) must include a postal address, website address or toll-free telephone number; and

    • (c) must be

      • (i) in English and French, or

      • (ii) in one of those languages, if, in accordance with subsection B.01.012(3), the information that is required by these Regulations to be shown on the label of the supplemented food may be shown in that language only and is shown on the label in that language.

  • (5) The manufacturer of the supplemented food must provide the information referred to in subsection (1) to a purchaser or consumer on request

    • (a) without charge;

    • (b) in the following manner, namely,

      • (i) in the official language in which the information is requested or, if specified by the purchaser or consumer, in both official languages, or

      • (ii) in one of the official languages, if, in accordance with subsection B.01.012(3), the information that is required by these Regulations to be shown on the label of the supplemented food may be shown in that language only and is shown on the label in that language; and

    • (c) in the form of a supplemented food facts table that is set out

      • (i) in a format, other than a horizontal format, that is specified in any of sections B.29.009 to B.29.015 and that would otherwise be carried on the label of the supplemented food in accordance with these Regulations, and

      • (ii) in a version of that format that is listed in column 1 of item 1 of any Part of the table to the applicable section referred to in subparagraph (i).

 If a supplemented food has an available display surface of less than 100 cm2 and has a supplemented food facts table on its label, the supplemented food facts table need only include

  • (a) the serving of stated size;

  • (b) the information referred to in column 1 of the table to section B.29.002 or the table to section B.29.003 in respect of the energy value of the supplemented food and the amount of any nutrient or supplemental ingredient that is the subject of a representation on the label of the supplemented food, or in any advertisement for the supplemented food that is made or placed by or on the direction of the manufacturer of the supplemented food, if the representation expressly or implicitly indicates that the supplemented food has particular nutritional or health-related properties, including any statement or claim set out in column 4 of the Table of Permitted Nutrient Content Statements and Claims or column 1 of the table following section B.01.603 or referred to in section B.01.311, D.01.006 or D.02.004;

  • (c) the amount of any added sugar alcohol;

  • (d) the amount of any saturated fat, sugars or sodium if the amount meets or exceeds the applicable threshold set out in columns 2, 3, 5 or 6 of the table to section B.01.350; and

  • (e) the amount of any supplemental ingredient for which a cautionary statement set out in the list of cautionary statements is applicable.

Cautionary Statements

  •  (1) Every applicable cautionary statement set out in column 4 of the List of Permitted Supplemental Ingredients in respect of the supplemental ingredients contained in a supplemented food must be shown

    • (a) in a list on the label of the supplemented food;

    • (b) grouped together and introduced by the title, in bold type,

      • (i) “Caution”, “Caution:” or “Caution :” in the English version, and

      • (ii) “Attention”, “Attention :” or “Attention:” in the French version;

    • (c) without any intervening printed, written or graphic material appearing between the title and the first cautionary statement;

    • (d) in regular or bold type;

    • (e) in lower case letters, except that upper case letters must be used to show the first letter of each cautionary statement; and

    • (f) separated by a bullet point or comma.

  • (2) The list of cautionary statements must be shown in a manner that clearly differentiates it on the label by means of one or both of

    • (a) graphics in the form of a solid-line border around the list or one or more solid lines appearing immediately above, below or at the sides of the list that are the same colour as that of the type used to show the information referred to in subsection B.01.008.1(1); and

    • (b) a background colour that creates a contrast between the background colour of the list and the background colour used on the adjacent surface of the label, other than the surface used to display

      • (i) a list of ingredients,

      • (ii) a food allergen source, gluten source and added sulphites statement as defined in subsection B.01.010.1(1),

      • (iii) a declaration referred to in subsection B.01.010.4(1),

      • (iv) any statement referred to in subsection B.01.014(1),

      • (v) a nutrition facts table, or

      • (vi) a supplemented food facts table.

  • (3) The list of cautionary statements must be shown on the label without any intervening printed, written or graphic material,

    • (a) in English and French, adjacent to each linguistic version of the supplemented food facts table appearing in the same language, if there are separate English and French versions of the table;

    • (b) in English and French, adjacent to a bilingual version of the supplemented food facts table, with one linguistic version of the list following the other linguistic version; or

    • (c) in English or French, adjacent to the supplemented food facts table in the same language, if, in accordance with subsection B.01.012(3), the information required by these Regulations to be shown on the label may be shown in that language only and is shown on the label in that language.

  • (4) If the English and French versions of a list of cautionary statements appear on the label, they must be displayed on a continuous surface of the label’s available display surface, but need not be on the same continuous surface of the label’s available display surface.

  • (5) If the English and French versions of a list of cautionary statements appear on the same continuous surface of the label, the version that follows the other version must not begin on the same line as that on which the other version ends, unless the available display surface is less than 100 cm2.

Supplemented Food Caution Identifier

Presentation
  •  (1) The principal display panel of a supplemented food must carry the supplemented food caution identifier that is set out in Schedule K.2 if a list of cautionary statements is shown on the label of the supplemented food.

  • (2) The supplemented food caution identifier must be displayed in black and white and must be in accordance with the identifier set out in Schedule K.2.

  • (3) Subject to subsection (4), the supplemented food caution identifier must be presented in one of the following formats:

    • (a) the unilingual standard format, where two separate versions of the identifier are shown, one in English (ES) and one in French (FS); or

    • (b) the bilingual standard format (BS), where the identifier is shown in both official languages.

  • (4) If the principal display surface is less than or equal to 450 cm2 and the width of each of the versions of the supplemented food caution identifier in the unilingual standard format or the width of the identifier in the bilingual standard format exceeds the width of the principal display panel, the identifier must be presented in the bilingual compact format (BC) in which the identifier is shown in both official languages.

  • (5) The supplemented food caution identifier must be displayed in accordance with the applicable specifications set out in the Directory of Supplemented Food Caution Identifier Specifications.

  • (6) Despite subsection (5), the supplemented food caution identifier may be displayed with larger dimensions than those set out in column 3 of the applicable table in the Directory of Supplemented Food Caution Identifier Specifications if the identifier is enlarged in a proportional manner vertically and horizontally.

  • (7) If, in accordance with subsection B.01.012(3), the information required by these Regulations may be shown on the label of a supplemented food in English only or in French only and is shown in that language, the supplemented food caution identifier may be displayed on the principal display panel of the supplemented food in that language only on a continuous surface of the available display surface.

  • (8) If the supplemented food caution identifier is presented in a bilingual format, the order in which the languages appear may be reversed from the order shown in the applicable identifier set out in Schedule K.2.

  • (9) The characters and other elements of the supplemented food caution identifier must not touch each other.

 
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