Short Title

1 These Regulations may be cited as the Honey Regulations.

Interpretation

• 2 (1) In these Regulations,

  Act

  Act means the Canada Agricultural Products Act; (Loi)

  adulterated

  adulterated, in respect of honey, means adulterated within the meaning of sections B.01.046 and B.01.047 and Division 15 of Part B of the Food and Drug Regulations; (falsifié)

  Agency

  Agency means the Canadian Food Inspection Agency established by section 3 of the Canadian Food Inspection Agency Act; (Agence)

  bulk container

  bulk container means a container that has a weight capacity of more than 5 kg; (gros contenant)

  colour classification

  colour classification in respect of honey, means its hue or shade of colour as set out in Tables I and II of Schedule I as determined by the use of a honey classifier approved by the President or by the use of the Pfund honey grader; (classification selon la couleur)

  consumer container

  consumer container[Repealed, SOR/80-184, s. 1]

  container

  container means any receptacle in which honey is offered for sale; (contenant)

  contaminated

  contaminated, in respect of honey, means containing a chemical, drug, food additive, heavy metal, industrial pollutant, ingredient, medicament, microbe, pesticide, poison, toxin or any other substance not permitted by, or in an amount in excess of limits prescribed under, the Canadian Environmental Protection Act, the Food and Drugs Act and the Pest Control Products Act; (contaminé)

  Department

  Department[Repealed, SOR/2002-354, s. 9]

  Director

  Director means the Director designated by the President; (directeur)

  District Supervisor

  District Supervisor[Repealed, SOR/2000-184, s. 9]

  edible

  edible means fit for use as human food; (version anglaise seulement)

  first dealer

  first dealer means any person who acquires for sale under his own label honey packed by another person; (premier commerçant)

  food

  food has the same meaning as in section 2 of the Food and Drugs Act; (aliment)

  food additive

  food additive has the same meaning as in section B.01.001 of Part B of the Food and Drug Regulations; (additif alimentaire)

  grade

  grade means a grade established for honey pursuant to Part I; (catégorie)

  grade designation

  grade designation means “No. 1”, “No. 2”, or “No. 3”; (désignation de la catégorie)

  grader’s certificate

  grader’s certificate[Repealed, SOR/2002-354, s. 9]

  inspection point

  inspection point[Repealed, SOR/2002-354, s. 9]

  label

  label means any legend, word or mark applied to any honey or any container or package of honey; (étiquette)

  liquid honey

  liquid honey means extracted honey that has been treated to make it completely liquid and is packed in a container marked liquid; (miel liquide)

  lot

  lot means a uniform blend of honey in a batch or in a storage tank from which honey is drawn for processing or grading; (lot)

  Minister

  Minister means the Minister of Agriculture and Agri-Food; (ministre)

  net weight

  net weight means the weight of honey in a container or package; (poids net)

  operator

  operator means the person who is responsible for the operation of a registered establishment; (exploitant)

  package

  package means any box, carton, crate or case, or any outer covering or wrapper, in which prepackaged honey or bulk containers of honey are packed; (emballage)

  packer

  packer means a producer grader or a registered establishment; (emballeur)

  packing establishment

  packing establishment means a building in which the preparation of honey, including its colour classification, takes place, but does not include a pasteurizing establishment or a producer-grader establishment; (établissement d’emballage)

  packing plant

  packing plant[Repealed, SOR/91-370, s. 1]

  pasteurized

  pasteurized, in relation to honey, means treated in a registered pasteurizing plant by the controlled application of heat so that the honey is free of viable sugar-tolerant yeasts; (pasteurisé)

  pasteurizing establishment

  pasteurizing establishment means a building in which the preparation of honey, including its pasteurization and colour classification, takes place; (établissement de pasteurisation)

  pasteurizing plant

  pasteurizing plant[Repealed, SOR/91-370, s. 1]

  prepackaged honey

  prepackaged honey means extracted honey that is packaged in a container in such a manner that it is ordinarily sold to or used or purchased by a consumer without being repackaged; (miel préemballé)

  President

  President means the President of the Agency; (président)

  producer

  producer means a beekeeper who produces honey; (producteur)

  producer grader

  producer grader[Repealed, SOR/91-370, s. 1]

  producer-grader

  producer-grader means a producer who grades, classifies by colour and packs honey produced in the producer’s apiaries; (producteur-classificateur)

  producer-grader establishment

  producer-grader establishment means a building in which a producer-grader carries out the preparation, including colour classification, of the producer’s honey; (établissement du producteur-classificateur)

  Regional Director General

  Regional Director General[Repealed, SOR/97-304, s. 1]

  registered establishment

  registered establishment means an establishment that is registered in accordance with section 10; (établissement agréé)

  registration number

  registration number means the number assigned to a registered establishment under section 10; (numéro d’agrément)

  substitute

  substitute means any product that resembles honey in appearance and is prepared for the same uses as honey but does not meet the standards set out in these Regulations for honey; (succédané)

  trade name

  trade name means any name or trade mark registered with or authorized by the Registrar of Trade Marks. (marque de commerce)

• (2) [Repealed, SOR/80-184, s. 1]

3 and 3.1 [Repealed, SOR/98-153, s. 1]

Application

4 These Regulations apply to all honey extracted from the comb.

PART IHealth and Safety

General

• 4.1 (1) Subject to subsections (2) and (3), no person shall market honey in import, export or interprovincial trade as food unless the honey

  • (a) is not adulterated;

  • (b) is not contaminated;

  • (c) is edible;

  • (d) is prepared in a sanitary manner; and

  • (e) meets all other requirements of the Food and Drugs Act and the Food and Drug Regulations.

• (2) Honey that has been adulterated or contaminated may be marketed in export or interprovincial trade as food where the honey, before being marketed, is prepared in such a manner that it meets the requirements of paragraphs (1)(a) to (e).

• (3) No person shall, for the purpose of preparing honey referred to in subsection (2) in such a manner that it meets the requirements of paragraphs (1)(a) to (e), mix the honey with other honey that is not adulterated and not contaminated.

• (4) For the purpose of paragraph (1)(d), “prepared in a sanitary manner” includes preparation in such a manner that the honey is handled with equipment that is cleaned and sanitized regularly.

4.2 Notwithstanding section 4.1, honey that is adulterated or contaminated may be marketed in import, export or interprovincial trade as animal food where it is

• (a) fit for use as animal food;

• (b) labelled with the words “Animal Food” or “Aliments pour animaux”;

• (c) prepared separately from honey intended for use as food; and

• (d) where appropriate, treated to give it the appearance of being inedible.

4.3 An inspector may direct that honey be disposed of or destroyed in a manner consistent with all applicable environmental requirements where the inspector suspects on reasonable grounds that the honey

• (a) is adulterated;

• (b) is contaminated;

• (c) does not meet the requirements of subsection 4.1(1) of section 4.2 and cannot be prepared in such a manner that it meets those requirements; or

• (d) is otherwise injurious to the health of any person.

Prohibition

4.4 Where a grade or standard is established under these Regulations for honey, no person shall market in import, export or interprovincial trade any substitute in such a manner that the substitute is likely to be mistaken for honey.

PART I.01Grading

Grades and Standards

• 5 (1) There shall be three grades of honey with the grade names “Canada No. 1”, “Canada No. 2” and “Canada No. 3”.

• (2) The requirements set out in Table III of Schedule I are hereby prescribed as the requirements for the grades of honey established by subsection (1).

5.1 The grade names established by these Regulations may be used only for honey that

• (a) is prepared in a registered establishment; and

• (b) meets the colour classification, grading, packaging and labelling requirements of these Regulations.

• 6 (1) Honey shall be graded in a registered establishment in accordance with the requirements set out in Table III of Schedule I.

• (2) Prepackaged honey to which these Regulations apply shall be classified while it is in liquid form and shall be marked in accordance with the colour designations on a Honey Classifier or the reading on a Pfund Honey Grader as prescribed in Table I of Schedule I.

• (3) Where honey to which these Regulations apply is packed in bulk containers, it shall be classified while it is in liquid form and shall be marked in accordance with the colour designation on a Honey Classifier or the reading on a Pfund Honey Grader as prescribed in Table II of Schedule I.

• (4) [Repealed, SOR/98-153, s. 3]

7 Honey to which these Regulations apply shall be marked “substandard” if it is sound, wholesome and fit for human consumption but does not meet the requirements of Canada No. 1, Canada No. 2 or Canada No. 3 grade.

8 Honey may be classified as to colour and graded under these Regulations only if

• (a) it is the food derived from the nectar of blossoms or from secretions of or on the living parts of plants by the work of honey bees;

• (b) it has a consistency that is fluid, viscous or partly or wholly crystallized;

• (c) its composition meets the requirements set out in Table IV of Schedule I for a kind of honey specified therein;

• (d) it has

  • (i) a diastase activity, determined after processing and blending, as represented by a diastase figure on the Gothe scale of not less than eight where the hydroxymethylfurfural content is not more than 40 mg/kg, or

  • (ii) a diastase activity, determined after processing and blending, as represented by a diastase figure on the Gothe scale of not less than three where the hydroxymethylfurfural content is not more than 15 mg/kg;

• (e) it is clean, wholesome and fit for human consumption; and

• (f) it has not, in the opinion of the Minister, any deterioration seriously affecting its edibility, appearance or shipping quality.

PART I.1Registered Establishments

Registration of Establishments

• 9 (1) An application for the registration of a packing establishment, a pasteurizing establishment or a producer-grader establishment, or for the renewal or the amendment of an existing registration, shall be made to the Director in a form provided by the Agency, accompanied by the applicable fee prescribed by the Canadian Food Inspection Agency Fees Notice, and shall contain the following information:

  • (a) the name, address, including the postal code, telephone number and, if any, facsimile number and electronic mail address of the applicant and of the establishment, where they are different from those of the applicant;

  • (b) whether it is an application for a new registration or for the renewal or amendment of an existing registration;

  • (c) the existing registration number, if any;

  • (d) whether the establishment is owned by an individual, a partnership, a cooperative or a corporation;

  • (e) the name under which the establishment operates, where the name is different from that of the applicant;

  • (f) the names and titles of all owners, partners, officers and directors of the establishment; and

  • (g) whether the establishment is a packing establishment, a pasteurizing establishment or a producer-grader establishment.

• (2) An application referred to in subsection (1) shall have annexed thereto a copy of an outline of a sanitation program for the establishment indicating

  • (a) the person responsible for carrying out the program;

  • (b) the equipment and chemical agents available for use to bring about and maintain clean and sanitary conditions; and

  • (c) the measures proposed to be taken to ensure clean and sanitary conditions.

• 10 (1) Where an application referred to in subsection 9(1) is made, the establishment shall be registered if the following conditions are met:

  • (a) in the case of a packing establishment, the establishment meets the requirements of these Regulations;

  • (b) in the case of a pasteurizing establishment, the establishment meets the requirements of these Regulations and is provided with

    • (i) adequate controlled-temperature storage space that can be maintained at a temperature of 14^oC to allow for the complete crystallization of the honey packed, and

    • (ii) adequate equipment for

      • (A) liquefying honey without scorching it or impairing its colour, flavour or cleanliness,

      • (B) rapid controlled heating,

      • (C) rapid and thorough cooling to seeding temperature not above 32^oC, and

      • (D) preparing and incorporating seed; and

  • (c) in the case of a producer-grader establishment, the establishment meets the requirements of these Regulations, and

    • (i) the operator of the establishment demonstrates to an inspector an understanding of the grading and colour classification requirements of these Regulations, and

    • (ii) the equipment necessary to make colour and moisture determinations is available to the operator of the establishment.

• (2) Where the conditions set out in subsection (1) are met, the Director shall

  • (a) register the establishment by entering the name of the establishment in the register of establishments of the Agency and by assigning a registration number to the establishment; and

  • (b) issue to the operator of the establishment a certificate of registration.

• (3) Subject to subsections 12(1) and 13(1), a certificate of registration shall remain in force for the 12 month period following the date of issuance.

• (4) [Repealed, SOR/2000-183, s. 7]

• 11 (1) The operator shall post and keep posted the certificate of registration issued to the operator under section 10 in a conspicuous place in the registered establishment for the period during which the certificate remains in force.

• (2) No operator shall transfer a certificate of registration to any other person and any purported transfer of a certificate of registration is void.

Suspension of Registration

• 12 (1) The Director may suspend the registration of a registered establishment

  • (a) where

    • (i) the establishment does not meet the requirements of the Act or these Regulations,

    • (ii) the operator does not comply with the provisions of the Act or these Regulations, or

    • (iii) it is reasonable to believe that public health will be endangered if the establishment is allowed to continue operating; and

  • (b) where the operator has failed or is unable to take immediate corrective measures to remedy any situation referred to in paragraph (a).

• (2) No registration shall be suspended under subsection (1) unless

  • (a) an inspector has, at the time of an inspection, notified the operator of the existence of grounds for suspension under paragraph (1)(a);

  • (b) an inspector has provided the operator with a copy of an inspection report prepared by the inspector that sets out the grounds for suspension, the required corrective measures and the dates by which those measures must be implemented in order to avoid suspension and cancellation; and

  • (c) a notice of suspension of registration is delivered to the operator.

• (3) A suspension of registration under subsection (1) shall remain in effect

  • (a) until the required corrective measures have been taken and have been verified by an inspector; or

  • (b) where a cancellation procedure has been commenced under section 13, until the resolution of the cancellation issuer.

  • (c) [Repealed, SOR/2002-68, s. 5]

Cancellation of Registration

• 13 (1) The Director may cancel the registration of a registered establishment where

  • (a) the operator has not implemented the required corrective measures within the 30-day period following the day on which the registration was suspended or within any longer period of time allowed under subsection (1.1);

  • (b) there is a change in ownership that involves a change of management of the establishment; or

  • (c) the application for registration contains false or misleading information.

• (1.1) If it is not possible for the operator to implement the required corrective measures within 30 days, the Director shall, on the request of the operator, allow the operator a longer period of time that is adequate to implement those measures.

• (2) No registration shall be cancelled under subsection (1) unless

  • (a) the operator was advised of an opportunity to be heard in respect of the cancellation and was given that opportunity; and

  • (b) a notice of cancellation of registration was delivered to the operator.

  • (c) and (d) [Repealed, SOR/2002-68, s. 6]

Surrender of Certificate of Registration

14 Where the registration of an establishment has been suspended or cancelled, the operator shall immediately surrender the certificate of registration to an inspector.

15 [Repealed, SOR/91-370, s. 2]

16 A registered establishment shall be operated in such a manner that

• (a) operations in the preparation or packing of honey are carried out carefully and under strict sanitary control;

• (b) containers are maintained in a clean, sanitary condition and all bulk containers used for packing honey are sound, have tightly fitting lids and seals, are free from severe dents or buckling and from obvious signs of internal rusting;

• (c) lavatories, dressing rooms and washrooms are kept in a clean and sanitary condition;

• (d) all premises and approaches to the plant including yards and out-houses are kept in a clean and sanitary condition;

• (e) lavatories, sinks and cesspools are maintained in such a manner that odours and fumes are prevented from pervading any room where honey is stored or prepared; and

• (f) honey does not come into contact with any substance that may have a deleterious effect on the quality of the honey.

• 17 (1) Each employee in a registered establishment shall be free from any infectious or contagious disease.

• (2) An inspector may require the owner or operator of a registered establishment to have an employee medically examined to ascertain whether that employee has an infectious or contagious disease.

18 Each employee in a registered establishment shall wear clean and sanitary clothing including a hair covering approved by the President for the purpose of preventing the entrance of hair into the honey.

19 No person shall smoke or chew tobacco in an area of an establishment in which honey is prepared, processed or handled.

20 [Repealed, SOR/98-153, s. 4]

• 21 (1) The owner or operator of each registered establishment shall keep and make available to the Agency at all times

  • (a) an accurate, up-to-date record of his honey pack that shows

    • (i) the quantity, class and grade of each lot of honey that was packed and the size and type of containers in which it was packed,

    • (ii) the quantity of honey pooled or purchased and the persons from whom it was received or purchased, and

    • (iii) the quantity of honey packed on a custom basis and the persons for whom it was packed; and

  • (b) an up-to-date “Approved Label” file.

• (2) [Repealed, SOR/2002-354, s. 11]

22 to 24 [Repealed, SOR/91-370, s. 3]

25 A producer grader shall

• (a) classify, grade, mark or pack only that honey that is produced in his own apiaries;

• (b) classify, grade and pack honey in clean, sanitary rooms that are adequately lighted, ventilated and screened;

• (c) have in his establishment adequate washing facilities; and

• (d) maintain all equipment, appliances and containers in a clean and sanitary condition.

• 26 (1) A producer grader shall keep and make available to the Agency at all times an accurate, up-to-date record of his honey pack that shows the quantity, class and grade of each lot of honey packed, and the size and type of containers in which it was packed.

• (2) A producer grader shall, at the request of the Agency, supply the Agency with detailed information respecting sales of prepackaged honey or honey packed in bulk containers, and the quantity of honey on hand at any one time.

• 27 (1) Every lot packed by a producer grader or in a registered establishment shall be assigned a lot number by the packer.

• (2) The first digit of the first lot number in each calendar year shall be number one, subsequent lot numbers for that calendar year following consecutively and the last digit in each lot number shall be the last digit of the year in which the lot is packed.

• (3) Where a lot number has been assigned pursuant to subsection (1), it shall, at the time of packing at the apiary or registered establishment, be marked in accordance with Part III on every box of honey filled from that lot.

• (4) Where a box contains honey from two lots, the box shall be marked with both lot numbers.

28 [Repealed, SOR/80-184, s. 11]

PART IIPacking

• 29 (1) Prior to January 1, 1980, prepackaged honey that is graded under these Regulations shall be packed in accordance with the following sizes of containers:

  • (a) any size up to and including 5 ounces net weight;

  • (b) 8 ounces net weight;

  • (c) 12 ounces net weight;

  • (d) 1 pound net weight;

  • (e) 1 1/2 pounds net weight;

  • (f) 2 pounds net weight;

  • (g) 3 pounds net weight;

  • (h) 4 pounds net weight; or

  • (i) 8 pounds net weight.

• (2) Subject to subsection (3), on and after January 1, 1980, prepackaged honey that is graded under these Regulations shall be packed in accordance with the following sizes of containers:

  • (a) any net weight up to and including 150 g;

  • (b) 250 g;

  • (c) 375 g;

  • (d) 500 g;

  • (e) 750 g;

  • (f) 1 kg;

  • (g) 1.5 kg;

  • (h) 2 kg;

  • (i) 3 kg; or

  • (j) 5 kg.

• (3) Honey may, until July 1, 1981, be packed in containers of the sizes set out in paragraphs (1)(a) to (i) where those containers were manufactured prior to January 1, 1980.

• (4) Notwithstanding anything contained in this section, the Minister may permit the sale of honey packed in novelty containers of non-standard sizes.

• 30 (1) Prior to January 1, 1980, honey packed in bulk containers and graded under these Regulations shall be packed in accordance with the following sizes of containers:

  • (a) 30 pounds net weight;

  • (b) 40 pounds net weight;

  • (c) 60 pounds net weight;

  • (d) 65 pounds net weight;

  • (e) 70 pounds net weight;

  • (f) 1/2 barrel;

  • (g) 1 barrel; or

  • (h) larger drums of unspecified sizes.

• (2) Subject to subsection (3), on and after January 1, 1980, honey packed in bulk containers and graded under these Regulations shall be packed in accordance with the following sizes of containers:

  • (a) 7 kg;

  • (b) 15 kg;

  • (c) 30 kg; or

  • (d) larger containers the net weight of which is measured in multiples of 1 kg.

• (3) Honey may, until July 1, 1981, be packed in containers of the sizes set out in paragraphs (1)(a) to (h) where those containers were manufactured prior to January 1, 1980.

31 The Minister may authorize for experimental use sizes of containers not set out in sections 29 and 30.

• 32 (1) Every container of honey shall be in clean, sanitary and sound condition, have a tightly fitting lid and be free from severe dents or buckling and from obvious signs of internal rusting.

• (2) Every container of prepackaged honey shall be new.

33 Boxes shall be well constructed of durable material approved by the Minister and shall be clean, in good condition and not defaced by old markings.

34 Honey that is not packed in a container in accordance with section 29 or 30 or not marked in accordance with sections 35 and 36 may be shipped out of Canada if

• (a) it complies with the established trade requirements of the importing country;

• (b) the registration number of the registered establishment or producer grader is marked on the label or embossed on the container;

• (c) an inspection has been made before the honey is shipped showing that the grade of the honey to be shipped is that stipulated in the contract of sale or in a signed statement supplied by the shipper; and

• (d) labels or other marks on the container do not misrepresent the honey, the origin of the honey or the class and grade thereof.

PART IIIMarkings

• 35 (1) Every container of prepackaged honey that is graded under these Regulations shall have marked

  • (a) on the main panel of the label on the container

    • (i) the words, “honeydew honey”, “Lavender honey”, “Rubinia honey”, “alfalfa honey”, “Banksia menziesii honey” or the word “honey”, either alone or with the name or names of a floral source, whichever is applicable,

    • (ii) the grade name of the honey immediately followed by its colour classification in accordance with subsection 6(2),

    • (iii) prior to January 1, 1980, the net weight

      • (A) in pounds or, if less than 1 pound, in ounces, and

      • (B) in kilograms or, if less than 1 kilogram, in grams,

    • (iv) subject to subsection (5), on and after January 1, 1980, the net weight in kilograms or, if less than 1 kilogram, in grams, and

    • (v) where applicable

      • (A) the word “liquid”,

      • (B) the word “creamed” or any other word indicating that the contents are granulated,

      • (C) the word “pasteurized”, and

      • (D) the word “pressed”; and

  • (b) on any panel of the label other than a panel located on the bottom of the container

    • (i) the name and address of the packer or the name and address of the first dealer and the registration number of the packer, and

    • (ii) the brand or trade name, if any.

• (2) All information required by this Part to be shown on the label or container of prepackaged honey shall be shown in both official languages.

• (3) The markings required by this section shall be clearly and prominently displayed on the label so as to be readily discernible, in letters of not less than 1.6 mm in height, except that the markings required by subparagraphs (1)(a)(ii) to (iv) shall be shown in letters of not less than the following height:

  • (a) 1.6 mm where the main panel display surface of the container is not more than 32 square cm;

  • (b) 3.2 mm where the main panel display surface of the container is more than 32 square cm but not more than 258 square cm;

  • (c) 6.4 mm where the main panel display surface of the container is more than 258 square cm but not more than 645 square cm;

  • (d) 9.5 mm where the main panel display surface of the container is more than 645 square cm but not more than 25.8 square dm; and

  • (e) 12.7 mm where the main panel display surface of the container is more than 25.8 square dm.

• (4) Notwithstanding subsection (3), the symbol g or kg shall appear in lettering not less than 1.6 mm in height.

• (5) Where honey is packed in a container of a size set out in paragraphs 29(1)(a) to (i), the label shall show, in addition to the information required by subparagraph (1)(a)(iv), the net weight in pounds, or if less than 1 pound, in ounces.

• 36 (1) Every package and every bulk container of honey that is graded under these Regulations shall have marked

  • (a) on the main panel of the label the words “honeydew honey” or “miel de miellat”, “lavender honey” or “miel de lavande”, “Rubinia honey” or “miel de robinier”, “alfalfa honey” or “miel de luzerne” or “Banksia menziesii honey” or “miel de Banksia menziesii”, or the word “honey” or “miel”, either alone or with the name or names of a floral source or sources, whichever is applicable;

  • (b) the grade name of the honey immediately followed by its colour classification in accordance with Tables I and II of Schedule I;

  • (c) the name, address and registration number of the packer or the name and address of the first dealer and the registration number of the packer;

  • (d) the number of containers therein;

  • (e) prior to January 1, 1980, the net weight of the contents of each container

    • (i) in pounds or, if less than one pound, in ounces, and

    • (ii) in kilograms or, if less than one kilogram, in grams;

  • (e.1) subject to subsection (3), on and after January 1, 1980, the net weight of the contents of each container in kilograms or, if less than 1 kilogram, in grams;

  • (f) the lot number; and

  • (g) where applicable

    • (i) the word “liquid” or “liquide”,

    • (ii) the word “creamed” or “en crème” or any other word indicating that the contents are granulated,

    • (iii) the word “pasteurized” or “pasteurisé”, and

    • (iv) the word “pressed” or “de presse”.

• (2) The markings required by subsection (1) shall be in distinctly legible block letters not less than 3/8 inch in height and, except in respect of half barrels, barrels or larger containers, shall be on at least one side or one end of the box.

• (3) Where honey is packed in a container of a size set out in paragraphs 30(1)(a) to (h), the package and container shall show, in addition to the information required by paragraph (1)(e.1), the net weight in pounds or, if less than 1 pound, in ounces.

• 37 (1) Where honey produced in Canada is graded under these Regulations, the container shall be marked with the words “Product of Canada” or “Produit du Canada” or “Canadian Honey” or “Miel canadien”.

• (2) Where imported honey is repacked as prepackaged honey and graded under these Regulations, the containers shall be marked with the name of the country of origin preceded by the words “Product of”.

• (3) Where imported honey is blended with Canadian honey and is graded under these Regulations, the container shall be marked with the words “A Blend of Canadian and (naming the source or sources) Honey” or “mélange de miel canadien et de miel (naming the source or sources)” or “A Blend (naming the source or sources) Honey and Canadian Honey” or “mélange de miel (naming the source or sources) et de miel canadien”, the sources being named in descending order of their proportions.

PART IVInspection and Certification

• 38 (1) A person who wishes to have honey inspected or graded shall

  • (a) make a request to an inspector at least 48 hours before the service is required or, if there is no inspector in the area, at the nearest inspection office at least 72 hours before the service is required;

  • (b) present the honey at a place and time designated by an inspector;

  • (c) make all honey from which samples will be drawn by the inspector readily accessible and ensure that it is in a condition suitable for inspection or grading;

  • (d) be available to assist the inspector, or designate an employee on the premises who will be available to assist the inspector, to open and close the containers and provide such other assistance as the inspector may request in order to provide the service;

  • (e) indicate the grade names and colour class, if any, proposed to be placed on the containers, where the honey is unlabelled at the time it is presented;

  • (f) provide a room where the inspection can be performed in which

    • (i) the temperature is at least 10°C, and

    • (ii) there is adequate lighting for a proper inspection; and

  • (g) pay the applicable fee prescribed by the Canadian Food Inspection Agency Fees Notice, in accordance with the conditions of payment set out in that Notice.

• (2) A person who has a financial interest in honey that was inspected and certified under these Regulations may, on written request to an inspector, obtain a copy of the certificate of inspection.

39 Where, because of poor examination conditions or latent defects in the honey, an inspector is unable to determine whether the honey meets the requirements of the appropriate grade or standard, the inspector shall postpone the inspection of the honey for any period that the inspector considers necessary to enable the determination to be made.

• 40 (1) The Director may, on application by a person who has a financial interest in honey in respect of which a certificate of inspection has been issued, grant an appeal inspection of that honey.

• (2) The application for an appeal inspection shall

  • (a) set out the reasons for requesting the appeal inspection; and

  • (b) be accompanied by a copy of the original certificate of inspection.

• (3) The Director may refuse to grant an appeal inspection where

  • (a) the honey cannot be made accessible for inspection;

  • (b) the honey cannot be identified by the original certificate of inspection or the vehicle, if any, in which it was conveyed; or

  • (c) less than 75 per cent of the lot of honey is available for inspection.

• (4) Where the Director grants an appeal inspection, the inspector carrying out the appeal inspection shall

  • (a) where the results of the appeal inspection substantiate the results of the original inspection, confirm the original certificate of inspection; and

  • (b) where the results of the appeal inspection do not substantiate the results of the original inspection with respect to any factor that could not have changed since the original inspection, issue a certificate of inspection rendering the original certificate null and void.

41 [Repealed, SOR/2000-183, s. 9]

42 to 45 [Repealed, SOR/97-304, s. 5]

PART VImport, Export and Interprovincial Trade

• 46 (1) This Part does not apply in respect of a shipment of honey that

  • (a) weighs 20 kg or less;

  • (b) is part of an immigrant’s effects;

  • (c) is carried on any vessel, train, motor vehicle, aircraft or other means of transportation for use as food for the crew or passengers thereof;

  • (d) is consigned to a national or international exhibition, weighs 100 kg or less, and is not intended for sale in Canada; or

  • (e) is imported from the United States onto the Akwesasne Reserve for use by an Akwesasne resident.

• (2) Paragraph (1)(e) does not apply in respect of honey that is shipped to Canada from another country through the United States if the shipment is bonded.

• (3) For the purpose of paragraph (1)(e), “Akwesasne resident” means an individual who has established permanent residence on the Akwesasne Reserve.

Imports

• 47 (1) No person shall import honey into Canada unless

  • (a) it meets the requirements of the grade, the number of which is marked on the container;

  • (b) it is packed in containers in accordance with section 29 or 30;

  • (c) every container of prepackaged honey bears a label marked with

    • (i) the words “honeydew honey”, “Lavender honey”, “Rubinia honey”, “alfalfa honey”, “Banksia menziesii honey” or the word “honey”, either alone or with the name or names of a floral source, whichever is applicable,

    • (ii) a grade designation immediately followed by its colour classification in accordance with subsection 6(2),

    • (iii) prior to January 1, 1980, the net weight

      • (A) in pounds or, if less than 1 pound, in ounces, and

      • (B) in kilograms or, if less than 1 kilogram, in grams,

    • (iv) subject to subsection (5), on and after January 1, 1980, the net weight in kilograms or, if less than 1 kilogram, in grams,

    • (v) the name of the country of origin preceded by the words “Product of”,

    • (vi) the name and address in full of the packer or importer, and

    • (vii) where applicable

      • (A) the word “liquid”,

      • (B) the word “creamed” or any other word indicating that the contents are granulated, and

      • (C) the word “pressed”;

  • (d) every package and bulk container of the honey is clearly and indelibly marked in block letters not less than 9.5 mm in height with

    • (i) the words “honeydew honey” or “miel de miellat”, “Lavender honey” or “miel de lavande”, “Rubinia honey” or “miel de robinier”, “alfalfa honey” or “miel de luzerne”, “Banksia menziesii honey” or “miel de Banksia menziesii”, or the word “honey” or “miel”, either alone or with the name or names of a floral source, whichever is applicable,

    • (ii) a grade designation immediately followed by its colour classification in accordance with subsection 6(3),

    • (iii) prior to January 1, 1980, the net weight

      • (A) in pounds or, if less than 1 pound, in ounces, and

      • (B) in kilograms or, if less than 1 kilogram, in grams,

    • (iv) subject to subsection (5), on and after January 1, 1980, the net weight in kilograms or, if less than 1 kilogram, in grams, and the number of containers if more than one,

    • (v) the name of the country of origin preceded by the words “Product of” or “Produit de”,

    • (vi) the name and address in full of the packer or importer, and

    • (vii) where applicable

      • (A) the word “liquid” or “liquide”,

      • (B) the word “creamed” or “en crème” or any other word indicating that the contents are granulated,

      • (C) the word “pressed” or “de presse”;

  • (e) it is accompanied by an import declaration, in a form provided by the Agency, duly completed in duplicate, dated and signed by the importer and containing the following information:

    • (i) the name and address of the producer or the packer,

    • (ii) the name and address of the exporter,

    • (iii) the name and address of the importer,

    • (iv) the name and address of each consignee,

    • (v) a description of the honey and any identification marks, including its common name, grade, brand name and production codes,

    • (vi) for each consignee, the number of shipping containers, the number, size, net weight and kind of containers per shipping container and the production codes, and

    • (vii) a statement that the honey

      • (A) was obtained from sound raw materials in accordance with good manufacturing practices,

      • (B) was prepared in a sanitary manner,

      • (C) originated in a country that has

        • (I) standards for honey that are at least equivalent to those set out in these Regulations, and

        • (II) a system for the inspection of honey and of establishments that prepare honey that is at least equivalent to that in Canada,

      • (D) was, at the time of shipment, sound and edible,

      • (E) is accurately identified as to the name and address of the producer, the packer or their authorized agent,

      • (F) is accurately described in the import declaration, and

      • (G) meets the grade, container and labelling requirements of these Regulations; and

  • (f) that person, at the time of the import, submits to an inspector the import declaration for verification.

• (1.1) The importer of honey shall pay the fee prescribed by the Canadian Food Inspection Agency Fees Notice for the verification of the import declaration, in accordance with the conditions of payment set out in that Notice.

• (1.2) Honey that does not meet one or both of the conditions described in clause (1)(e)(vii)(C) may be imported if it meets the requirements of section 4.1 or 4.2 and the importer provides the Director with evidence to that effect. In such a case, that part of the statement required in the import declaration under clause (1)(e)(vii)(C) shall be omitted.

• (2) The markings required by paragraph (1)(c) shall be clearly and prominently displayed on the label so as to be readily discernible, in letters of not less than 1.6 mm in height, except that the markings required by subparagraphs (1)(c)(ii) to (iv) shall be shown in letters of not less than the heights set out in paragraphs 35(3)(a) to (c), whichever is applicable.

• (3) Notwithstanding subsection (2), the symbol g or kg shall appear in lettering not less than 1.6 mm in height.

• (4) All information required by this Part to be shown on the label or container of prepackaged honey shall be shown in both official languages.

• (5) Where honey is packed in a container of a size set out in paragraphs 29(1)(a) to (i) or 30(1)(a) to (h), the label or the package and container shall show, in addition to the information required by subparagraph (c)(iv) or (d)(iv), the net weight in pounds or if less than 1 pound, in ounces.

48 [Repealed, SOR/80-184, s. 22]

49 [Repealed, SOR/97-304, s. 8]

50 Honey that does not meet the requirements of these Regulations

• (a) shall be refused entry into Canada; or

• (b) where entry is permitted, that honey shall be placed under detention until it meets the requirements of these Regulations.

51 [Repealed, SOR/97-304, s. 9]

• 52 (1) Where imported honey is blended with Canadian honey and repacked in Canada, the blended product shall be packed, classified, graded and marked in accordance with these Regulations.

• (2) Where imported honey is repacked in Canada, unblended with Canadian honey, it shall be packed, classified, graded and marked in accordance with these Regulations.

Exports

• 53 (1) Subject to subsection (2) and section 54, no person shall market in export trade any honey for which grades or standards are prescribed by these Regulations unless

  • (a) the honey was prepared in a registered establishment in accordance with these Regulations; and

  • (b) the honey meets the requirements of the appropriate grade or standard prescribed by these Regulations.

• (2) Subsection (1) does not apply in respect of a shipment of honey that

  • (a) weighs 20 kg or less;

  • (b) is part of an emigrant’s effects; or

  • (c) is carried on any vessel, train, motor vehicle, aircraft or other means of transportation for use as food for the crew or passengers thereof.

54 Honey that does not meet the requirements of these Regulations in respect of grade, standard, packing or labelling may be exported if

• (a) the registration number of the establishment in which the honey was packed is marked on the label of the container;

• (b) the lot number or the code of the shipment is marked on the label or embossed on the container;

• (c) the markings on the label or the container do not misrepresent the quality, quantity, colour class, composition, characteristics, origin, safety or value of the honey;

• (d) the shipper provides to an inspector a signed statement certifying that the container and labelling meet the requirements of the importing country; and

• (e) the statement referred to in paragraph (d) is included in the export documentation.

• 54.1 (1) A person who wishes to obtain an export certificate for honey that certifies that the honey meets the export requirements of these Regulations shall

  • (a) submit an application, in a form provided by the Agency, duly completed in duplicate, to an inspector or at the nearest inspection office, containing the following information:

    • (i) the date and place of the application,

    • (ii) the registration number of the establishment in which the honey was prepared,

    • (iii) the name and address of the exporter,

    • (iv) the name and address of the consignee,

    • (v) the name of the carrier,

    • (vi) the date the shipment is to go forward,

    • (vii) a description of the honey and any identification marks, including the grade and the brand name,

    • (viii) the number of shipping containers and the number, size and kind of containers per shipping container,

    • (ix) a statement that the honey mentioned in the application is sound, wholesome and edible and that it meets the requirements of the Act and these Regulations, and

    • (x) the signature of the applicant; and

  • (b) have the honey inspected in accordance with the conditions set out in section 38.

• (2) No person shall use an export certificate for the purpose of marketing honey except

  • (a) to export honey from the place where the certificate is issued to the destination shown on the certificate; and

  • (b) for a period not exceeding 60 days after the date on which the certificate is issued.

• (3) The exporter shall retain a copy of the export certificate for a period of two years after the date on which it is issued.

• 54.2 (1) Subject to subsection (2), no person shall market honey in interprovincial trade unless the honey

  • (a) is prepared in a registered establishment;

  • (b) meets the requirements of the appropriate grade or standard set out in these Regulations; and

  • (c) is packaged and labelled in accordance with these Regulations.

• (2) Honey may be marketed in interprovincial trade without meeting the requirements of subsection (1) if

  • (a) the honey is packed in bulk containers;

  • (b) the containers are labelled with the name and address of the producer or packer; and

  • (c) the honey is being conveyed to a registered establishment for the purposes of colour classification, grading, repacking or reprocessing.

PART VIAdministration

Seizure and Detention

• 55 (1) Where an inspector seizes and detains honey or other thing pursuant to section 23 of the Act, the inspector shall affix to the container of honey or to the other thing, a detention tag on which the following is clearly marked:

  • (a) the words “UNDER DETENTION” and “RETENU” in bold-face letters;

  • (b) an identification number;

  • (c) a description of the honey or thing;

  • (d) the reason for the seizure and detention;

  • (e) the date of the seizure and detention; and

  • (f) the name of the inspector, in block letters, and the signature of the inspector.

• (2) No person shall alter, deface or remove a detention tag affixed to a container of honey or to any other thing unless the person is authorized to do so by an inspector.

• 56 (1) An inspector shall, after detaining any honey or other thing in accordance with subsection 55(1), forthwith deliver or mail a notice of detention

  • (a) to the person having the care or custody of the honey or other thing at the place where it was seized;

  • (b) to the owner of the honey or other thing that was seized or to the owner’s agent; and

  • (c) where the honey or other thing is removed from the place where it was seized to another place in accordance with subsection 19(5) or 25(1) of the Act, to the person having the care or custody of the honey or other thing at that other place.

• (2) A notice of detention referred to in subsection (1) shall state that the honey or other thing was seized and detained pursuant to section 23 of the Act and shall set out

  • (a) the detention tag identification number;

  • (b) a description of the honey or other thing;

  • (c) the reason for the seizure and detention;

  • (d) the date of seizure and detention;

  • (e) the name of the inspector, in block letters, and the signature of the inspector;

  • (f) the place of detention; and

  • (g) the telephone number to call for further information in respect of the seizure and detention.

57 Any honey or other thing detained under section 23 of the Act shall be detained under storage conditions appropriate to the preservation of the honey or other thing.

58 Where an inspector determines that any detained honey or other detained thing meets the requirements of the Act and these Regulations, the inspector shall release the honey or other thing and shall deliver or mail one copy of a notice of release to each of the persons to whom a copy of a notice of detention referred to in section 56 was delivered or mailed.

Forfeiture and Disposal

• 59 (1) Any honey or thing forfeited under subsection 28(1) of the Act shall be disposed of in the manner ordered by the court directing the forfeiture and, if no order for the disposition of the honey or thing is made by that court, the honey or other thing shall be disposed of in the following manner:

  • (a) in the case of honey that is edible, it shall be

    • (i) sold and any proceeds deposited to the credit of the Receiver General, or

    • (ii) donated to a charitable institution;

  • (b) in the case of honey that is inedible, it shall be

    • (i) sold for preparation as animal food or as a non-food product and any proceeds deposited to the credit of the Receiver General, or

    • (ii) disposed of or destroyed in a manner consistent with all applicable environmental requirements; and

  • (c) in the case of a thing other than honey, it shall be sold and the proceeds deposited to the credit of the Receiver General.

• (2) Any honey or thing forfeited under subsection 28(2) of the Act shall be disposed of in the manner set out in subsection (1).

60 Honey that is forfeited under subsection 30(2) of the Act shall be disposed of in the following manner:

• (a) in the case of honey that is edible, it shall be

  • (i) sold and the proceeds deposited to the credit of the Receiver General, or

  • (ii) donated to a charitable institution; and

• (b) in the case of honey that is inedible, it shall be

  • (i) sold for preparation as animal food or as a non-food product and the proceeds deposited to the credit of the Receiver General, or

  • (ii) disposed of or destroyed in a manner consistent with all applicable environmental requirements.