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

Regulations are current to 2022-09-11 and last amended on 2022-07-21. Previous Versions

PART BFoods (continued)

DIVISION 1 (continued)

General (continued)

  •  (1) A manufacturer or distributor named in a Temporary Marketing Authorization Letter issued pursuant to subsection B.01.054(1) may, for the purpose set out in the Letter, sell the food in the manner authorized in the Letter and package, label or advertise that food in the manner authorized in the Letter for the period of time, within the designated area and in the quantity set out in the Letter.

  • (2) No provision of these Regulations made pursuant to paragraph 30(1)(b) of the Act applies in respect of a food or the packaging, labelling or advertising of a food for which a Temporary Marketing Authorization Letter has been issued pursuant to subsection B.01.054(1) to the extent that the food, or the packaging, labelling or advertising of the food, as authorized in the Letter, does not comply with that provision.

  • SOR/81-566, s. 1
  • SOR/85-275, s. 2
  • SOR/90-814, s. 4

 [Repealed, SOR/2016-74, s. 4]

 [Repealed, SOR/88-559, s. 10]

 [S]. Mixed nuts or a mixture of nuts shall consist of a mixture of nuts in which not less than five per cent by weight of each type of nuts is present in the mixture.

 Where a prepackaged product is a mixture of nuts, the percentage and common name of the nut that is present in the product in the greatest amount by weight shall be applied to the principal display panel of the package in close proximity to the common name of the product.

  • SOR/88-336, s. 3
  • SOR/92-626, s. 11

 Notwithstanding any requirement prescribed in Part B, a food product that has been subjected to heat in the presence of a vaporized liquid solution of smoke derived from hardwood, hardwood sawdust or corn cobs may be described as “smoked”.

  • SOR/92-626, s. 11
  •  (1) In this section, frozen means preserved by freezing temperature and does not include any surface freezing that may occur during holding and transportation.

  • (2) Where meat, meat by-products, poultry meat, poultry by-products or fish, or meat of any marine or fresh water animal, that has been frozen is thawed prior to sale, the words “previously frozen” shall be shown

    • (a) on the principal display panel in close proximity to the common name of the food and in letters at least as legible and conspicuous as those used in the common name;

    • (b) anywhere on the principal display panel in letters of not less than 1/4 of an inch (6.4 millimetres) in height; or

    • (c) on a sign displayed adjacent to the food in letters that are easily visible and legible to a prospective purchaser.

  • (3) Where part of a food referred to in subsection (2) has been frozen and thawed prior to sale, the words “Made from fresh and frozen portions” or “Made from fresh and frozen (naming the food)” shall be shown in the manner described in paragraph (2)(a), (b) or (c).

  •  (1) No person shall offer for sale at retail any solid cut meat or solid cut poultry meat to which phosphate salts or water has been added, unless that meat or poultry meat is contained in a package and carries a label.

  • (2) The label referred to in subsection (1) shall contain a statement of the minimum percentage of meat protein as part of the common name of the product on the principal display panel of the package in type that is as legible and conspicuous as any other type on that display panel, and in letters that are at least one half of the size of the letters used in the common name of the product but that are not less than 1.6 mm in height.

  • SOR/94-262, s. 1

 The label of any solid cut meat or solid cut poultry meat that has had phosphate salts or water added to it, that is not cured and that is prepackaged at retail shall contain a statement of the ingredients contained in the food in accordance with subsections B.01.008.2(1) to (5) and (7).

  • SOR/94-262, s. 1
  • SOR/2003-11, s. 14
  • SOR/2016-305, s. 13

 Sections B.01.090 and B.01.091 do not apply in respect of side bacon, Wiltshire bacon, pork jowls, salt pork or salt beef.

  • SOR/94-262, s. 1
  •  (1) The common name of a simulated meat product or simulated poultry product shall be the common name of the meat product or poultry product that is simulated, modified by the word “simulated”.

  • (2) The word “simulated” in the common name of a simulated meat product or simulated poultry product shall be shown in letters of at least the same size and prominence as those used in the remainder of the common name of that product.

  • (3) Where a simulated meat product or a simulated poultry product is not a prepackaged product, the common name of the product and the other information required by this section to be shown on the label of a simulated meat product or simulated poultry product shall be shown on a sign displayed on or adjacent to the product in letters that are legible and conspicuous to a prospective purchaser.

  • (4) The words

    • (a) “contains no meat”, in the case of a simulated meat product, and

    • (b) “contains no poultry”, in the case of a simulated poultry product,

    shall be shown on the principal display panel of the label of a simulated meat product or simulated poultry product in close proximity to the common name and in letters of at least the same size and prominence as those shown in the common name.

  • (5) to (7) [Repealed, SOR/88-559, s. 11]

  • SOR/88-336, s. 3
  • SOR/88-559, s. 11
  •  (1) For the purposes of this section and section B.01.102, source of protein means any food that contains protein, but does not include spices, seasonings, flavours, artificial flavours, flavour enhancers, food additives and similar foods that contain only small amounts of protein.

  • (2) The common name of a meat product extender shall be the common name of each food in the meat product extender that is a source of protein, plus

    • (a) the word “meat”, or the common name of the meat product that is to be extended, plus the word “extender”; or

    • (b) the words “extender for” plus the common name of the meat product that is to be extended.

  • (3) The common name of a poultry product extender shall be the common name of each food in the poultry product extender that is a source of protein, plus

    • (a) the word “poultry”, or the common name of the poultry product that is to be extended plus the word “extender”; or

    • (b) the words “extender for” plus the common name of the poultry product that is to be extended.

  • (4) Foods that are a source of protein in the meat product extender or poultry product extender shall be shown by their common names in the common name of that meat product extender or poultry product extender

    • (a) in descending order of their proportion by weight of the meat product extender or poultry product extender; and

    • (b) in letters of at least the same size and prominence as those used in the remainder of the common name of the meat product extender or poultry product extender.

  • (5) and (6) [Repealed, SOR/88-559, s. 12]

  •  (1) The common name of an extended meat product or an extended poultry product shall be the common name of the meat product or poultry product that is extended, modified by the common name of each of the foods that are sources of protein in the extended meat product or extended poultry product.

  • (2) Notwithstanding subsection (1),

    • (a) the word or words “meat”, “meat product”, “poultry”, “poultry meat” or “poultry meat by-product” as the case may be, may be used in the common name of an extended meat product or extended poultry product as the common name of the food therein that is a source of protein derived from a meat product or poultry product; and

    • (b) where it is an acceptable manufacturing practice for a manufacturer to omit from his meat product extender or poultry product extender any source of protein derived from a plant that is ordinarily an ingredient of that meat product extender or poultry product extender, or to substitute in whole or in part in his meat product extender or poultry product extender any source of protein derived from a plant for a source of protein that is ordinarily an ingredient of that meat product extender or poultry product extender, the word “plant” may be used in the common name of an extended meat product or extended poultry product as the common name of the food therein that is a source of protein derived from a plant.

  • (3) Foods that are a source of protein in an extended meat product or extended poultry product shall be shown by their common names in the common name of that product

    • (a) in descending order of their proportion by weight of that product; and

    • (b) in letters of at least the same size and prominence as those used in the remainder of the common name of that product.

  • (4) Where an extended meat product or extended poultry product is not a prepackaged product, the common name of that product and the information required by this section to be shown on the label of an extended meat product or extended poultry product shall be shown on a sign displayed on or adjacent to that product in letters that are legible and conspicuous to a prospective purchaser.

  • (5) to (7) [Repealed, SOR/88-559, s. 13]

  •  (1) [Repealed, SOR/2022-143, s. 16]

  • (2) to (4) [Repealed, SOR/88-559, s. 14]

 [Repealed, SOR/2003-11, s. 15]

  •  (1) No person shall, on the label of or in any advertisement for a food, other than in the nutrition facts table or supplemented food facts table, if any, include a declaration of the food’s energy value or the amount of a nutrient or supplemental ingredient contained in the food unless it is declared in the following manner, per serving of stated size:

    • (a) in the case of the energy value, in Calories;

    • (b) in the case of a vitamin referred to in subsection D.01.002(1) that is not one of the following vitamins, in the applicable unit set out in subsection D.01.003(1):

      • (i) beta-carotene as a form of vitamin A or retinol, including its derivatives, as a form of vitamin A, or both, if either is a supplemental ingredient, and

      • (ii) niacin, if it is a supplemental ingredient;

    • (b.01) in the case of the following vitamins, in the applicable unit set out in column 3 of the List of Permitted Supplemental Ingredients:

      • (i) beta-carotene as a form of vitamin A or retinol, including its derivatives, as a form of vitamin A, or both, if either is a supplemental ingredient, and

      • (ii) niacin, if it is a supplemental ingredient;

    • (b.1) in the case of the following mineral nutrients:

      • (i) for sodium, potassium, calcium, phosphorus, magnesium, iron, zinc, chloride, copper and manganese, in milligrams, and

      • (ii) for iodide, chromium, selenium and molybdenum, in micrograms;

    • (c) in the case of cholesterol, in milligrams;

    • (d) in the case of the mineral ion content of prepackaged water or ice, in parts per million;

    • (d.1) in the case of a supplemental ingredient other than a vitamin or mineral nutrient referred to in this subsection, in the applicable unit referred to in column 3 of the List of Permitted Supplemental Ingredients; and

    • (e) in any other case, in grams.

  • (1.1) Despite subsection D.01.003(1) and for the purposes of this section, the amount in metric units of the vitamins referred to in paragraph (1)(b.01) must be determined in terms of their amount in the supplemented food in accordance with column 5 of the List of Permitted Supplemental Ingredients, as applicable.

  • (2) Despite subsection (1), a person may, on the label of or in any advertisement for a food, other than in the nutrition facts table or supplemented food facts table, if any, include a declaration of the percentage of the daily value of a nutrient contained in the food if

    • (a) in the case of a food that is not a supplemented food, the nutrient is listed in column 1 of the table to section B.01.401 or the table to section B.01.402 and the percentage of the daily value of the nutrient is required or permitted to be declared in the nutrition facts table;

    • (b) in the case of a supplemented food, the nutrient is listed in column 1 of the table to section B.29.002 or the table to section B.29.003, or referred to in column 2 of item 18 of the table to section B.29.002, and the percentage of the daily value of the nutrient is required or permitted to be declared in the supplemented food facts table; and

    • (c) the percentage of the daily value of the nutrient is declared per serving of stated size.

  • (3) A declaration referred to in subsection (1) or (2) that appears on the label of a food shall be

    • (a) in English and French; or

    • (b) in one of those languages, if in accordance with subsection B.01.012(3) or (7) the information that is required by these Regulations to be shown on the label of the food may be shown in that language only and is shown on the label in that language.

 If the label of a multiple-serving prepackaged product indicates that the product contains or, if prepared as directed in or on the package, provides a specified number of servings or portions, that information must be based on the serving of stated size set out in the nutrition facts table or supplemented food facts table, as the case may be.

 [Repealed, SOR/2003-11, s. 17]

  •  (1) No person shall, on the label of or in any advertisement for a food, make a representation, express or implied, respecting a protein unless the food meets the conditions set out in column 2 of item 8 of the Table of Permitted Nutrient Content Statements and Claims for the subject “source of protein” set out in column 1.

  • (2) No person shall, on the label of or in any advertisement for a food, other than a supplemented food, make a representation, express or implied, respecting an amino acid unless

    • (a) the food meets the conditions set out in column 2 of item 8 of the Table of Permitted Nutrient Content Statements and Claims for the subject “source of protein” set out in column 1; and

    • (b) the label or advertisement includes a declaration of the amount of histidine, isoleucine, leucine, lysine, methionine, phenylalanine, threonine, tryptophan and valine contained in the food, expressed in grams per serving of stated size.

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

    • (a) a formulated liquid diet, human milk fortifier, human milk substitute or food represented as containing a human milk substitute;

    • (b) foods represented for use in gluten-free diets, protein restricted diets, low (naming the amino acid) diets and (naming the amino acid) free diets;

    • (c) the word “protein” when used as part of the common name of an ingredient in the list of ingredients;

    • (d) the declaration of amino acids in the list of ingredients;

    • (e) the common names that are set out in the Common Names for Ingredients and Components Document, if shown in the list of ingredients in accordance with paragraph B.01.010(3)(a);

    • (f) the common name of a single amino acid preparation that may be sold as a food;

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

    • (h) a statement or claim set out in column 4 of item 7 of the Table of Permitted Nutrient Content Statements and Claims respecting the subject “low in protein” set out in column 1;

    • (i) a declaration of the amount of protein in the nutrition facts table or supplemented food facts table, as the case may be;

    • (j) a statement of the protein content of a food as required by paragraph B.24.103(c), subparagraph B.24.202(a)(ii), paragraph B.24.304(b) or B.25.057(1)(a) or subparagraph B.25.057(2)(c)(i) or (d)(i); or

    • (k) a statement that a food is not a source of protein.

  • (4) A representation referred to in subsection (1) or (2) that appears on the label of a food shall be

    • (a) in English and French; or

    • (b) in one of those languages, if in accordance with subsection B.01.012(3) or (7) the information that is required by these Regulations to be shown on the label of the food may be shown in that language only and is shown on the label in that language.

 
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