Food and Drug Regulations (C.R.C., c. 870)(version of document current to February 3rd, 2011), Canada

A.01.001. These Regulations may be cited as the Food and Drug Regulations.

A.01.002. These Regulations, where applicable, prescribe the standards of composition, strength, potency, purity, quality or other property of the article of food or drug to which they refer.

A.01.003. [Repealed, SOR/94-289, s. 1]

Interpretation

A.01.010. In these Regulations,

“acceptable method” means a method of analysis or examination designated by the Director as acceptable for use in the administration of the Act and these Regulations; (méthode acceptable)

“Act” means the Food and Drugs Act, except in Parts G and J; (Loi)

“common-law partner”, in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year; (conjoint de fait)

“cubic centimetre” and its abbreviation “cc.” shall be deemed to be interchangeable with the term “millilitre” and its abbreviation “ml.”; (centimètre cube)

“Director” means the Assistant Deputy Minister, Health Products and Food Branch, of the Department of Health; (Directeur)

“inner label” means the label on or affixed to an immediate container of a food or drug; (étiquette intérieure)

“Lot number” means any combination of letters, figures, or both, by which any food or drug can be traced in manufacture and identified in distribution; (numéro de lot)

“manufacturer” [Repealed, SOR/97-12, s. 1]

“manufacturer” or “distributor” means a person, including an association or partnership, who under their own name, or under a trade-, design or word mark, trade name or other name, word or mark controlled by them, sells a food or drug; (fabricant ordistributeur)

“official method” means a method of analysis or examination designated as such by the Director for use in the administration of the Act and these Regulations; (méthode officielle)

“outer label” means the label on or affixed to the outside of a package of a food or drug; (étiquette extérieure)

“principal display panel” has the same meaning as in the Consumer Packaging and Labelling Regulations; (espace principal)

“security package” means a package having a security feature that provides reasonable assurance to consumers that the package has not been opened prior to purchase. (emballage de sécurité)

SOR/84-300, s. 1(F); SOR/85-141, s. 1; SOR/89-455, s. 1; SOR/97-12, s. 1; SOR/2000-353, s. 1; SOR/2001-272, s. 5; SOR/2003-135, s. 1.

A.01.011. The Director shall, upon request, furnish copies of official methods.

A.01.012. The Director shall, upon request, indicate that a method is acceptable or otherwise upon its submission to him for a ruling.

A.01.013. Where a food, drug, vitamin or cosmetic has more than one name, whether proper or common, a reference in these Regulations to the food, drug, vitamin or cosmetic by any of its names is deemed to be a reference to the food, drug or vitamin by all of its names.

A.01.014. When a lot number is required by these Regulations to appear on any article, container, package or label it shall be preceded by one of the following designations:

(a)

“Lot number”;

(b)

“Lot No.”;

(c)

“Lot”; or

(d)

“(L)”.

A.01.015. (1) Subject to subsection (2), any statement, information or declaration that is required by these Regulations to appear on the label of any drug shall be in either the French or the English language in addition to any other language.

(2) The adequate directions for use required to be shown on the inner and outer labels of a drug pursuant to subparagraph C.01.004(1)(c)(iii) shall be in both the French and English languages if the drug is available for sale without prescription in an open self-selection area.

SOR/85-140, s. 1.

A.01.016. All information required by these Regulations to appear on a label of a food or drug shall be

(a)

clearly and prominently displayed on the label; and

(b)

readily discernible to the purchaser or consumer under the customary conditions of purchase and use.

Analysts; Inspectors

A.01.020. and A.01.021. [Repealed, SOR/81-935, s. 1]

A.01.022. An inspector shall perform the functions and duties and carry out the responsibilities in respect of foods and drugs prescribed by the Act, and these Regulations.

A.01.023. The authority of an inspector extends to and includes the whole of Canada.

A.01.024. The certificate of designation required pursuant to subsection 22(2) of the Act shall

(a)

certify that the person named therein is an inspector for the purpose of the Act; and

(b)

be signed by

(i)

the Director and the person named in the certificate, in the case of an inspector on the staff of the Department, or

(ii)

[Repealed, SOR/2000-184, s. 60] SOR/80-500, s. 1; SOR/92-626, s. 1; SOR/95-548, s. 5; SOR/2000-184, s. 60.

A.01.025. Where authorized by a regulation made pursuant to the Broadcasting Act, inspectors shall act as representatives of the Canadian Radio-television and Telecommunications Commission for the purpose of enforcing the provisions of regulations made by the Canadian Radio-Television and Telecommunications Commission concerning the advertising of any article to which the Proprietary or Patent Medicine Act or the Food and Drugs Act applies, or concerning recommendations for the prevention, treatment or cure of a disease or ailment.

A.01.026. An inspector may, for the proper administration of the Act or these Regulations, take photographs of

(a)

any article that is referred to in subsection 23(2) of the Act;

(b)

any place where, on reasonable grounds, he believes any article referred to in paragraph (a) is manufactured, prepared, preserved, packaged or stored; and

(c)

anything that, on reasonable grounds, he believes is used or capable of being used for the manufacture, preparation, preservation, packaging or storing of any article referred to in paragraph (a).

SOR/90-814, s. 1.

Importations

A.01.040. Subject to section A.01.044, no person shall import into Canada for sale a food or drug the sale of which in Canada would constitute a violation of the Act or these Regulations.

SOR/92-626, s. 2(F).

A.01.041. An inspector may examine and take samples of any food or drug sought to be imported into Canada.

A.01.042. Where an inspector examines or takes a sample of a food or drug pursuant to section A.01.041, he may submit the food or drug or sample to an analyst for analysis or examination.

A.01.043. Where an inspector, upon examination of a food or drug or sample thereof or on receipt of a report of an analyst of the result of an analysis or examination of the food or drug or sample, is of the opinion that the sale of the food or drug in Canada would constitute a violation of the Act or these Regulations, the inspector shall so notify in writing the collector of customs concerned and the importer.

SOR/84-300, s. 2(E).

A.01.044. (1) Where a person seeks to import a food or drug into Canada for sale and the sale would constitute a violation of the Act or these Regulations, that person may, if the sale of the food or drug would be in conformity with the Act and these Regulations after its relabelling or modification, import it into Canada on condition that

(a)

the person gives to an inspector notice of the proposed importation; and

(b)

the food or drug will be relabelled or modified as may be necessary to enable its sale to be lawful in Canada.

(2)

No person shall sell a food or drug that has been imported into Canada under subsection (1) unless the food or drug has been relabelled or modified within three months after the importation or within such longer period as may be specified by

(a)

in the case of a drug, the Director; or

(b)

in the case of food, the Director or the President of the Canadian Food Inspection Agency.

SOR/92-626, s. 3; SOR/95-548, s. 5; SOR/2000-184, s. 61; SOR/2000-317, s. 18.

Exports

A.01.045. A certificate referred to in section 37 of the Act shall be signed and issued

by the exporter in the form set out in Appendix III. SOR/80-318, s. 1; SOR/90-814, s. 2.

Sampling

A.01.050. When taking a sample of an article pursuant to paragraph 23(1)(a) of the Act, an inspector shall inform the owner thereof or the person from whom the sample is being obtained of the inspector’s intention to submit the sample or a part thereof to an analyst for analysis or examination, and

(a)

where, in the opinion of the inspector, division of the procured quantity would not interfere with analysis or examination

(i)

divide the quantity into three parts,

(ii)

identify the three parts as the owner’s portion, the sample, and the duplicate sample and where only one part bears the label, that part shall be identified as the sample,

(iii) seal each part in such a manner that it cannot be opened without breaking the seal, and

(iv)

deliver the part identified as the owner’s portion to the owner or the person from whom the sample was obtained and forward the sample and the duplicate sample to an analyst for analysis or examination; or

(b)

where, in the opinion of the inspector, division of the procured quantity would interfere with analysis or examination

(i)

identify the entire quantity as the sample,

(ii)

seal the sample in such a manner that it cannot be opened without breaking the seal, and

(iii) forward the sample to an analyst for analysis or examination. SOR/90-814, s. 3.

A.01.051. Where the owner or the person from whom the sample was obtained objects to the procedure followed by an inspector under section A.01.050 at the time the sample was obtained, the inspector shall follow both procedures set out in that section if the owner or the person from whom the sample was obtained supplies him with a sufficient quantity of the article.

Tariff of Fees

A.01.060. The cost of analysing a sample other than for the purpose of the Act, for a department of the Government of Canada for the purpose of legal action is $15.

Labelling of Food and Drugs in Pressurized Containers

A.01.064. [Repealed, SOR/93-243, s. 2]

Security Packaging

A.01.065 (1) In this section, “drug for human use” means a drug that is intended for human use, whether the drug is

(a)

a mouthwash;

(b)

to be inhaled, ingested or inserted into the body; or

(c)

for ophthalmic use.

(2)

Subject to subsection (3), no person shall sell or import a drug for human use that is packaged and available to the general public in a self-service display, unless the drug is contained in a security package.

(3)

Subsection (2) does not apply to lozenges.

(4)

Subject to subsection (5), a statement or illustration that draws attention to the security feature of the security package referred to in subsection (2) shall be carried

(a)

on the inner label of the package; and

(b)

if the security feature is a part of the outer package, on the outer label.

(5)

Subsection (4) does not apply if the security feature of a security package is self-

evident and is an integral part of the immediate product container. SOR/85-141, s. 2; SOR/88-323, s. 1; SOR/92-664, s. 1.

Exemptions Application

A.01.066. Sections A.01.067 and A.01.068 do not apply to

(a)

a drug included in Schedule I, II, III, IV or V to the Controlled Drugs and Substances Act; or

(b)

a drug that is listed or described in Schedule F, other than a drug that is listed or described in Part II of that Schedule and that is

(i)

in a form not suitable for human use, or

(ii)

labelled in the manner prescribed by paragraph C.01.046(b). SOR/2007-288, s. 1.

Advertising

A.01.067. A drug is exempt from subsection 3(1) of the Act with respect to its advertisement to the general public as a preventative, but not as a treatment or cure, for any of the diseases, disorders or abnormal physical states referred to in Schedule A to the Act.

SOR/2007-288, s. 1.

Sale

A.01.068. A drug is exempt from subsection 3(2) of the Act with respect to its sale by a person where the drug is represented by label or is advertised by that person to the general public as a preventative, but not as a treatment or cure, for any of the diseases, disorders or abnormal physical states referred to in Schedule A to the Act.

SOR/2007-288, s. 1.

PART B FOODS

Division 1 General

B.01.001. (1) In this Part,

“agricultural chemical” means any substance that is used, or represented for use, in or on a food during its production, storage or transport, and whose use results, or may reasonably be expected to result, in a residue, component or derivative of that substance in or on a food and includes any pest control product as defined in subsection 2(1) of the Pest Control Products Act, plant growth regulator, fertilizer or any adjuvant or carrier used with that substance. This definition does not include any

(a)

food additive that is listed in, and used in accordance with, the tables to section B.16.100,

(b)

nutritive substance that is used, recognized or commonly sold as food or as an ingredient of food,

(c)

vitamin, mineral nutrient or amino acid,

(d)

essential oil, flavouring preparation, natural extractive, oleoresin, seasoning or spice,

(e)

food packaging material or any substance of which that material is composed, or

(f)

drug recommended for administration to animals that may be consumed as food; (produit chimique agricole)

“available display surface”, in respect of a prepackaged product, means

(a)

the bottom of an ornamental container or the total surface area of both sides of a tag attached to the ornamental container, whichever is greater,

(b)

the total surface area of both sides of a tag attached to a package to which a label cannot be physically applied or on which information cannot be legibly set out and easily viewed by the purchaser or consumer under the customary conditions of purchase, and

(c)

the total surface area of any other package, excluding the bottom if the contents of the package leak out or are damaged when the package is turned over,

but does not include

(d)

any area of a package on which a label cannot be physically applied or on which information cannot be legibly set out and easily viewed by the purchaser or consumer under the customary conditions of purchase,

(e)

any part of a package that is intended to be destroyed when it is opened, other than a package of a food that is intended to be consumed by one person at a single eating occasion, or

(f)

the area occupied by the universal product code; (surface exposée disponible)

“close proximity” means, with reference to the common name, immediately adjacent to the common name without any intervening printed, written or graphic matter; (à proximité)

“common name” means, with reference to a food,

(a)

the name of the food printed in boldface type in these Regulations,

(b)

the name prescribed by any other regulation, or

(c)

if the name of the food is not so printed or prescribed, the name by which the food is generally known; (nom usuel)

“component” means an individual unit of food that is combined as an individual unit of food with one or more other individual units of food to form an ingredient; (constituant) “daily value” means

(a)

in respect of a vitamin or mineral nutrient referred to in the definition “recommended daily intake”, the recommended daily intake for that vitamin or mineral nutrient, and

(b)

in respect of a nutrient referred to in the definition “reference standard”, the reference standard for that nutrient; (valeur quotidienne)

“durable life” means the period, commencing on the day on which a prepackaged product is packaged for retail sale, during which the product, when it is stored under conditions appropriate to that product, will retain, without any appreciable deterioration, its normal wholesomeness, palatability, nutritional value and any other qualities claimed for it by the manufacturer; (durée de conservation)

“durable life date” means the date on which the durable life of a prepackaged product ends; (date limite de conservation)

“energy value” means, in respect of a food, the amount of energy made available to a person’s body when the chemical constituents of the food, including protein, fat, carbohydrate and alcohol, are metabolized following ingestion of the food by the person; (valeur énergétique)

“extended meat product” means a meat product to which a meat product extender has been added; (produit de viande avec allongeur)

“extended poultry product” means a poultry product to which a poultry product extender has been added; (produit de volaille avec allongeur)

“fish product” means fish or prepared fish; (produit de poisson)

“flavouring preparation” includes any food for which a standard is provided in Division 10; (préparation aromatisante)

“food additive” means any substance the use of which results, or may reasonably be expected to result, in it or its by-products becoming a part of or affecting the characteristics of a food, but does not include

(a)

any nutritive material that is used, recognized or commonly sold as an article or ingredient of food;

(b)

vitamins, mineral nutrients and amino acids, other than those listed in the tables to Division 16,

(c)

spices, seasonings, flavouring preparations, essential oils, oleoresins and natural extractives;

(d)

agricultural chemicals, other than those listed in the tables to Division 16,

(e)

food packaging materials and components thereof; and

(f)

drugs recommended for administration to animals that may be consumed as food; (additif alimentaire)

“food colour” means those colours permitted for use in or upon food by Division 6; (colorant alimentaire)

“gelling agent” means gelatin, agar and carrageenan; (agent gélatinisant)

“ingredient” means an individual unit of food that is combined as an individual unit of food with one or more other individual units of food to form an integral unit of food that is sold as a prepackaged product; (ingrédient)

“meal replacement” means a formulated food that, by itself, can replace one or more daily meals; (substitut de repas) “meat product” means meat, meat by-product, prepared meat or prepared meat by-product; (produit de viande)

“meat product extender” means a food that is a source of protein and that is represented as being for the purpose of extending meat products; (allongeur de produit de viande)

“monounsaturated fatty acids”, “monounsaturated fat”, “monounsaturates” or “monounsaturated” means cis-monounsaturated fatty acids; (acides gras monoinsaturés, graisses monoinsaturées, gras monoinsaturés, lipides monoinsaturés oumonoinsaturés)

“nutritional supplement” means a food sold or represented as a supplement to a diet that may be inadequate in energy and essential nutrients; (supplément nutritif)

“nutrition facts table” means the nutrition facts table that is required by subsection B.01.401(1) to be carried on the label of a prepackaged product; (tableau de la valeur nutritive)

“omega-3 polyunsaturated fatty acids”, “omega-3 polyunsaturated fat”, “omega-3 polyunsaturates”, “omega-3 polyunsaturated” or “omega-3” means

(a)

9-cis, 12-cis, 15-cis octadecatrienoic acid or α-linolenic acid,

(b)

8-cis, 11-cis, 14-cis, 17-cis eicosatetraenoic acid,

(c)

5-cis, 8-cis, 11-cis, 14-cis, 17-cis eicosapentaenoic acid or EPA,

(d)

7-cis, 10-cis, 13-cis, 16-cis, 19-cis docosapentaenoic acid, or

(e)

4-cis, 7-cis, 10-cis, 13-cis, 16-cis, 19-cis docosahexaenoic acid or DHA; (acides gras polyinsaturés oméga-3, graisses polyinsaturées oméga-3, gras polyinsaturés oméga-3, lipides polyinsaturés oméga-3, polyinsaturés oméga-3 ouoméga-3)

“omega-6 polyunsaturated fatty acids”, “omega-6 polyunsaturated fat”, “omega-6 polyunsaturates”, “omega-6 polyunsaturated” or “omega-6” means

(a)

9-cis, 12-cis octadecadienoic acid or linoleic acid,

(b)

6-cis, 9-cis, 12-cis octadecatrienoic acid,

(c)

8-cis, 11-cis, 14-cis eicosatrienoic acid or di-homo-γ-linolenic acid,

(d)

5-cis, 8-cis, 11-cis, 14-cis eicosatetraenoic acid or arachidonic acid,

(e)

7-cis, 10-cis, 13-cis, 16-cis docosatetraenoic acid, or

(f)

4-cis, 7-cis, 10-cis, 13-cis, 16-cis docosapentaenoic acid; (acides gras polyinsaturés oméga-6, graisses polyinsaturées oméga-6, gras polyinsaturés oméga6, lipides polyinsaturés oméga-6, polyinsaturés oméga-6 ouoméga-6)

“ornamental container” means a container that, except on the bottom, does not have any promotional or advertising material thereon, other than a trade mark or common name and that, because of any design appearing on its surface or because of its shape or texture, appears to be a decorative ornament and is sold as a decorative ornament in addition to being sold as the container of a product; (emballage décoratif)

“overage” means the amount of a vitamin or mineral nutrient that is, within the limits of good manufacturing practice, added to a food in excess of the amount declared on the label, in order to ensure that the amount of the vitamin or mineral nutrient declared on the label is maintained throughout the durable life of the food; (surtitrage)

“parts per million” [Repealed, SOR/2010-94, s. 1]

“parts per million” or “p.p.m.” means parts per million by weight unless otherwise stated; (parties par million oup.p.m.)

“per cent” or “%” means per cent by weight, unless otherwise stated; (pour cent)

“polyunsaturated fatty acids”, “polyunsaturated fat”, “polyunsaturates” or “polyunsaturated” means cis-methylene interrupted polyunsaturated fatty acids; (acides gras polyinsaturés, graisses polyinsaturées, gras polyinsaturés, lipides polyinsaturés oupolyinsaturés)

“poultry product” means poultry meat, prepared poultry meat, poultry meat by-product or prepared poultry meat by-product; (produit de volaille)

“poultry product extender” means a food that is a source of protein and that is represented as being for the purpose of extending poultry products; (allongeur de produit de volaille)

“prepackaged meal” means a prepackaged selection of foods for one individual that requires no preparation other than heating and that contains at least one serving, as described in Canada’s Food Guide to Healthy Eating, published in 1992 by the Department of Supply and Services by authority of the Minister of National Health and Welfare, of

(a)

meat, fish, poultry, legumes, nuts, seeds, eggs or milk or milk products other than butter, cream, sour cream, ice-cream, ice milk and sherbet; and

(b)

vegetables, fruit or grain products; (repas préemballé)

“prepackaged product” means any food that is contained in a package in the manner in which it is ordinarily sold to or used or purchased by a person; (produit préemballé)

“principal display panel” means, despite the meaning assigned to that term in section A.01.010,

(a)

in the case of a label applied to a prepackaged product that is subject to the Consumer Packaging and Labelling Act the principal display panel as defined in the Consumer Packaging and Labelling Regulations,

(b)

in the case of a label applied to a prepackaged product that is not subject to the Consumer Packaging and Labelling Act, that part of the label applied to all or part of the side or surface of the container that is displayed or visible under normal or customary conditions of sale or use, and where the container does not have such a side or surface, that part of the label applied to any part of the container, except the bottom, if any, and

(c)

in the case of a label applied to a food that is not a prepackaged product, that part of the label applied to all or part of the side or surface of the food that is displayed or visible under normal or customary conditions of sale or use; (espace principal)

“reasonable daily intake”, in respect of a food set out in Column I of an item of Schedule K, means the amount of that food set out in Column II of that item; (ration quotidienne raisonnable)

“recommended daily intake”, in respect of a vitamin or mineral nutrient set out in column I of Table I to Division 1 of Part D or in column I of Table I to Division 2 of Part D, means

(a)

in the case of a prepackaged product intended solely for children under two years of age, the quantity set out in column III, and

(b)

in any other case, the quantity set out in column II; (apport quotidien recommandé)

“reference amount”, in respect of a food set out in column 1 of Schedule M, means the amount of that food set out in column 2; (quantité de référence) “reference standard”, in respect of a nutrient set out in column 1 of the table to section B.01.001.1, means the amount set out in column 2; (norme de référence)

“saturated fatty acids”, “saturated fat”, “saturates” or “saturated” means all fatty acids that contain no double bonds; (acides gras saturés, graisses saturées, gras saturés, lipides saturés ousaturés)

“simulated meat product” means any food that does not contain any meat product, poultry product or fish product but that has the appearance of a meat product; (simili-produit de viande)

“simulated poultry product” means any food that does not contain any poultry product, meat product or fish product but that has the appearance of a poultry product; (simili-produit de volaille)

“sugars” means all monosaccharides and disaccharides; (sucres)

“sweetener” means any food additive listed as a sweetener in Table IX to section B.16.100; (édulcorant)

“sweetening agent” includes any food for which a standard is provided in Division 18, but does not include those food additives listed in the tables to Division 16; (agent édulcorant)

“trans fatty acids”, “trans fat” or “trans” means unsaturated fatty acids that contain one or more isolated or non-conjugated double bonds in a trans-configuration; (acides gras trans, graisses trans, gras trans, lipides trans outrans)

“unstandardized food” means any food for which a standard is not prescribed in this Part; (aliment non normalisé)

“weighted recommended nutrient intake”, in respect of a vitamin or mineral nutrient set out in column I of Table II to Division 1 of Part D or in column I of Table II to Division 2 of Part D, means the amount set out in column III; (apport nutritionnel recommandé pondéré)

“yolk-replaced egg” means a food that

(a)

does not contain egg yolk but contains fluid, dried or frozen egg albumen or mixtures thereof,

(b)

is intended as a substitute for whole egg, and

(c)

meets the requirements of section B.22.032. (oeuf à jaune substitué)

(2)

The definitions in this subsection apply for the purposes of the Act.

“agricultural chemical” has the same meaning as in subsection (1). (produit chimique agricole)

“food additive” has the same meaning as in subsection (1). (additif alimentaire) SOR/78-403, s. 1(F); SOR/79-23, s. 1; SOR/81-83, s. 1; SOR/81-617, s. 1; SOR/88-336, s. 1; SOR/88559, s. 1; SOR/89-175, s. 1; SOR/91-124, s. 1; SOR/91-527, s. 1; SOR/93-276, s. 1; SOR/95-474, s. 1; SOR/98-580, s. 1(F); SOR/2000-353, s. 3; SOR/2003-11, s. 1; err.(E), Vol. 137, No. 5; SOR/2005-98, s. 1; SOR/2008-181, s. 1; SOR/2008-182, s. 1; SOR/2010-94, s. 1.

B.01.001.1 (1) In this section, “fat” means all fatty acids expressed as triglycerides.

(2) The reference standard for a nutrient set out in column 1 of the table to this section is the amount set out in column 2.

TABLE REFERENCE STANDARDS

Column 1 Column 2 Item Nutrient Amount

1. Fat 65 g
2. The sum of saturated fatty acids and trans fatty acids 20 g
3. Cholesterol 300 mg
4. Carbohydrate 300 g
5. Fibre 25 g
6. Sodium 2400 mg
7. Potassium 3500 mg

SOR/2003-11, s. 2.

B.01.002. Each provision in this Part in which the symbol [S] appears between the provision number and the name of the food described in that provision prescribes the standard of composition, strength, potency, purity, quality or other property of that food and a provision in which the symbol does not appear does not prescribe a standard for a food.

SOR/79-752, s. 1. B.01.002A. (1) For the purposes of this Part, a serving of stated size of a food shall be

(a)

based on the food as offered for sale; and

(b)

expressed

(i)

in grams, if

(A)

the net quantity of the food is declared on the label by weight or by count, or

(B)

the food is set out in column 1 of item 78, 149 or 150 of Schedule M, and

(ii)

in millilitres, if the net quantity of the food is declared on the label by volume, except in the case of a food referred to in clause (i)(B).

(2)

A serving of stated size shall be the net quantity of the food in the package if

(a)

the quantity of food can reasonably be consumed by one person at a single eating occasion;

(b)

the reference amount of the food is less than 100 g or 100 mL and the package contains less than 200% of that reference amount; or

(c)

the reference amount of the food is 100 g or 100 mL or more and the package

contains 150% or less of that reference amount. SOR/88-559, s. 2; SOR/2003-11, s. 3.

B.01.003. (1) The following foods shall carry a label when offered for sale:

(a)

all prepackaged products other than

(i)

prepackaged confections, commonly known as one bite confections, that are sold individually, and

(ii)

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

(b)

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

(c)

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

(d)

horse-meat or horse-meat by-product;

(e)

any substance or mixture of substances for use as a food additive or food additive preparation; and

(f)

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

(2)

[Repealed, SOR/79-23, s. 2] SOR/79-23, s. 2.

B.01.004. (1) All or part of the label referred to in section B.01.003 shall be applied

(a)

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

(b)

in the case of a food that is not a prepackaged product, to the food itself.

(2)

The label shall be applied in such a manner that the container of the prepackaged

product or the food, as the case may be, will bear the label at the time it is sold. SOR/84-300, s. 3.

B.01.005. (1) Subject to subsections (2) to (5), the information required to be shown on a label shall not be shown on that part of the label, if any, that is applied to the bottom of a food or container.

(2)

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

(3)

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

(4)

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

(5)

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

SOR/79-529, s. 1; SOR/92-626, s. 4; SOR/2003-11, s. 4.

B.01.006. (1) The common name of the food shall be shown on the principal display panel.

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

SOR/79-23, s. 3; SOR/92-626, s. 5.

B.01.007. (1) In this section, “packaging date” means

(a)

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

(b)

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

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

(a)

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

(b)

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

(i)

the durable life date, and

(ii)

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

(c)

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

(i)

the packaging date, and

(ii)

the durable life of the food, except when the durable life appears on a poster next to the food.

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

(2)

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

(3)

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

(a)

prepackaged products consisting of fresh fruits or fresh vegetables;

(b)

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

(c)

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

(d)

prepackaged donuts.

(4)

The durable life date shall be shown in the following manner:

(a)

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

(b)

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

(c)

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

(d)

the day of the month shall be shown after the month and shall be expressed in numbers.

(5)

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

(6)

Except as otherwise provided in these Regulations, no person shall use a durable life date marking system on the label of a prepackaged product or in advertising a prepackaged product other than the marking system set out in this section.

(7)

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

(a)

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

(b)

the terms “best before” and “meilleur avant” are replaced by the terms “use by”

and “employez avant”. SOR/79-23, s. 4; SOR/79-529, s. 2; SOR/88-291, s. 1; SOR/92-626, s. 6.

B.01.008. (1) The following information shall be shown grouped together on any part of the label:

(a) any information required by these Regulations, other than the information required to appear on the principal display panel or the nutrition facts table and the information required by sections B.01.007, B.01.301, B.01.305, B.01.311, B.01.503,

B.01.009. (1) Components of ingredients or of classes of ingredients set out in the

following table are not required to be shown on a label: TABLE

Item Ingredient Item Ingredient

1. butter
2. margarine
3. shortening
4. lard
5. leaf lard
6. monoglycerides
7. diglycerides
8. rice
9. starches or modified starches
10. breads subject to compositional standards in sections B.13.021 to B.13.029
11. flour
12. soy flour
13. graham flour
14. whole wheat flour
15. baking powder
16. milks subject to compositional standards in sections B.08.003 to B.08.027
17. chewing gumbase
18. sweetening agents subject to compositional standards in sections B.18.001 to
19. cocoa, low-fat cocoa
20. salt
21. vinegars subject to compositional standards in sections B.19.003 to B.19.007
22. Bourbon whisky and alcoholic beverages subject to compositional standards in sections B.02.001 to B.02.134
23. cheese for which a standard is prescribed in Division 8, if the total amount of cheese in a prepackaged product is less than 10 per cent of that packaged product
1. jams, marmalades and jellies subject to compositional standards in sections
2. B.11.201 to B.11.241 when the total amount of those ingredients is less than 5 per cent of a prepackaged product
24. olives, pickles, relish and horse-radish when the total amount of those ingredients is less than 10 per cent of a prepackaged product
25. one or more vegetable or animal fats or oils for which a standard is prescribed in Division 9, and hydrogenated, modified or interesterified vegetable or animal fats or oils, if the total of those fats and oils as are contained in a prepackaged product is less than 15 per cent of that prepackaged product
26. prepared or preserved meat, fish, poultry meat, meat by-product or poultry by-product when the total amount of those ingredients is less than 10 per cent of a prepackaged product that consists of an unstandardized food
27. alimentary paste that does not contain egg in any form or any flour other than wheat flour
28. bacterial culture
29. hydrolysed plant protein
30. carbonated water
31. whey, whey powder, concentrated whey, whey butter and whey butter oil
32. mould culture
33. chlorinated water and fluorinated water
34. gelatin
35. toasted wheat crumbs used in or as a binder, filler or breading in or on a food product

B.18.018

(2) Subject to subsection (3), where a preparation or mixture set out in the table to this subsection is added to a food, the ingredients and components of the preparation or mixture are not required to be shown on the label of that food.

TABLE

Item Preparation/Mixture

1. food colour preparations
2. flavouring preparations
3. artificial flavouring preparations
4. spice mixtures
5. seasoning or herb mixtures
6. vitamin preparations
7. mineral preparations
8. food additive preparations
9. rennet preparations
10. food flavour-enhancer preparations
11. compressed, dry, active or instant yeast preparations

(3)

Where a preparation or mixture set out in the table to subsection (2) is added to a food, and the preparation or mixture contains one or more of the following ingredients or components, those ingredients or components shall be shown by their common names in the list of the ingredients of the food to which they are added as if they were ingredients of that food:

(a)

salt;

(b)

glutamic acid or its salts;

(c)

hydrolysed plant protein;

(d)

aspartame;

(e)

potassium chloride; and

(f)

any ingredient or component that performs a function in, or has any effect on, that food.

(4)

Notwithstanding subsections (1) and (2), where any of the following components is contained in an ingredient set out in the tables to those subsections, that component shall be shown in the list of ingredients:

(a)

peanut oil;

(b)

hydrogenated or partially hydrogenated peanut oil; and

(c)

modified peanut oil.

(5)

Notwithstanding subsection B.01.008(10) and item 23 of the table to subsection (1), if lysozyme from egg-white is added to a food described in section B.08.033 or B.08.034, the label of the food shall show “lysozyme from egg-white" in the list of ingredients in the same manner that is required in subsection B.01.008(4) or (5), as applicable.

SOR/78-728, s. 1; SOR/79-23, s. 6; SOR/79-662, s. 1; SOR/88-559, s. 4; SOR/92-626, s. 8; SOR/93145, s. 2; SOR/93-465, s. 1; SOR/95-548, s. 5(F); SOR/97-263, s. 1; SOR/2000-417, s. 1; SOR/2010143, s. 39(E).

B.01.010. (1) In this section, “common name” includes a name set out in Column II of the tables to subsection (3).

(2)

An ingredient or component shall be shown in the list of ingredients by its common name.

(3)

For the purposes of subsection (2),

(a)

the ingredient or component set out in Column I of an item of the following table shall be shown in the list of ingredients by the common name set out in Column II of that item:

TABLE

Column I Column II Item Ingredient or Component Common Name

1. any oil, fat or tallow described in section

B.09.002 of Division 9, except lard, leaf or suet

1. shortening or margarine containing fats or oils, except shortening or margarine containing coconut oil, palm oil, palm kernel oil, peanut oil or cocoa butter
2. shortening or margarine containing coconut oil, palm oil, palm kernel oil, peanut oil or cocoa butter
3. meat
4. poultry meat
5. fish
6. plant protein product
7. hydrolyzed plant protein produced by the enzymatic process
8. any protein isolate
9. any meat by-product described in section B.14.003, other than gelatin
10. any poultry meat by-product described in section B.22.003
11. any oil or fat referred to in section B.09.002 that has been hydrogenated or partially hydrogenated, including tallow, but not including lard
12. any oil or fat referred to in section B.09.002 of Division 9, including tallow, that has been modified by the complete or partial removal of a fatty acid
13. one or more vegetable fats or oils, except coconut oil, palm oil, palm kernel oil, peanut oil or cocoa butter, that have been hydrogenated or partially hydrogenated
14. coconut oil, palm oil, palm kernel oil, peanut oil or cocoa butter that has been hydrogenated or partially hydrogenated
15. one or more marine fats or oils that have been hydrogenated or partially hydrogenated
16. one or more vegetable fats or oils, except coconut oil, palm oil, palm kernel oil, peanut oil or cocoa butter, that have been modified by the complete or partial removal of a fatty

the name of the meat from which the oil, fat or tallow is obtained plus oil, fat or tallow

shortening or margarine modified by vegetable oil or marine oil or by the common name of the vegetable, animal or marine oil or fat used

shortening or margarine modified by the common name of the vegetable oil or fat used

the name of the meat the name of the poultry the name of the fish the name of the plant plus protein

product

hydrolyzed plus the name of the plant plus protein the name of the source of the protein

plus protein or the common name of

the protein isolate the name of the meat plus by-product or the name of the meat plus the name of the meat by-product

the name of the poultry plus by-product or the name of the poultry plus the name of the poultry meat by-product

“hydrogenated” plus the name of the meat from which the oil, fat or tallow is obtained, plus oil, fat or tallow

modified plus the name of the meat from which the oil, fat or tallow is obtained, plus oil, fat or tallow

hydrogenated vegetable oil or hydrogenated vegetable fat or hydrogenated plus the specific name of the oil or fat

hydrogenated plus the specific name of the oil or fat

hydrogenated marine oil or hydrogenated marine fat or hydrogenated plus the specific name of the oil or fat

modified vegetable oil or modified vegetable fat or modified plus the specific name of the oil or fat

Column I Column II Item Ingredient or Component Common Name

acid

1. coconut oil, palm oil, palm kernel oil, peanut oil or cocoa butter that has been modified by the complete or partial removal of a fatty acid
2. one or more marine fats or oils that have been modified by the complete or partial removal of a fatty acid

modified plus the specific name of the oil or fat

modified marine oil or modified plus the specific name of the oil or fat

(b) except when one of the ingredients or components set out in column I of the table to this paragraph is shown separately in the list of ingredients by its common name, all of the ingredients or components present in a food set out in column I of an item of that table may be shown collectively in the list of ingredients by the common name set out in column II of that item:

TABLE

Column I Column II Item Ingredient or Component Common Name

1. one or more vegetable fats or oils, except coconut oil, palm oil, palm kernel oil, peanut oil or cocoa butter
2. one or more marine fats or oils
3. one or more of the colours listed in Table III of Division 16, except annatto where used in accordance with paragraph B.14.031(i) or subparagraph B.14.032(d)(xvi)
4. one or more substances prepared for their flavouring properties and produced from animal or vegetable raw materials or from food constituents derived solely from animal or vegetable raw materials
5. one or more substances prepared for their flavouring properties and derived in whole or in part from components obtained by chemical synthesis
6. one or more spices, seasonings or herbs except salt
7. any of the following in liquid, concentrated, dry, frozen or reconstituted form, namely, butter, buttermilk, butter oil, milk fat, cream, milk, partly skimmed milk, skim milk and any other component of milk the chemical composition of which has not been altered and that exists in the food in the same chemical state in which it is found in milk

7.1 any of the following in liquid, concentrated, dry, frozen or reconstituted form, namely, calcium-reduced skim milk (obtained by the ion-exchange process), casein, caseinates, cultured milk products, milk serum proteins, ultrafiltered milk, whey, whey butter, whey cream and any other component of milk the chemical state of which has been altered from that in which it is found in milk

1. one or more ingredients or components set out in item 7 combined with any one or more ingredients or components set out in item 7.1
2. any combination of disodium phosphate, monosodium phosphate, sodium hexametaphosphate, sodium

vegetable oil or vegetable fat marine oil colour

flavour

artificial flavour, imitation flavour or simulated flavour

spices, seasonings or herbs milk ingredients

modified milk ingredients

modified milk ingredients

sodium phosphate or sodium phosphates

Column I Column II Item Ingredient or Component Common Name

tripolyphosphate, tetrasodium pyrophosphate and sodium acid pyrophosphate

1. one or more species of bacteria
2. one or more species of mould
3. preparation containing rennin
4. milk coagulating enzymes from Aspergillus oryzae RET-1 (pBoel777), Endothia parasitica, Rhizomucor miehei (Cooney and Emerson) (previous name: Mucor miehei (Cooney and Emerson))or Mucor pusillus Lindt
5. one or more substances the function of which is to impart flavour and that are obtained solely from the plant or animal source after which the flavour is named
6. toasted wheat crumbs made by cooking a dough prepared with flour and water, which may be unleavened or chemically or yeast leavened, and which otherwise complies with the standard prescribed by section B.13.021 or B.13.022
7. that portion of chewing gum, other than the coating, that does not impart sweetness, flavour or colour
8. sugar, liquid sugar, invert sugar or liquid invert sugar, singly or in combination
9. glucose syrups and isomerized glucose syrups, singly or in combination, where the fructose fraction does not exceed 60 per cent of the sweetener on a dry basis
10. glucose syrups and isomerized glucose syrups, singly or in combination, where the fructose fraction exceeds 60 per cent of the sweetener on a dry basis
11. sugar or glucose-fructose, singly or in combination
12. water to which carbon dioxide is added
13. one or more of the following food additives, namely, potassium bisulphite, potassium metabisulphite, sodium bisulphite, sodium metabisulphite, sodium sulphite, sodium dithionite, sulphurous acid and sulphur dioxide
14. demineralized water or water otherwise treated to remove hardness or impurities, or fluoridated or chlorinated water
15. wine vinegar, spirit vinegar, alcohol vinegar, white vinegar, grain vinegar, malt vinegar, cider vinegar or apple vinegar, singly or in combination

bacterial culture

mold culture or mould culture rennet microbial enzyme

the name of the plant or animal source plus the word “flavour”

toasted wheat crumbs

gum base

sugar

glucose-fructose

fructose syrup

sugar/glucosefructose

carbonated water sulphiting agents or sulphites

water

vinegar

(4)

Notwithstanding subsection (2) and subsection B.01.008(5), where a food contains ingredients of the same class, those ingredients may be shown by a class name if

(a)

they consist of more than one component and are not listed in the table to subsection B.01.009(1); and

(b)

their components are shown

(i)

immediately after the class name of the ingredients of which they are components, in such a manner as to indicate that they are components of the ingredients, and

(ii)

in descending order of their collective proportion of those ingredients.

SOR/79-23, ss. 7, 8(F); SOR/79-529, s. 3; SOR/80-632, s. 1; SOR/84-300, ss. 4(E), 5(F); SOR/91-124,

s. 2; SOR/92-626, s. 9; SOR/92-725, s. 1; SOR/93-243, s. 2(F); SOR/93-465, s. 2; SOR/95-548, s. 5(F); SOR/97-516, s. 1; SOR/98-458, ss. 1, 7(F); SOR/2005-98, s. 7; SOR/2007-302, s. 4(F).

B.01.011. (1) Where it is an acceptable manufacturing practice for a manufacturer to

(a)

omit from his prepackaged product any food that is ordinarily an ingredient or component, or

(b)

substitute in whole or in part in his prepackaged product any other food for a food that is ordinarily an ingredient or component, the list of ingredients for the 12-month period commencing from the time the label is applied to the prepackaged product may show as ingredients or components the foods that may be omitted and the foods that may be used as substitutes if

(c)

all the foods that may be used as ingredients or components throughout the 12month period are shown in the list of ingredients;

(d)

it is clearly stated as part of the list of ingredients that the food shown as an ingredient or component may not be present or that another food may be substituted for a food shown as an ingredient or component; and

(e)

the foods that may be omitted or substituted are grouped with the same class of foods that are used as ingredients or components and the foods within each such group are listed in descending order of the proportion in which they will probably be used during the 12-month period.

(2)

Where it is an acceptable manufacturing practice for a manufacturer to vary the proportions of ingredients or components of his prepackaged product, the list of ingredients for the 12-month period commencing from the time the label is applied to the prepackaged product may show the ingredients or components in the same proportions throughout the 12-month period if

(a)

it is clearly stated as part of the list of ingredients that the proportions indicated are subject to change; and

(b)

the ingredients or components are listed in descending order of the proportion in which they will probably be used during the 12-month period.

B.01.012. (1) In this section,

“local government unit” means a city, metropolitan government area, town, village, municipality or other area of local government but does not include any local government unit situated within a bilingual district established under the Official Languages Act; (collectivité locale)

“local food” means a food that is manufactured, processed, produced or packaged in a local government unit and sold only in

(a)

the local government unit in which it is manufactured, processed or packaged,

(b)

one or more local government units that are immediately adjacent to the one in which it is manufactured, processed, produced or packaged, or

(c)

the local government unit in which it is manufactured, processed, produced or packaged and in one or more local government units that are immediately adjacent to the one in which it is manufactured, processed, produced or packaged; (produit alimentaire local)

“mother tongue” means the language first learned in childhood by persons in any area of Canada and still understood by them as ascertained by the decennial census taken immediately preceding the date on which the food referred to in subsection (3) is sold to the consumer; (langue maternelle)

“official languages” means the English language and the French language; (langues officielles)

“specialty food” means a food that

(a)

has special religious significance and is used in religious ceremonies; or

(b)

is an imported food

(i)

that is not widely used by the population as a whole in Canada, and

(ii)

for which there is no readily available substitute that is manufactured, processed, produced or packaged in Canada and that is generally accepted as being a comparable substitute; (aliment spécial)

“test market food” means a food that, prior to the date of the notice of intention respecting that food referred to in subsection (5), was not sold in Canada in that form and that differs substantially from any other food sold in Canada with respect to its composition, function, state or packaging form and includes a food referred to in section B.01.054. (produit alimentaire d’essai)

(2)

Subject to subsections (9), (10) and (11), all information required by these Regulations to be shown on the label of a food shall be shown in both official languages.

(3)

Subject to subsections (4) to (6), subsection (2) does not apply to a local food or test market food if

(a)

it is sold in a local government unit in which one of the official languages is the mother tongue of less than 10 per cent of the total number of persons residing in the local government unit; and

(b)

the information required by these Regulations to be shown on the label of a food is shown in the official language that is the mother tongue of at least 10 per cent of the total number of persons residing in the local government unit.

(4)

Where one of the official languages is the mother tongue of less than 10 per cent of the total number of persons residing in a local government unit and the other official language is the mother tongue of less than 10 per cent of the total number of persons residing in the same local government unit, subsection (3) does not apply.

(5)

Subsection (3) does not apply to a test market food unless the person who intends to conduct the test marketing of the food has, six weeks prior to conducting the test marketing, filed with the President of the Canadian Food Inspection Agency a notice of intention in a form acceptable to the President.

(6)

A test market food shall, for the purposes of subsection (3), cease to be a test market food upon the expiration of 12 cumulative months after the date on which it was first offered for sale as a test market food but any test market food that was acquired for resale by a person, other than the person who filed the notice of intention referred to in subsection (5), before the expiration of those 12 cumulative months, shall continue to be a test market food for the purposes of subsection (3) until it is sold.

(7)

Subsection (2) does not apply to a specialty food if the information required by these Regulations to be shown on the label thereon is shown in one of the official languages.

(8)

Where there are one or more surfaces on the label of a food that are of at least the same size and prominence as the principal display panel, the information required by these Regulations to be shown on the principal display panel may be shown in one official language if such information is shown in the other official language on one of those other surfaces.

(9)

Subsection (2) does not apply to the identity and principal place of business of the person by or for whom the food was manufactured, processed, produced or packaged for resale if this information is shown in one of the official languages.

(10)

Subsection (2) does not apply to the following common names if the common name appears on the principal display panel in the following manner:

Scotch Whisky Akvavit Irish Whisky Aquavit Highland Whisky Dry Gin Bourbon Tennessee Whisky Tequila Mezcal Rye Whisky Crème de Menthe Crème de Cacao Crème de Cassis Crème de Banane Triple Sec Anisette Crème de Noyau Brandy Sake or Saki Advocaat or Advokaat Kirsch SlivovitzOuzo Cherry Brandy Liqueur Kummel Armagnac Marc Grappa Calvados Poire William Crème de Bleuets Curaçao Orange Liqueur de Fraise Mandarinette Prunelle de Bourgogne Chartreuse Pastis Fior d’Alpe Strega Campari Americano Apricot Brandy Liqueur Peach Brandy Liqueur Sloe Gin Manhattan Martini

(11)

Subsection (2) does not apply to the label of a shipping container destined to a commercial or industrial enterprise or institution, if

(a)

the shipping container and its contents are not resold as a one unit prepackaged product to a consumer at the retail level; and

(b)

all information required by these Regulations to be shown on a label of a food is shown in one of the official languages.

SOR/79-23, s. 9; SOR/79-529, s. 4; SOR/84-300, s. 6; SOR/93-603, s. 1; SOR/95-548, s. 5; SOR/2000184, s. 62.

B.01.013. (1) Unless specifically required by the Act or these Regulations, no reference, direct or indirect, to the Act or to these Regulations shall be made on any label of, or in any advertisement for, a food.

(2) Notwithstanding subsection (1), where a food complies with a standard established by these Regulations and the manufacturer of the food has substantiated, by means of the results of tests carried out before the statement is made or by other evidence that exists before the statement is made, that the food so complies, a statement that the food “complies with the standard for (naming the common name of the food in respect of which the claim is made) in the Food and Drug Regulations” may be made on the label of, or in an advertisement for, the food.

SOR/92-626, s. 10; SOR/95-548, s. 5(F).

B.01.014. The label of a food, other than a sweetener, that contains aspartame shall carry the following information:

(a)

subject to paragraph (b), a statement on the principal display panel to the effect that the food contains aspartame or is sweetened with aspartame, in letters 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 section 14 of the Consumer Packaging and Labelling Regulations;

(b)

in the case where other sweeteners are used in conjunction with aspartame, a statement on the principal display panel to the effect that the food

(i)

contains aspartame and (naming the other sweeteners), or

(ii)

is sweetened with aspartame and (naming the other sweeteners),

in letters 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 section 14 of the Consumer Packaging and Labelling Regulations;

(c)

a statement on any part of the label to the effect that aspartame contains phenylalanine; and

(d)

a statement setting out the aspartame content expressed in milligrams per

serving of stated size. SOR/81-617, s. 2; SOR/88-559, s. 5; SOR/2003-11, s. 6.

B.01.015. (1) The label of a food that is a sweetener that contains aspartame shall carry the following information:

(a)

a statement on the principal display panel to the effect that the food contains aspartame or is sweetened with aspartame, in letters 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 section 14 of the Consumer Packaging and Labelling Regulations;

(b)

a statement on any part of the label to the effect that aspartame contains phenylalanine;

(c)

a statement on any part of the label of the sweetness per serving expressed in terms of the amount of sugar required to produce an equivalent degree of sweetness; and

(d)

a statement setting out the aspartame content expressed in milligrams per serving of stated size.

(2)

[Repealed, SOR/2007-176, s. 1] SOR/81-617, s. 2; SOR/88-559, s. 6; SOR/2003-11, s. 7; SOR/2007-176, s. 1.

B.01.016. The label of a food, other than a table-top sweetener, that contains sucralose shall carry the following information:

(a)

subject to paragraph (b), a statement on the principal display panel to the effect that the food contains sucralose or is sweetened with sucralose, in letters of at least the same size and prominence as the letters used for showing the numerical quantity in the declaration of net quantity as required under section 14 of the Consumer Packaging and Labelling Regulations;

(b)

where sucralose is used in conjunction with another sweetener or a sweetening agent or both, the names thereof shown in a statement on the principal display panel to the effect that the food contains, or is sweetened with, sucralose and the other sweetener or the sweetening agent or both, as the case may be, in letters as described in paragraph (a); and

(c)

a statement setting out the sucralose content expressed in milligrams per serving

of stated size. SOR/91-527, s. 2; SOR/94-625, s. 1; SOR/2003-11, s. 8.

B.01.017. (1) The label of a food that is a table-top sweetener that contains sucralose shall carry the following information:

(a)

a statement on the principal display panel to the effect that the food contains sucralose or is sweetened with sucralose, in letters of at least the same size and prominence as the letters used for showing the numerical quantity in the declaration of net quantity as required under section 14 of the Consumer Packaging and Labelling Regulations;

(b)

a statement on any part of the label setting out the sweetness per serving expressed in terms of the amount of sugar required to produce an equivalent degree of sweetness; and

(c)

a statement setting out the sucralose content expressed in milligrams per serving of stated size.

(2)

[Repealed, SOR/2007-176, s. 2] SOR/91-527, s. 2; SOR/94-625, s. 2; SOR/2003-11, s. 9; SOR/2007-176, s. 2.

B.01.018. The label of a food that contains polydextrose shall indicate the amount of polydextrose expressed in grams per serving of stated size.

SOR/93-276, s. 2; SOR/94-779, s. 1; SOR/97-512, s. 1; SOR/2003-11, s. 10.

B.01.019. The label of a food, other than a table-top sweetener, that contains acesulfame-potassium shall carry the following information:

(a)

subject to paragraph (b), a statement on the principal display panel to the effect that the food contains acesulfame-potassium or is sweetened with acesulfamepotassium, in letters of at least the same size and prominence as the characters used for showing the numerical quantity in the declaration of net quantity as required under section 14 of the Consumer Packaging and Labelling Regulations;

(b)

where acesulfame-potassium is used in conjunction with another sweetener or a sweetening agent or both, the names thereof shown in a statement on the principal display panel to the effect that the food contains, or is sweetened with, acesulfamepotassium and the other sweetener or the sweetening agent or both, as the case may be, in letters as described in paragraph (a); and

(c)

a statement setting out the acesulfame-potassium content expressed in

milligrams per serving of stated size. SOR/94-625, s. 3; SOR/2003-11, s. 11.

B.01.020. (1) The label of a food that is a table-top sweetener that contains acesulfame-potassium shall carry the following information:

(a)

a statement, on the principal display panel, to the effect that the food contains acesulfame-potassium or is sweetened with acesulfame-potassium, in letters of at least the same size and prominence as the characters used for showing the numerical quantity in the declaration of net quantity as required under section 14 of the Consumer Packaging and Labelling Regulations;

(b)

a statement, on any part of the label, setting out the sweetness per serving, expressed in terms of the amount of sugar required to produce an equivalent degree of sweetness; and

(c)

a statement setting out the acesulfame-potassium content expressed in milligrams per serving of stated size.

(2)

[Repealed, SOR/2007-176, s. 3] SOR/94-625, s. 3; SOR/2003-11, s. 12; SOR/2007-176, s. 3.

B.01.021. (1) The label of a food that contains erythritol shall carry a statement indicating the amount of erythritol expressed in grams per serving of stated size unless the label carries a nutrition facts table.

(2) The statement of the amount of erythritol shall be grouped together with the statement of the amount of any other sugar alcohols and the amount of polydextrose.

SOR/2004-261, s. 1.

B.01.022. The label of a food, other than a table-top sweetener, that contains neotame shall carry the following information:

(a)

subject to paragraph (b), a statement on the principal display panel to the effect that the food contains neotame or is sweetened with neotame, in letters of at least the same size and prominence as the letters used for showing the numerical quantity in the declaration of net quantity as required under section 14 of the Consumer Packaging and Labelling Regulations;

(b)

in the case where other sweeteners or sweetening agents are used in conjunction with neotame, a statement on the principal display panel, in letters of at least the same size and prominence as the letters used for showing the numerical quantity in the declaration of net quantity as required under section 14 of the Consumer Packaging and Labelling Regulations, to the effect that the food

(i)

contains neotame and (naming the other sweeteners and the sweetening agents), or

(ii)

is sweetened with neotame and (naming the other sweeteners and the sweetening agents);

(c)

if the label of the food carries a nutrition facts table, a statement setting out the neotame content expressed in milligrams per serving of stated size; and

(d)

if the label of the food does not carry a nutrition facts table, a statement setting out the following energy value and contents of the food, per serving of stated size, grouped together and given equal prominence on any part of the label:

(i)

the energy value, expressed in Calories (Calories or Cal) and kilojoules (kilojoules or kJ),

(ii)

the protein, fat and carbohydrate content, expressed in grams, and

(iii) the neotame content, expressed in milligrams. SOR/2007-176, s. 4.

B.01.023. The label of a food that is a table-top sweetener that contains neotame shall carry the following information:

(a)

a statement on the principal display panel to the effect that the food contains neotame or is sweetened with neotame, in letters of at least the same size and prominence as the letters used for showing the numerical quantity in the declaration of net quantity as required under section 14 of the Consumer Packaging and Labelling Regulations;

(b)

a statement on any part of the label of the sweetness per serving expressed in terms of the amount of sugar required to produce an equivalent degree of sweetness;

(c)

if the label of the food carries a nutrition facts table, a statement setting out the neotame content expressed in milligrams per serving of stated size; and

(d)

if the label of the food does not carry a nutrition facts table, a statement setting out the following energy value and contents of the food, per serving of stated size, grouped together and given equal prominence on any part of the label:

(i)

the energy value, expressed in Calories (Calories or Cal) and kilojoules (kilojoules or kJ),

(ii)

the protein, fat and carbohydrate content, expressed in grams, and

(iii) the neotame content, expressed in milligrams. SOR/2007-176, s. 4.

B.01.033. (1) Except in the case of infant formula or a formulated liquid diet, no person shall sell a food represented in any manner as containing hydrolyzed or partially hydrolyzed collagen, hydrolyzed or partially hydrolyzed gelatin or hydrolyzed or partially hydrolyzed casein unless the label carries the following statement on the principal display panel in the same size type used for the common name:

“CAUTION, DO NOT USE AS SOLE SOURCE OF NUTRITION”.

(2) In this section, “formulated liquid diet” means a food that meets the

requirements of sections B.24.101 to B.24.103. SOR/78-65, s. 1.

B.01.034. [Repealed, SOR/88-559, s. 7]

B.01.035. (1) Subject to subsection (8), where an irradiated food referred to in Column I of the table to Division 26 is offered for sale as a prepackaged product, the principal display panel of the label applied to the package shall carry the symbol described in subsection (5).

(2)

Where an irradiated food referred to in Column I of the table to Division 26 is not a prepackaged product and is offered for sale, a sign that carries the symbol described in subsection (5) shall be displayed immediately next to the food.

(3)

The symbol required pursuant to subsection (1) or (2) shall appear in close proximity on the principal display panel referred to in subsection (1) or on the sign referred to in subsection (2) to one of the following statements or a written statement that has the same meaning:

(a)

“treated with radiation”;

(b)

“treated by irradiation”; or

(c)

“irradiated”.

(4)

No person shall sell a food referred to in Column I of the table to Division 26 that has been irradiated in the manner set out in subsection B.26.003(2) unless the requirements of subsections (1) to (3) are met.

(5)

For the purposes of subsections (1) to (3), the symbol that indicates the irradiated food shall

(a)

have an outer diameter

(i)

in the case referred to in subsection (1), equal to or greater than the height of the numerical quantity prescribed by section 14 of the Consumer Packaging and Labelling Regulations for the declaration of net quantity of the package, and

(ii)

in the case referred to in subsection (2), not less than 5 cm; and

(b)

be in the following form: GRAPHIC IS NOT DISPLAYED, SEE SOR/89-172, S. 1

(6)

Notwithstanding subsection B.01.009(1), any food referred to in Column I of the table to Division 26 that is an ingredient or component of a prepackaged product and that has been irradiated shall, if the food constitutes 10 per cent or more of the prepackaged product, be included in the list of ingredients and preceded by the statement “irradiated”.

(7)

The label attached to a shipping container containing any food referred to in Column I of the table to Division 26 that has been subjected to the maximum permitted absorbed dose set out in Column IV of that table shall carry the statement required by subsection (3) and the statement “Do not irradiate again”.

(8)

Where a shipping container constitutes the package of the prepackaged product, the label attached to the shipping container shall carry the statement required by subsection (7) but need not carry the symbol required by subsection (5).

(9)

Any advertising of an irradiated food referred to in Column I of the table to Division 26 shall identify the food as having been irradiated.

(10)

The statements referred to in subsections (3) and (6) to (8) shall be in both

official languages in accordance with subsection B.01.012(2). SOR/89-172, s. 1.

B.01.037. [Repealed, SOR/88-559, s. 8]

B.01.040. [Repealed, SOR/88-559, s. 9]

B.01.042. Where a standard for a food is prescribed in this Part,

(a)

the food shall contain only the ingredients included in the standard for the food;

(b)

each ingredient shall be incorporated in the food in a quantity within any limits prescribed for that ingredient; and

(c)

if the standard includes an ingredient to be used as a food additive for a specified purpose, that ingredient shall be a food additive set out in one of the tables to section B.16.100 for use as an additive to that food for that purpose.

B.01.043. Subject to section B.25.062, where a standard for a food is not prescribed in this Part,

(a)

the food shall not contain any food additives except food additives set out in a table to section B.16.100 for use as additives to that food for the purpose set out in that table; and

(b)

each such food additive shall be incorporated in the food in a quantity within any

limits prescribed for that food and food additive in that table. SOR/87-640, s. 1.

B.01.044. Where the limit prescribed for a food additive in a table to section

B.16.100 is stated to be “Good Manufacturing Practice”, the amount of the food additive added to a food in manufacturing and processing shall not exceed the amount required to accomplish the purpose for which that additive is permitted to be added to that food.

B.01.045. A food additive shall,

(a)

where specifications are set out in this Part for that additive, meet those specifications;

(b)

where no specifications are set out in this Part for that additive but specifications are set out for it in the Food Chemicals Codex, Fourth Edition, 1996, published by the National Academy of Sciences, Washington, D.C., United States, as amended from time to time, meet those specifications;

(c)

in the case of lactitol and maltitol, meet the specifications established by the Joint FAO/WHO Expert Committee on Food Additives as set out in the Specifications for identity and purity of certain food additives — FAO Food and Nutrition Paper 38, published in 1988 by the Food and Agriculture Organization of the United Nations, Rome;

(d)

[Repealed, SOR/2010-142, s. 1]

(e)

[Repealed, SOR/97-512, s. 2]

(f)

in the case of isomalt, meet the specifications established by the Joint FAO/WHO Expert Committee on Food Additives as set out in the Compendium of food additive specifications, Addendum 4 — FAO Food and Nutrition Paper 52, published in 1996 by the Food and Agriculture Organization of the United Nations, Rome.

(g)

[Repealed, SOR/97-512, s. 2] SOR/82-383, s. 1; SOR/91-527, s. 3; SOR/92-93, s. 1; SOR/92-551, s. 1; SOR/93-276, s. 3; SOR/94625, s. 4; SOR/94-779, s. 2; SOR/95-172, s. 2; SOR/97-512, s. 2; SOR/2010-142, s. 1.

B.01.046. (1) A food is adulterated if any of the following substances or classes of substances are present therein or have been added thereto:

(a)

mineral oil, paraffin wax or petrolatum or any preparation thereof;

(b)

coumarin, an extract of tonka beans, the seed of Dipteryx odorata Willd. or Dipteryx oppositifolia Willd.;

(c)

non-nutritive sweetening agents;

(d)

cottonseed flour that contains more than 450 parts per million of free gossypol;

(e)

fatty acids and their salts containing chick-edema factor or other toxic factors;

(f)

dihydrosafrole;

(g)

isosafrole;

(h)

oil of American sassafras from Sassafras albidum (Nutt). Nees;

(i)

oil of Brazilian sassafras from Ocotea cymbarum H.B.K.;

(j)

oil of camphor sassafrassy from Cinnamomum camphorum Sieb.;

(k)

oil of micranthum from Cinnamomum micranthum Hayata;

(l)

safrole;

(m)

oil, extract or root of calamus from Acorus calamus L.;

(n)

nut and nut products that contain more than 15 parts per billion of aflatoxin;

(o)

ethylene thiourea;

(p)

chlorinated dibenzo-p-dioxins; or

(q)

cinnamyl anthranilate.

(2)

For the purpose of paragraph (1)(n), the aflatoxin content of a nut or nut product shall be calculated on the basis of the nut meat portion.

SOR/79-358, s. 1; SOR/80-501, s. 1; SOR/82-1071, s. 1; SOR/83-857, s. 1; SOR/84-300, s. 7; SOR/88534, s. 1.

B.01.047. Notwithstanding section B.01.046

(a)

a food, other than sausage casing, is not adulterated by reason only that it contains 0.3 per cent or less mineral oil, if good manufacturing practice requires the use of mineral oil;

(b)

chewing gum is not adulterated by reason only that it contains a paraffin wax base;

(c)

fresh fruits and vegetables, except turnips, are not adulterated by reason only that they are coated with not more than 0.3 per cent paraffin wax and petrolatum, if good manufacturing practices require the use of such coating;

(d)

turnips and cheese are not adulterated by reason only that they are coated with paraffin wax in accordance with good manufacturing practice;

(e)

sausage casing is not adulterated by reason only that it contains five per cent or less mineral oil by weight, if good manufacturing practice requires the use of mineral oil;

(f)

fish is not adulterated by reason only that it contains 20 parts per trillion or less of 2,3,7,8-tetrachlorodibenzoparadioxin;

(g)

bakery products and confectionery are not adulterated by reason only that they contain 0.15 per cent or less petrolatum, if good manufacturing practice requires the use of petrolatum;

(h)

a salt substitute is not adulterated by reason only that it contains 0.6 per cent or less mineral oil, if good manufacturing practice requires the use of mineral oil; and

(i)

fruits, vegetables and cereals are not adulterated by reason only that they contain

0.05 parts per million or less of ethylene thiourea. SOR/81-934, s. 1; SOR/82-122, s. 1; SOR/82-1071, s. 2; SOR/83-932, s. 1; SOR/84-17, s. 1; SOR/9276, s. 1.

B.01.047.1 (1) The following definitions apply in this section.

“BSE” means Bovine Spongiform Encephalopathy. (ESB)

“specified risk material” means

(a)

the skull, brain, trigeminal ganglia, eyes, tonsils, spinal cord and dorsal root ganglia of cattle aged 30 months or older; and

(b)

the distal ileum of cattle of all ages. (matériel à risque spécifié)

(2)

No person shall sell or import for sale food that contains specified risk material.

(3)

Subsection (2) does not apply in respect of food that originates from a country that is designated as being free from BSE in accordance with section 7 of the Health of Animals Regulations.

(4)

Subsection (2) does not apply in respect of food that is packaged for sale or

imported for sale before the day on which this subsection comes into force. SOR/2003-265, s. 1.

B.01.048. (1) No person shall sell

(a)

any animal intended for consumption as food if any product containing any drug listed in subsection (2) has been administered to the animal;

(b)

any meat, meat by-products, eggs or milk intended for consumption as food and derived from an animal if any product containing any drug listed in subsection (2) has been administered to that animal; or

(c)

any meat, meat by-products, eggs or milk that contains any residue of any drug listed in subsection (2).

(2)

The drugs referred to in subsection (1) are

(a)

chloramphenicol and its salts and derivatives;

(b)

a 5-nitrofuran compound;

(c)

clenbuterol and its salts and derivatives;

(d)

a 5-nitroimidazole compound; and

(e)

diethylstilbestrol and other stilbene compounds. SOR/85-685, s. 1; SOR/87-626, s. 1; SOR/94-568, s. 1; SOR/97-510, s. 1; SOR/2003-292, s. 1.

B.01.049. No person shall use, in labelling, packaging, advertising or selling a food that does not meet the requirements of the kashruth applicable to it, the word “kosher” or any letters of the Hebrew alphabet or any other word, expression, depiction, sign, symbol, mark, device or other representation that indicates or that is likely to create an impression that the food is kosher.

SOR/84-300, s. 8.

B.01.053. No person shall sell a product represented as a ready breakfast or instant breakfast or by any similar designation unless each serving of stated size of the product contains

(a)

not less than 4.0 mg. iron;

(b)

Vitamin A, thiamine, riboflavin, niacin or niacinamide and Vitamin C;

(c)

a good dietary source of protein; and

(d)

where consumed as directed, not less than 300 calories. SOR/2003-11, s. 13.

B.01.054. (1) In order to generate information in support of an amendment to the Regulations, the Director may issue to the manufacturer or distributor of a food, where the food or the packaging, labelling or advertising of the food does not comply with the requirements of these Regulations, a Temporary Marketing Authorization Letter that authorizes the sale of the food described therein or the packaging, labelling or advertising of the food described therein for a specified period of time, within a designated area and in a specified quantity, in the manner specified in the Letter if

(a)

the manufacturer or distributor of the food has supplied to the Director the following information:

(i)

the purpose for which the temporary marketing authorization of the food is required,

(ii)

a description of the food including a sample and proposed label,

(iii) a description of any proposed variation from the requirements of these Regulations,

(iv)

adequate data to show that the use of the food will not be detrimental to the health of the purchaser or user,

(v)

the proposed quantity of the food to be sold,

(vi)

the proposed period of time required for such sale,

(vii) the proposed area designated for such sale, and

(viii) such other data as the Director may require; and

(b)

the manufacturer or distributor of the food has agreed to

(i)

describe the food on a label or in an advertisement in a manner that is not false, misleading or deceptive,

(ii)

use such marks or statements on the label or in any advertisement as the Director may require,

(iii) on request, submit to the Director results of the temporary marketing, and

(iv)

on request, withdraw the product from sale where the Director is of the opinion that it is in the public interest to do so.

(2)

The Director shall, in any Temporary Marketing Authorization Letter issued pursuant to subsection (1), set out

(a)

the common name and description of the food to be sold;

(b)

the name and address of the manufacturer or distributor of the food;

(c)

the purpose for which the temporary marketing of the food is authorized;

(d)

the quantity of the food that is authorized for sale;

(d.1) the type of packaging, labelling or advertising authorized in respect of the food where the Letter is intended to authorize a variation from a requirement of any provision of the Regulations respecting packaging, labelling or advertising;

(e)

the period of time during which the food may be sold; and

(f)

the designated area within which the food may be sold. SOR/81-566, s. 1; SOR/85-275, s. 1.

B.01.055. (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.

B.01.056. (1) This section applies in respect of interim marketing authorizations that the Minister may issue under subsection 30.2(1) of the Act.

(2) In this section, “food for special dietary use” has the same meaning as in section

B.24.001.

(3)

The manufacturer of a food or of an agricultural chemical, veterinary drug, food additive, vitamin, mineral nutrient or amino acid present in or on a food may submit an application in writing to the Minister for the issuance of an interim marketing authorization in respect of the food that provides for any matter referred to in subsection 30.2(2) of the Act.

(4)

The application shall be accompanied by the following information:

(a)

the common name and description of the food;

(b)

the reasons for which the interim marketing authorization is requested;

(c)

a description of every exemption requested in respect of the food from the application, in whole or in part, of sections 5 to 6.1 of the Act and the applicable requirements of these Regulations;

(d)

adequate data, including results of tests and scientific analysis, that demonstrate that the food would not be harmful to the health of the purchaser or consumer;

(e)

if the application relates to the addition of vitamins, mineral nutrients or amino acids to the food, a statement, with supporting documentation, indicating that the proposed addition is for one or more of the following purposes:

(i)

to restore the levels of vitamins or mineral nutrients to the levels that were present in the food before processing or, in the case of amino acids, to provide protein of a nutritional quality that is equivalent to that which was present in the food before processing,

(ii)

to make the food that is intended to be sold as a substitute for another food nutritionally equivalent to the food that it is intended to replace in the diet in respect of

(A)

the levels of added vitamins or mineral nutrients, or

(B)

the quality of protein provided through the addition of amino acids,

(iii) to prevent or correct a deficiency of vitamins or mineral nutrients in the population or specific population groups, or

(iv)

to modify the levels of vitamins, mineral nutrients or amino acids in the food for special dietary use; and

(f)

if the application relates to the use of a food additive in or on the food, the information described in section B.16.002.

(5)

In addition to the matters that may be provided for in accordance with subsections 30.2(2) and (4) of the Act, an interim marketing authorization shall set out

(a)

the common name and description of the food;

(b)

the reasons for which the interim marketing authorization is issued; and

(c)

the provisions of the Act and of these Regulations in respect of which the food is exempted.

(6)

An interim marketing authorization may be cancelled by the Minister if the Minister determines, after reviewing any additional information that comes to his or her attention, that the food for which the authorization was issued is or may be harmful to the health of the purchaser or consumer.

SOR/97-313, s. 1; SOR/2008-181, s. 2.

B.01.060. to B.01.066. [Repealed, SOR/88-559, s. 10]

B.01.070. [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.

B.01.071. 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.

B.01.072. 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.

B.01.080. (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 legible and conspicuous 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).

SOR/88-336, s. 3.

B.01.090. (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.

B.01.091. 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(3) to (5).

SOR/94-262, s. 1; SOR/2003-11, s. 14.

B.01.092. 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.

B.01.100. (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.

B.01.101. (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 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] SOR/88-559, s. 12.

B.01.102. (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 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] SOR/84-300, s. 9; SOR/88-559, s. 13.

B.01.103. (1) The common name of a yolk-replaced egg shall be “yolk-replaced egg”.

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

B.01.300. [Repealed, SOR/2003-11, s. 15]

B.01.301. (1) No person shall, on the label of or in any advertisement for a food, other than in the nutrition facts table, if any, include a declaration of the food’s energy value or the amount of a nutrient 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 set out in column I of Table I to Division 1 of Part D or a mineral nutrient set out in column I of Table I to Division 2 of Part D, in the units specified in that column;

(c)

in the case of sodium, potassium or cholesterol, in milligrams;

(d)

in the case of the mineral ion content of prepackaged water or ice, in parts per million; and

(e)

in any other case, in grams.

(2)

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

(a)

the nutrient is listed in column 1 of the table to section B.01.401 or the table to section B.01.402;

(b)

the percentage of the daily value of the nutrient is required or permitted to be declared in the nutrition 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.

SOR/88-559, s. 15; SOR/2003-11, s. 16.

B.01.302. to B.01.304. [Repealed, SOR/2003-11, s. 17]

B.01.305. (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 following section

B.01.306. to B.01.310. [Repealed, SOR/2003-11, s. 19]

B.01.311. (1) Subject to subsections (2) and (3), no person shall, on the label of or in any advertisement for a food, make a representation, express or implied, concerning the action or effect of the food’s energy value or of a nutrient contained in the food.

(2)

The label of or advertisement for a food may carry a statement or claim set out in column 1 of the table following section B.01.603.

(3)

Subject to section B.01.312, the label of or advertisement for a food may carry a statement or claim to the effect that the food’s energy value or a nutrient contained in the food is generally recognized as an aid in maintaining the functions of the body necessary to the maintenance of good health and normal growth and development.

(4)

If a statement or claim described in subsection (3) concerns a nutrient not listed in column 1 of the tables to sections B.01.401 and B.01.402, the amount of the nutrient contained in the food must be expressed on any part of the label in grams per serving of stated size.

(5)

A statement or claim referred to in subsection (2) or (3) 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.

SOR/88-559, s. 15; SOR/2003-11, s. 20.

B.01.312. (1) If a statement or claim described in subsection B.01.311(3) is made on the label of or in an advertisement for a food that is not a prepackaged product or in an advertisement for a prepackaged product that is not made or placed by or on the direction of the manufacturer of the product, the label or advertisement shall include a declaration, per serving of stated size, of

(a)

the energy value, if the energy value is the subject of the statement or claim; or

(b)

the amount of the nutrient, if a nutrient is the subject of the statement or claim.

(2)

If the statement or claim is made in an advertisement other than a radio or television advertisement, the declaration referred to in subsection (1) shall be

(a)

adjacent to, without any intervening printed, written or graphic material, the statement or claim, if the statement or claim is made only once, or the most prominent statement or claim, if the statement or claim is made more than once; and

(b)

shown in letters of at least the same size and prominence as those of the statement or claim, if the statement or claim is made only once, or the most prominent statement or claim, if the statement or claim is made more than once.

(3)

If the statement or claim is made in a radio advertisement or in the audio portion of a television advertisement, the declaration referred to in subsection (1) shall immediately precede or follow the statement or claim.

(4)

If the statement or claim is made in a television advertisement, the declaration referred to in subsection (1) shall be communicated

(a)

in the audio mode, if the statement or claim is made only in the audio portion of the advertisement or in both the audio and visual portions; or

(b)

in the audio or visual mode, if the statement or claim is made only in the visual portion of the advertisement.

(5)

If the declaration referred to in subsection (1) is communicated in the visual mode of a television advertisement, it shall

(a)

appear concurrently with and for at least the same amount of time as the statement or claim;

(b)

be adjacent to, without any intervening printed, written or graphic material, the statement or claim, if the statement or claim is made only once, or the most prominent statement or claim, if the statement or claim is made more than once; and

(c)

be shown in letters of at least the same size and prominence as those of the statement or claim, if the statement or claim is made only once, or the most prominent statement or claim, if the statement or claim is made more than once.

SOR/2003-11, s. 20.

Interpretation

B.01.400. The following definitions apply in sections B.01.401 to B.01.603.

“fat” means all fatty acids expressed as triglycerides. (lipides)

“point” means a unit of measurement for type size that is known as an Anglo- American point and is equal to 0.3514598 mm. (point) SOR/2003-11, s. 20.

Nutrition Labelling

Core Information

B.01.401. (1) Except as otherwise provided in this section and sections B.01.402 to

B.01.406 and B.01.467, the label of a prepackaged product shall carry a nutrition facts table that contains only the information set out in column 1 of the table to this section expressed using a description set out in column 2, in the unit set out in column 3 and in the manner set out in column 4.

(2)

Subsection (1) does not apply to a prepackaged product if

(a)

all the information set out in column 1 of the table to this section, other than in respect of item 1 (“Serving of stated size”), may be expressed as “0” in the nutrition facts table in accordance with this section;

(b)

the product is

(i)

a beverage with an alcohol content of more than 0.5%,

(ii)

a fresh vegetable or fruit or any combination of fresh vegetables or fruits without any added ingredients, an orange with added food colour or a fresh vegetable or fruit coated with paraffin wax or petrolatum,

(iii) a raw single ingredient meat, meat by-product, poultry meat or poultry meat by-product,

(iv)

a raw single ingredient marine or fresh water animal product,

(v)

sold only in the retail establishment where the product is prepared and processed from its ingredients, including from a pre-mix if an ingredient other than water is added to the pre-mix during the preparation and processing of the product,

(vi)

sold only at a road-side stand, craft show, flea market, fair, farmers’ market or sugar bush by the individual who prepared and processed the product,

(vii) an individual serving that is sold for immediate consumption and that has not been subjected to a process to extend its durable life, including special packaging, or

(viii) sold only in the retail establishment where the product is packaged, if the product is labelled by means of a sticker and has an available display surface of less than 200 cm²; or

(c)

the product is

(i)

a prepackaged confection, commonly known as a one bite confection, that is sold individually,

(ii)

a prepackaged individual portion of food that is solely intended to be served by a restaurant or other commercial enterprise with meals or snacks, or

(iii) milk, partly skimmed milk, skim milk, goat’s milk, partly skimmed goat’s milk, skimmed goat’s milk, (naming the flavour) milk, (naming the flavour) partly skimmed milk, (naming the flavour) skim milk or cream sold in a refillable glass container.

(3)

Despite paragraphs (2)(a) and (b), subsection (1) applies to a prepackaged product if

(a)

the product contains an added vitamin or mineral nutrient;

(b)

a vitamin or mineral nutrient is declared as a component of one of the product’s ingredients other than flour;

(c)

the product contains added acesulfame-potassium, aspartame, neotame or sucralose;

(d)

the product is a meat, meat by-product, poultry meat or poultry meat by-product that is ground; or

(e)

the label of the product, or any advertisement for the product that is made or placed by or on the direction of the manufacturer of the product, contains

(i)

a reference to the energy value, a nutrient set out in column 1 of the table to this section or in column 1 of the table to section B.01.402 or a constituent of such a nutrient, other than information required by Division 12 or a reference to the common name of an ingredient in the list of ingredients for the product,

(ii)

a representation that expressly or implicitly indicates that the product has particular nutritional or health-related properties, including any statement or claim set out in column 4 of the table following section B.01.513 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,

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

(iv)

the phrase “nutrition facts”, “valeur nutritive” or “valeurs nutritives”.

(4)

Subsection (1) does not apply to a formulated liquid diet, a human milk substitute, a food represented as containing a human milk substitute, a meal replacement, a nutritional supplement or a food represented for use in a very low energy diet.

(5)

The label of or advertisement for a formulated liquid diet, a human milk substitute, a food represented as containing a human milk substitute, a meal replacement, a nutritional supplement or a food represented for use in a very low

energy diet shall not contain a nutrition facts table or the phrase “nutrition facts”, “valeur nutritive” or “valeurs nutritives”.

(6)

If, for a prepackaged product other than one intended solely for children under two years of age, the information in respect of seven or more of the energy value and nutrients referred to in column 1 of items 2 to 5 and 7 to 13 of the table to this section may be expressed as “0” in the nutrition facts table in accordance with this section, the nutrition facts table need only include the following information:

(a)

the serving of stated size;

(b)

the energy value;

(c)

the amount of fat;

(d)

the amount of carbohydrate;

(e)

the amount of protein;

(f)

the amount of any nutrient that is the subject of a representation referred to in subparagraph (3)(e)(ii);

(g)

the amount of any sugar alcohol, vitamin or mineral nutrient added to the prepackaged product, other than iodide added to salt for table or general household use or fluoride added to prepackaged water or ice;

(h)

the amount of any vitamin or mineral nutrient that is declared as a component of one of the prepackaged product’s ingredients other than flour;

(i)

the amount of any nutrient referred to in column 1 of item 4, 5, 7, 8, 10, 11 or 13 of the table to this section that may not be expressed as “0” in the nutrition facts table; and

(j)

the statement “Not a significant source of (naming each nutrient that is omitted from the nutrition facts table in accordance with this subsection)” or, if the prepackaged product meets the condition specified in subsection B.01.455(3), the statement “Not a significant source of other nutrients”.

(7)

Subsection (1) does not apply to a prepackaged product

(a)

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

(b)

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

TABLE CORE INFORMATION

Column 1 Column 2 Item Information Description

1. Serving of stated size “Serving Size (naming the serving size)”, “Serving (naming the serving size)” or “Per (naming the serving size)”

Column 3 Unit

(1)

The size is expressed in one of the following units:

(a)

in the case of a food that is usually divided into pieces before being consumed (such as cake, pie and pizza), a fraction of the entire food;

(b)

in the case of a food described in subsection B.01.002A(2), the entire container; and

(c)

in all other cases,

Column 4 Manner of expression

(1)

The size when expressed in metric units is rounded off

(a)

if it is less than 10 g or 10 mL, to the nearest multiple of 0.1 g or

0.1 mL; and

(b)

if it is 10 g or more or 10 mL or more, to the nearest multiple of 1 g or 1 mL.

(2)

The size when

Column 1 Column 2 Item Information Description Column 3 Column 4

Unit Manner of expression in a commonly used expressed as a fraction unit in respect of which is represented by a the quantity is visibly numerator and a measurable, such as denominator separated millilitres, cups, by a line. tablespoons or “(naming the unit of food)”.

(2) The size expressed (3) The size shall include in accordance with the word “assorted” if subitem (1) is followed the information in the by the size expressed nutrition facts table of a in grams or millilitres, prepackaged product as specified by that contains an paragraph assortment of foods is B.01.002A(1)(b). set out as a composite

value. The value is expressed The value is rounded off in Calories per serving (a) if it is less than of stated size.

5 Calories

(i)

if the product meets the conditions set out in column 2 of item 1 of the table following section B.01.513 for the subject” free of energy” set out in column 1, to “0” Calorie, and

(ii)

in all other cases, to the nearest multiple of 1 Calorie;

(b)

if it is 5 Calories or more but not more than 50 Calories, to the nearest multiple of 5 Calories; and

(c)

if it is more than 50 Calories, to the nearest multiple of 10 Calories.

The amount is (1) The amount is expressed rounded off

(a)

in grams per (a) if it is less than 0.5 g serving of stated size; and

(b)

as a percentage of (i) if the product meets the daily value per the conditions set out in serving of stated size. column 2 of item 11 of

the table following section B.01.513 for the subject “free of fat” set out in column 1 and the

Column 1 Column 2 Column 3 Item Information Description Unit Column 4

Manner of expression amounts of saturated fatty acids and trans fatty acids are declared as “0 g” in the nutrition facts table or are omitted from that table in accordance with subsection B.01.401(6) and no other fatty acids are declared in an amount greater than 0 g, to “0 g”, and

(ii) in all other cases, to the nearest multiple of

0.1 g;

(b)

if it is 0.5 g or more but not more than 5 g, to the nearest multiple of 0.5 g; and

(c)

if it is more than 5 g, to the nearest multiple of 1 g.

(2)

The percentage is rounded off

(a)

if the amount is declared as “0 g”, to “0%“; and

(b)

in all other cases, to the nearest multiple of 1%.

The amount is rounded off

(a)

if it is less than 0.5 g

(i)

if the product meets the conditions set out in column 2 of item 18 of the table following section B.01.513 for the subject “free of saturated fatty acids” set out in column 1, to “0 g”, and

(ii)

in all other cases, to the nearest multiple of

0.1 g;

(b)

if it is 0.5 g or more but not more than 5 g, to the nearest multiple of 0.5 g; and

(c)

if it is more than 5 g, to the nearest multiple of 1 g.

Column 1 Item Information

1. The sum of saturated fatty acids and trans fatty acids
2. Amount of cholesterol

Column 2 Description

“Saturated Fat + Trans Fat”, “Saturated Fatty Acids + Trans Fatty Acids”, “Saturated

+ Trans” or “Saturates + Trans”

“Cholesterol” Column 3 Unit

The sum is expressed as a percentage of the daily value per serving of stated size.

The amount is expressed in milligrams per serving of stated size and may also be expressed as a percentage of the daily value per serving of stated size.

Column 4 Manner of expression The amount is rounded off

(a)

if it is less than 0.5 g

(i)

if the product meets the conditions set out in column 2 of item 22 of the table following section B.01.513 for the subject “free of trans fatty acids” set out in column 1, to “0 g”, and

(ii)

in all other cases, to the nearest multiple of

0.1 g;

(b)

if it is 0.5 g or more but not more than 5 g, to the nearest multiple of 0.5 g; and

(c)

if it is more than 5 g, to the nearest multiple of 1 g.

The percentage is rounded off

(a)

if the amounts of saturated fatty acids and trans fatty acids are declared as “0 g”, to “0%”; and

(b)

in all other cases, to the nearest multiple of 1%.

(1)

The amount is rounded off

(a)

if the product meets the conditions set out in column 2 of item 27 of the table following section B.01.513 for the subject “free of cholesterol” set out in column 1, to “0 mg”; and

(b)

in all other cases, to the nearest multiple of 5 mg.

(2)

The percentage is rounded off

(a)

if the amount is declared as “0 mg” to “0%”; and

(b)

in all other cases, to the nearest multiple of

Column 1 Column 2 Column 3 Column 4 Item Information Description Unit Manner of expression

Column 1 Column 2 Column 3 Column 4

Item Information Description Unit Manner of expression “Dietary Fiber” (a) in grams per (a) if it is less than serving of stated size; 0.5 g, to “0 g”; and and

(b) as a percentage of (b) if it is 0.5 g or more, the daily value per to the nearest multiple serving of stated size. of 1 g.

(2)

The percentage is rounded off

(a)

if the amount is declared as “0 g”, to “0%”; and

(b)

in all other cases, to the nearest multiple of 1%.

11. Amount of “Sugars” The amount is The amount is rounded

sugars expressed in grams per off serving of stated size. (a) if it is less than

0.5 g, to “0 g”; and

(b) if it is 0.5 g or more, to the nearest multiple of 1 g.

12. Amount of “Protein” The amount is The amount is rounded

protein expressed in grams per off serving of stated size. (a) if it is less than

0.5 g, to the nearest multiple of 0.1 g; and

(b) if it is 0.5 g or more, to the nearest multiple of 1 g.

13. Amount of The amount is The percentage is expressed as a rounded off

(a)

vitamin A (a) “Vitamin A” or percentage of the daily (a) if it is less than 2%

“Vit A” value per serving of stated size.

(b)

vitamin C (b) “Vitamin C” or (i) if the product

“Vit C” contains less than 1% of the daily value per reference amount and per serving of stated size, to “0 %”, and

(c)

calcium (c) “Calcium” (ii) in all other cases, to “2%”;

(d)

iron (d) “Iron” (b) if it is 2% or more but not more than 10%, to the nearest multiple of 2%;

(c)

if it is more than 10% but not more than 50%, to the nearest multiple of 5%; and

(d)

if it is more than

SOR/2003-11, s. 20; SOR/2007-176, s. 5.

Additional Information

B.01.402. (1) The nutrition facts table may also contain information set out in column 1 of the table to this section.

(2)

If information set out in column 1 of the table to this section is included in the nutrition facts table, it shall be expressed using a description set out in column 2, in the unit set out in column 3 and in the manner set out in column 4.

(3)

The amount of omega-6 polyunsaturated fatty acids, omega-3 polyunsaturated fatty acids and monounsaturated fatty acids shall be in the nutrition facts table if

(a)

the amount of any of those groups of fatty acids or the amount of polyunsaturated fatty acids is in the nutrition facts table or is shown on the label of the prepackaged product or in any advertisement for the product that is made or placed by or on the direction of the manufacturer of the product; or

(b)

the amount of any specific fatty acid is shown on the label of the prepackaged product or in any advertisement for the product that is made or placed by or on the direction of the manufacturer of the product.

(4)

If the label of a prepackaged product, or any advertisement for the product that is made or placed by or on the direction of the manufacturer of the product, contains a representation, express or implied, that includes information that is set out in column 1 of the table to this section, that information shall also be in the nutrition facts table.

(5)

The amount of potassium shall be in the nutrition facts table if the prepackaged product contains added potassium salts and the label of the product or any advertisement for the product that is made or placed by or on the direction of the manufacturer of the product contains a statement or claim referred to in column 4 of any of items 31 to 36 of the table following section B.01.513 for the subject “free of sodium or salt”, “low in sodium or salt”, “reduced in sodium or salt”, “lower in sodium or salt”, “no added sodium or salt” or “lightly salted” set out in column 1.

(6)

The nutrition facts table shall show the amount of any sugar alcohol, vitamin or mineral nutrient added to the prepackaged product, except in the case of iodide added to salt for table or general household use or fluoride added to prepackaged water or ice.

(7)

The nutrition facts table shall show the amount of any vitamin or mineral nutrient that is declared as a component of one of the prepackaged product’s ingredients other than flour.

(8)

Despite subsection (1) and item 1 of the table to this section, the nutrition facts table shall not include information on servings per container if the serving of stated size is expressed in cups or tablespoons.

(9)

If information set out in column 1 of the table to this section is included in the nutrition facts table, it shall be shown

(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 product may be shown in that language only and is shown on the label in that language.

TABLE ADDITIONAL INFORMATION

Column 1 Column 2 Column 3 Column 4

Manner of Item Information Description Unit expression

1. Servings per “Servings Per Container” or The quantity container “(number of units) Per is expressed
2. Container” in number of servings.
1. Energy value “kilojoules” or “kJ” The value is expressed in kilojoules per serving of stated size.
1. Energy value from “Calories from Fat” or The value is
2. fat “Calories from Total Fat” expressed in Calories per serving of stated size.
2. Energy value from “Calories from Saturated + The value is

(1)

The quantity is rounded off

(a)

if it is less than 2, to the nearest multiple of 1;

(b)

if it is between 2 and 5, to the nearest multiple of 0.5; and

(c)

if it is more than 5, to the nearest multiple of 1.

(2)

If a quantity is rounded off, it shall be preceded by the word “about”.

(3)

If the product is of a random weight, the quantity may be declared as “varied”.

The value is rounded off to the nearest multiple of 10 kilojoules.

The value is rounded off

(a)

if it is less than 5 Calories

(i)

if the amount of fat is declared as “0 g” in the nutrition facts table, to “0” Calorie, and

(ii)

in all other cases, to the nearest multiple of 1 Calorie;

(b)

if it is 5 Calories or more but not more than 50 Calories, to the nearest multiple of 5 Calories; and

(c)

if it is more than 50 Calories, to the nearest multiple of 10 Calories.

The value is the sum of saturated and trans fatty acids

1. Amount of polyunsaturated fatty acids
2. Amount of omega6 polyunsaturated fatty acids

Trans Fat”, “Calories from Saturated + Trans Fatty Acids”, “Calories from Saturated + Trans” or “Calories from Saturates + Trans”

“Polyunsaturated Fat”, “Polyunsaturated Fatty Acids”, “Polyunsaturated” or “Polyunsaturates”

(1)

If the nutrition facts table includes the amount of polyunsaturated fatty acids: “Omega-6”, “Omega-6 Polyunsaturated Fat”, “Omega-6 Polyunsaturated Fatty Acids”, “Omega-6 Polyunsaturates” or “Omega-6 Polyunsaturated”

(2)

In all other cases:

expressed in Calories per serving of stated size.

The amount is expressed in grams per serving of stated size.

The amount is expressed in grams per serving of stated size.

rounded off

(a)

if it is less than 5 Calories

(i)

if the amounts of saturated fatty acids and trans fatty acids are declared as “0 g” in the nutrition facts table, to “0” Calorie, and

(ii)

in all other cases, to the nearest multiple of Calorie;

(b)

if it is 5 Calories or more but not more than 50 Calories, to the nearest multiple of 5 Calories; and

(c)

if it is more than 50 Calories, to the nearest multiple of 10 Calories.

The amount is rounded off

(a)

if it is less than 1 g, to the nearest multiple of 0.1 g;

(b)

if it is 1 g or more but not more than 5 g, to the nearest multiple of

0.5 g; and

(c)

if it is more than 5 g, to the nearest multiple of 1 g.

The amount is rounded off

(a)

if it is less than 1 g, to the nearest multiple of 0.1 g;

(b)

if it is 1 g or more but not more than 5 g, to the nearest multiple of

0.5 g; and

(c) if it is more than 5 g, to the nearest multiple of 1 g.

The amount is expressed in grams per serving of stated size.

The amount is expressed in grams per serving of stated size.

The amount is expressed

(a)

in milligrams per serving of stated size; and

(b)

as a percentage of the daily value per serving of stated size.

The amount is rounded off

(a)

if it is less than 1 g, to the nearest multiple of 0.1 g;

(b)

if it is 1 g or more but not more than 5 g, to the nearest multiple of

0.5 g; and

(c)

if it is more than 5 g, to the nearest multiple of 1 g.

The amount is rounded off

(a)

if it is less than 1 g, to the nearest multiple of 0.1 g;

(b)

if it is 1 g or more but not more than 5 g, to the nearest multiple of

0.5 g; and

(c)

if it is more than 5 g, to the nearest multiple of 1 g.

(1)

The amount is rounded off

(a)

if it is less than 5 mg

(i)

if the product contains less than 5 mg of potassium per reference amount and per serving of stated size, to “0 mg”, and

(ii)

in all other

1. Amount of soluble fibre
2. Amount of insoluble fibre
3. Amount of sugar alcohol
4. Amount of starch

“Insoluble Fibre” or The amount is

“Insoluble Fiber” expressed as grams per serving of stated size.

(1)

If the food contains only The amount is one type of sugar alcohol: expressed as “Sugar Alcohol”, “Polyol” or grams per “(naming the sugar serving of alcohol)” stated size.

(2)

In all other cases: “Sugar Alcohols” or “Polyols”

“Starch” The amount is expressed as grams per serving of stated size.

cases, to the nearest multiple of 1 mg;

(b)

if it is 5 mg or more but not more than 140 mg, to the nearest multiple of 5 mg; and

(c)

if it is more than 140 mg, to the nearest multiple of 10 mg.

(2)

The percentage is rounded off

(a)

if the amount is declared as “0 mg”, to “0%”; or

(b)

in all other cases, to the nearest multiple of 1%.

The amount is rounded off

(a)

if it is less than

0.5 g, to “0 g”; and

(b)

if it is 0.5 g or more, to the nearest multiple of 1 g.

The amount is rounded off

(a)

if it is less than

0.5 g, to “0 g”; and

(b)

if it is 0.5 g or more, to the nearest multiple of 1 g.

The amount is rounded off

(a)

if it is less than

0.5 g, to “0 g”; and

(b)

if it is 0.5 g or more, to the nearest multiple of 1 g.

The amount is rounded off

(a)

if it is less than

0.5 g, to “0 g”; and

(b) if it is 0.5 g or more, to the nearest multiple of 1 g.

14. Amount of

(a)

vitamin D

(b)

vitamin E

(c)

vitamin K

(d)

thiamine

(e)

riboflavin

(f)

niacin

(g)

vitamin B6

(h)

folate

(i)

vitamin B12

(j)

biotin

(k)

pantothenic acid

(l)

phosphorus

(m)

iodide

(n)

magnesium

(o)

zinc

(p)

selenium

(q)

copper

(r)

manganese

(s)

chromium

(t)

molybdenum

(u)

chloride

15. Basis of the percent daily values

(a)

“Vitamin D” or “Vit D”

(b)

“Vitamin E” or “Vit E”

(c)

“Vitamin K” or “Vit K”

(d)

“Thiamine”, “Thiamin”, “Thiamine (Vitamin B1)”, “Thiamine (Vit B1)”, “Thiamin (Vitamin B1)” or “Thiamin (Vit B1)”

(e)

“Riboflavin”, “Riboflavin (Vitamin B2)” or “Riboflavin (Vit B2)”

(f)

“Niacin”

(g)

“Vitamin B6” or “Vit B6“

(h)

“Folate”

(i)

“Vitamin B12“ or “Vit B12”

(j)

“Biotin”

(k)

“Pantothenic Acid” or “Pantothenate”

(l)

“Phosphorus”

(m)

“Iodide” or “Iodine”

(n)

“Magnesium”

(o)

“Zinc”

(p)

“Selenium”

(q)

“Copper”

(r)

“Manganese”

(s)

“Chromium”

(t)

“Molybdenum”

(u)

“Chloride” One of the four footnotes to the subheading “% Daily

Value” set out in Figures 18.1(E) and (F) of The amount is expressed as a percentage of the daily value per serving of stated size.

The percentage is rounded off

(a)

if it is less than 2%

(i)

if the product contains less than 1% of the daily value per reference amount and per serving of stated size, to “0%”, and

(ii)

in all other cases, to the nearest multiple of 2%;

(b)

if it is 2% or more but not more than 10%, to the nearest multiple of 2%;

(c)

if it is more than 10% but not more than 50%, to the nearest multiple of 5%; and

(d)

if it is more than 50%, to the nearest multiple of 10%.

In the version of the footnote that refers to nutrients,

(a) the daily value Schedule L

16. Energy conversion “Calories per gram:”, “Fat

factors 9”, “Carbohydrate 4” and “Protein 4”

for potassium is included only if the amount of potassium is declared in the nutrition facts table; and

(b) the daily value for cholesterol is included only if the amount of cholesterol is declared in the nutrition facts table as a percentage of the daily value per serving of stated size.

SOR/2003-11, s. 20; err., Vol. 137, No. 5; SOR/2005-98, s. 2(F).

Foods for Children under Two Years of Age

B.01.403. (1) This section applies in respect of a prepackaged product intended solely for children under two years of age.

(2)

The nutrition facts table of the product shall not contain

(a)

the percentage of the daily value of fat, cholesterol, sodium, potassium, carbohydrate or fibre or of the sum of saturated fatty acids and trans fatty acids;

(b)

the energy value from fat or from the sum of saturated fatty acids and trans fatty acids; or

(c)

any of the footnotes to the subheading “% Daily Value” set out in Figures 18.1(E) and (F) in Schedule L.

(3)

The nutrition facts table of the product may omit the amount of saturated fatty acids, trans fatty acids and cholesterol.

(4)

Despite subsection (3), if the amount of cholesterol is in the nutrition facts table, the amounts of saturated fatty acids and trans fatty acids shall also be in the nutrition facts table.

(5)

If the information in respect of six or more of the energy value and nutrients referred to in column 1 of items 2, 3 and 8 to 13 of the table to section B.01.401 may be expressed as “0” in the nutrition facts table of the product in accordance with that section, the nutrition facts table need only include the following information:

(a)

the serving of stated size;

(b)

the energy value;

(c)

the amount of fat;

(d)

the amount of carbohydrate;

(e)

the amount of protein;

(f)

the amount of any nutrient that is the subject of a representation referred to in subparagraph B.01.401(3)(e)(ii);

(g)

the amount of any sugar alcohol, vitamin or mineral nutrient added to the product, other than fluoride added to prepackaged water or ice;

(h)

the amount of any vitamin or mineral nutrient that is declared as a component of one of the product’s ingredients other than flour;

(i)

the amount of any nutrient referred to in column 1 of item 8, 10, 11 or 13 of the table to section B.01.401 that may not be expressed as “0” in the nutrition facts table;

(j)

except in the case described in paragraph (k), the statement “Not a significant source of (naming each nutrient that is omitted from the nutrition facts table in accordance with this subsection)”, but such a statement may be omitted in respect of saturated fatty acids, trans fatty acids and cholesterol; and

(k)

if the product meets the condition specified in subsection B.01.462(3), the statement “Not a significant source of other nutrients” or the statement referred to in paragraph (j).

SOR/2003-11, s. 20.

Food for Use in Manufacturing other Foods

B.01.404. (1) This section applies to a prepackaged product that is intended solely for use as an ingredient in the manufacture of other prepackaged products intended for sale to a consumer at the retail level or as an ingredient in the preparation of food by a commercial or industrial enterprise or institution.

(2)

No person shall sell the product unless written nutrition information concerning the product accompanies the product when it is delivered to the purchaser.

(3)

The nutrition information

(a)

shall include the information that would, but for subsection B.01.401(7), be required by sections B.01.401 and B.01.402 to be included in a nutrition facts table for the product;

(b)

may include other information that is permitted by section B.01.402 to be included in that nutrition facts table; and

(c)

shall be expressed in accordance with sections B.01.401 and B.01.402, subject to the following modifications, namely,

(i)

information for vitamins set out in column I of Table I to Division 1 of Part D and mineral nutrients set out in column I of Table I to Division 2 of that Part shall be expressed in the applicable units referred to in that column,

(A)

per gram or 100 grams of the food, if the net quantity of the food is declared on the label by weight or by count, or

(B)

per millilitre or 100 millilitres of the food, if the net quantity of the food is declared on the label by volume,

(ii)

information for other nutrients and the energy value set out in column 1 of the table to section B.01.401 or in column 1 of the table to section B.01.402 shall be expressed in the units referred to in column 3,

(A)

per gram or 100 grams of the food, if the net quantity of the food is declared on the label by weight or by count, or

(B)

per millilitre or 100 millilitres of the food, if the net quantity of the food is declared on the label by volume,

(iii) percentages of daily values and information on servings of stated size may be omitted, and

(iv) the nutrition information shall be stated with a degree of precision that corresponds to the accuracy of the analytical methodology used to produce the information.

SOR/2003-11, s. 20.

Foods for Enterprise or Institution

B.01.405. (1) This section applies to a prepackaged product that is a multiple-serving ready-to-serve prepackaged product intended solely to be served in a commercial or industrial enterprise or institution.

(2)

No person shall sell the product unless written nutrition information concerning the product accompanies the product when it is delivered to the purchaser.

(3)

The nutrition information

(a)

shall include the information that would, but for subsection B.01.401(7), be required by sections B.01.401 and B.01.402 to be included in a nutrition facts table for the product;

(b)

may include other information that is permitted by section B.01.402 to be included in that nutrition facts table; and

(c)

shall be expressed in accordance with sections B.01.401 and B.01.402. SOR/2003-11, s. 20.

Basis of Information

B.01.406. (1) Subject to subsections (2) to (8), the information in the nutrition facts table shall be set out only on the basis of the prepackaged product as offered for sale.

(2)

If a prepackaged product contains separately packaged ingredients or foods that are intended to be consumed together, the information in the nutrition facts table shall be set out for each ingredient or food or for the entire product.

(3)

If a prepackaged product contains an assortment of foods of the same type and the typical serving consists of only one of those foods, the information in the nutrition facts table shall be set out

(a)

on the basis of each of the foods contained in the product, if the nutrition information set out in column 1 of the table to section B.01.401 for each of those foods is different; or

(b)

on the basis of one of the foods contained in the product, if the nutrition information set out in column 1 of the table to section B.01.401 for each of those foods is the same.

(4)

If a prepackaged product contains an assortment of foods of the same type and the typical serving consists of more than one of those foods, the information in the nutrition facts table shall be set out for each of the foods contained in the product or as a composite value.

(5)

If a prepackaged product contains a food that is to be prepared in accordance with directions provided in or on the package or that is commonly combined with other ingredients or another food or cooked before being consumed, the nutrition facts table may also set out information for the food as prepared, in which case

(a)

the nutrition facts table shall set out the following information for the food as prepared, namely,

(i)

except in the case described in subparagraph (ii), the amount of the food expressed in a unit specified in column 3 of paragraph 1(1)(a) or (c) of the table to section B.01.401 as “about (naming the serving size)” or “about (naming the serving size) prepared” and, if applicable, in the manner specified in column 4 of subitems 1(1) and (2),

(ii)

if the food is commonly served combined with another food, the amount of the other food expressed in a unit specified in column 3 of paragraph 1(1)(c) of the table to section B.01.401 and, if applicable, in the manner specified in column 4 of subitem 1(1),

(iii) the energy value, expressed using a description set out in column 2 of item 2 of the table to section B.01.401, in the unit set out in column 3 and in the manner set out in column 4,

(iv)

if it is declared in the nutrition facts table for the food as sold, the energy value from fat, expressed using a description set out in column 2 of item 3 of the table to

section B.01.402, in the unit set out in column 3 and in the manner set out in column 4, and

(v)

the information set out in column 1 of items 3, 6 to 10 and 13 of the table to section B.01.401 and in column 1 of items 9 and 14 of the table to section B.01.402 that is declared as a percentage of the daily value in the nutrition facts table for the food as sold, expressed using a description set out in column 2, as a percentage of the daily value per serving of stated size and in the manner specified in column 4; and

(b)

the nutrition facts table may also set out the following information for the added ingredients or the other food, if it is declared in the nutrition facts table for the food as sold, namely,

(i)

the information set out in column 1 of items 3 to 5 and 7 to 12 of the table to section B.01.401, expressed using a description set out in column 2, in milligrams for the information set out in column 1 of items 7 and 8 and in grams for the information set out in column 1 of items 3 to 5 and 9 to 12 and in the manner specified in column 4, and

(ii)

the information set out in column 1 of items 5 to 13 of the table to section B.01.402, expressed using a description set out in column 2, in milligrams for the information set out in column 1 of item 9 and in grams for the information set out in column 1 of items 5 to 8 and 10 to 13 and in the manner specified in column 4.

(6)

Subsection (5) does not apply in respect of a prepackaged product that is intended solely for children under two years of age.

(7)

Subject to subsection (8), the information in the nutrition facts table may also be set out on the basis of other amounts of a food that reflect different uses or different units of measurement of a food, in which case

(a)

the nutrition facts table shall set out the following information for each of the other amounts of food, namely,

(i)

the amount of the food expressed in a unit specified in column 3 of subitem 1(1) of the table to section B.01.401 and, if applicable, in the manner specified in column 4 of subitems 1(1) and (2),

(ii)

the energy value, expressed using a description set out in column 2 of item 2 of the table to section B.01.401, in the unit set out in column 3 and in the manner set out in column 4,

(iii) if it is declared in the nutrition facts table for the first amount of food for which information is declared, the energy value from fat, expressed using a description set out in column 2 of item 3 of the table to section B.01.402, in the unit set out in column 3 and in the manner set out in column 4, and

(iv)

the information set out in column 1 of items 3, 6 to 10 and 13 of the table to section B.01.401 and in column 1 of items 9 and 14 of the table to section B.01.402 that is declared as a percentage of the daily value in the nutrition facts table for the first amount of food for which information is declared, expressed using a description set out in column 2, as a percentage of the daily value per serving of stated size and in the manner specified in column 4;

(b)

if the nutrition facts table is set out in a version of the dual format specified in section B.01.458, it may also set out the amount of each of the other amounts of food expressed in the unit specified in column 3 of subitem 1(2) of the table to section B.01.401 and in the manner specified in column 4 of subitem 1(1), if that information is declared in the nutrition facts table for the first amount of food for which information is declared; and

(c)

if the nutrition facts table is set out in a version of the aggregate format specified in section B.01.459 or B.01.464, it shall also set out the following information for each of the other amounts of food, if that information is declared in the nutrition facts table for the first amount of food for which information is declared, namely,

(i)

the amount of the food expressed in the unit specified in column 3 of subitem 1(2) of the table to section B.01.401 and in the manner specified in column 4 of subitem 1(1),

(ii)

the information set out in column 1 of items 3 to 5 and 7 to 12 of the table to section B.01.401, expressed using a description set out in column 2, in milligrams for the information set out in column 1 of items 7 and 8 and in grams for the information set out in column 1 of items 3 to 5 and 9 to 12 and in the manner specified in column 4, and

(iii) the information set out in column 1 of items 5 to 13 of the table to section B.01.402, expressed using a description set out in column 2, in milligrams for the information set out in column 1 of item 9 and in grams for the information set out in column 1 of items 5 to 8 and 10 to 13 and in the manner specified in column 4.

(8) If the nutrition facts table of a prepackaged product that is intended solely for children under two years of age sets out information in accordance with subsection (7), it shall set out the information referred to in paragraphs (7)(a) and (c).

SOR/2003-11, s. 20.

[B.01.407 to B.01.449 reserved]

Presentation of Nutrition Facts Table

B.01.450. (1) Subject to subsections (2) to (6), the nutrition facts table shall be presented in accordance with the format specified in the applicable figure in Schedule L, having regard to matters such as order of presentation, dimensions, spacing and the use of upper and lower case letters and bold type.

(2)

The characters and rules in the nutrition facts table shall be displayed in a single colour that is a visual equivalent of 100% solid black type on a white background or on a uniform neutral background with a maximum 5% tint of colour.

(3)

The characters in the nutrition facts table

(a)

shall be displayed in a single standard sans serif font that is not decorative and in such a manner that the characters never touch each other or the rules; and

(b)

may be displayed with larger dimensions than those specified in the applicable figure in Schedule L if all the characters in the table are enlarged in a uniform manner.

(4)

A rule that is specified in the applicable figure in Schedule L as being a 1 point rule or a 2 point rule may be displayed with larger dimensions in the nutrition facts table.

(5)

The information in the nutrition facts table shall be in accordance with sections