Fresh Fruit and Vegetable Regulations (C.R.C., c. 285)

Regulations are current to 2019-06-20 and last amended on 2019-01-14. Previous Versions

PART IIPackaging and Labelling (continued)

Labelling (continued)

  • SOR/92-618, s. 8

 No label of produce graded pursuant to these Regulations or imported into Canada shall be marked with any word or words declaring or implying that the produce packed therein is superior in quality to the grade marked thereon.

  • SOR/88-428, s. 26(F)

PART IIIImport and Interprovincial Trade

  • SOR/94-510, s. 12
  • SOR/98-155, s. 1

Interprovincial Trade

  •  (1) Subject to subsection (2) and section 29, no person shall market in interprovincial trade any produce for which a grade has been established unless the produce

    • (a) is packaged and labelled in accordance with Part II; and

    • (b) meets the applicable standards prescribed by subsection 3(1).

  • (2) Subsection (1) does not apply in respect of blueberries, except those grown in the Province of Nova Scotia, New Brunswick or Prince Edward Island.

  • SOR/81-186, s. 4(F)
  • SOR/86-456, s. 1
  • SOR/86-864, s. 26(E)
  • SOR/88-369, s. 8
  • SOR/88-428, ss. 8, 26
  • SOR/90-447, s. 2
  • SOR/92-618, s. 10
  • SOR/94-510, s. 12

 [Repealed, SOR/94-510, s. 12]

  •  (1) Subject to subsections (2) and (3), no person shall market in interprovincial trade the following kinds of produce:

    • (a) apples grown in and shipped from the Province of Nova Scotia, New Brunswick, Quebec, Ontario or British Columbia;

    • (b) potatoes grown in and shipped from the Province of Nova Scotia, New Brunswick, Prince Edward Island, Quebec or Ontario; and

    • (c) blueberries grown in and shipped from the Province of Nova Scotia, New Brunswick or Prince Edward Island and packed in containers having a capacity of six litres or less.

    • (d) and (e) [Repealed, SOR/95-225, s. 1]

  • (2) A person may market in interprovincial trade produce referred to in subsection (1) where the produce is accompanied by one of the following documents, namely,

    • (a) an inspection certificate issued by an inspector, dated not more than three days, including Saturdays and holidays, prior to the date of shipment, certifying that the produce meets the requirements of these Regulations;

    • (b) where an inspection certificate cannot be issued at the time of the inspection, a document issued by an inspector, dated not more than three days, including Saturdays and holidays, prior to the date of shipment and signed by the inspector, certifying that the produce was inspected and that it meets the requirements of these Regulations; or

    • (c) a release permit issued by an inspector, in a form established by the Agency, where an inspection cannot be performed within the time referred to in paragraph 40(1)(a) or (b).

  • (3) Subsection (1) does not apply in respect of produce that is prepared in an establishment that is registered, maintained and operated in accordance with Part X.

  • SOR/79-144, s. 2
  • SOR/80-204, s. 3
  • SOR/86-864, s. 6
  • SOR/87-694, s. 3
  • SOR/88-384, s. 1
  • SOR/88-428, s. 26
  • SOR/90-447, s. 2
  • SOR/94-510, s. 13
  • SOR/95-225, s. 1
  • SOR/96-361, s. 1
  • SOR/97-292, s. 4
  • SOR/2003-6, s. 8

 [Repealed, SOR/90-447, s. 2]

 [Repealed, SOR/92-618, s. 12]

 [Repealed, SOR/98-155, s. 2]

 [Repealed, SOR/95-225, s. 3]

Import Trade

  •  (1) Subject to subsections (2) to (4) and section 35, no person shall market any produce in import trade unless

    • (a) the produce

      • (i) is packaged and labelled in accordance with Part II, and

      • (ii) meets the applicable standards prescribed by subsection 3(1);

    • (b) in the case of apples, onions and potatoes, the apples, onions and potatoes are inspected by an inspector

      • (i) at the Canadian port of entry if that port is an inspection point, or

      • (ii) at any other inspection point as authorized by an inspector; and

    • (c) in the case of apples, onions and potatoes, an inspector certifies that the apples, onions and potatoes meet the requirements of these Regulations.

  • (2) Apples marketed in import trade shall meet the requirements of one of the following grades:

    • (a) in the case of apples that are marketed in import trade from the United States or shipped to Canada from another country through the United States, other than a lot that is bonded, Canada Extra Fancy or Canada Fancy; and

    • (b) in the case of apples that are marketed in import trade from places other than the United States, Canada Extra Fancy, Canada Fancy or Canada Commercial.

  • (3) Potatoes marketed in import trade shall meet the requirements of Canada No. 1 grade.

  • (3.1) Potatoes that are artificially coloured shall not be imported.

  • (4) Subsection (1) does not apply in respect of rhubarb.

  • SOR/79-144, s. 3
  • SOR/80-204, s. 4
  • SOR/87-694, s. 4
  • SOR/88-428, s. 26
  • SOR/90-447, s. 2
  • SOR/94-510, s. 14
  • SOR/94-718, s. 6
  • SOR/95-225, s. 4
  •  (1) Subject to subsection (4), every lot of apples, onions or potatoes imported from the United States or shipped to Canada from another country through the United States, except a lot that is bonded, shall be accompanied by the following documents certifying that the apples, onions or potatoes meet the requirements of these Regulations:

    • (a) a serially-numbered Federal-State Inspection Certificate issued by the United States Department of Agriculture; or

    • (b) evidence of inspection in the form of a telex, facsimile or electronic mail message from a United States Federal-State Inspection supervisor.

  • (2) Subject to subsection (5), every lot of apples imported from New Zealand shall be accompanied by the following documents certifying that the apples meet the standards of Canada Extra Fancy grade, Canada Fancy grade or Canada Commercial grade and the requirements of these Regulations:

    • (a) a serially-numbered inspection certificate issued by the New Zealand Ministry of Agriculture and Fisheries; or

    • (b) evidence of inspection in the form of a telex, facsimile or electronic mail message issued by the New Zealand Ministry of Agriculture and Fisheries.

  • (3) The certification referred to in subsections (1) and (2) shall be made by endorsing the certificate or the evidence of inspection with the words “Meets Canadian Import Requirements” or “Satisfait aux exigences d’importation du Canada”.

  • (4) Where a lot of apples, onions or potatoes referred to in subsection (1) is not accompanied at a Canadian port of entry by a Federal-State Inspection Certificate or evidence of inspection referred to in that subsection, an inspector shall inspect the lot of apples, onions or potatoes

    • (a) at the Canadian port of entry, if that port is an inspection point; or

    • (b) at any other inspection point, if authorized by an inspector.

  • (5) Where a lot of apples referred to in subsection (2) is not accompanied at a Canadian port of entry by an inspection certificate or evidence of inspection referred to in that subsection, an inspector shall inspect the lot of apples

    • (a) at the Canadian port of entry, if that port is an inspection point; or

    • (b) at any other inspection point, if authorized by an inspector.

  • (6) An inspection referred to in subsection (4) or (5) shall be made

    • (a) on the basis that the apples, onions or potatoes meet the applicable standards of one of the grades referred to in section 34; and

    • (b) in accordance with the applicable general tolerances set out in Schedule I, where the apples, onions or potatoes are inspected at the time of shipping or at the time of repackaging.

  • (7) [Repealed, SOR/94-510, s. 15]

  • SOR/79-144, s. 4
  • SOR/87-694, s. 5
  • SOR/90-447, s. 2
  • SOR/92-618, s. 14
  • SOR/94-510, s. 15
  • SOR/95-225, s. 5
  • SOR/95-475, s. 2(F)
  • SOR/96-361, s. 3
 
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