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

Regulations are current to 2022-05-02 and last amended on 2022-03-02. Previous Versions

PART BFoods (continued)

DIVISION 2Alcoholic Beverages

 The foods referred to in this Division are included in the term alcoholic beverage.

  • SOR/93-145, s. 3(F)

 In this Division,

absolute alcohol

absolute alcohol means alcohol of a strength of 100 per cent; (alcool absolu)

age

age means the period during which an alcoholic beverage is kept under such conditions of storage as may be necessary to develop its characteristic flavour and bouquet; (âge)

alcohol

alcohol means ethyl alcohol; (alcool)

flavouring

flavouring means, in respect of a spirit, any other spirit or wine, domestic or imported, added as a flavouring to that spirit as authorized under the Excise Act; (substance aromatique)

grain spirit

grain spirit means an alcoholic distillate, obtained from a mash of cereal grain or cereal grain products saccharified by the diastase of malt or by other enzymes and fermented by the action of yeast or a mixture of yeast and other micro-organisms, and from which all or nearly all of the naturally occurring substances other than alcohol and water have been removed; (esprit de grain)

malt spirit

malt spirit means an alcoholic distillate, obtained by pot-still distillation from a mash of cereal grain or cereal grain products saccharified by the diastase of malt and fermented by the action of yeast or a mixture of yeast and other micro-organisms; (esprit de malt)

molasses spirit

molasses spirit means an alcoholic distillate, obtained from sugar-cane or sugar-cane products fermented by the action of yeast or a mixture of yeast and other micro-organisms, from which all or nearly all of the naturally occurring substances other than alcohol and water have been removed; (esprit de mélasse)

small wood

small wood means wood casks or barrels of not greater than 700 L capacity; (petit fût)

sweetening agent

sweetening agent means glucose-fructose, fructose syrup or any food for which a standard is provided in Division 18, or any combination thereof. (agent édulcorant)

  • SOR/84-300, s. 10
  • SOR/93-145, s. 4

 If an alcoholic beverage contains 1.1% or more alcohol by volume, the percentage by volume of alcohol present in the alcoholic beverage shall be shown on the principal display panel

  • (a) followed by the words “alcohol by volume” or the abbreviation “alc./vol.” or “alc/vol”; or

  • (b) preceded by the abbreviation “alc.” or “alc” and followed by the abbreviation “vol.” or “vol”.

  • SOR/88-418, s. 1
  • SOR/93-145, s. 5(F)
  • SOR/2014-9, s. 1
  •  (1) No person shall sell flavoured purified alcohol in a container with a capacity of 1,000 mL or less unless it contains 25.6 mL or less of alcohol.

  • (2) Subsection (1) does not apply to flavoured purified alcohol that is sold in a glass container with a capacity of at least 750 mL.

  • (3) For the purposes of this section, flavoured purified alcohol means an alcoholic beverage

    • (a) that is obtained from an alcohol base that has been purified during the course of manufacture through a process other than distillation and from which most of the naturally occurring substances other than alcohol and water have been removed; and

    • (b) to which has been added during the course of manufacture any substance or mixture of substances that imparts flavour.

Whisky

 [S]. Whisky or Whiskey, other than Malt Whisky, Scotch Whisky, Irish Whisky, Canadian Whisky, Canadian Rye Whisky, Rye Whisky, Highland Whisky, Bourbon Whisky and Tennessee Whisky,

  • (a) shall be a potable alcoholic distillate, or a mixture of potable alcoholic distillates, obtained from a mash of cereal grain or cereal grain products saccharified by the diastase of malt or by other enzymes and fermented by the action of yeast or a mixture of yeast and other micro-organisms; and

  • (b) may contain caramel and flavouring.

  • SOR/93-145, s. 6
  • SOR/93-603, s. 2

 [Repealed, SOR/93-145, s. 7]

 [S]. Malt Whisky

  • (a) shall be a potable alcoholic distillate, or a mixture of potable alcoholic distillates, obtained by the distillation of a mash of malted grain fermented by the action of yeast or a mixture of yeast and other micro-organisms;

  • (b) shall possess the aroma, taste and character generally attributed to malt whisky; and

  • (c) may contain caramel and flavouring.

  • SOR/93-145, s. 8

 [Repealed, SOR/93-145, s. 9]

 [S]. Scotch Whisky shall be whisky distilled in Scotland as Scotch whisky for domestic consumption in accordance with the laws of the United Kingdom.

 No person shall blend or modify in any manner any Scotch whisky that is imported in bulk for the purpose of bottling and sale in Canada as Scotch whisky except by

  • (a) blending with other Scotch whisky,

  • (b) the addition of distilled or otherwise purified water to adjust to a required strength, or

  • (c) the addition of caramel.

 [S]. Irish Whisky shall be whisky distilled in Northern Ireland or in the Republic of Ireland as Irish whisky for domestic consumption in accordance with the laws of Northern Ireland or the Republic of Ireland.

 No person shall blend or modify in any manner any Irish whisky that is imported in bulk for the purpose of bottling and sale in Canada as Irish whisky except by

  • (a) blending with other Irish whisky,

  • (b) the addition of distilled or otherwise purified water to adjust to a required strength, or

  • (c) the addition of caramel.

  •  [S]. (1) Canadian Whisky, Canadian Rye Whisky or Rye Whisky

    • (a) shall

      • (i) be a potable alcoholic distillate, or a mixture of potable alcoholic distillates, obtained from a mash of cereal grain or cereal grain products saccharified by the diastase of malt or by other enzymes and fermented by the action of yeast or a mixture of yeast and other micro-organisms,

      • (ii) be aged in small wood for not less than three years,

      • (iii) possess the aroma, taste and character generally attributed to Canadian whisky,

      • (iv) be manufactured in accordance with the requirements of the Excise Act and the regulations made thereunder,

      • (v) be mashed, distilled and aged in Canada, and

      • (vi) contain not less than 40 per cent alcohol by volume; and

    • (b) may contain caramel and flavouring.

  • (2) Subject to subsection (3), no person shall make any claim with respect to the age of Canadian whisky, other than for the period during which the whisky has been held in small wood.

  • (3) Where Canadian whisky has been aged in small wood for a period of at least three years, any period not exceeding six months during which that whisky was held in other containers may be claimed as age.

  • SOR/93-145, s. 10
  • SOR/2000-51, s. 1

 [S]. Highland Whisky

  • (a) shall be a potable alcoholic beverage blended in Canada from

    • (i) not less than 25 per cent malt whisky calculated on an absolute alcohol basis, distilled in Canada or Scotland, and

    • (ii) whisky; and

  • (b) may, if it contains 51 per cent or more malt whisky distilled in Scotland, be labelled or advertised as containing malt whisky distilled in Scotland.

  • SOR/93-145, s. 10
  •  (1) Subject to subsection (2), no person shall label, package, sell or advertise any food as Bourbon Whisky, or in such a manner that it is likely to be mistaken for Bourbon whisky unless it is whisky manufactured in the United States as Bourbon whisky in accordance with the laws of the United States applicable in respect of Bourbon whisky for consumption in the United States.

  • (2) A person may modify Bourbon whisky that is imported for the purpose of bottling and sale in Canada as Bourbon whisky by the addition of distilled or otherwise purified water to adjust the Bourbon whisky to a required strength.

  • SOR/89-59, s. 2
  • SOR/93-145, s. 11(F)
  •  (1) Subject to subsection (2), no person shall label, package, sell or advertise any food as Tennessee Whisky, or in such a manner that it is likely to be mistaken for Tennessee whisky unless it is a straight Bourbon whisky produced in the State of Tennessee and manufactured in the United States as Tennessee whisky in accordance with the laws of the United States applicable in respect of Tennessee whisky for consumption in the United States.

  • (2) A person may modify Tennessee whisky that is imported for the purpose of bottling and sale in Canada as Tennessee whisky by the addition of distilled or otherwise purified water to adjust the Tennessee whisky to a required strength.

  • SOR/93-603, s. 3
  •  (1) Subject to sections B.02.022 and B.02.022.1, no person shall sell for consumption in Canada any whisky that has not been aged for a period of at least three years in small wood.

  • (2) Nothing in subsection (1) applies in respect of flavouring contained in whisky, but no person shall sell for consumption in Canada whisky containing any flavouring, other than wine, that has not been aged for a period of at least two years in small wood.

  • SOR/93-145, s. 12
  • SOR/93-603, s. 4

Rum

 [S]. Rum

  • (a) shall be a potable alcoholic distillate, or a mixture of potable alcoholic distillates, obtained from sugar-cane or sugar-cane products fermented by the action of yeast or a mixture of yeast and other micro-organisms;

  • (b) may contain

    • (i) caramel,

    • (ii) fruit and other botanical substances, and

    • (iii) flavouring and flavouring preparations; and

  • (c) if it is imported in bulk for the purpose of bottling and sale in Canada as imported rum, may only be

    • (i) modified by adding distilled or otherwise purified water to adjust the rum to the strength stated on the label applied to the container,

    • (ii) modified by adding caramel, or

    • (iii) blended with other imported rum or, in the case of rum sold as Caribbean rum, with other rum.

  • SOR/93-145, s. 13
  • SOR/2012-292, s. 1
  •  (1) No person shall sell for consumption in Canada any rum that has not been aged for a period of at least one year in small wood.

  • (2) Nothing in subsection (1) applies in respect of flavouring contained in rum, but no person shall sell for consumption in Canada rum containing any flavouring, other than wine, that has not been aged for a period of at least one year in small wood.

  • SOR/84-657, s. 1
  • SOR/93-145, s. 13

 [Repealed, SOR/93-145, s. 14]

 [Repealed, SOR/2012-292, s. 2]

 [Repealed, SOR/2012-292, s. 2]

Gin

 [S]. Hollands, Hollands Gin, Geneva, Geneva Gin, Genever, Genever Gin or Dutch-type Gin

  • (a) shall be a potable alcoholic beverage obtained

    • (i) by the redistillation of malt spirit with or over juniper berries, or by a mixture of the products of more than one such redistillation,

    • (ii) by the redistillation of a combination of malt spirit and not more than four times its volume on an absolute alcohol basis of grain spirit with or over juniper berries, or by a mixture of the products of more than one such redistillation, or

    • (iii) by the blending of malt spirit, redistilled with or over juniper berries, with not more than four times its volume on an absolute alcohol basis of grain spirit or molasses spirit, or by a mixture of the products of more than one such blending;

  • (b) may contain

    • (i) other aromatic botanical substances, added during the redistillation process, and

    • (ii) caramel;

  • (c) shall not contain more than two per cent sweetening agent;

  • (d) may be labelled or advertised as being distilled, where subparagraph (a)(i) or (ii) is complied with; and

  • (e) shall be described on the principal display panel of its label and in any advertisements as blended gin, where subparagraph (a)(iii) is complied with.

  • SOR/93-145, s. 15

 [S]. Gin, other than Hollands, Hollands Gin, Geneva, Geneva Gin, Genever, Genever Gin or Dutch-type Gin,

  • (a) shall be a potable alcoholic beverage obtained

    • (i) by the redistillation of alcohol from food sources with or over juniper berries, or by a mixture of the products of more than one such redistillation, or

    • (ii) by the blending of alcohol from food sources, redistilled with or over juniper berries, with alcohol from food sources or by a mixture of the products of more than one such blending;

  • (b) may contain

    • (i) other aromatic botanical substances, added during the redistillation process,

    • (ii) a sweetening agent, and

    • (iii) a flavouring preparation for the purpose of maintaining a uniform flavour profile; and

  • (c) may be labelled or advertised as Dry Gin or London Dry Gin if sweetening agents have not been added.

  • SOR/93-145, s. 15
 
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