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Food and Drug Regulations

Version of section B.01.054 from 2006-03-22 to 2018-04-03:

  •  (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
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