Safe Food for Canadians Regulations (SOR/2018-108)

PART 1Interpretation

Marginal note:Definitions

1 The following definitions apply in these Regulations.

Act

Act means the Safe Food for Canadians Act. (Loi)

carcass

carcass means the body of a dead animal. (carcasse)

catch-weight food

catch-weight food means a food that because of its nature cannot normally be portioned to a predetermined fixed quantity and is, as a result, usually sold in containers of varying quantities. (aliment à poids variable)

close proximity

close proximity, in respect of an item of information that is shown on a label, means immediately adjacent to the item of information and without any intervening printed, written or graphic material. (à proximité)

commercially sterile

commercially sterile has the same meaning as in section B.27.001 of the Food and Drug Regulations. (stérilité commerciale)

common name

common name, in respect of a food, means

• (a) the name of the food that is printed in boldface type, but not in italics, in the Standards of Identity Document;

• (b) the name of the food that is printed in boldface type, but not in italics, in a provision of the Food and Drug Regulations; or

• (c) in any other case, the name by which the food is generally known or a name that is not generic and that describes the food. (nom usuel)

Compendium

Compendium means the document entitled Canadian Grade Compendium, prepared by the Agency and published on its website, as amended from time to time. (Recueil)

consumer prepackaged

consumer prepackaged, in respect of a food, means packaged in a container in the manner in which the food is ordinarily sold to or used or purchased by an individual — or in which the food may reasonably be expected to be obtained by an individual — without being repackaged, to be used for non-commercial purposes. (de consommation préemballé)

container

container means an outer receptacle or covering that is used or to be used in connection with a food. It includes a wrapper and a confining band but does not include a conveyance or any container that is an integral part of a conveyance. (contenant)

contaminated

contaminated, in respect of a food, means that the food contains any micro-organism, chemical substance, extraneous material or other substance or thing that may render the food injurious to human health or unsuitable for human consumption, including those that are not permitted under the Food and Drugs Act or those that do not comply with any limits or levels provided under that Act. (contaminé)

dairy product

dairy product means milk or a food that is derived from milk, alone or combined with another food, and that contains no oil and no fat other than that of milk. (produit laitier)

Descriptive Words, Expressions and Identification Names Document

Descriptive Words, Expressions and Identification Names Document means the document entitled Descriptive Words, Expressions and Identification Names for Specific Foods, prepared by the Agency and published on its website, as amended from time to time. (document sur les mentions descriptives et noms d’identification)

dress

dress means to dress a carcass in accordance with section 145. (habiller)

drug

drug has the same meaning as in section 2 of the Food and Drugs Act. (drogue)

egg

egg means an egg of a domestic chicken of the species Gallus domesticus or, in respect of a processed egg product, means that egg or an egg of a domestic turkey of the species Meleagris gallopavo. It does not include a balut. (œuf)

egg carton

egg carton means a package that is capable of being closed and of containing not more than 30 eggs in separate compartments. (boîte à oeufs)

eviscerate

eviscerate means

• (a) in respect of the carcass of a bird, other than an ostrich, rhea or emu, to remove the respiratory, digestive, reproductive and urinary systems, with or without the kidneys, and the other thoracic and abdominal organs; and

• (b) in respect of any other carcass, to remove the respiratory, digestive, reproductive and urinary systems, except the kidneys, and the other thoracic and abdominal organs. (éviscérer)

fish

fish includes shellfish, crustaceans and other marine animals, and any of their parts, products and by-products. (poisson)

food

food has the same meaning as in section 2 of the Food and Drugs Act. (aliment)

food additive

food additive has the same meaning as in subsection B.01.001(1) of the Food and Drug Regulations. (additif alimentaire)

food animal

food animal means a bird or mammal, other than a marine mammal, from which an edible meat product may be derived. (animal pour alimentation humaine)

foreign state

foreign state includes a WTO Member as defined in subsection 2(1) of the World Trade Organization Agreement Implementation Act. (État étranger)

game animal

game animal means a wild ruminant, pig or bird — including a ruminant, pig or bird that lives in an enclosed territory under conditions of freedom similar to those of wild animals — that is a food animal and that is hunted for commercial use under an authorization issued by a competent authority. (gibier)

hermetically sealed package

hermetically sealed package means a package that, due to its design, is secure against the entry of micro-organisms, including spores. (emballage hermétiquement scellé)

licence

licence means a licence that is issued under paragraph 20(1)(a) or (b) of the Act. (licence)

livestock carcass

livestock carcass means a beef carcass, bison carcass, ovine carcass or veal carcass. (carcasse de bétail)

maple product

maple product means a food that is obtained exclusively by the concentration of sap from trees of the genus Acer or the concentration of maple syrup. (produit de l’érable)

meat product

meat product means the carcass of a food animal, the blood of a food animal or a product or by-product of its carcass or any food that contains the blood of a food animal or a product or by-product of its carcass. It does not include

• (a) gelatin, bone meal, collagen casing, hydrolyzed animal protein, monoglycerides, diglycerides or fatty acids; or

• (b) any food that contains a meat product in an insignificant quantity, having regard to the nature of the food and of the meat product. (produit de viande)

organic product

organic product means a food commodity that has been certified as organic under subsection 345(1) or certified as organic by an entity accredited by a foreign state that is referred to in subparagraph 357(1)(a)(ii). (produit biologique)

ornamental container

ornamental container means a container that, except on the bottom, does not bear any advertising material, other than a trademark or common name, and that, because of any design appearing on its surface or because of its shape or texture, is sold both as a decorative item and as the container of a food. (contenant décoratif)

poultry carcass

poultry carcass means the carcass of a turkey, duck, goose, guinea fowl or bird of the species Gallus domesticus. (carcasse de volaille)

prepackaged

prepackaged, in respect of a food, means packaged in a container in the manner in which the food is ordinarily sold to or used or purchased by a person, and includes consumer prepackaged. (préemballé)

President

President means the President of the Agency. (président)

principal display panel

principal display panel means

• (a) in the case of a consumer prepackaged food whose container is mounted on a display card, the part of the label that is applied to one or both of the following:

  • (i) all or part of the principal display surface, or

  • (ii) all or part of the surface of the display card that is displayed or visible under customary conditions of sale or use;

• (b) in the case of a consumer prepackaged food whose container is an ornamental container, the part of the label that is applied

  • (i) to all or part of the bottom of the container,

  • (ii) to all or part of the principal display surface, or

  • (iii) to all or part of a tag that is attached to the container;

• (c) in the case of a consumer prepackaged food whose container is not described in paragraph (a) or (b), the part of the label that is applied to all or part of the principal display surface;

• (d) in the case of a prepackaged food other than a consumer prepackaged food, the part of the label

  • (i) that is applied or attached to all or part of the surface of the container that is displayed or visible under customary conditions of sale or use, or

  • (ii) if the container does not have a surface described in subparagraph (i), that is applied to any part of the container except any part that is the bottom of the container; or

• (e) in the case of a food that is not a prepackaged food, the part of the label that is applied or attached to all or part of the surface of the food that is displayed or visible under customary conditions of sale or use. (espace principal)

principal display surface

principal display surface, in respect of the container of a consumer prepackaged food, means

• (a) if the container has a surface that is displayed or visible under customary conditions of sale or use, the total area of that surface, excluding any surface that is the top of the container;

• (b) if the container has a lid that is the part of the container that is displayed or visible under customary conditions of sale or use, the total area of the top surface of the lid;

• (c) if the container does not have a particular surface that is displayed or visible under customary conditions of sale or use, 40% of the total surface area of the container, excluding any surface area that is its top and bottom, if it is possible for that 40% to be displayed or visible under customary conditions of sale or use;

• (d) if the container is a bag with surfaces of equal dimensions, the total area of one of the surfaces;

• (e) if the container is a bag with surfaces of different dimensions, the total area of one of the largest surfaces;

• (f) despite paragraphs (a) to (e), if the container does not have a surface that is displayed or visible under customary conditions of sale or use to which a label can be applied, the total area of one side of a tag that is attached to the container;

• (g) despite paragraphs (a) to (e), if the container contains wine that is exposed for sale, any part of the surface of the container, excluding its top and bottom, that can be seen without having to turn the container; and

• (h) if the container is a wrapper or confining band that is so narrow in relation to the size of the food that it cannot reasonably be considered to have any surface that is displayed or visible under customary conditions of sale or use, the total area of one side of a tag that is attached to the container. (principale surface exposée)

processed egg product

processed egg product means a food for which a standard is set out in Volume 2 of the Standards of Identity Document. (produit d’oeufs transformés)

processed fruit or vegetable product

processed fruit or vegetable product means a fruit or vegetable that is in a hermetically sealed package and is commercially sterile or that has been cooked, frozen, concentrated, pickled or otherwise prepared to assure its preservation and

• (a) for which a standard is set out in Volume 4 of the Standards of Identity Document;

• (b) for which a grade is set out in Volume 3 of the Compendium; or

• (c) that is identified as a processed fruit or vegetable product in the Standard Container Sizes Document. (produit de fruits ou de légumes transformés)

ready-to-eat

ready-to-eat, in respect of an edible meat product, means that it has been subjected to a treatment or process that is sufficient to inactivate vegetative pathogenic micro-organisms or their toxins and control spores of food-borne pathogenic bacteria so that the meat product does not require further preparing before consumption except washing or thawing or exposing it to sufficient heat to warm it without cooking it. (prêt à manger)

refrigerated

refrigerated, in respect of a food, means that it is kept at a temperature of 4°C or less, without being frozen. (réfrigéré)

sanitary condition

sanitary condition means a condition that does not present a risk of contamination of a food. (conditions hygiéniques)

shellfish

shellfish means a bivalve mollusc of the class Bivalvia or a carnivorous marine mollusc of the class Gastropoda, or any product that is derived from one of those molluscs. (mollusque)

Standard Container Sizes Document

Standard Container Sizes Document means the document entitled Standard Container Sizes, prepared by the Agency and published on its website, as amended from time to time. (document sur les tailles de contenants normalisées)

Standards of Identity Document

Standards of Identity Document means the document entitled Canadian Standards of Identity, prepared by the Agency and published on its website, as amended from time to time. (Document sur les normes d’identité)

tray

tray, in respect of eggs, means a package, other than an egg carton, that is capable of containing not more than 30 eggs in separate compartments. (plateau)

wine

wine means an alcoholic beverage that meets the standard set out in section B.02.100 of the Food and Drug Regulations. (vin)