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

Marginal note:Number identifying establishment

183 A licence holder or an inspector who applies or uses the inspection legend that is set out in Figure 1 of Schedule 2 must replace the numbers “00” with the number identifying the licence holder’s establishment.

Marginal note:Authorized use

• 184 (1) The following persons are authorized to use the inspection legends that are set out in Figures 1 and 2 of Schedule 2:

  • (a) printers of labels, other than printers of official export labels, and manufacturers of packages, if the labels and packages that bear the inspection legend are provided to any person who is authorized under any of sections 180 to 182 to apply and use the inspection legend;

  • (b) printers of official export labels, if the labels that bear the inspection legend are provided to an inspector;

  • (c) publishers of documents on the subject of the inspection of meat products, processed egg products or fish;

  • (d) publishers of documents that advertise meat products, processed egg products or fish; and

  • (e) manufacturers of stamps, if the stamps that bear the inspection legend are provided to any person who is authorized under any of sections 180 to 182 to apply and use the inspection legend.

• Marginal note:Advertising and sale

  (2) Any person who is authorized under subsection (1) to use an inspection legend is also authorized to advertise the labels, packages, documents and stamps, as the case may be, which bear the inspection legend and to sell them.

Marginal note:Advertising and sale of certain foods

185 Any person is authorized to advertise and sell a meat product, prepackaged processed egg product or prepackaged fish to which an inspection legend has been applied or in connection with which an inspection legend is used, if the inspection legend was applied or is used in accordance with these Regulations. This includes using an inspection legend set out in Figures 1 and 2 of Schedule 2 for advertising the meat product, prepackaged processed egg product or prepackaged fish.

Marginal note:Inspection legend used as label

185.1 In the case of the inspection legend set out in Figure 1 of Schedule 2, if it is used or is to be used as a label, the number identifying the licence holder’s establishment that replaces the numbers “00” must be in characters of at least 1.6 mm in height.

PART 10Packaging

DIVISION 1General

Marginal note:Requirements for packages

186 A prepackaged food that is sent or conveyed from one province to another or that is imported or exported must meet the following requirements:

• (a) its package

  • (i) must be suitable for its intended use and appropriate for the food,

  • (ii) must be capable of protecting the food against moisture, loss, damage, contamination and deterioration during normal handling, storing and conveying,

  • (iii) must be clean and in a sanitary condition,

  • (iv) must be of sound construction,

  • (v) must be free from odours that might affect the food,

  • (vi) must not impart any undesirable substance to the food,

  • (vii) must not have a design or mark, or be of a colour, that enhances the appearance of the food with respect to its quality or composition, and

  • (viii) must be new, in the case of

    • (A) a liner that is used in connection with a processed egg product,

    • (B) a package of a processed egg product, if the package is made of corrugated fibreboard,

    • (C) an egg carton of eggs that are graded in accordance with these Regulations, and

    • (D) a tray of eggs that are graded Canada A or Canada B that is made of molded pulp;

• (b) in the case of a processed egg product, its package must, if it has previously been used and is not constructed of corrosion-resistant material, be lined with a sanitary plastic or equivalent liner;

• (c) in the case of eggs that are graded in accordance with these Regulations, its package must, if it is a plastic tray that has previously been used, be sanitized and dry before reuse; and

• (d) in the case of eggs that are graded Canada A or Canada B, its package must not have previously been used to package ungraded eggs or eggs that are graded Canada Nest Run.

DIVISION 2Standard Container Sizes

Marginal note:Application

187 The requirements of this Division apply in respect of any food that is sent or conveyed from one province to another or imported.

Marginal note:Size corresponding to net quantity

• 188 (1) The container of a prepackaged food, including a hermetically sealed food container listed in the Standard Container Sizes Document, must be of a size that corresponds to a net quantity by weight or volume or of a maximum capacity by net weight, as the case may be, that is set out in that document and, if the hermetically sealed container is made of metal, it must be of the dimensions that correspond to the net quantity by volume that is set out in that document.

• Marginal note:Exception — catch-weight foods

  (2) Subsection (1) does not apply in respect of a consumer prepackaged catch-weight food if a label that bears the net weight for retail sale is applied or attached to the food.

• Marginal note:Exception — consumer prepackaged foods

  (3) Subsection (1) does not apply in respect of a consumer prepackaged food that is

  • (a) manufactured, prepared, produced, packaged or labelled for use by commercial or industrial enterprises or institutions without being sold by them as a consumer prepackaged food;

  • (b) manufactured, prepared, produced, packaged or labelled only for sale to or by a duty-free shop; or

  • (c) distributed to one or more persons for no consideration.

189 [Repealed, SOR/2022-144, s. 16]

190 [Repealed, SOR/2022-144, s. 16]

191 [Repealed, SOR/2022-144, s. 16]

192 [Repealed, SOR/2022-144, s. 16]

193 [Repealed, SOR/2022-144, s. 16]

DIVISION 3Standards of Fill for Processed Fruit or Vegetable Products

Marginal note:Application

194 The requirements of this Division apply in respect of any foods that are sent or conveyed from one province to another, imported or exported.

Marginal note:Frozen processed fruit or vegetable products

195 At least 90% of the volume capacity of the package of a frozen processed fruit or vegetable product must be filled with the product.

Marginal note:Non-frozen processed fruit or vegetable products

196 The package of a processed fruit or vegetable product that is not frozen

• (a) must be filled with as much of the product as its preparation allows; and

• (b) must not contain more syrup, brine, water or other liquid packaging medium than is necessary for the processing of the product.

Marginal note:Hermetically sealed packages

197 Despite section 196, a processed fruit or vegetable product that is in a hermetically sealed package must meet the requirements for minimum drained weight and average drained weight that are set out in the document entitled Minimum Drained Weights and Average Drained Weights for Processed Fruit or Vegetable Products in a Hermetically Sealed Package, prepared by the Agency and published on its website, as amended from time to time.

PART 11Labelling

DIVISION 1General

SUBDIVISION AInterpretation

Marginal note:Definitions

198 The following definitions apply in this Part.

Canadian unit

Canadian unit means a unit of measurement that is set out in Schedule II to the Weights and Measures Act. (unité canadienne)

metric unit

metric unit means a unit of measurement that is set out in Schedule I to the Weights and Measures Act. (unité métrique)

SUBDIVISION BSubsection 6(1) of Act

Marginal note:False, misleading or deceptive labelling

• 199 (1) For the purposes of subsection 6(1) of the Act, labelling a food in a manner that is false, misleading or deceptive or is likely to create an erroneous impression includes labelling a food with

  • (a) any representation in which expressions, words, figures, depictions or symbols are used, arranged or shown in a manner that may reasonably be considered to qualify the declared net quantity of a consumer prepackaged food or that is likely to deceive with respect to the net quantity of a consumer prepackaged food; or

  • (b) any expression, word, number, depiction or symbol that may reasonably be considered to imply that a prepackaged food contains any matter that it does not in fact contain or that it does not contain any matter that it does in fact contain.

• Marginal note:False, misleading or deceptive selling, importing and advertising

  (2) For the purposes of subsection 6(1) of the Act, selling, importing or advertising a food in a manner that is false, misleading or deceptive or is likely to create an erroneous impression includes selling, importing or advertising

  • (a) a consumer prepackaged food that is labelled in the manner set out in paragraph (1)(a); or

  • (b) a prepackaged food that is labelled in the manner set out in paragraph (1)(b).

• Marginal note:Declaration of net quantity — labelling

  (3) For the purposes of subsection 6(1) of the Act, labelling a consumer prepackaged food with a declaration of net quantity does not constitute labelling a food in a manner that is false, misleading or deceptive if

  • (a) the declaration meets any requirements under the Act; and

  • (b) the actual net quantity of the food is, subject to the tolerance provided under subsection (5), not less than its declared net quantity.

• Marginal note:Declaration of net quantity — selling, importing or advertising

  (4) For the purposes of subsection 6(1) of the Act, selling, importing or advertising a consumer prepackaged food that is labelled with a declaration of net quantity does not constitute selling, importing or advertising a food in a manner that is false, misleading or deceptive if the conditions set out in paragraphs (3)(a) and (b) are met.

• Marginal note:Tolerance — paragraph (3)(b)

  (5) For the purposes of paragraph (3)(b), the tolerance for a declared net quantity that is set out in column 1 of the applicable table in Schedule 4 is the tolerance that is set out in column 2 or 3 for that net quantity.

Marginal note:Inspection — net quantity

• 200 (1) An inspection of a lot of food, each unit of which purports to contain the same net quantity, by an inspector for the purpose of determining whether the lot meets the conditions of paragraphs 199(3)(a) and (b) must be conducted by collecting and examining a sample from the lot.

• Marginal note:Number of units collected — Schedule 5

  (2) Subject to subsection (3), if a lot contains the number of units set out in column 1 of Part 1 of Schedule 5, the inspector must collect from the lot at least the number of units set out in column 2 and the units collected constitute the sample referred to in subsection (1).

• Marginal note:Destruction of units

  (3) If, for the purpose of determining the net quantity, other than for establishing the weight of the container, it is necessary to destroy a certain number of units in the lot, an inspector must not collect a number of units intended to be destroyed that is more than 10% of the total number of units in the lot or less than one unit, and the units collected constitute the sample referred to in subsection (1).

• Marginal note:Determination of inspector

  (4) The lot from which a sample was collected and examined by an inspector does not meet the conditions of paragraphs 199(3)(a) and (b) if the inspector determines that

  • (a) the weighted average quantity of the units in the sample, as determined by the formula set out in Part 2 of Schedule 5, is less than the declared net quantity;

  • (b) the number of units in the sample that contain less than the declared net quantity by more than the prescribed tolerance set out in Schedule 4 for that quantity is equal to or greater than the number set out in column 2 of Part 4 of Schedule 5 for the sample size set out in column 1 of that Part; or

  • (c) two or more units in the sample contain less than the declared net quantity by more than twice the prescribed tolerance set out in Schedule 4 for that quantity.

• Marginal note:Liquid consumer prepackaged food

  (5) In the case of an inspection of a consumer prepackaged food that consists of a liquid, the net quantity of the food must be determined on the basis of the assumption that the liquid is at a temperature of 20°C.

• Marginal note:Frozen liquid consumer prepackaged food

  (6) In the case of an inspection of a consumer prepackaged food that consists of a frozen liquid food and that is normally sold and consumed in a frozen state, the net quantity of the food must be determined when the food is in a frozen state.

SUBDIVISION CStandards Prescribed for Food

Marginal note:Common names

201 A food, whether prepackaged or not, that is sent or conveyed from one province to another or that is imported or exported, and whose label bears a common name printed in boldface type, but not in italics, in the Standards of Identity Document must meet any standard that applies in respect of that common name.

Marginal note:Icewine

202 It is prohibited for a person to sell a consumer prepackaged food whose label bears the word or expression “icewine” or “ice wine” or “ice-wine” or “vin de glace” or any similar word or expression, or any abbreviation of, symbol for or phonetic rendering of any of those words or expressions, unless the food meets the standard set out in Volume 8 of the Standards of Identity Document.

SUBDIVISION DInformation

Marginal note:Compliance with requirements of this Part

• 203 (1) An item of information that is shown on the label of a prepackaged food must meet any requirement of this Part that applies to that item of information, even if these Regulations do not require the food to be labelled with that item of information.

• Marginal note:Application

  (2) Subsection (1) applies in respect of

  • (a) in the case of an item of information referred to in Division 2, any prepackaged food that is sold in Canada and any prepackaged food that is sent or conveyed from one province to another or that is imported; and

  • (b) in the case of an item of information referred to in these Regulations, other than in Division 2, any food that is sent or conveyed from one province to another or that is imported or exported.

• Marginal note:Application — paragraphs 218(1)(a) and (b)

  (3) In the case of an item of information referred to in paragraphs 218(1)(a) and (b), subsection (1) also applies in respect of any dairy products, eggs, processed egg products, fish, fresh fruits or vegetables, processed fruit or vegetable products, honey, maple products or meat products that are prepackaged and exported.