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

Marginal note:Display card

228 In the case of a consumer prepackaged food whose container is mounted on a display card, the label may be applied to the surface of the display card that is displayed or visible under customary conditions of sale or use.

SUBDIVISION FType Size — Specific Information

Marginal note:Consumer prepackaged food

• 229 (1) In the case of the label of a consumer prepackaged food, the following must be shown in characters of at least the minimum character height that is set out in column 2 of Schedule 6 for the area of a principal display surface that is set out in column 1:

  • (a) the numerical quantity in the declaration of net quantity; and

  • (b) the statement referred to in section 224 that indicates that a flavouring ingredient is imitation, artificial or simulated.

• Marginal note:Container mounted on display card — specific case

  (2) For the purposes of subsection (1), in the case of a container that is mounted on a display card, the reference to “Area of Principal Display Surface” in Schedule 6 must be read as “Total Area of the Surface of the Display Card that is Displayed or Visible under Customary Conditions of Sale or Use”, if the information is shown on a label that is applied to all or part of that surface.

• Marginal note:Consumer prepackaged wine — specific case

  (3) Despite paragraph (1)(a), in the case of consumer prepackaged wine, the numerical quantity in the declaration of net quantity may, if the net quantity is 750 mL, the container is no taller than 360 mm and the area of the principal display surface is greater than 258 cm², be shown in characters of a height less than the minimum character height that is set out in column 2 of Schedule 6, but must be shown in characters that are at least 3.3 mm in height.

SUBDIVISION GManner of Showing Declaration of Net Quantity

Legibility

Marginal note:Consumer prepackaged food

230 The declaration of net quantity that is shown on the label of a consumer prepackaged food must

• (a) be in distinct contrast to any other information or pictorial representation on the label; and

• (b) show the numerical quantity in boldface type.

Declaration by Volume, Weight or Numerical Count

Marginal note:General requirements

231 The declaration of net quantity of a consumer prepackaged food must be shown

• (a) in the case of a consumer prepackaged food that is listed in the document entitled Units of Measurement for the Net Quantity Declaration of Certain Foods, prepared by the Agency and published on its website, as amended from time to time, by volume, weight or numerical count in accordance with that document; or

• (b) in the case of a consumer prepackaged food that is not listed in the document referred to in paragraph (a),

  • (i) if the food is liquid, gas or viscous, by food volume, or, if the food is solid, by weight, or

  • (ii) if the established trade practice in respect of the food is to show its net quantity in a manner that is different than what is required by subparagraph (i), in accordance with that established trade practice.

Metric Units

Marginal note:Permitted units of measurement

232 The declaration of net quantity of a consumer prepackaged food must be shown in metric units, unless otherwise provided by these Regulations.

Marginal note:Millilitres, litres, grams and kilograms

• 233 (1) The metric units that must be shown in a declaration of net quantity of a consumer prepackaged food must be in

  • (a) millilitres, if the net volume of the food is less than 1 000 mL;

  • (b) litres, if the net volume of the food is 1 000 mL or more;

  • (c) grams, if the net weight of the food is less than 1 000 g; and

  • (d) kilograms, if the net weight of the food is 1 000 g or more.

• Marginal note:Half-litre or half-kilogram

  (2) Despite paragraphs (1)(a) and (c), 500 mL may be shown as 0.5 L and 500 g may be shown as 0.5 kg.

• Marginal note:Decimal fraction

  (3) In the case referred to in paragraph (1)(c), the net weight may be shown as a decimal fraction of a kilogram if the food is packaged from bulk at retail or is a catch-weight food that is sold by a retailer.

Marginal note:Number of digits

• 234 (1) If the declaration of net quantity of a consumer prepackaged food is shown in metric units, it must be shown in the decimal system to three figures.

• Marginal note:Net quantity below 100 g or mL

  (2) Despite subsection (1), if the net quantity is below 100 g or 100 mL, it may be shown to two figures.

• Marginal note:Zero as final decimal

  (3) Despite subsections (1) and (2), any final zero appearing to the right of the decimal point is not required to be shown.

Marginal note:Quantity less than one

235 If the declaration of net quantity of a consumer prepackaged food is shown in metric units and the quantity is less than one metric unit, the quantity must be shown

• (a) in words; or

• (b) in the decimal system, with a zero preceding the decimal point.

Metric Units and Canadian Units

Marginal note:Grouping

236 If the declaration of net quantity of a consumer prepackaged food is shown in metric units and Canadian units, those units must be grouped together, except that any symbol or pictogram that is shown in accordance with the Canada Consumer Product Safety Act or any regulations made under that Act may be shown between those units.

Marginal note:Canadian units of volume

• 237 (1) If the declaration of net quantity of a consumer prepackaged food whose volume is less than one gallon includes Canadian units, those units must be in fluid ounces, except that 20 fluid ounces may be shown as one pint, 40 fluid ounces as one quart, 60 fluid ounces as three pints, 80 fluid ounces as two quarts or as one-half gallon and 120 fluid ounces as three quarts.

• Marginal note:Oysters

  (2) Despite subsection (1), in the case of oysters that are sold in the shell, other than those in a hermetically sealed package, the declaration of net quantity must, if shown by volume, be shown in bushels or pecks.

238 [Repealed, SOR/2022-144, s. 22]

Individually Packaged Food Sold as One Unit and Servings

Marginal note:Individually packaged food sold as one unit

• 239 (1) If a consumer prepackaged food is sold as one unit but consists of two or more individually packaged foods that are labelled with the information required for a consumer prepackaged food, the declaration of net quantity of the consumer prepackaged food being sold as one unit must show

  • (a) the number of individually packaged foods in each class of food, as well as the common name of the food in each class; and

  • (b) the total net quantity of the individually packaged foods in each class, or the net quantity of each identical individually packaged food in each class.

• Marginal note:Dairy products sold as one unit

  (2) Subsection (1) does not apply in the case of a dairy product that is sold as one unit but consists of two or more individual packages of butter patties, butter reddies or other related dairy products if the total net quantity of the individual packages is 20 g or less.

• Marginal note:Prepackaged honey

  (3) In the case of prepackaged honey that is graded and that is sold as one unit but that consists of two or more individual packages, the label must bear the number of those packages and the net quantity of each, in metric units.

Marginal note:Prohibition — representation respecting number of servings

240 It is prohibited for a person to apply or attach to any consumer prepackaged food a label that bears any representation with respect to the number of servings contained in the consumer prepackaged food unless the label bears a declaration of net quantity of each serving in accordance with section 241.

Marginal note:Servings

• 241 (1) The declaration of net quantity of a serving of a consumer prepackaged food must be shown

  • (a) in close proximity to the representation with respect to the number of servings contained in the consumer prepackaged food; and

  • (b) in characters of the same height as those in which that representation is shown.

• Marginal note:Units

  (2) The declaration of net quantity of a serving must be shown

  • (a) in accordance with the requirements of sections 231 and 233 to 237 respecting the declaration of net quantity of the food; and

  • (b) in metric units, unless otherwise provided by these Regulations.

• Marginal note:Representation — cups or tablespoons

  (3) If the representation with respect to the number of servings is made in terms of cups or tablespoons,

  • (a) one cup is equivalent to 250 mL and one tablespoon is equivalent to 15 mL; and

  • (b) the declaration of net quantity is not required to meet the requirements of paragraph (2)(b).

• Marginal note:Exception — number of portions indicated

  (4) Subsection (1) does not apply in the case of a prepackaged food that bears a nutrition facts table that contains the serving size of the food in accordance with the Food and Drug Regulations.

Marginal note:Net quantity in advertisement

241.1 If the declaration of net quantity of a consumer prepackaged food or of a serving of the food is shown in metric units and Canadian units, the net quantity in an advertisement may be shown in either a metric unit or a Canadian unit.

Marginal note:Exceptions to declaration of net quantity

241.2 In addition to the exceptions in section 299, the following consumer prepackaged foods are not required to be labelled with the declaration of net quantity referred to in section 221:

• (a) an individual portion of a food that is prepared by a commissary and sold by an automatic vending machine or a mobile canteen;

• (b) a catch-weight food that is sold to a retailer;

• (c) an individual portion of a food that is sold by a restaurant or other commercial enterprise if it is served with meals or snacks; and

• (d) consumer prepackaged fresh fruits or vegetables sold in a retail store that are packaged in an unsealed transparent protective bag, if sold by weight.

Marginal note:Consumer prepackaged raspberries or strawberries

241.3 The requirements of sections 216, 221 and 240 do not apply in respect of consumer prepackaged raspberries or strawberries that are packaged in the field in a container that has a capacity of 1.14 L or less.

Marginal note:Individually measured food

• 241.4 (1) A declaration of net quantity of a consumer prepackaged food that is an individually measured food is not required to meet the legibility and character height requirements of subsection 210(2), paragraph 229(1)(a), subsections 229(2) and (3) and paragraph 230(b).

• Marginal note:Food packaged from bulk

  (2) If it is clearly shown on the principal display panel in Canadian units, the declaration of net quantity of a consumer prepackaged food, other than an individually measured food, that is packaged from bulk at retail, is not required to

  • (a) meet the legibility and character height requirements of subsection 210(2), paragraph 229(1)(a), subsections 229(2) and (3) and paragraph 230(b); or

  • (b) be shown in metric units.

• Marginal note:Definition of individually measured

  (3) In this section, individually measured means, with respect to a food, that the food is measured and packaged in a manner other than in accordance with a predetermined fixed quantity and, as a result, is sold in varying quantities.

Marginal note:Individually packaged food sold as one unit

241.5 Sections 221, 239 and 240 do not apply to the label of a consumer prepackaged food that consists of six or less identical individually packaged foods but is sold as one unit if each of the individually packaged foods is labelled with the information required by this Part and that information is clearly visible at the time of sale.

DIVISION 3Specific Requirements for Certain Foods

SUBDIVISION AApplication of Division

Marginal note:Interprovincial trade, import and export

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

SUBDIVISION BDeclaration of Net Quantity

Marginal note:Exception — consumer prepackaged food

243 The requirements relating to the declaration of net quantity that are set out in this Division do not apply in respect of a consumer prepackaged food.

Marginal note:Declaration of net quantity

244 Any declaration of net quantity that is required by this Division must be shown by volume, weight or numerical count in accordance with the document entitled Units of Measurement for the Net Quantity Declaration of Certain Foods, prepared by the Agency and published on its website, as amended from time to time.

Marginal note:Declaration of net quantity — prepackaged foods

244.1 The label of the following prepackaged foods must bear a declaration of net quantity:

• (a) dairy products;

• (b) eggs graded in accordance with these Regulations;

• (c) fish;

• (d) fresh fruits or vegetables;

• (e) processed fruit or vegetable products;

• (f) honey graded in accordance with these Regulations;

• (g) maple products, except maple syrup that is not graded in accordance with these Regulations; and

• (h) edible meat products.

Marginal note:Metric units

244.2 Unless otherwise provided by these Regulations, the declaration of net quantity must be shown in metric units.