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

Marginal note:Prepackaged fish placed in a second container

263 If prepackaged fish that is labelled in accordance with this Part is placed inside of a second container and the resulting product is prepackaged fish, other than consumer prepackaged fish, the second container is not required to be labelled with the declaration of net quantity referred to in paragraph 244.1(c).

264 [Repealed, SOR/2022-144, s. 35]

265 [Repealed, SOR/2022-144, s. 35]

Marginal note:Imported prepackaged fish

266 The label of imported prepackaged fish must bear the name of the foreign state of origin.

267 [Repealed, SOR/2022-144, s. 36]

SUBDIVISION HFresh Fruits or Vegetables

Marginal note:Prepackaged fresh apples

• 268 (1) The label of prepackaged fresh apples must bear the name of the variety.

• Marginal note:Prepackaged apples placed in second container

  (2) If prepackaged fresh apples that are labelled in accordance with this Part are placed inside of a second container and the resulting product is prepackaged fresh apples, other than consumer prepackaged fresh apples, the second container is not required to be labelled with the name of the variety.

• Marginal note:Definition of apple

  (3) In this section, apple means a fresh apple for which a grade is prescribed by these Regulations.

• (4) [Repealed, SOR/2022-144, s. 37]

Marginal note:Imported prepackaged fresh fruits or vegetables

• 269 (1) The expression “Product of” or “Produce of” or “produit de”, “Grown in” or “cultivé dans” or “Country of Origin” or “pays d’origine”, followed by the name of the foreign state in which the fresh fruits or vegetables were grown, or other words that clearly indicate that foreign state, must be shown on the principal display panel of imported prepackaged fresh fruits or vegetables in close proximity to the declaration of net quantity or the grade name.

• Marginal note:Prepackaged fruits or vegetables — second container

  (2) If prepackaged fresh fruits or vegetables that are labelled in accordance with this Part are placed inside of a second container and the resulting product is prepackaged fresh fruits or vegetables, other than consumer prepackaged fresh fruits or vegetables, the second container is not required to be labelled with the information referred to in subsection (1) if that information is easily visible and legible without having to open the second container and that information is not obscured by the container.

• Marginal note:Subsequent repackaging

  (3) This section applies whether or not the imported prepackaged fresh fruits or vegetables are subsequently repackaged in Canada.

Marginal note:Type size

• 270 (1) The information that is required by section 269 must be shown in boldface type 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.

• Marginal note:Exception

  (2) Subsection (1) does not apply in respect of consumer prepackaged fresh fruits or vegetables that are packaged from bulk at retail or that are catch-weight foods sold by a retailer.

Marginal note:Reusable plastic container

271 Despite subsection 270(1), in the case of prepackaged fresh fruits or vegetables, other than consumer prepackaged fresh fruits or vegetables, whose container is a reusable plastic container, the characters must be at least 1.6 mm in height.

SUBDIVISION IProcessed Fruit or Vegetable Products

Marginal note:Prepackaged processed fruit or vegetable products

272 The label of a prepackaged processed fruit or vegetable product must bear

• (a) the expression “Contents ... Per Cent Slack Filled” or “... pour cent du contenant non rempli” or “Contents ... Per Cent Short Weight” or “contient ... pour cent de moins que le poids indiqué”, if the package is not filled to capacity or contains less than the minimum drained weight and average drained weight as 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; and

• (b) the expression “Keep Refrigerated” or “garder réfrigéré”, in the case of sauerkraut with preservative, or a fruit juice that is in a non-hermetically sealed package.

Marginal note:Identification name — food in syrup or juice

273 A food that is set out in the Descriptive Words, Expressions and Identification Names Document that is frozen or in a hermetically sealed package and that is packaged in syrup, fruit juice, or in fruit juice to which sugar has been added, must be labelled with the identification name that is set out for the corresponding percentage of soluble solids contained in the applicable food.

Marginal note:Name of foreign state

• 274 (1) The label of an imported prepackaged processed fruit or vegetable product must bear the name of the foreign state where the processed fruit or vegetable product was packaged.

• Marginal note:Type size

  (2) The name must be shown in characters that are at least 1.6 mm in height.

• Marginal note:Product packaged for Canadian importer

  (3) Despite subsection (2), if the product was packaged for a Canadian importer under the importer’s private label, the name must be shown in characters that are

  • (a) at least 6.4 mm in height, if the declaration of net quantity is more than 283.5 g; and

  • (b) at least 3.2 mm in height, if the declaration of net quantity is 283.5 g or less.

SUBDIVISION JHoney

275 [Repealed, SOR/2022-144, s. 40]

Marginal note:Graded Canadian honey

276 The label of prepackaged honey that is produced in Canada and graded in accordance with these Regulations must bear the expression “Product of Canada” or “produit du Canada” or “Canadian Honey” or “miel canadien”.

Marginal note:Imported prepackaged honey

• 277 (1) The label of imported prepackaged honey must bear the expression “Product of” or “produit de” followed by the name of the foreign state of origin.

• Marginal note:Type size

  (2) In the case of imported prepackaged honey, other than consumer prepackaged honey, that information must be shown in characters that are at least 9.5 mm in height.

Marginal note:Honey packaged from imported honey

278 The label of consumer prepackaged honey that was packaged from imported honey and graded in accordance with these Regulations must bear the expressions “Product of” and “produit de” followed by the name of the foreign state of origin.

Marginal note:Blend of Canadian and imported honey

• 279 (1) The label of prepackaged honey that is a blend of imported honey and Canadian honey and that is graded in accordance with these Regulations must bear the expression “A Blend of Canadian and (naming the foreign state or states of origin) Honey” or “mélange de miel canadien et de miel (indication de l’État étranger ou des États étrangers d’origine)” or “A Blend of (naming the foreign state or states of origin) Honey and Canadian Honey” or “mélange de miel (indication de l’État étranger ou des États étrangers d’origine) et de miel canadien”.

• Marginal note:Sources of honey

  (2) The states of origin, Canadian or foreign, must be shown in descending order of the proportion of honey from each state.

SUBDIVISION KMaple Products

280 [Repealed, SOR/2022-144, s. 41]

Marginal note:Imported maple products

281 The label of the following maple products must bear the name of the foreign state of origin:

• (a) any imported prepackaged maple syrup whose net quantity is 5 L or less; and

• (b) any other imported prepackaged maple product whose net quantity is 5 kg or less.

SUBDIVISION LEdible Meat Products

Marginal note:Inspection legend — non-prepackaged edible meat products

• 282 (1) An edible meat product that is not prepackaged must bear

  • (a) the inspection legend set out in Figure 1 of Schedule 2, if the edible meat product is sent or conveyed from one province to another or exported; and

  • (b) the official inspection mark of the foreign state of origin, if the edible meat product is imported.

• Marginal note:Size of inspection legend

  (2) If an inspection legend or official inspection mark of a foreign state is applied directly on an edible meat product, the transverse axis passing through the centre of the legend or mark must be at least 25 mm in length.

Marginal note:Label — non-prepackaged edible meat products

• 283 (1) A label must be applied or attached to an edible meat product that is not prepackaged, and must bear

  • (a) the information required by paragraphs 218(1)(a) and (b) and 244.1(h) and sections 244.5 and 286 shown on the principal display panel;

  • (b) the ingredients listed in descending order of their proportion by weight of the product; and

  • (c) the components of the ingredients,

    • (i) listed immediately after the ingredient of which they are components, in such a manner as to indicate that they are components of that ingredient,

    • (ii) listed in descending order of their proportion by weight of the ingredient determined before they are combined to form the ingredient, and

    • (iii) shown in accordance with sections B.01.009 and B.01.010 of the Food and Drug Regulations.

• Marginal note:Exception

  (2) If one or more components of an ingredient is shown in a list of ingredients, the ingredient is not required to be shown in the list if all of the components of the ingredient are shown in the list by their common names and in accordance with paragraph (1)(b) as if they were ingredients.

Marginal note:Exception — omission or substitution of ingredient or component

• 284 (1) In the case where it is an acceptable manufacturing practice for a licence holder to omit, from an edible meat product that is not prepackaged, any food that is ordinarily an ingredient of the meat product or a component of the ingredient, or substitute in whole or in part, in an edible meat product that is not prepackaged, any food for a food that is ordinarily an ingredient or a component of the ingredient, the list of ingredients on the label of the meat product may, for the 12‑month period beginning at the time the label is applied or attached to the edible meat product, show as ingredients of the meat product or components of the ingredients the food that may be omitted or substituted, if

  • (a) all the foods that may be used as ingredients or components throughout the 12‑month period are shown in the list of ingredients;

  • (b) it is clearly stated as part of the list of ingredients that the food shown as an ingredient or component may not be present in the meat product or that another food may be substituted; and

  • (c) the food that may be omitted or substituted is grouped with foods of the same class of foods that are used as ingredients or components in the product and the foods within each of the groups of foods are listed in descending order of the proportion by weight in which they are likely to be used during the 12‑month period.

• Marginal note:Exception — varying proportions

  (2) In the case where it is an acceptable manufacturing practice for a licence holder to vary the proportions of ingredients of an edible meat product that is not prepackaged or components of the ingredients, the list of ingredients on the label of the edible meat product may, for the 12‑month period beginning at the time the label is applied or attached to the meat product, show the ingredients or components in the same proportions throughout the 12‑month period, if

  • (a) it is clearly stated as part of the list of ingredients that the proportions indicated are subject to change; and

  • (b) the ingredients or components are listed in descending order of the proportion by weight in which they are likely to be used during the 12‑month period.

Marginal note:Definitions

285 The following definitions apply in sections 283 and 284.

component

component means an individual unit of food that is combined as an individual unit of food with one or more other individual units of food to form an ingredient. (constituant)

ingredient

ingredient means an individual unit of food that is combined as an individual unit of food with one or more other individual units of food to form an integral unit of food that is an edible meat product. (ingrédient)

Marginal note:Prepackaged edible meat products

286 The label of a prepackaged edible meat product must bear on the principal display panel a statement that indicates that the meat product must be kept refrigerated or kept frozen, as the case may be, unless the meat product

• (a) is in a hermetically sealed package and is commercially sterile;

• (b) is dried to attain a water activity of 0.85 or less;

• (c) has a pH of 4.6 or less;

• (d) is packaged in salt or a saturated salt solution; or

• (e) is fermented and has a pH of 5.3 or less, and a water activity of 0.90 or less, at the end of the fermentation.

Marginal note:Inspection legend — prepackaged edible meat products

• 287 (1) The label of a prepackaged edible meat product must also bear

  • (a) the inspection legend set out in Figure 1 or 2 of Schedule 2, if the prepackaged edible meat product is sent or conveyed from one province to another or exported; and

  • (b) the official inspection mark of the foreign state of origin, if the prepackaged edible meat product is imported.

• Marginal note:Principal display panel

  (2) In the case of a prepackaged edible meat product, other than a consumer prepackaged meat product, the principal display panel must bear the inspection legend or the official inspection mark of the foreign state of origin.

• Marginal note:Tamper-resistant seal

  (3) Despite subsection (2), in the case of a prepackaged edible meat product, other than a consumer prepackaged meat product, the inspection legend or the official inspection mark of the foreign state of origin may be shown on the tamper-resistant seal, if such a seal is used, unless that seal is applied to the bottom of the container.