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

Marginal note:Optional grading

307 The following foods for which grades are prescribed by these Regulations, if they are graded and sent or conveyed from one province to another, or imported or exported, must meet the requirements that are set out in the Compendium or the Grades Document in respect of the applicable grade of that food and must be labelled, in accordance with the Compendium or Grades Document, with the applicable grade name that is set out in the Compendium or Grades Document:

• (a) a food referred to in paragraphs 306(2)(a), (c) and (d);

• (b) a dairy product, except for a dairy product that is exported;

• (c) a bison carcass, ovine carcass or veal carcass; and

• (d) a poultry carcass that is dressed or partially dressed.

Marginal note:Authorized application or use

• 308 (1) Subject to subsection (2), a licence holder is authorized to apply a grade name to, and use a grade name in connection with, a food that is identified in their licence if

  • (a) the food meets the requirements of paragraphs 8(1)(a) to (d);

  • (b) the food meets the requirements that are set out in the Compendium or the Grades Document in respect of the applicable grade of that food;

  • (c) the food complies with any standards that are set out in the Standards of Identity Document;

  • (d) in the case of a dairy product, an egg, fish, a processed fruit or vegetable product, honey or maple syrup, the food has been graded by a licence holder;

  • (e) in the case of a livestock carcass or poultry carcass that is dressed or partially dressed, the food has been graded by a grader; and

  • (f) the food is packaged and labelled in accordance with these Regulations.

• Marginal note:Livestock carcass or poultry carcass

  (2) In the case of a livestock carcass or a poultry carcass that is dressed or partially dressed, only the persons who are referred to in the Compendium or the Grades Document are authorized, under the circumstances set out in the Compendium or the Grades Document, to apply a grade name to, or use a grade name in connection with, a food in accordance with this Part.

Marginal note:Imported foods — no prescribed grade name

309 A food that is imported and in respect of which no grade name is prescribed by these Regulations may be labelled with the grade designation that is established by the foreign state of origin if

• (a) the food meets the requirements for the grade designation that are established by that foreign state;

• (b) the food is labelled in accordance with these Regulations; and

• (c) the name of that foreign state of origin is clearly indicated on the label.

Marginal note:Authorized reproduction

310 The following persons are authorized to reproduce a grade name:

• (a) printers of labels or manufacturers of packages, if the labels or packages that bear the grade name are provided to a person who is authorized to apply or use the grade name under section 308;

• (b) publishers of documents on the subject of a food that is graded;

• (c) publishers of documents that advertise a food that is graded; and

• (d) manufacturers of grade stamp applicators or grade rollers, if the grade stamps applicators or grade rollers are provided to a grader.

Marginal note:Advertising or sale

311 Any person is authorized to use a grade name in the advertising or sale of a food if the food is labelled with the grade name in accordance with these Regulations.

DIVISION 4Packaging and Labelling

SUBDIVISION AGeneral

Marginal note:Labelling of grade name — consumer prepackaged food

312 In the case of a consumer prepackaged food, the grade name must be shown

• (a) on the principal display panel or in the manner set out in the Compendium; and

• (b) in characters of the height that is required by another provision in this Division or, if there is no such provision, 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:Illustration of grade name

313 A grade name that is applied to a beef carcass, bison carcass, ovine carcass, veal carcass, poultry carcass that is dressed or partially dressed, dairy product or egg must be shown as illustrated in the Compendium or the Grades Document.

SUBDIVISION BEggs

Marginal note:Grade name — prepackaged eggs

• 314 (1) The grade name on prepackaged eggs must be shown

  • (a) in the case of a tray with an overwrap or an egg carton, on the top of the tray or egg carton; and

  • (b) in the case of a container, other than a tray with an overwrap or an egg carton, in a central location on the container, except the top or the bottom.

• Marginal note:Exception — paragraph (1)(a)

  (2) The grade name is not required to be shown on trays with an overwrap or on egg cartons that are packaged inside of a second container if the grade name is shown on the second container and the second container is sent or conveyed to an establishment where eggs are graded, packaged and labelled by a licence holder.

• Marginal note:Exception — paragraph (1)(b)

  (3) If consumer prepackaged eggs in a container other than a tray with an overwrap or an egg carton are packaged inside of a second container, the grade name is not required to be shown on the second container if the grade name is easily visible and legible without opening the second container and the grade name is not obscured by the second container.

Marginal note:Type size

315 The grade name on prepackaged eggs must be shown in characters that are at least the following height:

• (a) in the case of a tray with an overwrap or an egg carton of eggs graded Canada A or Canada B, 1.5 mm for the word “Canada” and 3 mm for “A” or “B”;

• (b) in the case of a tray with an overwrap or an egg carton of eggs graded Canada C or Canada Nest Run, 1.5 mm;

• (c) in the case of a container, other than a tray with an overwrap or an egg carton, that contains eggs graded Canada A or Canada B, 6 mm for the word “Canada” and 13 mm for “A” or “B”; and

• (d) in the case of a container, other than a tray with an overwrap or an egg carton, that contains eggs graded Canada C or Canada Nest Run, 13 mm.

Marginal note:Eggs — Canada A

316 Eggs that are graded Canada A must be labelled with any applicable size designation that is set out in the Compendium. The size designation must be shown on the container in close proximity to the grade name.

SUBDIVISION CFish

Marginal note:Prepackaged fish

317 Prepackaged fish that is sent or conveyed from one province to another or that is imported or exported must be labelled with any applicable class and size designation that is set out in the Compendium. The class name or size designation must be shown in close proximity to the grade name and in characters that are at least 3.2 mm in height.

Marginal note:Second container

318 If consumer prepackaged fish that is labelled in accordance with these Regulations is placed inside of a second container and the resulting product is consumer prepackaged fish, the second container is not required to be labelled with the grade name.

Marginal note:Type size

319 The grade name of prepackaged fish must be shown in characters that are at least 3.2 mm in height if the declaration of net quantity is 900 g or less.

SUBDIVISION DFresh Fruits or Vegetables

Marginal note:Grade name — prepackaged fresh fruits or vegetables

• 320 (1) The grade name of prepackaged fresh fruits or vegetables, other than consumer prepackaged fresh fruits or vegetables, must be shown

  • (a) on any surface of the container, except the bottom; and

  • (b) 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 — type size

  (2) Despite subsection (1), the grade name of prepackaged fresh fruits or vegetables, other than consumer prepackaged fresh fruits or vegetables, may, if the container is a reusable plastic container, be in characters that are at least 1.6 mm in height.

• Marginal note:Exception — second container

  (3) If prepackaged fresh fruits or vegetables that are labelled in accordance with these Regulations 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 grade name if the grade name is easily visible and legible without having to open the second container and the grade name is not obscured by the second container.

Marginal note:Size designation

321 Fresh fruits or vegetables that are sent or conveyed from one province to another or imported must be labelled with the applicable size designation that is set out in the Compendium, if any. The size designation must

• (a) be shown in close proximity to the grade name;

• (b) in the case of prepackaged fresh fruits or vegetables, other than consumer prepackaged fresh fruits or vegetables,

  • (i) if their container is a reusable plastic container, be shown in characters that are at least 1.6 mm in height, or

  • (ii) if their container is not a reusable plastic container, be shown in characters of at least the minimum character height that is set out in paragraph 320(1)(b) for the grade name; and

• (c) in the case of consumer prepackaged fresh fruits or vegetables, 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.

SUBDIVISION EProcessed Fruit or Vegetable Products

Marginal note:Size designation

• 322 (1) A processed fruit or vegetable product that is sent or conveyed from one province to another or that is imported or exported must be labelled with any applicable size designation that is set out in the Compendium. The size designation must be shown in close proximity to the grade name in characters that are at least 1.6 mm in height.

• Marginal note:Exception

  (2) Despite subsection (1), green or wax beans, peas, lima beans, asparagus tips or spears, whole white potatoes, whole carrots or cut carrots-whole style that are in a hermetically sealed package and have not been size graded or that are not all of the same size may be labelled, as the case may be, with the expression

  • (a) “Ungraded as to Size” or “non calibré”; or

  • (b) “Assorted Sizes” or “grosseurs assorties” or “Mixed Sizes” or “grosseurs mixtes”.

SUBDIVISION FHoney

Marginal note:Grade name — prepackaged honey

323 The grade name of prepackaged honey, other than consumer prepackaged honey, must be shown

• (a) on at least one side or one end of the container; and

• (b) in characters that are at least 9.5 mm in height.

Marginal note:Colour class

324 Honey that is sent or conveyed from one province to another or that is imported or exported must be labelled with any applicable colour class that is set out in the Compendium. The colour class must be shown on the container, in close proximity to the grade name,

• (a) in the case of consumer prepackaged honey, in characters that are 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; or

• (b) in the case of prepackaged honey other than consumer prepackaged honey, in the manner set out in paragraphs 323(a) and (b).

SUBDIVISION GMaple Syrup

Marginal note:Colour class

325 Maple syrup that is graded Canada Grade A and is sent or conveyed from one province to another or exported, or that is graded Grade A and is imported, must be labelled with the applicable colour class that is set out in the Compendium. The colour class must be shown on the container 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.

SUBDIVISION HLivestock Carcasses

Marginal note:Prepackaged cut of beef

326 A grade name that is applied to a prepackaged primal cut or sub-primal cut of a beef carcass must correspond to the grade of the beef carcass from which it is cut.

Marginal note:Beef — Canada AAA

327 A cut from a beef carcass that is graded Canada AAA and that is exported in a container may be labelled with the expression “Canada Choice” or “Choix Canada” instead of the grade name.

Marginal note:Livestock carcass — removal of marking

• 328 (1) A grade stamp, roller brand or yield stamp must not be removed from a livestock carcass or a primal cut of a livestock carcass unless the removal is at the direction of and under the supervision of a grader or the livestock carcass or primal cut is being trimmed for further processing.

• Marginal note:Removal of marked fat

  (2) If fat that is marked with a grade stamp, roller brand or yield stamp is removed from a livestock carcass or a primal cut, the fat must be disposed of under a grader’s supervision unless the fat is

  • (a) reapplied to the same livestock carcass or primal cut from which it was removed; or

  • (b) applied, under a grader’s supervision, to another livestock carcass or primal cut that bears the same grade stamp, roller brand or yield stamp.

• Marginal note:Beef carcass — rib

  (3) If the carcass referred to in paragraph (2)(b) is a beef carcass that is graded Canada A, Canada AA, Canada AAA or Canada Prime, the fat must be applied to the rib of the carcass.

Marginal note:Livestock carcass — additional marks

329 A livestock carcass or primal cut of a livestock carcass that is marked with a grade stamp, roller brand or yield stamp may bear another mark only if

• (a) the mark is shown no more than once on the livestock carcass or once on each primal cut;

• (b) the mark is shown alone or in combination with a date;

• (c) the size in height and width of the mark or, if a date is shown, of the mark and date in combination does not exceed 76 mm; and

• (d) the mark and any date do not touch the grade stamp, the roller brand or the yield stamp.

SUBDIVISION IPoultry Carcasses

Marginal note:Grade name — poultry carcass

• 330 (1) The grade name of a poultry carcass must be shown

  • (a) in the case of a poultry carcass that is individually packaged, on the part of the package that lies on or over the anterior centre of the breast of the poultry; and

  • (b) in the case of a poultry carcass that is not individually packaged, on a tag that is attached to the V of the wishbone of the carcass.

• Marginal note:Type size

  (2) The grade name of a poultry carcass must be shown in characters that are

  • (a) in the case of poultry carcass that is not individually packaged or is in a container labelled “not for further processing” or « aucune transformation ultérieure » and individually wrapped, at least 1.5 mm in height;

  • (b) in the case of a consumer prepackaged poultry carcass graded Canada A or Canada C that has a net weight of 1 kg or less, at least 3 mm in height;

  • (c) in the case of a consumer prepackaged poultry carcass graded Canada A or Canada C that has a net weight of more than 1 kg but not more than 5 kg, at least 6 mm in height;

  • (d) in the case of a consumer prepackaged poultry carcass graded Canada A or Canada C that has a net weight of more than 5 kg, at least 9 mm in height;

  • (e) in the case of a consumer prepackaged poultry carcass graded Canada Utility that has a net weight of 5 kg or less, at least 3 mm in height;

  • (f) in the case of a consumer prepackaged poultry carcass graded Canada Utility that has a net weight of more than 5 kg, at least 5 mm in height; and

  • (g) in the case of a prepackaged poultry carcass, other than a consumer prepackaged poultry carcass, at least 6 mm in height.