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Food and Drug Regulations (C.R.C., c. 870)

Regulations are current to 2022-09-11 and last amended on 2022-07-21. Previous Versions

PART BFoods (continued)

DIVISION 1 (continued)

General (continued)

 [Repealed, SOR/2003-11, s. 19]

  •  (1) Subject to subsections (2) and (3), no person shall, on the label of or in any advertisement for a food, make a representation, express or implied, concerning the action or effect of the food’s energy value or of a nutrient contained in the food.

  • (2) The label of or advertisement for a food may carry a statement or claim set out in column 1 of the table following section B.01.603.

  • (3) Subject to section B.01.312, the label of or advertisement for a food may carry a statement or claim to the effect that the food’s energy value or a nutrient contained in the food is generally recognized as an aid in maintaining the functions of the body necessary to the maintenance of good health and normal growth and development.

  • (4) If a statement or claim described in subsection (3) concerns a nutrient not listed in column 1 of the tables to sections B.01.401 and B.01.402 — or, as the case may be, not listed in column 1 of the tables to sections B.29.002 and B.29.003 and not referred to in column 2 of item 18 of the table to section B.29.002 — the amount of the nutrient contained in the food must be expressed on any part of the label in grams per serving of stated size.

  • (5) A statement or claim referred to in subsection (2) or (3) that appears on the label of a food shall be

    • (a) in English and French; or

    • (b) in one of those languages, if in accordance with subsection B.01.012(3) or (7) the information that is required by these Regulations to be shown on the label of the food may be shown in that language only and is shown on the label in that language.

  •  (1) If a statement or claim described in subsection B.01.311(3) is made on the label of or in an advertisement for a food that is not a prepackaged product or in an advertisement for a prepackaged product that is not made or placed by or on the direction of the manufacturer of the product, the label or advertisement shall include a declaration, per serving of stated size, of

    • (a) the energy value, if the energy value is the subject of the statement or claim; or

    • (b) the amount of the nutrient, if a nutrient is the subject of the statement or claim.

  • (1.1) Subsection (1) does not apply if the statement or claim is made on the label of or in the advertisement for a fresh vegetable or fruit or any combination of fresh vegetables or fruits without any added ingredients, an orange with added food colour or a fresh vegetable or fruit coated with mineral oil, paraffin wax, petrolatum or any other protective coating.

  • (2) If the statement or claim is made in an advertisement other than a radio or television advertisement, the declaration referred to in subsection (1) shall be

    • (a) adjacent to, without any intervening printed, written or graphic material, the statement or claim, if the statement or claim is made only once, or the most prominent statement or claim, if the statement or claim is made more than once; and

    • (b) shown in letters of at least the same size and prominence as those of the statement or claim, if the statement or claim is made only once, or the most prominent statement or claim, if the statement or claim is made more than once.

  • (3) If the statement or claim is made in a radio advertisement or in the audio portion of a television advertisement, the declaration referred to in subsection (1) shall immediately precede or follow the statement or claim.

  • (4) If the statement or claim is made in a television advertisement, the declaration referred to in subsection (1) shall be communicated

    • (a) in the audio mode, if the statement or claim is made only in the audio portion of the advertisement or in both the audio and visual portions; or

    • (b) in the audio or visual mode, if the statement or claim is made only in the visual portion of the advertisement.

  • (5) If the declaration referred to in subsection (1) is communicated in the visual mode of a television advertisement, it shall

    • (a) appear concurrently with and for at least the same amount of time as the statement or claim;

    • (b) be adjacent to, without any intervening printed, written or graphic material, the statement or claim, if the statement or claim is made only once, or the most prominent statement or claim, if the statement or claim is made more than once; and

    • (c) be shown in letters of at least the same size and prominence as those of the statement or claim, if the statement or claim is made only once, or the most prominent statement or claim, if the statement or claim is made more than once.

  • SOR/2003-11, s. 20
  • SOR/2016-305, ss. 16, 75(F)

Nutrition Symbols

Mandatory Information
  •  (1) Except as otherwise provided in this section, the principal display panel of a prepackaged product must carry a symbol that is set out in Schedule K.1 if

    • (a) the product, as offered for sale, contains a nutrient that is set out in column 1 of the table to this section; and

    • (b) the amount of the nutrient, calculated as a percentage of the daily value, meets or exceeds the applicable threshold set out in columns 2 to 7 of that table.

  • (2) For the purposes of subsection (1), the percentage of the daily value for the nutrient is calculated on the basis of the amount of the nutrient, by weight, per serving of stated size or per reference amount, whichever is greater.

  • (3) Despite subsection (2), if the prepackaged product requires reconstitution with water or another liquid or the addition of any other ingredient for its preparation and the reference amount applicable to the product only refers to the food in its prepared form, the percentage of the daily value for the nutrient is calculated on the basis of the amount of the nutrient, by weight, per serving of stated size.

  • (4) In the case of a prepackaged product referred to in subsection (3), the applicable threshold set out in columns 2 to 7 of the table to this section is determined on the basis of the product’s serving of stated size rather than its reference amount.

  • (5) Subsection (1) does not apply to the following:

    • (a) shipping containers, unless the containers and their contents are sold as a one unit prepackaged product to a consumer at the retail level;

    • (b) prepackaged products with an available display surface of less than 15 cm2;

    • (c) prepackaged individual portions of food that are intended solely to be served by a restaurant or other commercial enterprise with meals or snacks;

    • (d) ready-to-serve multiple-serving prepackaged products that are intended solely to be served in a commercial or industrial enterprise or an institution;

    • (e) prepackaged products that are intended solely for use as an ingredient in the manufacture of other prepackaged products intended for sale to a consumer at the retail level or as an ingredient in the preparation of food by a commercial or industrial enterprise or an institution;

    • (f) milk, partly skimmed milk, skim milk, goat’s milk, partly skimmed goat’s milk, skimmed goat’s milk, (naming the flavour) milk, (naming the flavour) partly skimmed milk, (naming the flavour) skim milk or cream sold in a refillable glass container;

    • (g) sweetening agents, including maple sugar and maple syrup;

    • (h) salt for table or general household use, celery salt, garlic salt, onion salt and any other seasoning salt if “salt” forms part of the common name of the food;

    • (i) fats and oils referred to in Division 9, fish and other marine fats and oils, butter, ghee and margarine and other similar substitutes for butter; or

    • (j) individual rations intended for use by military personnel engaged in operations or exercises.

  • (6) Subsection (1) does not apply, in respect of a nutrient, to the following prepackaged products if the only ingredients containing the nutrient are, in the case of saturated fat or sodium, ingredients set out in subsection (7) or, in the case of sugars, ingredients set out in subsection (8):

    • (a) whole or cut fruits or vegetables, including frozen, canned or dried fruits or vegetables;

    • (b) milk obtained from any animal, in liquid or powdered form;

    • (c) whole eggs, including liquid, frozen or dried eggs, or whole egg mixes;

    • (d) nuts, seeds or nut or seed butters in which less than 30% of the total fat content consists of saturated fat;

    • (e) vegetable oils or marine oils in which less than 30% of the total fat content consists of saturated fat;

    • (f) marine and fresh water animal products referred to in Division 21 in which less than 30% of the total fat content consists of saturated fat; or

    • (g) any combination of the foods referred to in paragraphs (a) to (f).

  • (7) For the purposes of subsection (6) in relation to saturated fat and sodium, the ingredients are the following ingredients to which no saturated fat or sodium has been added:

    • (a) whole or cut fruits or vegetables, including frozen, canned or dried fruits or vegetables;

    • (b) milk obtained from any animal, in liquid or powdered form;

    • (c) whole eggs, including liquid, frozen or dried eggs, or whole egg mixes;

    • (d) nuts, seeds or nut or seed butters in which less than 30% of the total fat content consists of saturated fat;

    • (e) vegetable oils or marine oils in which less than 30% of the total fat content consists of saturated fat; and

    • (f) marine and fresh water animal products referred to in Division 21 in which less than 30% of the total fat content consists of saturated fat.

  • (8) For the purposes of subsection (6) in relation to sugars, the ingredients are the following ingredients to which no sugars have been added:

    • (a) the ingredients set out in paragraphs (7)(a), (b) and (d);

    • (b) dairy products other than those referred to in paragraph (7)(b);

    • (c) grains; and

    • (d) legumes.

  • (9) Subsection (1) does not apply, in respect of saturated fat and sugars, to prepackaged products that are cheese or yogurt – including drinkable yogurt – that are made from dairy products, kefir or buttermilk unless

    • (a) in the case of saturated fat, the product contains an ingredient, other than any of the following ingredients, that contains saturated fat:

      • (i) milk ingredients,

      • (ii) modified milk ingredients,

      • (iii) nuts or seeds in which less than 30% of the total fat content consists of saturated fat,

      • (iv) vegetable oils or marine oils in which less than 30% of the total fat content consists of saturated fat, or

      • (v) marine and fresh water animal products referred to in Division 21 in which less than 30% of the total fat content consists of saturated fat; and

    • (b) in the case of sugars, the product contains an ingredient, other than any of the following ingredients, that contains sugars or the product contains any of the following ingredients to which sugars have been added:

      • (i) whole or cut fruits or vegetables, including frozen, canned or dried fruits or vegetables,

      • (ii) dairy products,

      • (iii) grains,

      • (iv) legumes, or

      • (v) nuts or seeds.

  • (10) For the purposes of paragraphs (6)(a) and (7)(a), fruit does not include coconut.

  • (11) Subsection (1) does not apply, in respect of sodium, to prepackaged products that are cheese made from dairy products.

  • (12) For the application of subsections (9) and (11), the prepackaged products must

    • (a) have a reference amount of 30 g or 30 mL or less and contain 10% or more of the daily value for calcium per serving of stated size or per reference amount, whichever is greater; or

    • (b) have a reference amount greater than 30 g or 30 mL and contain 15% or more of the daily value for calcium per serving of stated size or per reference amount, whichever is greater.

  • (13) Subsection (1) does not apply to the following prepackaged products unless they are required to carry a nutrition facts table on their label:

    • (a) a beverage with an alcohol content of more than 0.5%;

    • (b) a raw single ingredient meat, meat by-product, poultry meat or poultry meat by-product that is not ground;

    • (c) a raw single ingredient marine or fresh water animal product;

    • (d) a product sold only in the retail establishment where it is prepared and processed from its ingredients, including from a pre-mix if an ingredient other than water is added to the pre-mix during the preparation and processing of the product;

    • (e) a product sold only at a road-side stand, craft show, flea market, fair, farmers’ market or sugar bush by the individual who prepared and processed the product;

    • (f) an individual serving that is sold for immediate consumption and that has not been subjected to a process to extend its durable life, including special packaging;

    • (g) a product sold only in the retail establishment where it is packaged, if it is labelled by means of a sticker and has an available display surface of less than 200 cm2; or

    • (h) a product with an available display surface of less than 100 cm2.

  • (13.01) Subsection (1) does not apply to a prepackaged product that is a raw single ingredient meat, meat by-product, poultry meat or poultry meat by-product that is ground unless it meets any of the conditions that are set out in paragraph B.01.401(3)(a), (b), (c) or (e).

  • (13.1) Subject to subsection (13.2), subsection (1) does not apply to a supplemented food that has an available display surface of less than 100 cm2 other than a supplemented food that is referred to in paragraph B.29.018(2)(b).

  • (13.2) Subsection (1) does not apply to a supplemented food that has an available display surface of less than 100 cm2, whether or not the supplemented food is referred to in paragraph B.29.018(2)(b), if the supplemented food carries a supplemented food caution identifier.

  • (14) If, as a result of the application of any provision in subsections (5) to (13.2), subsection (1) does not apply to a prepackaged product or does not apply to a prepackaged product in respect of a particular nutrient, that provision prevails over any other provision in subsections (5) to (13.2) that indicates otherwise.

  • (15) Despite any other provision in this section, the label of the following prepackaged products must not carry a symbol referred to in subsection (1):

    • (a) a prepackaged product intended solely for infants six months of age or older but less than one year of age;

    • (b) a human milk fortifier;

    • (c) a human milk substitute or a food represented as containing a human milk substitute;

    • (d) a formulated liquid diet as defined in section B.24.001;

    • (e) a meal replacement;

    • (f) a nutritional supplement;

    • (g) a food represented for protein-restricted diets;

    • (h) a food represented for low (naming the amino acid) diets; and

    • (i) a food represented for use in a very low energy diet as defined in section B.24.001.

    TABLE

    Thresholds Requiring a Nutrition Symbol

    Column 1Column 2Column 3Column 4Column 5Column 6Column 7
    NutrientThreshold for a prepackaged product other than one referred to in columns 5 to 7Threshold for a prepackaged product intended solely for children one year of age or older, but less than four years of age
    ItemPrepackaged product with a reference amount greater than 30 g or 30 mL, unless the product is described in column 4Prepackaged product with a reference amount of 30 g or 30 mL or lessPrepackaged main dish with a reference amount of 200 g or morePrepackaged product with a reference amount greater than 30 g or 30 mL, unless the product is described in column 7Prepackaged product with a reference amount of 30 g or 30 mL or lessPrepackaged main dish with a reference amount of 170 g or more
    1Saturated fat15% of the daily value for the sum of saturated fatty acids and trans fatty acids set out in column 3 of Part 1 of the Table of Daily Values10% of the daily value for the sum of saturated fatty acids and trans fatty acids set out in column 3 of Part 1 of the Table of Daily Values30% of the daily value for the sum of saturated fatty acids and trans fatty acids set out in column 3 of Part 1 of the Table of Daily Values15% of the daily value for the sum of saturated fatty acids and trans fatty acids set out in column 2 of Part 1 of the Table of Daily Values10% of the daily value for the sum of saturated fatty acids and trans fatty acids set out in column 2 of Part 1 of the Table of Daily Values30% of the daily value for the sum of saturated fatty acids and trans fatty acids set out in column 2 of Part 1 of the Table of Daily Values
    2Sugars15% of the daily value for sugars set out in column 3 of Part 1 of the Table of Daily Values10% of the daily value for sugars set out in column 3 of Part 1 of the Table of Daily Values30% of the daily value for sugars set out in column 3 of Part 1 of the Table of Daily Values15% of the daily value for sugars set out in column 2 of Part 1 of the Table of Daily Values10% of the daily value for sugars set out in column 2 of Part 1 of the Table of Daily Values30% of the daily value for sugars set out in column 2 of Part 1 of the Table of Daily Values
    3Sodium15% of the daily value for sodium set out in column 3 of Part 1 of the Table of Daily Values10% of the daily value for sodium set out in column 3 of Part 1 of the Table of Daily Values30% of the daily value for sodium set out in column 3 of Part 1 of the Table of Daily Values15% of the daily value for sodium set out in column 2 of Part 1 of the Table of Daily Values10% of the daily value for sodium set out in column 2 of Part 1 of the Table of Daily Values30% of the daily value for sodium set out in column 2 of Part 1 of the Table of Daily Values
 
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