Food and Drug Regulations

B.01.350 (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) 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.