Food and Drug Regulations

B.01.467 (1) Despite section A.01.016 and subject to subsection (2), if the available display surface of a prepackaged product is less than 100 cm², the label of the product need not carry a nutrition facts table if the outer side of the label contains an indication of how a purchaser or consumer may obtain the nutrition information that would otherwise be required to be set out in a nutrition facts table on the label of the product.

(2) Subsection (1) does not apply to a prepackaged product that is

• (a) described in paragraph B.01.401(3)(a), (b), (c) or (e); or

• (b) contained in a package to which a label cannot be physically applied or on which information cannot be legibly set out and easily viewed by the purchaser or consumer under the customary conditions of purchase.

(2.1) However, subsection (1) applies to a prepackaged product that is referred to in paragraph B.01.401(3)(c) and subparagraph B.01.401(3)(e)(ii) and that meets the conditions set out in column 2 of item 37 of the table following section B.01.513 for the subject “Free of sugars” set out in column 1 if

• (a) the product does not contain an added vitamin or mineral nutrient;

• (b) the energy value expressed in Calories per serving of stated size and the amount of sugar alcohols expressed in grams per serving of stated size are shown immediately following the list of ingredients or the food allergen source, gluten source and added sulphites statement, as defined in subsection B.01.010.1(1), or the declaration referred to in subsection B.01.010.4(1), if that statement or declaration appears on the label; and

• (c) in the case of the product referred to in subparagraph B.01.401(3)(e)(ii), a statement or claim set out in column 4 of item 37 of the table following section B.01.513 for the subject “Free of sugars” set out in column 1 that appears on the label is

  • (i) legibly set out on the principal display panel,

  • (ii) in lower case letters except for the first letter of each word of the statement or claim, which may be an upper case letter,

  • (iii) of at least the same size and prominence as the letters used in the numerical portion of the declaration of net quantity as required under section 14 of the Consumer Packaging and Labelling Regulations, and

  • (iv) displayed in a colour contrasting with the background of the label.

(3) An indication referred to in subsection (1)

• (a) shall be set out in a type size of not less than 8 points;

• (b) shall include a postal address or a toll-free telephone number; and

• (c) shall be

  • (i) in English and French, or

  • (ii) 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 product may be shown in that language only and is shown on the label in that language.

(4) The manufacturer of the prepackaged product shall provide the information referred to in subsection (1) to a purchaser or consumer on request

• (a) without charge;

• (b) in the following manner, namely,

  • (i) in the official language in which the information is requested or, if specified by the purchaser or consumer, in both official languages, or

  • (ii) in one of the official 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 product may be shown in that language only and is shown on the label in that language; and

• (c) in the form of a nutrition facts table that is set out

  • (i) in a format, other than a horizontal format, that is specified in any of sections B.01.454 to B.01.459 or B.01.461 to B.01.464 and that would otherwise be carried on the label of the product in accordance with these Regulations, and

  • (ii) in a version of that format that is listed in column 1 of item 1 of any Part of the table to the applicable section referred to in subparagraph (i).

(5) In this section, official languages means the English language and the French language.