PART IV: MARKING

31. Except as otherwise provided in these Regulations, every container of a food product shall be labelled with

(a) the full name and address of the operator or, where the containers were packed for a first dealer, an indication that the product was packed for or distributed by the first dealer, together with the full name and address of the first dealer;

(b) the common name of the food product legibly and conspicuously declared, and when the name consists of more than one word, each word shall be clearly and prominently displayed on the label;

(c) in the English version the word “Brand” immediately below or in the French version the word “Marque” immediately above the brand or trade name if it is a geographical location or some other descriptive name;

(d) the true and correct variety, if the variety of fruit or vegetable is named on the label;

(f) for the products referred to in Schedule III, the declaration of net quantity on the principal display panel as set out in sections 1, 4 and 5 of Schedule V,

(ii) in metric units and in any other equivalent unit of measurement if it is not displayed more prominently than the metric units;

(f.1) the name of the product as set out in the standard prescribed for that product in Schedule I or II, where that name is different than the common name;

(g) the correct size number or the optional word designation on vegetable products that are size graded according to these Regulations;

(h) the words “solid pack”, if the product is a solid pack from which there is little or no free liquid;

(i) the words “heavy pack”, if the product is packed to contain the maximum drained weight that processing will permit;

(o) the words “with pectin” in letters not less than 1/8 inch in height on containers over 10 ounces and not less than 3/32 inch in height on containers under 10 ounces in lettering readily discernible and prominently displayed immediately below the name of the jam, jelly or marmalade to which pectin has been added;

(p) the words “Seville”, “Extra Bitter” or “Bitter” if the product is an orange marmalade made from Seville, or similar bitter varieties of oranges;

(r) the words “whole”, “cut”, “whole vertical pack”, “asparagus style”, “french style” or “french cut” to describe the style of pack if the product is canned or frozen green or wax beans;

(s) the words “tips removed” or “without tips” clearly and prominently displayed immediately below the name of the product if the product is Canada Choice Grade Asparagus cuts or cuttings packed without tips;

(t) the words “cream style”, “vacuum pack”, “brine pack”, “packed in brine” or “packed in liquid”, as the case may be, if the product is canned corn;

(u) the words “Vitaminized” or “Vitamin C Added” if the product is apple juice to which ascorbic acid has been added to increase the Vitamin C content;

(v) the words “Vitaminized” or “Vitamin C Added” if the product is mixed vegetable juices, tomato juice cocktail, prune nectar, apricot nectar, grape juice or grape juice from concentrate to which ascorbic acid has been added in order to increase the Vitamin C content;

(w) the words “contents — per cent slack filled” or “contents — per cent short weight”, if the container is slack filled or contains less than the minimum net and drained weight prescribed by these Regulations;

(aa) a code mark indicating clearly the establishment where the product was packed and the date of packing if the product is a canned fruit or vegetable for which grades are established in these Regulations;

(ee) the list of ingredients and their components, as required by paragraph B.01.008(1)(b) of the Food and Drug Regulations;

(mm) the words “a water extract of dried prunes” immediately following the name of the product, if the product is prune nectar;

(nn) the word “freestone” or “clingstone” to describe the type of canned peaches, if the product is canned peaches;

(oo) the words “keep refrigerated” if the product is sauerkraut with preservative;

(pp) the words “keep refrigerated” if the product is a fruit juice packed in a non-hermetically sealed container;

(qq) the word “Wild” or “Cultivated” as well as the initial “I.Q.F.” (Individually Quick Frozen) or the words “Non-Free Flowing” if the product is frozen blueberries;

(rr) the word “Sparkling” or the word “Carbonated” if the product is apple juice, apple juice from concentrate, grape juice or grape juice from concentrate prepared with the addition of carbon dioxide under pressure; and

(ss) the word “Sweetened” on the principal display panel and in the same size of lettering as the words “Concentrated Orange Juice” if the product is sweetened frozen concentrated orange juice.

SOR/78-170, s. 4; SOR/79-918, s. 5; SOR/80-762, s. 5; SOR/83-3, s. 2; SOR/83-195, s. 1; SOR/86-481, s. 1; SOR/86-622, s. 3; SOR/88-8, s. 1; SOR/88-107, s. 1; SOR/90-41, s. 1; SOR/91-687, s. 6; SOR/93-330, s. 3; SOR/95-548, s. 2; SOR/98-579, s. 2; SOR/2003-6, s. 50(F).

31.1 Except as otherwise provided in these Regulations, every label applied in respect of a food product shall meet the applicable requirements of sections 32 to 42.

32. All information required by these Regulations to be shown on the label of a prepackaged product, or on the label of a container referred to in subsection 25(1), shall be shown in both official languages except that the identity and principal place of business of the person by or for whom the product was manufactured, processed, produced or packaged for sale may be shown in one of the official languages.

33. Where a food product prepared in a registered establishment is packed for a first dealer under his private label, the registration number of the operator or his identifying code mark shall appear on the label or be embossed on the container.

34. No food product shall be labelled with the name of a product set out in an item of Schedule XII as the name or as part of the name of the food product, unless the food product meets the applicable standards for that product set out in Schedule I or II.

35. (1) A product mentioned in Column I of an item of Table III of Schedule IV packed in syrup or fruit juice or fruit juice to which sugar has been added shall, when the percentage of soluble solids set out in Column II, III, IV, V or VI of that item is utilized, be labelled with the corresponding identification name of syrup referred to in that Schedule.

(2) Frozen fruits packed in sugar, invert sugar, dextrose or glucose in dry form shall be labelled to show the total percentage of sweetener or sweeteners added (e.g. "

36. (1) Subject to subsection (2), each declaration required by this Part in respect of a product shall be clearly and prominently displayed on a label affixed to the container of the product in letters and numerals at least as large as the minimum size of letters and numerals prescribed for that area of principal display surface in section 1 of Schedule V.

(2) Where a declaration required by this Part is as to volume, net weight or count, only the numerals are required to be of the minimum size specified in section 1 of Schedule V.

37. The grade names established by these Regulations shall be shown on the label as illustrated in

(a) section 2 of Schedule V in the case of a canned or frozen fruit or vegetable prepared in a registered establishment; and

(b) section 3 of Schedule V in the case of a canned or frozen fruit or vegetable imported and sold in its original container.

38. (1) The grade names established by these Regulations shall be applied only to those products for which grades are provided in Tables I and II of Schedule I.

(2) Where the food product fails to meet the lowest grade prescribed for that product in Schedule I, it shall be marked “substandard” providing the product is sound, wholesome and fit for food.

39. (1) The volume designation for containers of fruit and vegetable products, including frozen liquid foods, shall be declared on the label as prescribed by sections 1, 4 and 5 of Schedule V.

(2) The net weight declaration for frozen fruits and vegetables other than frozen liquid foods shall be declared on the label as prescribed by sections 1, 4 and 5 of Schedule V.

40. (1) The declaration for size grading of green and wax beans, peas, lima beans, asparagus tips or spears, whole white potatoes, whole carrots and cut carrots-whole style shall be indicated on the label as follows:

(a) the number designation, its equivalent optional word designation or the word designation specified in Tables I to V and Table VII respectively, of Schedule VI for the vegetables listed in this section; or

(b) “assorted sizes” or “mixed sizes” where the product is a combination or blend of any two or more sizes; or

(2) The words “whole carrots” and “cut carrots-whole style” have the same meaning as in subsection 16(1) of Table II to Schedule I.

41. (1) Where food products are imported, the label shall state clearly and conspicuously the country where the product was packed, in type as prescribed in section 1 of Schedule V, either as part of the name and address of the foreign operator or as a separate declaration indicating the origin of the product.

(2) Notwithstanding subsection (1), where an imported food product has been packed for a Canadian importer under his private label, country of origin shall be declared on the label clearly and conspicuously in lettering not less than 1/4 inch in height on containers over 10 ounces and not less than 1/8 inch in height on containers of 10 ounces and under.

42. (1) The common name, the grade name and the declaration of net quantity required by these Regulations shall appear on the principal display panel of the label.

(2) All declarations required by these Regulations, other than those referred to in subsection (1) or those required to appear adjacent to the common name, may appear on any panel of the label other than a panel located on the bottom of the container.

43. [Repealed, SOR/98-579, s. 4]

44. (1) A label shall not be placed on any container of a food product in a registered establishment unless the label has been registered pursuant to subsection (2).

(1.1) An application to register a label, or to modify a registered label, shall be made in writing to the Director and shall contain three copies of the label and the applicable fee set out in the Canadian Food Inspection Agency Fees Notice.

(2) The Director shall register the label or modified label if it conforms with the applicable requirements of this Part.

(a) a sample of the label, together with the information that accompanied the request for registration, shall be entered in a Register of Labels; and

(b) a written notice of the registration of the label shall be sent to the operator who requested the registration.

(4) The registration of a label shall lapse if the label no longer meets the requirements of these Regulations.

(5) Where the request of an operator for the registration of a label is refused, a written notice of refusal, setting out the reasons therefor, shall be sent to the operator.

(6) The operator of a registered establishment shall keep in the establishment for inspection on the request of an inspector every notice of registration in respect of a registered label received by him and a sample of every registered label used in the establishment.

SOR/86-622, s. 3; SOR/87-133, s. 4; SOR/93-496, s. 6; SOR/97-300, s. 4; SOR/2000-184, s. 25; SOR/2002-354, s. 14.

45. (1) Notwithstanding section 31, the Minister may permit

(a) food products to be labelled or relabelled elsewhere than in the establishment where they were packed; and

(b) the shipping within Canada of unlabelled food products for remanufacturing purposes.

(2) Where shipments of unlabelled food products are made pursuant to subsection (1), an inspector shall attach to one package of the shipment a numbered detention tag duly completed and signed by the inspector.

(3) No person shall alter or remove the detention tag placed on the package of the shipment and no person shall remove, sell or otherwise dispose of any part of the shipment so detained until a release in writing has been obtained from an inspector.

46. All packages in which containers of food products are packed shall be marked on one panel of the package with

(b) the name and address of the operator or, if the containers are packed for a first dealer, the name and address of the first dealer;

(e) the registration number for the establishment in which the product was packed.

47. (1) The registration number assigned to an establishment under these Regulations shall not be applied to any container or package of food products prepared in any other establishment.

(2) No establishment shall use any container or package bearing the registration number or other identification mark assigned or belonging to any other establishment.

48. A person who wishes to have food products analyzed, inspected or graded shall

(a) make a request to an inspector at least 24 hours before the service is required or, if there is no inspector in the area, at the nearest inspection office at least 48 hours before the service is required;

(c) make all food products from which samples will be drawn by the inspector readily accessible and ensure that they are in a condition suitable for analysis, inspection or grading;

(d) be available to assist the inspector, or designate an employee on the premises who will be available to assist the inspector, to open and close the containers and provide such other assistance as the inspector may request in order to provide the service; and

(e) indicate the grade names, if any, proposed to be placed on the containers, where the food products are unlabelled at the time they are presented.

49. [Repealed, SOR/2000-183, s. 19]

50. to 54. [Repealed, SOR/95-548, s. 2]

55. Where, owing to poor examination conditions or latent defects in a product, an inspector is unable to determine the grade of the product, he may postpone inspection of the product for such period as is necessary in order to enable him to make an accurate determination of the grade.

56. (1) Subject to subsection (3) and section 57, no person shall export out of Canada any food product for which grades have been established under these Regulations as set out in Schedule I unless

(2) Subject to subsection (3) and section 57, no person shall export out of Canada any food product or any food product of a class for which standards have been established under these Regulations as set out in Schedule II or any vegetable soup, spaghetti in tomato sauce, horseradish sauce, creamed horseradish, infant food or junior food, unless the food product

57. A food product that does not meet the requirements of these Regulations as to grade, standards, packing and marking may be exported if

(i) confirming that the container and markings comply with the requirements of the importing country, and

(ii) setting out the quality specifications of the contract under which the food product is being exported;

(b) the lot number or code of the shipment is marked on the label or embossed on the container; and

(c) the label on the container does not misrepresent the quality, quantity, composition, character, safety or value of the food product.

58. A person who wishes to obtain an export certificate for a food product that certifies that the food product meets the export requirements of this Part shall

(a) submit an application, in a form provided by the Agency, duly completed in duplicate, to an inspector or at the nearest inspection office, containing the following information:

(ii) the registration number of the establishment in which the food product was prepared,

(vii) a description of the food product and any identification marks including the grade and the brand name,

(viii) the number of shipping containers and the number, size and kind of containers per shipping container,

(ix) a statement that the food product mentioned in the application is sound, wholesome and edible and that it meets the requirements of the Act and these Regulations, and

(b) have the food product inspected by an inspector in accordance with the terms set out in section 48; and

(c) pay the fee prescribed by the Canadian Food Inspection Agency Fees Notice, in accordance with the conditions of payment set out in that Notice.

59. (1) Subject to subsection (3) and sections 59.2 and 59.3, no person shall convey from one province to another any food product for which grades are prescribed in Schedule I unless the food product

(2) Subject to subsection (3) and sections 59.2 and 59.3, no person shall convey from one province to another any food product or any food product of a class for which standards are prescribed in Schedule II or any vegetable soup, spaghetti in tomato sauce, horseradish sauce, creamed horseradish, creamed seafood sauce, cider vinegar, wine vinegar, infant food or junior food, unless the food product

(b) complies with the standards, if any, prescribed for that food product in Schedule II;

(b) is being test marketed in accordance with an authorization issued pursuant to subsection 9.1(5).

SOR/86-810, s. 1; SOR/87-372, s. 3; SOR/88-383, s. 2; SOR/94-465, s. 2; SOR/2001-80, s. 4; SOR/2003-6, s. 52.

59.1 [Repealed, SOR/2003-6, s. 53]

59.2 The Minister or a delegate of the Minister may exempt from any of the requirements of the Act or these Regulations the conveyance from one province to another of a food product where the Minister or delegate considers that it is necessary to do so in order to alleviate a shortage in Canada in the available supply from domestic production of that food product or an equivalent food product.

59.3 A food product that is unlabelled or that is not marked in accordance with Part IV may be conveyed from one province to another if the shipper provides evidence that the food product will be labelled or marked at its destination to comply with these Regulations.

60. (1) Subject to subsection (3), no person shall import into Canada any food product for which grades are prescribed in Schedule I unless the food product

(b) subject to section 25, is packed in a container prescribed for that food product in Table I or II of Schedule III; and

(2) Subject to subsection (3), no person shall import into Canada any food product or any food product of a class for which standards are prescribed in Schedule II or any vegetable soup, spaghetti in tomato sauce, horseradish sauce, creamed horseradish, infant food or junior food, unless the food product

(a) complies with the standards, if any, prescribed for that food product in Schedule II;

(b) subject to section 25, is packed in a container prescribed for that food product in Table III to Schedule III; and

(3) Subject to section 65, subsections (1) and (2) do not apply in respect of a shipment of food products that

(d) is imported from the United States onto the Akwesasne Reserve for use by an Akwesasne resident; or

(e) is being test marketed in accordance with an authorization issued pursuant to subsection 9.1(5).

(4) Paragraph (3)(d) does not apply in respect of a food product that is shipped to Canada from another country through the United States if the shipment is bonded.

(5) For the purpose of paragraph (3)(d), “Akwesasne resident” means an individual who has established permanent residence on the Akwesasne Reserve.

SOR/87-372, s. 3; SOR/92-10, s. 1; SOR/93-496, s. 5; SOR/94-465, s. 3; SOR/97-300, s. 7; SOR/2001-80, s. 6; SOR/2003-6, s. 54.

61. Where an imported food product is marked with the grade name “Fancy Grade”, “Choice Grade” or “Standard Grade”, the product shall comply with the grade standards prescribed by these Regulations for “Canada Fancy”, “Canada Choice” or “Canada Standard”, respectively.

62. [Repealed, SOR/2003-6, s. 56]

63. (1) The Minister or a delegate of the Minister may exempt from any of the requirements of the Act or these Regulations the importation for the purpose of marketing of a food product where the Minister or delegate considers that it is necessary to do so in order to alleviate a shortage in Canada in the available supply from domestic production of that food product or an equivalent food product.

(2) Where a food product is imported pursuant to subsection (1), the words “meets the grade, container and labelling requirements of these Regulations” in clause 65(1)(d)(vii)(H) may be read, as applicable, as

64. (1) A food product that is unlabelled or that is not marked in accordance with Part IV may be imported into Canada if the importer provides evidence that the food product will be labelled at its destination to comply with these Regulations.

(2) Where a food product is imported pursuant to subsection (1), the words “meets the grade, container and labelling requirements of these Regulations” in clause 65(1)(d)(vii)(H) may be read as

(a) “meets the grade and container requirements of these Regulations and is to be labelled”, where the container is not labelled; or

(b) “meets the grade and container requirements of these Regulations and is to be re-labelled”, where the container is labelled.

65. (1) No person shall market in import trade any food product unless the food product

(i) grade requirements and standards for food products that are at least equivalent to those set out in these Regulations, and

(ii) a system for the inspection of food products and for establishments that prepare food products that is at least equivalent to that in Canada;

(b) meets the grade requirements and standards for a similar food product produced in Canada;

(d) is accompanied by an import declaration, in a form provided by the Agency, duly completed in duplicate, dated and signed by the importer and containing the following information:

(v) a description of the food product and any identification marks, including the product’s common name, grade, brand name and production code,

(vi) for each consignee, the number of shipping containers, the number, size, net weight and kind of containers per shipping container and the production codes,

(A) was obtained from sound raw materials in accordance with good manufacturing practices,

(C) in the case of a low-acid food product or an acidified low-acid food product, was subjected to a thermal process that assures commercial sterility,

(I) standards for food products that are at least equivalent to those set out in these Regulations, and

(II) a system for the inspection of food products and of establishments that prepare food products that is at least equivalent to that in Canada,

(F) is accurately identified as to the name and address of the manufacturer or the manufacturer’s authorized agent,

(G) is accurately described in the import declaration and does not contain ingredients other than those permitted by these Regulations, and

(H) meets the grade, container and labelling requirements of these Regulations, and

(viii) in the case of a food product referred to in subsection 25(1), the label registration number.

(2) Where a food product does not meet the requirements of paragraph (1)(a) or (c), the food product may be imported where the food product meets the requirements of section 2.1 or 2.2 and the importer provides the Minister with evidence to that effect.

66. (1) The importer of a food product shall,

(a) at the time of import, submit the import declaration to an inspector for verification; and

(b) pay the applicable fee prescribed by the Canadian Food Inspection Agency Fees Notice, in accordance with the conditions of payment set out in that Notice.

(2) Paragraph (1)(b) does not apply in respect of a shipment of food products to which subsection 60(3) applies.

(3) Where an importer has failed to pay the fee referred to in paragraph (1)(b), Her Majesty may detain or refuse the entry into Canada of subsequent shipments until the importer pays the outstanding amount.

66.1 [Repealed, SOR/87-372, s. 3]

67. [Repealed, SOR/91-687, s. 8]

68. (1) Where an inspector seizes and detains any food product or other thing pursuant to section 23 of the Act, the inspector shall affix to the food product, to its container or to the other thing a detention tag on which the following are clearly marked:

(f) the name of the inspector in block letters and the signature of the inspector.

(2) No person shall alter, deface or remove a detention tag affixed to a food product, to its container or to any other thing unless the person is authorized to do so by an inspector.

69. (1) An inspector shall, after detaining a food product or other thing in accordance with subsection 68(1), forthwith deliver or mail a notice of detention

(a) to the person having the care or custody of the food product or other thing at the place where it was seized;

(b) to the owner of the food product or other thing that was seized or to the owner’s agent; and

(c) where the food product or other thing is removed from the place where it was seized to another place in accordance with subsection 19(5) or 25(1) of the Act, to the person having the care or custody of the food product or other thing at that other place.

(2) A notice of detention referred to in subsection (1) shall state that the food product or other thing was seized and detained pursuant to section 23 of the Act and shall set out

(e) the name of the inspector, in block letters, and the signature of the inspector;

(g) the telephone number to call for further information in respect of the seizure and detention.

70. Except with the written permission of an inspector, no person shall alter a food product or other thing or remove a food product or other thing from the place in which it has been detained.

71. Any food product or other thing detained under section 23 of the Act shall be detained under storage conditions appropriate to the preservation of the food product or other thing.

72. Where an inspector determines that any detained food product or other detained thing meets the requirements of the Act and these Regulations, the inspector shall release the food product or other thing and shall deliver or mail one copy of a notice of release to each of the persons to whom a copy of the notice of detention referred to in subsection 69(1) was delivered or mailed.

73. (1) Any food product or other thing forfeited under subsection 28(1) of the Act shall be disposed of in the manner ordered by the court directing the forfeiture and, if no order for the disposition of the food product or other thing is made by that court, the food product or other thing shall be disposed of in the following manner:

(i) sold for preparation as animal food or as a non-food product and the proceeds deposited to the credit of the Receiver General, or

(c) in the case of a thing other than a food product, it shall be sold and the proceeds deposited to the credit of the Receiver General.

(2) Any food product or other thing forfeited under subsection 28(2) of the Act shall be disposed of in the manner set out in subsection (1).

73.1 A food product that is forfeited under subsection 30(2) of the Act shall be disposed of in the following manner:

(i) sold for preparation as animal food or as a non-food product and the proceeds deposited to the credit of the Receiver General, or