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ToolsRelated topicsResourcesGuide to the Consumer Packaging and Labelling Act and RegulationsOctober 1999 Contents1. Exemptions 2. Definitions
1. False and Misleading Representations
2. Mandatory Label Information
1. Fill Level IntroductionThis guide provides an outline to the packaging and labelling requirements for prepackaged non-food consumer products subject to the federal Consumer Packaging and Labelling Act and the Consumer Packaging and Labelling Regulations. The full text of the Act and Regulations should be consulted for a more detailed understanding of these provisions. The administration and enforcement of the Act and Regulations, as they relate to non-food products, is the responsibility of the Competition Bureau, Industry Canada. Administration and enforcement of the Act and Regulations, as it relates to food products, is the responsibility of the Canadian Food Inspection Agency (CFIA). For information on the labelling of food products, contact the CFIA at 1-800-442-2342. For further clarification of the requirements, contact the Competition Bureau: Information Centre
The following products are exempt from all requirements of the Consumer Packaging and Labelling Act and Regulations:
The term "container" means a receptacle, package, wrapper or confining band in which a product is offered for sale but does not include package liners or shipping containers or any outer wrapping or box that is not customarily displayed to the consumer.
The "dealer" is the person who is a retailer, manufacturer, processor or producer of a product, or a person who is engaged in the business of importing, packing or selling a product.
A "label" is any label, mark, sign, device, imprint, stamp, brand, ticket or tag.
The term "prepackaged product" means any product that is packaged in a container in such a manner that it is ordinarily sold to or used or purchased by a consumer without being re-packaged.
The term "principal display panel" means,
The term "principal display surface" means,
Section 7 of the Act prohibits false and misleading representations relating to prepackaged products. All information on a package, whether in symbols or words, must be neither falsenor misleading to the consumer. Misleading representations can come in many forms. These include, but are not limited to, the following:
Any representation which gives the impression that a package contains more product than is actually contained in it may be a violation of this section.
1.2 Product Composition Representations Any representation which deceives a consumer with respect to the composition of a product may be a violation of this section.
1.3 Other Descriptions or Illustrations The product must conform with any other claims made which may, for example, relate to its type, quality, performance, function, origin, or method of manufacture. Some examples of claims include: Quality Method of Manufacture Origin Function Performance Capacity
There are three mandatory statements which must be shown on a label. The regulations specify the manner and location in which the following statements must appear:
Example of Liquid and Viscous Products with Mandatory Label Information:
2.1 Product Identity Declaration The product identity declaration is a statement of the product's common or generic name, or it may be defined in terms of its function.
The product indentity declaration is a statement of the product's common or generic name, or it may be defined in terms of its function.
The product identity must be shown in English and French. In some cases a product identity declaration is bilingual in and of itself, such as "cologne" or "serviettes".
The product identity must be shown on the "principal display panel" of the package. Refer to Section 2.5 for the definition. Where there are two or more principal display surfaces that are of equal size and prominence as the principal display panel, the product identity and net quantity declarations can be shown in only one of the official languages on one surface if such information is shown in the other official language on one of those other surfaces.
There is no restriction on the type face which may be used. However, this information must be easily legible to the consumer.
The type height must be a minimum of 1.6 mm (1/16 inch) where upper case letters only are used. If upper and lower case, or only lower case letters are used, the type height should be measured in relation to the lower case "o". For example, whether the product identity is shown as "SHAMPOO", "Shampoo" or "shampoo", the type height for the letter "o" must be a minimum of 1.6 mm. In certain cases, where the container has a principal display surface of 10 square centimetres (1.55 square inches) or less, the minimum type height may be reduced to 0.8 mm (1/32 inch). Refer to section 16 of the Regulations for details.
Under certain conditions, when the product is usually sold by count and is packaged in such a way that it is visible and identifiable, or the label has an accurate pictorial representation of the package contents, an exemption from declaring the product identity may apply. Please refer to subsections 5(1) and 5(3) of the Regulations for details.
Generally the net quantity should be expressed:
However, if there exists an established trade practice with respect to the manner of declaring the net quantity, it must be expressed in accordance with such established trade practice.
Where a product is declared by count, and the package contains only one unit, the net quantity may be considered declared by the product identity declaration in its singular form. Where this option is exercised, it is advisable to display the product identity using the minimum type height specified for the net quantity declaration (Please refer to Table 1). Example of Label for a Product not Requiring Net Quantity Declaration:
Certain exceptions to these general rules are also prescribed by the Regulations:
Examples of Labels for Products Sold by Sheets and Rolls:
The use of an additional non-metric quantity declaration is permitted providing that it is not false or misleading to the consumer.
The net quantity declaration must be in English and French. Please note that a net quantity declaration using only numbers and metric symbols is considered bilingual.
The net quantity declaration must be displayed clearly and prominently on the "principal display panel" (refer to Section 2.5 for definition) of the label and must be easily legible and in distinct contrast to any other information or representation shown on the label. See also Section 2.1.3.
The numerical portion of the net quantity declaration must be in bold face type. There is no restriction on type face for any other information included in the net quantity declaration (i.e. units of measurement statements, abbreviations, symbols, etc.) However, this information must be easily legible to the consumer.
The numerical portion of the net quantity declaration must have a type height not less than the minimum size outlined in Table 1. (a) Table 1 - Minimum Type Heights
*Refer to Section 2.6. All other information in this declaration must have a type height of not less than 1.6 mm (1/16 inch) where upper case letters only are used. If upper and lower case, or only lower case letters are used, the type height should be measured in relation to the lower case "o".
The use of a word or symbol for the unit of measurement is acceptable. To ensure uniformity, the following table has been provided. Column 1 of Table 2 shows the correct spelling of the unit of measurement in English and French. Column 2 shows the acceptable symbol. Note that the symbols are considered bilingual. However, if a word is used (e.g. gram), then it is necessary to show the equivalent word (gramme) in French. (a) Table 2 - Units of Measurement
* the use of the symbols "L" and "mL" is preferred.
The type of unit which should be used depends on the net quantity of product. Table 3, which follows, indicates the correct unit to use for a variety of measures and sizes.
In general, the number used must be shown to three figures in the decimal system. Any final zeros to the right of the decimal point, however, need not be expressed. There are three exceptions permitted: (a) quantities below 100 grams, millilitres, cubic centimetres, square centimetres, or centimetres may be shown to two figures. Any final zeros to the right of the decimal point similarly need not be expressed. Examples:
(b) if the quantity is less than one, it may be shown in either the decimal system with the figure zero preceding the decimal point, or in words. (c) a specific variation of (b) permits 500 grams and 500 millilitres to be shown as being one-half kilogram and one-half litre respectively. These declarations may also be declared in decimal figures or in words.
Rounding off numbers - Where it is necessary to round-off the metric declaration to the specified number of figures, the procedure is as follows:
Example:
Example:
Note: Dealers are advised that when the value is rounded up, there may be a need to increase the package contents to meet the new declared quantity.
A prepackaged non-food product that is visible, identifiable and sold by count, may be exempted from the net quantity declaration. Similarly, a non-food product that is normally sold by count and is packaged as a set, may be exempt from the net quantity declaration if there is an accurate pictorial representation of the product's contents on the principal display panel. Please refer to sections 5(2) and 5(3) of the Regulations for details.
Non-food prepackaged products that are packaged from bulk on a retail premise with the net quantity of the product shown clearly on the principal display panel of the label in terms of a Canadian unit, are exempt from the metric net quantity declaration and size of type requirements. Please refer to section 19(2) of the Regulations for details. 2.3 Dealer's Name and Principal Place of Business
A declaration showing the identity and principal place of business of the person by or for whom the prepackaged product was manufactured or produced for resale is required. This is interpreted to mean a name and address sufficient for postal delivery.
The dealer's name and principal place of business may be shown in either English or French.
This declaration can be located anywhere on the outside surface of the package except the bottom.
There is no restriction on the type face which must be used, but it must be easily legible to the consumer.
Must be a minimum of 1.6 mm (1/16 inch) when upper case letters only are used. If upper and lower case, or only lower case letters are used, the type height should be measured in relation to the lower case "o".
Where a prepackaged product is wholly manufactured or produced in a country other than Canada, the application of any one of the following formats will satisfy the requirements of the Regulations:
Example of Label for an Imported Product:
(a) Bulk Imports Where a product is wholly produced in a country other than Canada, imported into Canada in bulk, packaged in Canada (other than by a retailer) and then labelled, it must be labelled in the same manner as described in any one of the above formats. Country of origin marking is not a requirement of the Consumer Packaging and Labelling Act, however, the Canada Customs and Revenue Agency requires a country of origin marking on specific goods. For further information, prospective importers should contact their local customs office. A listing of the customs offices can be found on the Canadian Border Services Agency.
Where any reference, direct or indirect, is made on a label to the place of manufacture or printing of the label or container and not to the place of manufacture of the product, the reference must be accompanied by an additional statement indicating that the place of manufacture refers only to the label or container.
Subsection 6(2) of the Consumer Packaging and Labelling Regulations requires that "all" mandatory label information be shown in English and French except the dealer's name and address which can appear in either language. Any label information in addition to the mandatory requirements discussed above (i.e. directions for use, promotional statements, etc.) does not have to appear in a bilingual manner. Dealers are, however, encouraged to include such information in English and French. Limited exemptions from the bilingual labelling requirement are provided in subsections 6(3) and 6(7) of the Regulations for test market products (temporary exemption of up to one year; see Section 2.4.2 below), local products, and specialty products. In such instances, the applicable mandatory label information may appear in either official language. Subsection 6(9) of the Regulations provides an exemption from the bilingual labelling requirements when the product requires knowledge of a language for its proper use (i.e. greeting cards, books, talking toys, and games). The label information for these products may be displayed in the language appropriate to the use of the product. The province of Quebec has additional requirements concerning the use of the French language on all products marketed within its jurisdiction. Information on these requirements may be obtained from the:
Under certain conditions, products considered to be "test market products", as defined by the Regulations, may be exempted for up to one year from the bilingual labelling requirements. In order to qualify for such an exemption, the dealer who intends to conduct the test marketing must ensure that:
In addition, the dealer must file a notice of intention to:
A notice of intention must include the following:
Following receipt of the "Notice of Intention", Bureau officials will evaluate the information and render an opinion as to whether or not the proposed test market product and plan are in accordance with the requirements of the Regulations. The applicant will then receive a letter outlining the Bureau's opinion and providing further guidance on proceeding with the test market or on correcting existing labels. Products failing to meet the requirements for the test market exemption are most often not "substantially different" or do not comply with the detailed requirements of the regulations other than those provisions related to bilingual labelling. It is the Bureau's position that slight changes in product formulation or package design would not qualify the product as being substantially different. New, unique products or products which are packaged in unique delivery systems are often considered to be substantially different. In cases where the Bureau is of the opinion that a product satisfies the regulations respecting test marketing, dealers are advised that during the one year period of test marketing, distribution of the product must be limited to local government units where the official language used on the label is the mother tongue of at least 10 per cent of the total number of persons residing in the unit and where the other official language is the mother tongue of less than 10 per cent of the total number of persons residing in the same local government unit. In many circumstances, dealers investigating the possibility of a test market exemption are seeking a means of importing unilingually labelled products for a short period of time in order to test the potential demand for the product before undertaking to re-design the labels to meet the Canadian regulations. However, due to the fact that in most cases it is only the mandatory product identity and net quantity declarations which must be shown in French and English, dealers have the option of providing the additional information by applying pressure sensitive stickers bearing the proper translation. This alternative would bring the packages into compliance with the regulations and eliminate the need for the above-mentioned test market procedure and its inherent restrictions. Dealers considering this alternative may wish to check with the Bureau for further guidance on proposed label changes.
Prepackaged products that are subject to the labelling requirements of the Feeds Act, Fertilizers Act, Pest Control Products Act or the Seeds Act are exempt from the detailed labelling requirements (sections 4, 5, 6, 8 and 10) of the Consumer Packaging and Labelling Act. To obtain information concerning the labelling requirements for products under the Feeds Act, Fertilizers Act or Seeds Act, contact the Agriculture and Agri-Food Canada office in your area or the head office in Ottawa at (613) 952-8000. To obtain information concerning the labelling requirements for products under the Pest Control Products Act, contact the Pest Management Regulatory Agency of Health Canada in Ottawa at 1-800-267-6315 within Canada and 1-613-736-3799 outside Canada (long distance charges apply).
Packages must be filled in such a manner that a consumer may not reasonably be misled with respect to the quantity of product it contains.
Packages must be manufactured, constructed, or displayed in such a manner that a consumer is not misled with respect to the quality or quantity of product it contains.
The Regulations prescribe standardized container sizes only for wine, peanut butter, glucose syrup and refined sugar syrup. Complete information concerning the labelling of prepackaged food products may be obtained from the Canadian Food Inspection Agency office in your area or from the head office in Ottawa at 1-800-442-2342. Cosmetic products are subject to the requirements of the Cosmetic Regulations under the Food and Drugs Act, as well as the Consumer Packaging and Labelling Act. For further information regarding the Cosmetics Regulations, contact the office of the Consumer Product Safety Bureau, Health Canada in your area or the following:
The Competition Bureau is responsible for the administration of the Consumer Packaging and Labelling Act and Regulations regarding all consumer pet food products. Foreign dealers exporting consumer pet food containing animal and/or plant products to Canada are reminded that an original official zoosanitary export certificate is required under the Animal Disease and Protection Act administered by the Canadian Food Inspection Agency (CFIA). For further information or assistance in regard to the export certificate, dealers should contact the CFIA office in their area or the following:
Dealers are also advised that all containers for certified and imported inedible meat shipments destined for further processing in Canada have to be labelled in accordance with the requirements of the Meat Inspection Act and Regulations. For further information in this regard, contact the Canadian Food Inspection Agency office in your area or the following:
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