B.01.001. In this Part,

“agricultural chemical” means any substance that

(a) is used or represented for use in or upon a food during production, storage or transport, or

(b) has been registered under the Pest Control Products Act

and the use of which results or may reasonably be expected to result in a residue of such substance or a derivative thereof in or upon foods, and includes any pesticide, plant growth regulator, fertilizer, adjuvant, carrier or ingredient used with such a substance, but does not include any

(c) food additives, other than those listed in the tables to Division 15,

(d) nutritive material that is used, recognized or commonly sold as an article or ingredient of food,

(e) vitamin, mineral nutrient or amino acid,

(f) spice, seasoning, flavouring preparation, essential oil, oleoresin or natural extractive,

(g) food packaging material or component thereof, or

(h) drug recommended for administration to animals that may be consumed as food; (produit chimique agricole)

“available display surface”, in respect of a prepackaged product, means

(a) the bottom of an ornamental container or the total surface area of both sides of a tag attached to the ornamental container, whichever is greater,

(b) the total surface area of both sides of a tag attached to 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, and

(c) the total surface area of any other package, excluding the bottom if the contents of the package leak out or are damaged when the package is turned over,

but does not include

(d) any area of a package on 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,

(e) any part of a package that is intended to be destroyed when it is opened, other than a package of a food that is intended to be consumed by one person at a single eating occasion, or

(f) the area occupied by the universal product code; (surface exposée disponible)

“close proximity” means, with reference to the common name, immediately adjacent to the common name without any intervening printed, written or graphic matter; (à proximité)

“common name” means, with reference to a food,

(a) the name of the food printed in boldface type in these Regulations,

(b) the name prescribed by any other regulation, or

(c) if the name of the food is not so printed or prescribed, the name by which the food is generally known; (nom usuel)

“component” means an individual unit of food that is combined as an individual unit of food with one or more other individual units of food to form an ingredient; (constituant)

“daily value” means

(a) in respect of a vitamin or mineral nutrient referred to in the definition “recommended daily intake”, the recommended daily intake for that vitamin or mineral nutrient, and

(b) in respect of a nutrient referred to in the definition “reference standard”, the reference standard for that nutrient; (valeur quotidienne)

“durable life” means the period, commencing on the day on which a prepackaged product is packaged for retail sale, during which the product, when it is stored under conditions appropriate to that product, will retain, without any appreciable deterioration, its normal wholesomeness, palatability, nutritional value and any other qualities claimed for it by the manufacturer; (durée de conservation)

“durable life date” means the date on which the durable life of a prepackaged product ends; (date limite de conservation)

“energy value” means, in respect of a food, the amount of energy made available to a person’s body when the chemical constituents of the food, including protein, fat, carbohydrate and alcohol, are metabolized following ingestion of the food by the person; (valeur énergétique)

“extended meat product” means a meat product to which a meat product extender has been added; (produit de viande avec allongeur)

“extended poultry product” means a poultry product to which a poultry product extender has been added; (produit de volaille avec allongeur)

“fish product” means fish or prepared fish; (produit de poisson)

“flavouring preparation” includes any food for which a standard is provided in Division 10; (préparation aromatisante)

“food additive” means any substance the use of which results, or may reasonably be expected to result, in it or its by-products becoming a part of or affecting the characteristics of a food, but does not include

(a) any nutritive material that is used, recognized or commonly sold as an article or ingredient of food;

(b) vitamins, mineral nutrients and amino acids, other than those listed in the tables to Division 16,

(c) spices, seasonings, flavouring preparations, essential oils, oleoresins and natural extractives;

(d) agricultural chemicals, other than those listed in the tables to Division 16,

(e) food packaging materials and components thereof; and

(f) drugs recommended for administration to animals that may be consumed as food; (additif alimentaire)

“food colour” means those colours permitted for use in or upon food by Division 6; (colorant alimentaire)

“gelling agent” means gelatin, agar and carrageenan; (agent gélatinisant)

“ingredient” means an individual unit of food that is combined as an individual unit of food with one or more other individual units of food to form an integral unit of food that is sold as a prepackaged product; (ingrédient)

“meal replacement” means a formulated food that, by itself, can replace one or more daily meals; (substitut de repas)

“meat product” means meat, meat by-product, prepared meat or prepared meat by-product; (produit de viande)

“meat product extender” means a food that is a source of protein and that is represented as being for the purpose of extending meat products; (allongeur de produit de viande)

“monounsaturated fatty acids”, “monounsaturated fat”, “monounsaturates” or “monounsaturated” means cis-monounsaturated fatty acids; (acides gras monoinsaturés, graisses monoinsaturées, gras monoinsaturés, lipides monoinsaturés ou monoinsaturés)

“nutritional supplement” means a food sold or represented as a supplement to a diet that may be inadequate in energy and essential nutrients; (supplément nutritif)

“nutrition facts table” means the nutrition facts table that is required by subsection B.01.401(1) to be carried on the label of a prepackaged product; (tableau de la valeur nutritive)

“omega-3 polyunsaturated fatty acids”, “omega-3 polyunsaturated fat”, “omega-3 polyunsaturates”, “omega-3 polyunsaturated” or “omega-3” means

(a) 9-cis, 12-cis, 15-cis octadecatrienoic acid or α-linolenic acid,

(b) 8-cis, 11-cis, 14-cis, 17-cis eicosatetraenoic acid,

(c) 5-cis, 8-cis, 11-cis, 14-cis, 17-cis eicosapentaenoic acid or EPA,

(d) 7-cis, 10-cis, 13-cis, 16-cis, 19-cis docosapentaenoic acid, or

(e) 4-cis, 7-cis, 10-cis, 13-cis, 16-cis, 19-cis docosahexaenoic acid or DHA; (acides gras polyinsaturés oméga-3, graisses polyinsaturées oméga-3, gras polyinsaturés oméga-3, lipides polyinsaturés oméga-3, polyinsaturés oméga-3 ou oméga-3)

“omega-6 polyunsaturated fatty acids”, “omega-6 polyunsaturated fat”, “omega-6 polyunsaturates”, “omega-6 polyunsaturated” or “omega-6” means

(a) 9-cis, 12-cis octadecadienoic acid or linoleic acid,

(b) 6-cis, 9-cis, 12-cis octadecatrienoic acid,

(c) 8-cis, 11-cis, 14-cis eicosatrienoic acid or di-homo-γ-linolenic acid,

(d) 5-cis, 8-cis, 11-cis, 14-cis eicosatetraenoic acid or arachidonic acid,

(e) 7-cis, 10-cis, 13-cis, 16-cis docosatetraenoic acid, or

(f) 4-cis, 7-cis, 10-cis, 13-cis, 16-cis docosapentaenoic acid; (acides gras polyinsaturés oméga-6, graisses polyinsaturées oméga-6, gras polyinsaturés oméga-6, lipides polyinsaturés oméga-6, polyinsaturés oméga-6 ou oméga-6)

“ornamental container” means a container that, except on the bottom, does not have any promotional or advertising material thereon, other than a trade mark or common name and that, because of any design appearing on its surface or because of its shape or texture, appears to be a decorative ornament and is sold as a decorative ornament in addition to being sold as the container of a product; (emballage décoratif)

“overage” means the amount of a vitamin or mineral nutrient that is, within the limits of good manufacturing practice, added to a food in excess of the amount declared on the label, in order to ensure that the amount of the vitamin or mineral nutrient declared on the label is maintained throughout the durable life of the food; (surtitrage)

“parts per million” means parts per million by weight unless otherwise stated; (parties par million)

“per cent” or “%” means per cent by weight, unless otherwise stated; (pour cent)

“polyunsaturated fatty acids”, “polyunsaturated fat”, “polyunsaturates” or “polyunsaturated” means cis-methylene interrupted polyunsaturated fatty acids; (acides gras polyinsaturés, graisses polyinsaturées, gras polyinsaturés, lipides polyinsaturés ou polyinsaturés)

“poultry product” means poultry meat, prepared poultry meat, poultry meat by-product or prepared poultry meat by-product; (produit de volaille)

“poultry product extender” means a food that is a source of protein and that is represented as being for the purpose of extending poultry products; (allongeur de produit de volaille)

“prepackaged meal” means a prepackaged selection of foods for one individual that requires no preparation other than heating and that contains at least one serving, as described in Canada’s Food Guide to Healthy Eating, published in 1992 by the Department of Supply and Services by authority of the Minister of National Health and Welfare, of

(a) meat, fish, poultry, legumes, nuts, seeds, eggs or milk or milk products other than butter, cream, sour cream, ice-cream, ice milk and sherbet; and

(b) vegetables, fruit or grain products; (repas préemballé)

“prepackaged product” means any food that is contained in a package in the manner in which it is ordinarily sold to or used or purchased by a person; (produit préemballé)

“principal display panel” means, despite the meaning assigned to that term in section A.01.010,

(a) in the case of a label applied to a prepackaged product that is subject to the Consumer Packaging and Labelling Act the principal display panel as defined in the Consumer Packaging and Labelling Regulations,

(b) in the case of a label applied to a prepackaged product that is not subject to the Consumer Packaging and Labelling Act, that part of the label applied to all or part of the side or surface of the container that is displayed or visible under normal or customary conditions of sale or use, and where the container does not have such a side or surface, that part of the label applied to any part of the container, except the bottom, if any, and

(c) in the case of a label applied to a food that is not a prepackaged product, that part of the label applied to all or part of the side or surface of the food that is displayed or visible under normal or customary conditions of sale or use; (espace principal)

“reasonable daily intake”, in respect of a food set out in Column I of an item of Schedule K, means the amount of that food set out in Column II of that item; (ration quotidienne raisonnable)

“recommended daily intake”, in respect of a vitamin or mineral nutrient set out in column I of Table I to Division 1 of Part D or in column I of Table I to Division 2 of Part D, means

(a) in the case of a prepackaged product intended solely for children under two years of age, the quantity set out in column III, and

(b) in any other case, the quantity set out in column II; (apport quotidien recommandé)

“reference amount”, in respect of a food set out in column 1 of Schedule M, means the amount of that food set out in column 2; (quantité de référence)

“reference standard”, in respect of a nutrient set out in column 1 of the table to section B.01.001.1, means the amount set out in column 2; (norme de référence)

“saturated fatty acids”, “saturated fat”, “saturates” or “saturated” means all fatty acids that contain no double bonds; (acides gras saturés, graisses saturées, gras saturés, lipides saturés ou saturés)

“simulated meat product” means any food that does not contain any meat product, poultry product or fish product but that has the appearance of a meat product; (simili-produit de viande)

“simulated poultry product” means any food that does not contain any poultry product, meat product or fish product but that has the appearance of a poultry product; (simili-produit de volaille)

“sugars” means all monosaccharides and disaccharides; (sucres)

“sweetener” means any food additive listed as a sweetener in Table IX to section B.16.100; (édulcorant)

“sweetening agent” includes any food for which a standard is provided in Division 18, but does not include those food additives listed in the tables to Division 16; (agent édulcorant)

“trans fatty acids”, “trans fat” or “trans” means unsaturated fatty acids that contain one or more isolated or non-conjugated double bonds in a trans-configuration; (acides gras trans, graisses trans, gras trans, lipides trans ou trans)

“unstandardized food” means any food for which a standard is not prescribed in this Part; (aliment non normalisé)

“weighted recommended nutrient intake”, in respect of a vitamin or mineral nutrient set out in column I of Table II to Division 1 of Part D or in column I of Table II to Division 2 of Part D, means the amount set out in column III; (apport nutritionnel recommandé pondéré)

“yolk-replaced egg” means a food that

(a) does not contain egg yolk but contains fluid, dried or frozen egg albumen or mixtures thereof,

(b) is intended as a substitute for whole egg, and

(c) meets the requirements of section B.22.032. (oeuf à jaune substitué)

SOR/78-403, s. 1(F); SOR/79-23, s. 1; SOR/81-83, s. 1; SOR/81-617, s. 1; SOR/88-336, s. 1; SOR/88-559, s. 1; SOR/89-175, s. 1; SOR/91-124, s. 1; SOR/91-527, s. 1; SOR/93-276, s. 1; SOR/95-474, s. 1; SOR/98-580, s. 1(F); SOR/2000-353, s. 3; SOR/2003-11, s. 1; err., Vol. 137, No. 5; SOR/2005-98, s. 1.

B.01.001.1 (1) In this section, “fat” means all fatty acids expressed as triglycerides.

(2) The reference standard for a nutrient set out in column 1 of the table to this section is the amount set out in column 2.

TABLE

REFERENCE STANDARDS

 SOR/2003-11, s. 2.

B.01.002. Each provision in this Part in which the symbol [S] appears between the provision number and the name of the food described in that provision prescribes the standard of composition, strength, potency, purity, quality or other property of that food and a provision in which the symbol does not appear does not prescribe a standard for a food.

SOR/79-752, s. 1.

B.01.002A. (1) For the purposes of this Part, a serving of stated size of a food shall be

(a) based on the food as offered for sale; and

(b) expressed

(i) in grams, if

(A) the net quantity of the food is declared on the label by weight or by count, or

(B) the food is set out in column 1 of item 78, 149 or 150 of Schedule M, and

(ii) in millilitres, if the net quantity of the food is declared on the label by volume, except in the case of a food referred to in clause (i)(B).

(2) A serving of stated size shall be the net quantity of the food in the package if

(a) the quantity of food can reasonably be consumed by one person at a single eating occasion;

(b) the reference amount of the food is less than 100 g or 100 mL and the package contains less than 200% of that reference amount; or

(c) the reference amount of the food is 100 g or 100 mL or more and the package contains 150% or less of that reference amount.

SOR/88-559, s. 2; SOR/2003-11, s. 3.

B.01.003. (1) The following foods shall carry a label when offered for sale:

(a) all prepackaged products other than

(i) prepackaged confections, commonly known as one bite confections, that are sold individually, and

(ii) prepackaged products consisting of fresh fruits or fresh vegetables that are packaged in a wrapper or confining band of less than 1/2 inch in width;

(b) meat and meat by-products that are barbecued, roasted or broiled on the retail premises;

(c) poultry, poultry meat or poultry meat by-products that are barbecued, roasted or broiled on the retail premises;

(d) horse-meat or horse-meat by-product;

(e) any substance or mixture of substances for use as a food additive or food additive preparation; and

(f) flour and whole wheat flour that has been treated with gamma radiation from Cobalt 60 Source.

(2) [Repealed, SOR/79-23, s. 2]

SOR/79-23, s. 2.

B.01.004. (1) All or part of the label referred to in section B.01.003 shall be applied

(a) in the case of a prepackaged product, to the container in which the prepackaged product is sold; and

(b) in the case of a food that is not a prepackaged product, to the food itself.

(2) The label shall be applied in such a manner that the container of the prepackaged product or the food, as the case may be, will bear the label at the time it is sold.

SOR/84-300, s. 3.

B.01.005. (1) Subject to subsections (2) to (5), the information required to be shown on a label shall not be shown on that part of the label, if any, that is applied to the bottom of a food or container.

(2) The information required to be shown on a label may be shown on that part of the label, if any, that is applied to the bottom of a food or to the bottom of a container if such information is also shown in those parts of the label that are not applied to the bottom of the food or container.

(3) Notwithstanding subsection (2), where the container of a prepackaged product is an ornamental container and the label is applied to the bottom of the container, the information required to be shown may be shown on the label that is applied to the bottom of the container.

(4) Notwithstanding subsection (2), the information required by subparagraph B.01.007(1.1)(b)(i) or paragraph B.24.103(g) or B.25.057(1)(f) or (2)(f) may be shown on that part of the label that is applied to the bottom of the package if a clear indication of the location of the required information appears elsewhere on the label.

(5) Notwithstanding subsection (2), the nutrition facts table may be shown on that part of the label that is applied to the bottom of the food or container if the available display surface includes the bottom.

SOR/79-529, s. 1; SOR/92-626, s. 4; SOR/2003-11, s. 4.

B.01.006. (1) The common name of the food shall be shown on the principal display panel.

(2) Notwithstanding subsection (1), the common name of a fresh fruit or fresh vegetable that is prepackaged in such a manner that the fruit or vegetable is visible and identifiable in the package is not required to be shown on the label.

SOR/79-23, s. 3; SOR/92-626, s. 5.

B.01.007. (1) In this section, “packaging date” means

(a) the date on which a food is placed for the first time in a package in which it will be offered for sale to a consumer; or

(b) the date on which a prepackaged product is weighed by a retailer in a package in which it will be offered for sale for the first time to a consumer.

(1.1) The following information shall be shown on any part of the label:

(a) the identity and principal place of business of the person by or for whom the food was manufactured or produced;

(b) where a prepackaged product having a durable life of 90 days or less is packaged at a place other than the retail premises from which it is to be sold,

(i) the durable life date, and

(ii) instructions for the proper storage of the prepackaged product if it requires storage conditions that differ from normal room temperature; and

(c) where a prepackaged product having a durable life of 90 days or less is packaged on the retail premises from which it is to be sold,

(i) the packaging date, and

(ii) the durable life of the food, except when the durable life appears on a poster next to the food.

(1.2) The packaging date referred to in paragraph (1.1)(c) shall be shown in the form and manner prescribed for the durable life date by subsections (4) and (5) and the terms “best before” and “meilleur avant” on the label shall be replaced by the terms “packaged on” and “empaqueté le” .

(2) Paragraph (1.1)(a) does not apply to fresh fruits or fresh vegetables that are prepackaged on retail premises in such a manner that the fruits or vegetables are visible and identifiable in the package.

(3) Paragraphs (1.1)(b) and (c) do not apply to

(a) prepackaged products consisting of fresh fruits or fresh vegetables;

(b) prepackaged individual portions of food that are served by a restaurant or other commercial enterprise with meals or snacks;

(c) prepackaged individual servings of food that are prepared by a commissary and sold by automatic vending machines or mobile canteens; or

(d) prepackaged donuts.

(4) The durable life date shall be shown in the following manner:

(a) the words “best before” and “meilleur avant” shall be shown grouped together with the durable life date unless a clear explanation of the significance of the durable life date appears elsewhere on the label;

(b) where, for the sake of clarity, it is necessary to show the year in which the durable life date occurs, the year shall be shown first and shall be expressed by at least the last two numbers of the year;

(c) the month shall be shown in words after the year, if the year is shown, and may be abbreviated as prescribed by subsection (5); and

(d) the day of the month shall be shown after the month and shall be expressed in numbers.

(5) The month of the durable life date, when abbreviated, shall be abbreviated as follows and only one such abbreviation shall be used for the English language and the French language:

(6) Except as otherwise provided in these Regulations, no person shall use a durable life date marking system on the label of a prepackaged product or in advertising a prepackaged product other than the marking system set out in this section.

(7) Paragraph (1.1)(b) does not apply to prepackaged fresh yeast, if

(a) the date on which it is estimated that the product has lost its effectiveness is shown on the label in the form and manner prescribed for the durable life date by subsections (4) and (5); and

(b) the terms “best before” and “meilleur avant” are replaced by the terms “use by” and “employez avant” .

SOR/79-23, s. 4; SOR/79-529, s. 2; SOR/88-291, s. 1; SOR/92-626, s. 6.

B.01.008. (1) The following information shall be shown grouped together on any part of the label:

(a) any information required by these Regulations, other than the information required to appear on the principal display panel or the nutrition facts table and the information required by sections B.01.007, B.01.301, B.01.305, B.01.311, B.01.503, B.01.513 and B.01.601; and

(b) where a prepackaged product consists of more than one ingredient, a list of all ingredients, including, subject to section B.01.009, components, if any.

(2) Paragraph (1)(b) does not apply to

(a) prepackaged products packaged from bulk on retail premises, except prepackaged products that are a mixture of nuts;

(b) prepackaged individual portions of food that are served by a restaurant or other commercial enterprise with meals or snacks;

(c) prepackaged individual servings of food that are prepared by a commissary and sold by automatic vending machines or mobile canteens;

(d) prepackaged meat and meat by-products that are barbecued, roasted or broiled on the retail premises;

(e) prepackaged poultry, poultry meat or poultry meat by-products that are barbecued, roasted or broiled on the retail premises;

(f) Bourbon whisky and prepackaged products subject to compositional standards in Division 2; or

(g) prepackaged products subject to compositional standards in Division 19.

(3) Ingredients shall be shown in descending order of their proportion of the prepackaged product or as a percentage of the prepackaged product and the order or percentage shall be the order or percentage of the ingredients before they are combined to form the prepackaged product.

(4) Notwithstanding subsection (3), the following ingredients may be shown at the end of the list of ingredients in any order:

(a) spices, seasonings and herbs, except salt;

(b) natural and artificial flavours;

(c) flavour enhancers;

(d) food additives, except ingredients of food additive preparations or mixtures of substances for use as a food additive;

(e) vitamins;

(f) salts or derivatives of vitamins;

(g) mineral nutrients; and

(h) salts of mineral nutrients.

(5) Components shall be shown

(a) immediately after the ingredient of which they are components in such a manner as to indicate that they are components of that ingredient; and

(b) in descending order of their proportion of the ingredient.

(6) Notwithstanding paragraph (1)(b) and subsection (5), but subject to section B.01.009, where one or more components of an ingredient are required by these Regulations to be shown in the list of ingredients on the label of a prepackaged product, the ingredient that contains the components is not required to be shown in the list if all components of that ingredient are listed by their common names with the other ingredients of the product

(a) in descending order of their proportion of the product, or

(b) as a percentage of the product,

the order or percentage, as the case may be, being based

(c) in the case of components, on the total amount of each of the components before they are combined to form ingredients in the product; and

(d) in the case of ingredients, on the amount of each of the ingredients before they are combined to form the product.

(7) Notwithstanding paragraph (1)(b), wax coating compounds and their components are not required to be shown on the label of a prepackaged fresh fruit or fresh vegetable as an ingredient or component thereof.

(8) Notwithstanding paragraph (1)(b), sausage casings are not required to be shown on the label of prepackaged sausages as an ingredient or component thereof.

(9) Notwithstanding paragraph (1)(b), hydrogen, when used for hydrogenation purposes, is not required to be shown on the label of any prepackaged product as an ingredient or component thereof.

(10) Notwithstanding paragraph (1)(b), components of ingredients of a sandwich made with bread are not required to be shown in the list of ingredients on the label of the sandwich.

SOR/79-23, s. 5; SOR/88-559, s. 3; SOR/92-626, s. 7; SOR/93-145, s. 1; SOR/2003-11, s. 5.

B.01.009. (1) Components of ingredients or of classes of ingredients set out in the following table are not required to be shown on a label:

TABLE

(2) Subject to subsection (3), where a preparation or mixture set out in the table to this subsection is added to a food, the ingredients and components of the preparation or mixture are not required to be shown on the label of that food.

TABLE

(3) Where a preparation or mixture set out in the table to subsection (2) is added to a food, and the preparation or mixture contains one or more of the following ingredients or components, those ingredients or components shall be shown by their common names in the list of the ingredients of the food to which they are added as if they were ingredients of that food:

(a) salt;

(b) glutamic acid or its salts;

(c) hydrolysed plant protein;

(d) aspartame;

(e) potassium chloride; and

(f) any ingredient or component that performs a function in, or has any effect on, that food.

(4) Notwithstanding subsections (1) and (2), where any of the following components is contained in an ingredient set out in the tables to those subsections, that component shall be shown in the list of ingredients:

(a) peanut oil;

(b) hydrogenated or partially hydrogenated peanut oil; and

(c) modified peanut oil.

(5) Notwithstanding subsection B.01.008(10) and item 23 of the table to subsection (1), if lysozyme from egg white is added to a food described in section B.08.033 or B.08.034, the label of the food shall show “lysozyme from egg white” in the list of ingredients in the same manner that is required in subsection B.01.008(4) or (5), as applicable.

SOR/78-728, s. 1; SOR/79-23, s. 6; SOR/79-662, s. 1; SOR/88-559, s. 4; SOR/92-626, s. 8; SOR/93-145, s. 2; SOR/93-465, s. 1; SOR/95-548, s. 5(F); SOR/97-263, s. 1; SOR/2000-417, s. 1.