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Food > Labelling > Guide to Food Labelling and Advertising > Chapter 1 Chapter 1 - IntroductionPrinter-friendly PDF version: Chapter 1 1.1 Reason for the 2003 GuideThe 2003 Guide provides information on food labelling and advertising requirements as well as policies which apply to statements and claims made for foods, including alcoholic beverages. As such, it is a tool to assist industry in compliance with legislation and consumer protection. Food claims which adhere to the guidelines set out in this document are considered to comply with the provisions set out in the Food and Drugs Act (FDA) and the Food and Drug Regulations (FDR), the Consumer Packaging and Labelling Act (CPLA) and Regulations (CPLR) and other relevant legislation. Where it has been established that inequity or economic fraud has arisen when a segment of the food industry fails to adhere with these guidelines, the Canadian Food Inspection Agency will take steps designed to bring about national compliance. Note: The framework set out in this Guide for the labelling and advertising of food specifically applies to foods imported into, manufactured in and/or sold in Canada. The policies do not apply to foods destined solely for export unless otherwise indicated. 1.2 Legislative Framework: Key Acts and RegulationsIn this Guide, references to the Food and Drug Regulations appear between square brackets, for example, [B.01.001]. When references to other legislation are made, the abbreviated name of the Act or Regulations will follow the reference, for example, [2, CPLR]. For the abbreviations used to represent various pieces of legislation, refer to the Glossary. 1.2.1 The Food and Drugs Act and the Food and Drug RegulationsSubection 5(1) of the Food and Drugs Act (FDA) prohibits the labelling, packaging, treating, processing, selling or advertising of any food (at all levels of trade) in a manner that is false, misleading or deceptive to consumers or is likely to create an erroneous message regarding the character, value, quantity, composition, merit or safety of the product. Subsections 3(1) and (2) prohibit health claims that might suggest that a food is a treatment, preventative or cure for specified diseases or health conditions, unless provided for in the regulations. A food that does not meet the requirements of the Regulations is in violation of the Act:
The Food and Drug Regulations (FDR), as they apply to food, prescribe, among other things, the labelling of all prepackaged foods, including requirements for ingredient labelling, nutrition labelling, durable life dates, nutrient content claims, diet-related health claims and foods for special dietary use. It also sets out bilingual labelling requirements. 1.2.2 The Consumer Packaging and Labelling ActThe Consumer Packaging and Labelling Act (CPLA) provides for a uniform method of labelling and packaging of prepackaged consumer goods (products sold at retail). It contains provisions regarding prevention of fraud and provides for mandatory label information with which consumers can make informed choices. It also requires the use of metric units of measurement and bilingual labelling.
1.2.3 Definitions: The Food and Drugs Act and the Consumer Packaging and Labelling ActThe following excerpts from the Food and Drugs Act (FDA) and Consumer Packaging and Labelling Act (CPLA) are important in regard to food advertising and labelling. It should be noted that the definition of a term can vary from one piece of legislation to another. Therefore, care is needed to ensure the applicable definition is used. "Advertise means to make any representation to the public by any means whatever, other than a label, for the purpose of promoting directly or indirectly the sale of a product" (2, CPLA). "Advertisement includes any representation by any means whatever for the purpose of promoting directly or indirectly the sale or disposal of any food. . ." [2, FDA]. "Distributor" – see "manufacturer" "Label includes any legend, word or mark attached to, included in, belonging to or accompanying any food . . ." [2, FDA]. "Label means any label, mark, sign, device, imprint, stamp, brand, ticket or tag" [2, CPLA]. "Manufacturer or distributor means a person, including an association or partnership, who under their own name, or under a trade-, design or word mark, trade name or other name, word or mark controlled by them, sells a food . . . " [A.01.010]. "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" [2, CPLA]. "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" [B.01.001] "Sell includes offer for sale, expose for sale, have in possession for sale and distribute, whether or not the distribution is made for consideration" [2, FDA]. "Sell includes:
1.2.4 Relevant Legislation Administered by the CFIAOther legislation may impose requirements on the advertising and labelling of food in addition to those imposed by the Food and Drugs Act (FDA) and Food and Drug Regulations (FDR) and the Consumer Packaging and Labelling Act (CPLA) and Regulations(CPLR). There are many federal and provincial acts and regulations that pertain to agricultural practices and to the production, manufacture, composition, packaging, labelling, grading, marketing, storage, advertising, importation and exportation of food products. See 1.6 of this Guide. At the federal level, these include:
The above legislation applies to federally registered or licensed plants. The Canadian Agricultural Products Act (CAPA) is a trade and commerce act with regulations pertaining to dairy products, eggs, processed eggs, fresh fruit and vegetables, honey, livestock and poultry carcass grading, maple products, and processed products (processed fruit and vegetables). The Fish Inspection Act and the Meat Inspection Act apply to fish and fish products and meat and meat products respectively, which are marketed through import, export and interprovincial trade. More information may be obtained through our website. 1.3 Other Relevant Federal LegislationOther federal legislation may also have to be considered, such as:
The Competition Act and the Trade-marks Act are both administered by Industry Canada. A Guide to Trade-marks is available through the Canadian Intellectual Property Office’s website(CIPO). The Radio and Television Broadcasting Regulations under the Broadcasting Act are administered by the Canadian Radio-television and Telecommunications Commission (CRTC). (For more information, see Chapter 3 of this Guide.) Other legislation, such as the Weights and Measures Act and Regulations, can be relevant in some instances. (For a reference to the Weights and Measures Act and Regulations, see 2.6 and 2.15 of this Guide, Net Quantity, and Labels of Shipping Containers.) 1.3.1 The Broadcasting ActBroadcast advertising of alcoholic beverages is subject to the Radio and Television Broadcasting Regulations under the Broadcasting Act which require compliance with the Code for Broadcast Advertising of Alcoholic Beverages, revised February 1, 1997. Commercial messages must not be designed to promote the general consumption of alcoholic beverages. (See 1.5.2 of this Guide.) 1.4 Purpose of Food LabellingThe food label is one of the most important and direct means of communicating product information between buyers and sellers. It is one of the primary means by which consumers differentiate between individual foods and brands to make informed purchasing choices. A label serves three primary functions.
1.4.1 Canadian Federal Food Labelling ResponsibilityFederal responsibility for development of Canadian food labelling requirements is shared among two federal departments, Health Canada and the Canadian Food Inspection Agency (CFIA). Health Canada Health Canada is responsible, under the Food and Drugs Act (FDA), for the establishment of policies and standards relating to the health, safety, and nutritional quality of food sold in Canada. Canadian Food Inspection Agency The Canadian Food Inspection Agency (CFIA) is responsible for the administration of food labelling policies related to misrepresentation and fraud in respect to food labelling, packaging and advertising (FDA), and the general agri-food and fish labelling provisions respecting grade, quality and composition specified in the Canada Agricultural Products Act (CAPA), the Meat Inspection Act (MIA) and the Fish Inspection Act (FIA). In addition, the CFIA has responsibility for the administration of the food-related provisions of the Consumer Packaging and Labelling Act (CPLA), including basic food label information, net quantity, metrication and bilingual labelling. The CFIA is responsible for the enforcement of all of the above requirements. 1.4.2 CFIA’s Food Labelling Information ServiceThe CFIA Food Labelling Information Service consolidates and coordinates voluntary federal food label reviews. This service is particularly directed to facilitating market entry for new businesses. (For contact information, see 1.6 of this Guide, Canadian Food Inspection Agency Food Labelling Information Service). 1.4.3 CFIA’s Label Registration UnitCertain food labels must be registered by the CFIA Process, Formulation and Label Registration Unit.
Submission of registration requests: Label registration requests are to be submitted using form CFIA 1478 accompanied by the appropriate number of labels and recipes. This form is available on the CFIA website. Consult the CFIA Fees Notice to determine whether a fee is applicable for your product. Mail completed registration forms to: Clerk 1.5 Food Advertising ResponsibilitiesAll advertising for food, including alcoholic beverages, is subject to the Food and Drugs Act and the Food and Drug Regulations and the Consumer Packaging and Labelling Act and Regulations. (See Chapter 3 of this Guide.) 1.5.1 Radio and Television Advertising for FoodThe Code of Ethics of the Canadian Association of Broadcasters states no commercial message containing a claim or endorsement of a food or non-alcoholic beverage to which the Food and Drugs Act and Regulations apply may be broadcast unless the script for the commercial message or endorsement has been approved by the Food and Beverage Clearance Section of Advertising Standards Canada (ASC) and carries a current script clearance number. (Please refer to 3.14 of this Guide.) Advertisements are reviewed using criteria in the Food and Drugs Act and Regulations and other related explanatory documents. Information on the procedure for submitting scripts to ASC is found in 3.14 of this Guide. 1.5.2 Radio and Television Advertising for Alcoholic BeveragesRadio and television advertising for alcoholic beverages is regulated under the Radio and Television Broadcasting Regulations under the Broadcasting Act. Broadcasters must adhere to the Code for Broadcast Advertising of Alcoholic Beverages to maintain a Canadian Radio-Television and Telecommunication Commission (CRTC) licence. In response to a request from the alcoholic beverage advertisers and the broadcasters, Advertising Standards Canada (ASC) has established the Alcoholic Beverage Advertising Clearance Section to review and assign a clearance approval number to advertising copy. (See 3.14 of this Guide.) 1.5.3 Print Advertising for Food and Alcoholic BeveragesThere is currently no mandatory federal requirement for the review of print advertising for food and alcoholic beverages. Print ads, however, may be voluntarily submitted for review to any one of the offices of the Canadian Food Inspection Agency’s Food Labelling Information Service. (See 1.6 of this Guide.) 1.5.4 Provincial Jurisdiction for Alcoholic Beverage AdvertisingSome provincial liquor boards have criteria for print advertising. It would therefore be advisable to verify this issue with the provincial liquor board of the province(s) where the promotion of alcoholic beverages will take place, to ascertain whether the print advertising must meet provincial requirements. See Chapter 10 of this Guide, "Guide to the Labelling of Alcoholic Beverages," for the Addresses of Provincial and Territorial Liquor Boards. 1.5.5 Internet Advertising and the World Wide WebCanada considers information available through the Internet as advertising and as such, it is subject to the same criteria as other advertising. 1.6 Sources of Additional Information on Labelling and ClaimsThe following acts and regulations are available on the Department of Justice Website at: http://canada.justice.gc.ca
Office consolidations are available from Canadian Government Publishing at the address indicated below. Canadian Government Publishing Canadian Food Inspection Agency Food Labelling Information Service Additional information on labelling and claims is available from offices of the Canadian Food Inspection Agency. British Columbia
Alberta
Saskatchewan
Manitoba
Ontario
Quebec
Nova Scotia
New Brunswick
Prince Edward Island
Newfoundland
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