Acts and Regulations > Regulatory Initiatives  

Processed Products Re-write

Please note: This is an updated version of the Processed Products Re-write. (March 2003)

• TITLE AND INTERPRETATION (March 2003)
• PART I -HEALTH, SAFETY AND CONSUMER PROTECTION (March 2003)
• PART II-MARKETING AND TRADE (March 2003)
• PART III - REGISTERED ESTABLISHMENTS (March 2003)
• PART IV - PACKAGING AND LABELLING (March 2003)
• PART V- GRADE AND STANDARDS (March 2003)
• PART VI - INSPECTION (March 2003)
• PART VII - ENFORCEMENT (March 2003)

SCHEDULE I - STANDARDS FOR PROCESSED FOOD PRODUCTS FOR WHICH GRADES ARE ESTABLISHED (March 2001)

• PART I - CANNED FRUIT PRODUCTS
• PART II - CANNED VEGETABLE PRODUCTS
• PART III - FROZEN FRUIT PRODUCTS
• PART IV - FROZEN VEGETABLE PRODUCTS

SCHEDULE II - STANDARDS FOR PROCESSED FOOD PRODUCTS OTHER THAN THOSE FOR WHICH STANDARDS ARE ESTABLISHED IN SCHEDULE I (March 2001)

• PART I - CANNED OR OTHERWISE PRESERVED FRUIT PRODUCTS OTHER THAN FROZEN FRUIT  PRODUCTS
• PART II - CANNED OR OTHERWISE PRESERVED VEGETABLE PRODUCTS OTHER THAN FROZEN VEGETABLE PRODUCTS
• PART III - FROZEN FRUIT PRODUCTS
• PART IV - FROZEN VEGETABLE PRODUCTS

SCHEDULE III - IDENTIFICATION NAMES OF PACKING MEDIA CONTAINING A SWEETENING INGREDIENT (March 2001)

SCHEDULE IV  - CRIMINAL CODE OFFENCES (March 2001)

SHORT TITLE

1. These Regulations may be cited as the Processed Fruit and Vegetable Regulations.

Interpretation

2. The definitions in this section apply in these Regulations.

"acidified low-acid food" means a low-acid food that has been treated in a manner so that all components have attained an equilibrium pH of 4.6 or lower after processing. (produit alimentaire peu acide à pH réduit)

"Act" means the Canada Agricultural Products Act. (Loi)

"acid ingredient"  means citric acid, malic acid and tartaric acid as pH adjusting agents, lemon juice, lime juice or vinegar. (ingrédient acide)

"adulterated" means adulterated within the meaning of sections B.01.046 and B.01.047 or Division 15 of Part B of the Food and Drug Regulations. (falsifié)

"Agency" means the Canadian Food Inspection Agency established by section 3 of the Canadian Food Inspection Agency Act. (Agence)

"anti-foaming agent" means any anti-foaming agent described in Table VIII of Division 16 of the Food and Drug Regulations and used in accordance to the provisions of the listing for that food additive. (agent antimousse)

"aseptically packed" means that a commercially sterile cooled food product is filled into a sterile container and is hermetically sealed with a sterilized closure, under conditions which prevent re-contamination during the filling and sealing operation. (emballé aseptiquement)

"brine pack" means a pack in which a water and salt solution is used as the packing medium with or without the addition of sugar. (conservé dans la saumure)

"bulk container" means a container in which a food product that is to be repackaged or is to be used for further processing is directly placed for storage, shipment or sale. (contenant en vrac)

"canned" means packed in a hermetically sealed container with the application of an appropriate commercial sterilization or pasteurization process before or after packing and sealing of the container, and includes aseptically packed, but does not apply to food products that must be refrigerated for preservation. (en conserve)

"cold-packed" or "packed cold" means a food product is at or below ambient temperature when placed in its container before sealing. (emballé à froid)

"carbonation agent" means carbon dioxide under pressure listed in Table VIII of Division 16 of the Food and Drug Regulations and used in accordance to the provisions of the listing for that additive. (agent pour rendre mousseux)

"commercial sterility" means the condition obtained in a food product that has been processed by the application of heat, alone or in combination with other treatments, or by any other equivalent commercial sterilization process accepted under the novel foods requirements of Division 28 of the Food and Drug Regulations, to render the food product free from viable forms of microorganisms, including spores, capable of growing in the food product at the normal non-refrigerated conditions at which the food product is likely to be held during distribution and storage. (stérilité commerciale)

"common product name" means,

(a) in the case of a food product for which a standard is established in Schedule I or II of these Regulations, the common name prescribed in those schedules,
(b) in the case of a food product for which a common name is not prescribed by these Regulations,

(i) the common name of the food product, if any, prescribed by the Food and Drug Regulations, and
(ii) in any other case, the name by which the food product is generally known. (nom usuel)

"container" means the receptacle in which a food product is directly placed and offered for sale without being repackaged. (contenant)

"contaminated", in respect of a food product, means containing a chemical, drug, food additive, heavy metal, industrial pollutant, ingredient, medicament, microbe, pesticide, poison, toxin or any other substance not permitted by, or in an amount in excess of limits prescribed under, the Canadian Environmental Protection Act, 1999 the Food and Drugs Act or the Pest Control Products Act. (contaminé)

"country of origin" means the last country in which a food product undergoes processing that changes the nature of the food product before it is offered for sale. (pays d'origine)

"critical factors" means those physical and chemical factors that affect the ability of a process to achieve commercial sterility of a low-acid and acidified low-acid food product packed in hermetically sealed containers and in the case of other food products, those physical and chemical factors that affect the ability of a process to achieve a safe food product. (facteurs critiques)

"diameter", with respect to a metal container, means the outside diameter measured at either end including the double seam. (diamètre)

"Director" means a Director of the Agency. (directeur)

"edible" means a food product

(a) does not contain any filthy, putrid, disgusting, rotten or decomposed substance,
(b) is not adulterated or contaminated, and
(c) is not prepared under such conditions or circumstances as might contaminate or render injurious to health a food product. (comestible)

"emulsifying and stabilising agent" means any emulsifying and stabilising agent described in Table IV of Division 16 of the Food and Drug Regulations and used in accordance to the provisions of the listing for that food additive. (émulsif et agent stabilisant).

"establishment" means any place in which food products are prepared other than for immediate consumption. (établissement)

"essential oils and extracts of spices, herbs and seasonings" means the characterising flavour substances removed from spices, herbs and seasonings by distillation, entrainment, infusion, maceration, percolation, solvent extraction, steeping, physical pressure or other means. (huiles essentielles et extraits d'épices, d'herbes et d'assaisonnements)

"firming agent" means any firming agents described in Table VI of Division 16 of the Food and Drug Regulations and used in accordance to the provisions of the listing for that food additive. (agent raffermissant)

"first dealer" means any person who acquires for sale under their own label a food product packed by another person. (premier commerçant)

"flavour and colour stabilizer" means any flavour and colour stabilizer described in Table VIII of Division 16 of the Food and Drug Regulations and used in accordance to the provisions of the listing for that food additive. (agent stabilisateur de saveur et de couleur)

"flexible container" means the shape or contours of the filled, sealed container are affected by the enclosed product. (contenant flexible)

"food" has the same meaning as in section 2 of the Food and Drugs Act. (aliment)

"food additive" has the same meaning as in section B.01.001 of Part B of the Food and Drug Regulations. (additif alimentaire)

"food colour" means any colouring agent described in Table III of Division 16 of the Food and Drug Regulations and used in accordance to the provisions of the listing for that food additive. (colorant pour aliment)

"food product" means any food or class of foods prepared wholly or in part from one or more fruits or vegetables that have been processed and excludes fruit or vegetable products mixed with meat, fish, eggs and normally sold as a meal. (produit alimentaire)

"formulation", in respect of a food product, means

(a) its ingredients and components, including food additives, and
(b) the proportions of its ingredients and components. (formulation)

"further processing" means further treating or subjecting a food product to a process that results in its preservation, either alone or in the process of being used as an ingredient in food manufacturing, but does not include the cooking or preparation of food for use as a meal or as part of a meal for immediate consumption. (transformation ultérieure)

"good manufacturing practice" means employing procedures which ensure a food product is edible. (bonnes pratiques de fabrication)

"grade" means a grade prescribed by these Regulations for a food product or class of food products, and includes the grade name and standards associated with that name. (catégorie)

"harmless extraneous plant material" includes calyx bracts, leaves and pieces of grass, leaves, stems, vines, pods and other plant parts that are not hazardous to human health. (matière végétale étrangère inoffensive)

"head space" means the space between the top edge or rim of a container and the upper level of the contents. (espace libre)

"heavy pack" means a pack in which the minimum amount of water required for proper processing is used as the packing medium. (conserve épaisse)

"hermetically sealed" means designed and intended to be secure against the entry of micro-organisms including spores. (hermétiquement scellé)

"Howard Method" means the Howard Mold Counting Method, published in Official Methods of Analysis of the Association of Official Analytical Chemists (14th ed.), 1990, as amended from time to time. (méthode Howard)

"import" means ship or convey by any means into Canada from another country. (importer)

"importer" means any person in Canada who proposes to import or who imports a food product, or on whose behalf a shipment of food products is ordered or otherwise caused to be imported. (importateur)

"ingredient" means an individual unit of food that is combined with one or more other individual units of food to form an integral unit of another food. (ingrédient)

"inspection lot" means that quantity of food product that is considered separately from other food products as a subject for inspection. (lot d'inspection)

"in writing" includes electronic mail and facsimile transmission. (par écrit)

"lemon juice" includes lemon juice, lemon juice from concentrate or reconstituted lemon juice, and concentrated lemon juice or lemon juice concentrate, singly or in combination. (jus de citron)

"lime juice" includes lime juice, lime juice from concentrate or reconstituted lime juice, and concentrated lime juice or lime juice concentrate, singly or in combination. (jus de lime ou jus de limette)

"liquid" means a substance that readily flows without the application of force, readily assumes the shape of its container, and readily levels itself to form a flat and smooth surface. (liquide)

"low-acid food" means a food product any component of which has a pH value greater than 4.6 and a water activity (Aw) greater than 0.85 after processing but excludes tomato and tomato products having a pH value equal to or less than 4.7 after processing. (produit alimentaire peu acide)

"non nutritive or artificial sweetener", means any sweetener described in Table IX of Division 16 of the Food and Drug Regulations and used in accordance to the provisions of the listing for that food additive. (édulcorant non calorique ou artificiel)

"NTSS", with respect to the standards for tomato products, means natural tomato soluble solids. (SSNT)

"off-flavour" means any objectionable taste, including any foreign taste and any flavour that is not characteristic of a particular food product. (saveur atypique)

"off-odour" means any objectionable odour, including any foreign smell or aroma that is not characteristic of a particular food product. (odeur atypique)

"operator" means the person who is responsible for the operation of an establishment and is the person to whom a certificate of registration may be issued. (exploitant)

"packed in bulk" means a food product is placed directly into a container for the purpose of storage, shipment, sale, repacking or further processing and is not ordinarily sold to or used or purchased by a consumer without being repackaged. (emballé en vrac)

"pasteurized", in relation to juice and beverages containing juices, means that the juice used as an ingredient was subjected under controlled conditions to a minimal heat treatment, alone or in combination with other processes, sufficient to achieve a 5-log reduction for the pathogenic organisms of concern. (pasteurisé)

"pH adjusting agent" means any pH adjusting agents described in Table X of Division 16 of the Food and Drug Regulations and used in accordance to the provisions of the listing for that food additive. (agent rectificateur du pH)

"prepackaged" means a food product is packaged in a container in such a manner that it is ordinarily sold to or used or purchased by a consumer without being repackaged. (produit préemballé)

"preservative" means any preservative listed as an item in Table XI of Division 16 of the Food and Drug Regulations and used in accordance to the provisions of the listing for that food additive. (agent de conservation)

"principal display panel" has the same meaning as in subsection 2(2) of the Consumer Packaging and Labelling Regulations. (espace principal)

"principal display surface" has the same meaning as in subsection 2(1) of the Consumer Packaging and Labelling Regulations.  (principale surface exposée)

"processed" includes aseptically packed, canned, cold-packed, concentrated, cooked, frozen, glacéd (candied), pasteurised, pickled, vacuum-packed or otherwise prepared to stabilize or prevent spoilage of a food product during storage, transportation and distribution,  or to any other process accepted under the novel foods requirements of division 28 of the Food and Drug Regulations, but does not include alcoholic fermentation and the cooking or preparation of food for use as a meal or as part of a meal prepared by restaurants, hospitals, food centres, caterers, central kitchens or similar establishments where food is prepared for immediate consumption. (transformé)

"properly packed" means packed in accordance with the standards of packaging established in sections 39 to 42. (convenablement emballé)

"properly prepared" means,

(a) the fruits, vegetables and other ingredients used in a food product have had the inedible or otherwise undesirable portions, harmless extraneous material and foreign matter substantially removed by appropriate means in accordance with good manufacturing practice, to meet the requirements, if any, of the standards established in Schedule I or II, resulting in ingredients that are clean and sound, and

(b) a food product was prepared from fruits or vegetables that at the time of preparation were of a suitable ripeness or maturity for the type of food product. (bien préparé)

"registered establishment" means an establishment that is registered under these Regulations. (établissement agréé)

"registration number" means the number assigned to a registered establishment. (numéro d'agrément)

"scheduled process" means the process alone, or in combination with critical factors, chosen by the operator for a given food product formulation, container type and size, and unit of processing equipment, that will achieve commercial sterility in the low-acid and acidified low-acid food product packed in hermetically sealed containers. (traitement programmé)

"shipping container" means a receptacle in which containers of food products are placed for shipment, but does not include ocean containers, highway trailers, rail cars or other transportation vehicles. (contenant d'expédition)

"sequestering agent" means any sequestering agent described in Table XII of Division 16 of the Food and Drug Regulations and used in accordance to the provisions of the listing for that additive. (agent séquestrant)

"solid pack" means a pack in which the food product has been partially or wholly pre-cooked before packing so as to allow it to pack closely with the minimum amount of free liquid. (conserve compacte)

"soluble solids" means the percentage by weight of soluble solids as determined by refractometer corrected to 20^oC using the International Sugar Scale, but making no correction for acids and insoluble solids except as provided in any standard established in Schedule I or II for particular food products. (solides solubles)

"spices, herbs and seasonings" means spices, herbs and seasonings in any form including fresh, frozen, canned, dried, dehydrated, pickled, brined, fermented, lyophilized, whole, broken, crushed, ground (milled) or powdered forms, and essential oils, extracts, emulsions, suspensions or concentrated extracts. (épices, herbes et assaisonnements)

"substitute" means any food that resembles in appearance and is prepared for the same uses as a food product that is defined in these Regulations, but which does not conform to that definition. (succédané)

"sweetening ingredient" means white sugar, brown sugar, yellow sugar, golden sugar, liquid sugar, invert sugar, honey as defined in the Honey Regulations, maple sugar, maple syrup and any other maple product as defined in the Maple Products Regulations, all forms of molasses except stock molasses, refined sugar syrup, refiner's syrup, golden syrup, corn syrup and high fructose corn syrup, glucose, dextrose, fructose, or any combination of these, in dry or liquid form, but does not include icing sugar, lactose and artificial or non-nutritive sweeteners in any form. (ingrédient édulcorant)

"thickening agent" means any thickening agents described in Table IV of Division 16 of the Food and Drug Regulations and used in accordance to the provisions of the listing for that food additive. (agent épaississant)

"thickening ingredient" includes corn starch, potato starch, tapioca flour and wheat flour. (ingrédient épaississant)

"vacuum pack" means a pack in which a minimum amount of packing medium is used and the vacuum in the container is created mechanically. (conservé sous vide)

"vinegar" means one or more of the vinegars described in Division 19 of the Food and Drug Regulations. (vinaigre)

"vitamins, minerals and amino acids", has the same meaning as in Part D of the Food and Drug Regulations (vitamines, minéraux et acides aminés)

"water activity" means the ratio of water vapour pressure of a food product to the vapour pressure of pure water at the same temperature and pressure. (activité de l'eau)

"water pack" means a pack in which water alone is used as the packing medium. (conservé dans l'eau)

Application

3. Except as provided by these Regulations, these Regulations apply to all food products marketed in import, export or interprovincial trade

(a) for which a grade, standard or a standard is prescribed or established in these Regulations; or

(b) to which the general standards set out in section 1 of Schedule II apply.

General exemptions

4. (1) Subject to section 6, these Regulations do not apply to food products that,

(a) in the case of food products that are

(i) packed by weight, do not exceed 20 kg per shipment in total net weight, or
(ii) packed by volume, do not exceed 20 L per shipment in total net volume;

(b) are consigned to a national or international exhibition, for purposes of the exhibition, and, in the case of food products that are (03/12/99)

(i) packed by weight, do not exceed 100 kg per shipment in total net weight, or
(ii) packed by volume, do not exceed 100 L per shipment in total net volume;

(c) are part of an emigrant's or an immigrant's effects;

(d) are carried on any vessel, train, motor vehicle, aircraft or other means of transportation for use as food for the crew or passengers except for plant registration requirements;

(e) are destined for and labelled with the words "Animal Food" and "Aliments pour animaux";

(f) are conveyed between federal and provincial institutions;

(g) are prepared under contract with the Canadian Forces and are labelled for use as military rations except for plant registration requirements;

(h) are imported from the United States onto the Akwesasne Reserve for use by a person who is a permanent resident of that Reserve; or

(i) are donated to any organization that is a registered charity under the Income Tax Act or is a non-profit organization within the meaning of that Act.

(2) Subsection 1) does not apply to a food product intended for resale except for paragraph (1)(e).

(3) Paragraph (1)(h) does not apply to a food product shipped to Canada from another country through the United States if the shipment is in bond.

Transition period

5. For a period of 30 months after the coming into force of these Regulations, a food product that does not meet the grade, composition, labelling or container size requirements prescribed or established in these Regulations may be marketed in import, export or interprovincial trade if the food product meets the grade, composition, labelling and container size requirements, if any, that existed for that food product in the Processed Products Regulations, C.R.C., c. 291, as amended, if the food product was packed no later than 24 months after the coming into force of these Regulations.