Labelling - Packaging Consumer Products (Non-Food)

Act: Competition Act, R.S., 1985, c. C-34, s. 1;R.S., 1985, c. 19 (2nd Supp.), s. 19.;Consumer Packaging and Labelling Act, R.S.C. 1985, c. C-38
Regulation: Consumer Packaging and Labelling Regulations, C.R.C., Vol. IV, c. 417, p. 2933, as amended

To Whom Does This Apply?

The Competition Act applies to most businesses in Canada, regardless of size.

The Consumer Packaging and Labelling Act applies to any 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 any product.

Summary

The Consumer Packaging and Labelling Act requires that prepackaged consumer products bear accurate and meaningful labelling information to help consumers make informed purchasing decisions. The Act prohibits the making of false or misleading representations and sets out specifications for mandatory label information such as the product’s name, net quantity and dealer identity. 

The following products are exempt from all requirements of the Consumer Packaging and Labelling Act and Regulations:

• drugs and medical devices;
• commercial, industrial or institutional use only products;
• products for export only;
• products sold only to a duty-free store;
• prepackaged textile articles;
• replacement parts for consumer durables (cars, appliances) if not displayed to consumer;
• certain artists supplies.

Under the Consumer Packaging and Labelling Act, the Competition Bureau administers the packaging and labelling of prepackaged non-food products at all levels of trade.

The Act defines three basic mandatory statements which must, where applicable, appear in a prescribed manner. The Regulations specify the manner and location in which the following statements must appear:

• product identity;
• product net quantity;
• dealer's name and principal place of business.

This product identity must be shown in both official languages. The dealer's name and address can appear in either language.  Note that a metric net quantity declaration using metric symbols only is considered bilingual. 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 Office québécois de la langue française , 125 Sherbrooke Street West, Montréal, Quebec H2X 1X4 at (514) 873-6565.

For additional information regarding labelling requirements under the Hazardous Products Act which may apply to solvents, gasoline additives and other potentially hazardous products, please contact your nearest Health Canada, Product Safety Office .

General Exemptions

Exemption from the detailed labelling requirements
The following prepackaged products are exempt from the detailed labelling requirements: feeds, seeds, fertilizers and pest control products. To obtain information concerning the labelling requirements for these products, contact the Agriculture and Agri-Food Canada office in your area.

Test Market Products
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 and standardization of container sizes requirements. In order to qualify for such an exemption the dealer who intends to conduct the test marketing must ensure that:

• the product in question has not been previously sold in Canada;
• the product differs substantially from any other sold in Canada with respect to composition, function, state or packaging form;
• the existing labelling on the product complies with the detailed requirements of the legislation, except for those provisions related to bilingual labelling and container standardization.

In addition, the dealer must file a notice of intention to the Deputy Commissioner of Competition, Fair Business Practices Branch.

Cosmetics
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, consult the Health Canada office in your area.

Pet Foods
The Competition Bureau is responsible for the administration of the Consumer Packaging and Labelling Act and Regulations in regard to all domestic pet food products.  A pet food labelling and advertising guide for dog and cat food entitled The Guide for the Labelling and Advertising of Pet Foods is available on the Web site.

For further information regarding other food products, contact the Canadian Food Inspection Agency in your area. (Note: see the document Food Labelling).

The Guide to the Consumer Packaging and Labelling Act and Regulations is also available on the Web.

Also available from the Web site are Labelling Assessment Tools, which include electronic products designed to assist traders in meeting the labelling requirements for textiles and consumer packaging.

DISCLAIMER
Information contained in this section is of a general nature only and is not intended to constitute advice for any specific fact situation. For particular questions, the users are invited to contact their lawyer. For additional information, see contact(s) listed below.

Quebec Contact(s):
See National Contact.

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National Contact(s):
THIS CONTACT SERVES ALL REGIONS
Information Centre
Competition Bureau
Phase 1, Place du Portage
50 Victoria Street
Gatineau, Quebec  K1A 0C9
Telephone: 819-997-4282
Fax: 819-997-0324
Toll-free (information): 1-800-348-5358
TTY Toll-free (hearing impaired): 1-800-642-3844
E-mail: compbureau@cb-bc.gc.ca
Web site: http://www.competitionbureau.gc.ca/