Food and Drug Regulations (C.R.C., c. 870)

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Regulations are current to 2013-06-10 and last amended on 2013-05-31. Previous Versions

Division 27

B.27.001. In this Division,

“commercially sterile”: “commercially sterile” means the condition obtained in a food that has been processed by the application of heat, alone or in combination with other treatments, to render the food free from viable forms of microorganisms, including spores, capable of growing in the food at temperatures at which the food is designed normally to be held during distribution and storage; (stérilité commerciale)
“hermetically sealed container”: “hermetically sealed container” means a container designed and intended to be secure against the entry of microorganisms, including spores; (récipient hermétiquement fermé)
“low-acid food”: “low-acid food” means a food, other than an alcoholic beverage, where any component of the food has a pH greater than 4.6 and a water activity greater than 0.85; (aliment peu acide)
“refrigeration”: “refrigeration” means exposure to a temperature of 4°C or less but does not mean frozen; (réfrigéré)
“shipping container”: “shipping container” means a receptacle, package or wrapper in which containers of food are placed for transportation; (contenant d’expédition)
“water activity”: “water activity” means the ratio of the water vapour pressure of a food to the vapour pressure of pure water, at the same temperature and pressure. (activité de l’eau)

B.27.002. (1) No person shall sell a low-acid food packaged in a hermetically sealed container unless the food is commercially sterile.
(2) Subsection (1) does not apply in respect of a low-acid food packaged in a hermetically sealed container where
- (a) the low-acid food is kept under refrigeration and the statement “Keep Refrigerated” and “Garder au froid” is carried on the principal display panel of the label of its container, as well as on the label of its shipping container; or
- (b) the low-acid food is kept frozen and the statement “Keep Frozen” and “Garder congelé” is carried on the principal display panel of the label of its container, as well as on the label of its shipping container.
(3) Subsection (1) does not apply in respect of tomatoes or tomato products packaged in hermetically sealed containers where the tomatoes or tomato products have a pH of 4.7 or less after heat processing.