Vol. 151, No. 3 — January 21, 2017

Safe Food for Canadians Regulations

Statutory authority

Safe Food for Canadians Act

Sponsoring agency

Canadian Food Inspection Agency

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Executive summary

Issues: Recent decades have seen significant changes in the global food environment. Advances in science and technology, the emergence of highly integrated food supply chains and changing consumer preferences require Canada’s federal food regulatory system to keep pace in order to protect the health of Canadians.

The increasingly global marketplace for food commodities has created more opportunities for the introduction and spread of contaminants that may put Canadian food safety at risk. Food-borne illness continues to impose significant health and economic costs on Canadians and recent food safety incidents in Canada have demonstrated where the current federal food regulatory framework must be strengthened. This framework must also keep pace with prevention-focused international food safety standards so that Canadian food exporters have access to foreign markets and remain competitive internationally. Currently, foods prepared (see footnote 1) in Canada or imported into Canada are not all subject to the same regulatory requirements, and some food safety requirements do not reflect advances in technology, science and food safety best practices.

Description: The proposed Safe Food for Canadians Regulations (the proposed Regulations) would strengthen Canada’s reputation as a leader in food safety by establishing consistent, prevention-focused requirements for food that is imported or prepared for export or interprovincial trade, and would also include some requirements applicable to food that is traded intraprovincially. The proposed Regulations would consolidate 13 food commodity-based regulations plus the food-related provisions of the Consumer Packaging and Labelling Regulations (CPLR) into a single and more outcome-based (see footnote 2) food regulation under the Safe Food for Canadians Act (SFCA). Some requirements for certain food sectors would be phased in to reflect business size and different levels of industry readiness. Plain-language tools and guidance would be provided to support small businesses that are involved in importing food, or preparing food for export for interprovincial trade, in meeting the requirements.

Cost-benefit statement: The estimated benefits of the proposed requirements would have an annualized value of approximately $137.3 million. These benefits would be associated with the traceability of food and the licensing of businesses as well as the consolidation of food regulations. In comparison, the estimated costs of the proposed requirements would have an annualized value of approximately $138.2 million. These costs would be associated with the use of preventive controls (i.e. food safety requirements) and preventive control plans, the traceability of food, the licensing of businesses and the Canadian Food Inspection Agency (CFIA) regulatory implementation. The estimated net annualized benefit (i.e. benefits less costs) of these impacts would be approximately –$0.9 million.

In addition to these estimates, other qualitative benefits would include a reduction in food safety risk for consumers, a more level playing field for Canadian businesses, increased international and domestic regulatory alignment, and sustained market access for Canadian exports. It will also expand the CFIA’s food safety regulatory coverage, bring a consistent and more effective approach to inspection and oversight for food safety by the CFIA, and enhance Canada’s reputation as a global food safety leader.

“One-for-One” Rule and small business lens: The “One-for-One” Rule would apply. The estimated total administrative cost increase would have an annualized value of approximately $11.4 million. The small business lens would apply and the CFIA would provide a flexible option for small businesses that are involved in importing food, or preparing food for export or for interprovincial trade. As a result, the estimated total cost savings for these small businesses from the flexible option would have an annualized value of approximately $53.2 million.

Domestic and international coordination and cooperation: The proposed Regulations would be well aligned with similar modernization efforts among Canada’s key trading partners. In addition, the proposed Regulations would provide a foundation for consistent federal oversight of food that better reflects internationally recognized food safety practices.

Background

Evolution of food safety risk

Canada has one of the best food safety systems in the world but this system must continue to strengthen the oversight of foods that are increasingly at risk of contamination. These high-risk foods include fresh fruits and vegetables and prepared foods that do not fall under the current commodity-based regulations (i.e. foods from what is known as the non-federally registered sector [NFRS]).

As consumers demand more convenient, ready-to-eat products (e.g. bagged salads), the risk of exposure to hazards also increases since these products are intended to be consumed without further cooking. Consumers also increasingly expect foods to be available year-round, which increases demand for imported foods (especially fresh fruits and vegetables) that are often sourced from countries with underdeveloped food safety systems (e.g. from some countries in South America).

The volume of fresh fruits and vegetables and NFRS foods being imported into Canada has approximately doubled, from $11.7 billion in 2006 to $22.8 billion in 2015. With respect to fresh fruits and vegetables, a 43% increase in imports of these products from South America has been observed over the past four years.

Over the same period, an increase in food safety issues has been observed from all domestic and foreign sources. From 2011 to present, there have been 84 recalls related to fresh fruits and vegetables as well as 1 573 recalls related to food from the NFRS. Together, these represent more than 70% of all recalls over this period.

The new risks with fresh fruits and vegetables are of particular concern, as a preventive food safety oversight program does not currently exist for this sector in Canada. As a result, identification of a food safety hazard is often only possible after illnesses have been reported, rather than through early detection and intervention prior to the entry of food into the retail market. A 2013 study in the Journal of Food Protection demonstrated that from 2001 to 2009, 27 fresh fruit and vegetable–related outbreaks occurred in Canada and resulted in over 1 500 cases of illness.

The import-related aspect of this risk was illustrated by an incident that resulted in a Canada-wide Salmonella outbreak in 2014. This outbreak was linked to numerous products derived from imported chia seeds and prepared in Canada. It required the recall of 24 products from 9 different manufacturers, with many of these products being from the NFRS. This comprehensive recall was made more complex because of the absence of licensing, preventive control, and traceability requirements for those who imported and prepared these products. The absence of such requirements made it difficult for the CFIA to identify affected food businesses and ensure that the products were removed from the marketplace.

In addition, high-profile food safety incidents have also been associated with food from federally registered establishments and have highlighted other areas where the food safety system could be strengthened. For example, a listeriosis outbreak over the summer and fall of 2008 spanned five provinces and resulted in 57 human illnesses and 23 deaths. The costs (including medical costs, non-medical costs, productivity losses and federal government costs) associated with this outbreak were estimated to be approximately $242 million. The outbreak was eventually linked to ready-to-eat meat products and a subsequent independent report on the outbreak contained several recommendations for the CFIA. These included suggestions for simplifying and modernizing regulations in accordance with preventive food safety practices and for requiring regulated parties to make the CFIA aware of food safety issues in a timely manner.

A 2012 E. coli outbreak associated with meat products resulted in the largest beef recall in Canadian history, involving the recall and disposal of 12 million pounds of meat products. There were 18 confirmed illnesses and significant economic effects (costs estimated at between $16 million and $27 million) associated with this outbreak. The recommendations that were generated following this incident noted that, among other things, the CFIA did not possess the power to compel regulated parties to provide adequate documentation in the event of a significant food safety incident.

These events have highlighted the scale and interconnected nature of current production systems, and have also shown that contamination can occur at any stage along the import, preparation and distribution chains. These events also underscore the value of preventive approaches (e.g. licensing, preventive controls, and traceability) and the central role that industry has in producing safe food by preventing incidents before they occur rather than dealing with contaminated food once it is on the market.

In light of these challenges, supporting public health and instilling confidence in Canada’s food system remain key priorities for the CFIA’s Food Safety Program. This program aims to mitigate risks to public health associated with diseases and other health hazards related to the food supply system and to manage food safety emergencies and incidents. The Program achieves its objectives by promoting food safety awareness and verifying compliance by industry with science-based regulations. The program also delivers initiatives to ensure that consumers receive food safety and nutrition information, and to mitigate unfair market practices that affect consumers and industry. Collaboration with other governments and stakeholders further enhances the Agency’s ability to track, detect and mitigate risks associated with food and the food supply system, including food-borne illness.

Legislative and regulatory context

Five pieces of legislation govern this program: the Canada Agricultural Products Act (CAPA), the Consumer Packaging and Labelling Act (CPLA), the Food and Drugs Act (FDA), the Fish Inspection Act (FIA), and the Meat Inspection Act (MIA).

The regulatory framework underpinning the CFIA’s Food Safety Program is composed of 13 different regulations (plus 2 additional regulations: the Food and Drug Regulations [FDR] and the CPLR). These include regulations made under the CAPA, the FIA, and the MIA, which cover nine food commodities (i.e. dairy, fish and seafood, fresh fruits and vegetables, honey, maple products, meat, processed eggs, processed [fruit and vegetable] products, and shell eggs).

For each of these food commodities, the CFIA operates separate food safety, consumer protection, and inspection programs. With respect to foods, there are additional requirements found in the Licensing and Arbitration Regulations (LAR), the Livestock and Poultry Carcass Grading Regulations, the Icewine Regulations, and the Organic Products Regulations, 2009.

When it comes fully into force, the SFCA, which received royal assent on November 22, 2012, will repeal and consolidate the CAPA, the FIA, the MIA and the food-related provisions of the CPLA. Once the SFCA is fully in force, all food in Canada within the mandate of the CFIA would be regulated by two federal legislative regimes — the SFCA and the FDA.

International context

Internationally, the CFIA leads the Government of Canada’s implementation of the World Trade Organization’s Agreement on the Application of Sanitary and Phytosanitary Measures, and plays a significant role in the three official international standard-setting bodies (ISSBs) to promote science-based international standards. In the case of food, Codex Alimentarius (Codex) standards provide the foundation for robust domestic regulatory systems and contribute to a predictable trade environment, reducing business risks and facilitating market access.

These international approaches to food safety are changing quickly. Codex maintains food standards, guidelines and codes of practice that promote the use of systems-based, preventive approaches to food safety that include Hazard Analysis and Critical Control Point (HACCP) (see footnote 3) principles, Good Manufacturing Practices (GMPs), and Good Agricultural Practices (GAPs). These approaches address safety and quality along the entire food production and distribution continuum by identifying and controlling hazards in order to prevent food safety problems. These systems-based approaches recognize that those who prepare or import food have the primary responsibility for the safety of their products and must implement preventive programs to identify and control hazards.

Other countries have made significant progress adopting the approaches described by Codex as they modernize their own food safety systems. For example, the United States (U.S.) has introduced the Food Safety Modernization Act (FSMA) and associated regulations that grant new and expanded authorities to the U.S. Food and Drug Administration to enhance the safety of the U.S. food supply. Canada and the United States are working together to harmonize regulatory approaches between the two countries where possible, including approaches on food safety. Under the Regulatory Cooperation Council (RCC), the CFIA has been working with its counterparts in the U.S. Department of Agriculture and the U.S. Food and Drug Administration on a number of food safety initiatives, some of which will be furthered by the proposed Regulations.

Issues

Food-borne illness remains a significant public health concern in Canada that causes approximately four million illnesses annually (one in eight Canadians), which results in approximately 238 deaths and 11 600 hospitalizations. A conservative estimate of the annual economic cost to Canadians, the national economy and the health care system is $2.8 billion. (see footnote 4) Recent food safety incidents have demonstrated that changes in consumer preferences and production and distribution systems have produced new food safety challenges. Today, when problems occur, they can affect more products more quickly, and cross into different sectors, into different countries and affect businesses regardless of their size.

Canada’s current federal food regulatory framework has varying requirements and approaches for nine specific food commodities, and has not been regularly updated or streamlined since the CFIA’s creation in 1997. It has no federal requirements for registration or licensing, preventive controls or traceability for food prepared in or imported into Canada other than for some of these nine specific food commodities. As a result, foods prepared in Canada or imported into Canada are not all subject to the same regulatory requirements, and some food safety requirements do not reflect advances in technology, science and food safety best practices.

For example, all food is subject to the FDA, which contains a broad prohibition against the sale of unsafe food; however, this Act does not require licences or registrations for food businesses. It also does not require all food businesses to put in place preventive controls or preventive control plans that are based on HACCP principles. This means that the large majority of foods prepared in Canada or imported into Canada are not subject to preventive approaches. Examples of foods in this category include spices, snack foods, bakery products, fats and oils, and infant formula. In practice, this means that preparation and import of these foods, which can be as risky as the preparation of foods of federally registered establishments (e.g. meat), are not subject to the same requirements given that the applicable legislation does not include the same requirements or inspection tools.

These differing approaches among food sectors pose a significant challenge to the CFIA’s goal of managing risks consistently across different types of establishments and foods. Differing approaches also mean that businesses involved with multiple food commodities need to meet varying requirements in different regulations, which places an additional burden on these stakeholders.

Further hindering the creation of a level playing field for all Canadian food businesses is the requirement that food businesses producing food that incorporates more than one commodity (e.g. a pepperoni pizza) have to comply with multiple sets of applicable requirements (e.g. requirements for grading, labelling, container sizes and weights) in regulations made under the CAPA, the FIA, the MIA and the CPLA. Also, with respect to many exported food products, the CFIA does not have the legislative authority to issue certificates that may be required by foreign countries. This may impede market access for some Canadian businesses.

Canada must also keep pace with international food safety standards, and changes to the food safety systems of Canada’s trading partners so that Canadian food exporters can continue to enjoy access to foreign markets. Taken together, these factors are hindering the creation of a level playing field for all Canadian food business establishments, and have highlighted areas where the current food regulatory framework could be modernized.

Objectives

The key objectives of the proposed Regulations are to

Description

The proposed Regulations contain 17 parts and would include requirements respecting the following: Trade; Licences; Preventive Control Measures; Traceability; Commodity-specific Requirements; Recognition of Foreign Systems; Ministerial Exemptions; Inspection Legends; Packaging; Labelling; Grades and Grade Names; Seizure and Detention; and Organic Products. Some of these requirements would be phased in to reflect different levels of industry readiness and the concerns of small businesses that are involved in importing food, or preparing food for export or for interprovincial trade.

The SFCA also provides for authority to incorporate by reference in the Regulations documents that are internally or externally generated as of a particular date or that may change over time. The flexibility to change an incorporated document would allow the CFIA to make its regulatory framework more responsive to concerns of industry and consumers by responding more promptly, where necessary, to modern science and innovations, which might otherwise require regulatory change. Before making changes to internally generated, incorporated documents that may change from time to time, the CFIA would consult with stakeholders in a similar way as consultations for regulatory changes and in accordance with the CFIA’s Incorporation by Reference (IBR) Policy. (see footnote 5)

Key food safety elements

The proposed Regulations would establish three key food safety elements:

In addition to the three key food safety elements, certain commodity-specific requirements for food safety would remain in place where appropriate. For example, the current regulations require imported meat products to be sourced from a country with an inspection system that is approved by the Minister under the MIA. This requirement would be maintained in the proposed Regulations.

With some exceptions, regulated parties would be required to produce and maintain a written PCP demonstrating how the preventive controls and other requirements (e.g. for packaging and labelling) are met. Where appropriate, regulated parties would have the flexibility to apply the preventive controls and other measures on an outcome-based approach that demonstrates that their operations and food products comply with the proposed Regulations.

The steps related to the preparation of a PCP would be based on HACCP principles and would include, where applicable,

  1. a description of the biological, chemical, and physical hazards that could contaminate the food, the measures used to prevent or eliminate those hazards, and evidence that the measures are effective;
  2. a description of critical control points (steps at which a control can be applied and that is essential to prevent or eliminate the hazard), their related control measures, and evidence that they are effective;
  3. a description of the critical limits (i.e. the limit at which a hazard is acceptable without compromising food safety) for each critical control point;
  4. the procedures for monitoring the critical control points in relation to their critical limits;
  5. a description of the corrective action procedures for each critical control point;
  6. a description of the procedures used to verify the implementation that the PCP meets the requirements of the SFCA and the proposed Regulations; and
  7. documents that demonstrate that the information has been recorded and that the PCP has been implemented with respect to the foregoing.

Subject to certain exceptions (described in the subsequent section entitled “Exceptions and exemptions”), a written PCP would be required for

Exceptions and exemptions

Based on an analysis of the food safety risk, an exception and several exemptions are set out in the proposed Regulations.

An exception from the written PCP requirements is proposed for some regulated parties that generate $30,000 or less in annual gross food sales (i.e. micro-sized businesses). This exception would not apply to regulated parties that slaughter food animals from which meat products for export or inter-provincial trade are derived, or that prepare meat products, dairy products, fish, eggs, processed egg products, or processed fruits and vegetables, or if an export certificate is requested.

Exemptions from licensing, preventive controls, and written PCP requirements are also proposed, unless an export certificate is requested, for

The proposed Regulations would also include certain exemptions similar to those that exist in current federal regulations, such as food for personal use, food carried on any conveyance that is intended for the crew or passengers, or food for analysis, evaluation, research, or a food exhibition provided that the food is part of a shipment that weighs 100 kg or less or, in the case of eggs, is part of a shipment of five or fewer cases. Food that passes only in transit through Canada is also proposed to be exempt, provided the shipment travels in bonds.

Importation of non-compliant food or interprovincial trade of non-compliant food to be subsequently brought into compliance (e.g. through relabelling the food) would be permitted provided that the food is imported by a licence holder, is clearly labelled with “For Further Preparation Only” and is brought into compliance within three months from the day on which it was imported or traded interprovincially, unless a longer time period is granted by the Minister.

Export

Under the SFCA, the Minister may issue export certificates. The proposed Regulations would provide the process by which a regulated party may request an export certificate where one is requested to, for example, fulfill a foreign government requirement. Under the proposed Regulations, exporters would be permitted to meet foreign customer requirements that differ from certain requirements of the Regulations, if those differences are substantiated by documentation (e.g. a contract or a description of a foreign government requirement).

Membership requirements for buyers and sellers of fresh fruits and vegetables

The Licensing and Arbitration Regulations would be repealed, and the proposed Regulations would require that buyers and sellers of fresh fruits and vegetables be members of the Fruit and Vegetable Dispute Resolution Corporation (DRC) to obtain an exemption from the trade of fresh fruit or vegetable provisions in Part 2, Division 2 of the proposed Regulations. The DRC is a non-profit, membership-based organization serving the produce sector that offers dispute resolution services (e.g. mediation and arbitration) to its members. It should be noted that over 80% of fresh fruit and vegetable buyers and sellers are already members of the DRC.

Meat

Proposed changes to existing requirements for meat would increase alignment with requirements for other foods regulated by the CFIA to the extent possible given meat-specific food safety risks. For example, current mandatory inspection requirements for all imported meat products would be removed, and replaced with targeted inspection requirements based on risk. Also, mandatory licensing of meat storage facilities would be removed except for persons who would handle and store imported meat products for inspection.

Exemptions from some existing meat product–specific requirements are proposed for meat products that contain a mixture of ready-to-eat meat and other non-meat ingredients (e.g. frozen pepperoni pizza). The proposed Regulations would treat these meat products more similarly to all other prepared foods.

Recognition of foreign systems

The proposed Regulations would prescribe the standards to be met for the Minister to recognize a foreign system of inspection for meat products and shellfish, and to recognize systems for preparing meat that are used in meat product establishments. The proposed Regulations would also provide for circumstances in which ministerial recognition must be suspended or cancelled. When the SFCA fully comes into force, systems that are recognized under the MIA or FIA would continue to be recognized under the proposed Regulations.

Ministerial exemptions

The authority for the Minister to exempt food from requirements for the purpose of test-marketing a food that is new or of alleviating shortages would be expanded to all foods. Ministerial exemptions could be granted only when they would not result in a risk of injury to human health and, with regards to test-market exemptions, when they would not confuse or mislead the public or disrupt the normal trading patterns of industry or the normal patterns of food pricing.

Inspection legends

Provisions related to inspection legends that exist in current commodity-specific regulations made under the CAPA, the FIA and the MIA would be carried over under the proposed Regulations.

Container sizes and standard weights

Requirements for standard weight and container sizes that currently exist in commodity-specific regulations under the CAPA, the MIA, the FIA and the CPLA would be included in the proposed Regulations.

Labelling and standards of identity

The proposed Regulations would make some changes to requirements relating to labelling and standards of identity provisions (e.g. for processed eggs). Proposed changes would group similar provisions together and reduce duplication and differences where possible.

Labelling provisions would be included in the body of the proposed Regulations whereas standards of identity would be incorporated by reference in the proposed Regulations and maintained by the CFIA (in accordance with CFIA’s Incorporation by Reference Policy).

Existing requirements of the CPLA and its regulations apply to prepackaged food sold in Canada, including food sold within a province, and have been included in the proposed Regulations. The intra-provincial application of these requirements would be maintained.

Grade requirements

Grade requirements in existing regulations would be consolidated into two documents (noted below) that would be incorporated by reference in the proposed Regulations:

  1. The proposed Beef, Bison, and Veal Carcass Grade Requirements would be maintained by the Canadian Beef Grading Agency (CBGA) according to conditions outlined in a Memorandum of Understanding between the CBGA and the CFIA; and
  2. The proposed Canadian Grade Compendium would consolidate all other Canadian grade requirements in a single document organized by commodity and maintained by the CFIA.
Organic products

Under the Organic Products Regulations, 2009, only producers of organic products and anyone labelling and packaging organic products are required to be certified. The proposed Regulations would expand certification to also include other service providers to allow organic integrity to be maintained along the entire supply chain. In addition, the proposed Regulations would include the organic certification of aquaculture products.

Regulatory and non-regulatory options considered

1. Status quo

The SFCA would not come fully into force and the strengthened authorities provided by the Act would not be put in place. Moreover, the opportunity to streamline and consolidate the existing varying requirements would be lost. Maintaining the status quo would not address new risks facing the Canadian food safety system posed by the continued globalization of the food supply, new products and processing methods, lessons learned from recent food safety incidents, and changing consumer preferences. In addition, the Canadian system would not incorporate new food safety approaches that are internationally accepted and being adopted by Canada’s trading partners which could result in market access issues for Canadian producers.

2. Regulatory option

The regulatory option was chosen, as it is the most effective way to respond to the challenges and opportunities posed to the food safety system as the food industry, global trade in food, food safety risks and food safety risk mitigation approaches all evolve. While this would place additional costs on certain sectors of Canadian industry, the regulatory option is the best means for protecting Canadians from food safety risks while creating a more level playing field for Canadian food businesses.

Benefits and costs

The cost-benefit analysis assessed the potential incremental impacts of the regulatory proposal’s coming into force. The potential impacts (i.e. costs and benefits) represent the incremental differences between the baseline and regulatory scenarios.

The baseline scenario describes the situation under the current regulatory framework and what it would look like in the future if the proposed Regulations do not come into force.

The regulatory scenario describes the future situation if the proposed Regulations do come into force.

Due to the scope of the proposed Regulations, baseline and regulatory descriptions of only the most significant elements of the proposal are presented here. All of the baseline and regulatory descriptions have been documented in a cost-benefit analysis report, which is available by request.

Baseline
Overarching description

Current regulations under the CAPA, FIA, MIA and the food-related provisions of the CPLA would continue to exist and be enforced. Foods that are not covered by the current regulations under the CAPA, FIA and MIA would continue to be covered primarily by the FDA and FDR.

Licensing

In general, the CFIA registers some establishments and maintains requirements for some importers and operators to be licensed.

The current licensing and registration requirements as they exist under the CAPA, FIA and MIA regulations are as follows:

There are no required intraprovincial licences or registrations administered by the CFIA.

Preventive controls and preventive control plans (PCPs)

Some food sectors have implemented food safety plans, based on HACCP principles, to demonstrate how they achieve compliance (for example voluntary Food Safety Enhancement Program [FSEP] and Quality Management Program [QMP]) with regulatory requirements. These are the current industry practices based on regulatory coverage:

Traceability

While many regulated parties in the food sector have implemented voluntary traceability systems, others do not have the necessary practices, including record keeping, to facilitate timely food safety investigations, recalls or withdrawals. The resulting information gaps within the food supply chain may lead to less efficient and inaccurate responses to a food safety incident.

Currently, there are some traceability regulatory requirements for the fish and meat sectors. It should be noted that the CFIA Act provides the Minister with the authority to order a food recall.

Regulatory scenario
Overarching description

The proposed Regulations under the SFCA would come into force and replace the current regulations under the CAPA, FIA, MIA, and the food-related provisions of CPLA. Foods that are not covered by the current CFIA food regulations under the CAPA, FIA and MIA would be covered by the proposed Regulations (as well as the FDA and FDR, as is the case with all food).

Licensing

The definition of “food commodity” in the SFCA is broader than the definition of “agricultural product” under the CAPA, “fish” under the FIA and “meat product” under the MIA. The proposed Regulations would extend licensing requirements to encompass all regulated parties who import food or prepare them for interprovincial trade or for export. This means that some regulated parties that prepare food destined for interprovincial trade or for export that are not currently regulated under the CAPA (e.g. cookies, cake mixes) would be required to have a licence under the SFCA. Also, all importers of food would be required to be licensed. The proposed Regulations would no longer provide for registration of establishments since licence holders would be subject to requirements related to the establishment where the food is being prepared. Additionally, anyone requesting an export certificate would require a licence.

PCP

A PCP is a written document that sets out how food safety and other regulatory requirements would be achieved. Preventive control requirements are a combination of control measures (including a PCP) that, when taken as a whole, provide for a science-based approach to managing risks posed by hazards and contribute to achieving compliance with other regulatory requirements.

Anyone who imports or prepares food commodities destined for interprovincial trade would be required to develop, document, maintain and implement a PCP as well as comply with the preventive controls applicable to their activities. Additionally, anyone who prepares food for export or exports food and who requires or requests an export certificate would be required to have a PCP. Note that fresh fruit and vegetable primary producers (i.e. persons who grow or harvest fresh fruits and vegetables regardless of how they are packaged) would be considered to be preparers of food when it comes to the proposed PCP requirements.

Some regulated parties would not be required to have a written PCP but would still be required to comply with the preventive control requirements. These parties include

Traceability

The international standard for traceability established by Codex calls for tracking of food commodities forward to the immediate customer (e.g. a retailer or another food business) and trace materials / food commodities backwards to the immediate supplier (“one step forward, one step back”).

The proposed Regulations would apply the Codex standard to every stage of the food supply chain, from production to retail (excluding direct sales to consumers). This means that all licence holders and persons exporting or trading interprovincially would have to adhere to the traceability requirements. The requirements would also apply to growers and harvesters of fresh fruit or vegetables for export and interprovincial trade.

Affected stakeholders

Based on the differences between the baseline and regulatory scenarios, the following stakeholders would be affected by the proposed Regulations’ coming into force:

Descriptions of the affected stakeholders have been documented in a cost-benefit analysis report, which is available by request.

Identified benefits and costs

This section provides a list and descriptions of some potential benefits and costs that the significant elements of the proposed Regulations may impose on affected stakeholders. These potential impacts represent incremental benefits and costs (i.e. those above and beyond the baseline).

The listing is broken up into categories based on benefits/costs that were monetized or benefits that were described qualitatively by the analysis. It should be noted that all significant costs were monetized by the analysis, so no qualitative costs are documented in the Regulatory Impact Analysis Statement (RIAS).

The descriptions of all of the potential benefits and costs have been documented in a cost-benefit analysis report, which is available by request.

Monetized benefits
Review time of CFIA food safety regulations

In the baseline, there are 13 separate sets of CFIA food regulations that need to be reviewed by the food industry, plus the food-related provisions of the CPLR that may need to be reviewed by the food industry (in addition to the FDR). In comparison, in the regulatory scenario, there would only be a single set of CFIA food regulations to be reviewed. As a result, businesses would only need to review one set of regulations instead of potentially multiple sets (e.g. a meat industry business would no longer need to consult the Meat Inspection Regulations, the Livestock and Poultry Carcass Grading Regulations [if applicable], and the CPLR).

Additionally, the proposed regulatory text would be current, and it is expected that the regulatory review time would be reduced, as some of the current CFIA regulations were drafted decades ago and use regulatory text that is outdated and that differs from regulation to regulation. An example of this is in the Fish Inspection Regulations where, unlike in the Meat Inspection Regulations, the definition of exports also includes interprovincial trade.

No establishment registration applications

Establishments that are currently required to be registered under the CAPA, FIA, and MIA regulations would no longer need to be registered in the regulatory scenario. Therefore, establishment managers would no longer have to take the time to register. Registration requirements vary across the current regulations, but generally, establishments are required to renew their registrations annually.

Note that the analysis included currently licensed fish or cheese importers in this benefit.

Streamlined/integrated export certification process

Currently, export certification processes differ across the various food commodities. One commonality is that export certification applications are submitted to the CFIA via fax or email. With the current system, applicants receive application status updates by contacting the CFIA and receive their export documents from the CFIA.

The proposed licensing requirements would be supported by a new automated electronic system that would streamline the export certification process. Licence holder information (e.g. licence number, name of licence holder, address[es] of establishment[s]) would be integrated into an online export certification application form. This would provide consistency and efficiencies for both exporters and the CFIA. Additionally, this integration would allow applicants to receive status updates online and print issued certificates online.

More efficient and effective food safety recalls and investigations

As a result of the proposed traceability requirements, recalls and investigations would be conducted in a more efficient and effective manner, which would minimize economic losses for affected businesses. Traceability information would be more readily available and precise. These factors would reduce the duration of recalls/ investigations and minimize unnecessarily wasted food through improved targeting of affected products, in comparison with the baseline scenario.

CFIA produce licence no longer required

Under the proposed Regulations, fresh fruit and vegetable dealers would not be required to have a CFIA produce licence. Therefore, dealers would no longer have to take the time to apply for a licence. However, this benefit would be diminished by the fact that the affected stakeholders would have to apply for DRC membership.

Qualitative benefits
Reduced food safety risk

There are approximately four million cases of food-borne illness annually in Canada. This means that one in eight Canadians is affected by food-borne illness every year. Annually, these illnesses result in 11 600 hospitalizations and 238 deaths. A conservative estimate of the annual economic cost this imposes on Canadians, the national economy and the health care system is $2.8 billion.

The proposed Regulations would have stronger food safety rules than the current regulations under the CAPA, the FIA and the MIA to mitigate the risk of food-borne illness by actively promoting the prevention of food safety incidents. Some examples of proposed requirements that would help achieve this are requirements for written preventive control plans in food sectors where none were previously required (e.g. currently the non-federally registered and fresh fruit and vegetable sectors).

While the magnitude of the positive impact that these stronger rules would have on the food safety risk for Canadians is uncertain since there was a lack of sufficient information to conduct a proper risk assessment/analysis, it would be reasonable to assume that these measures would reduce the risk to some degree, for the following reasons:

This reduction in risk would mean that the number of food-borne illnesses across Canada would be reduced when comparing the baseline scenario to the regulatory scenario.

This would in turn reduce the costs to

Increased international regulatory alignment

Major trading partners, such as the United States, are adopting preventive controls in their regulatory approaches. Therefore, businesses that develop new PCPs (and/or follow the corresponding food safety HACCP-based requirements) due to regulatory implementation would benefit from increased alignment with international food safety requirements.

Also, international regulatory alignment would increase as a result of the move from differing prescriptive-based regulatory approaches for each regulated food commodity in the baseline to a single outcome-based (where appropriate) regulatory approach for regulated food commodities.

The increased international regulatory alignment has the potential to increase trade opportunities for the food industry as it would maintain existing market access opportunities for Canadian businesses and support their expansion. Without the proposed PCP and food safety requirements, Canada would be out of step with its major trading partners that are moving to a preventive control regulatory approach to food safety, and this would put market access at risk.

Outcome-based regulatory approach (where appropriate)

The current regulations under the CAPA, the FIA and the MIA primarily take a prescriptive approach to food safety, which has the potential to limit the way a food business can operate. In comparison, the proposed Regulations would reduce, where appropriate, the current prescriptive food commodity-specific requirements, by moving to a system of requirements that articulates the expected outcomes as they relate to food commodities.

This outcome-based approach would provide businesses with the opportunity for innovation without having to wait for regulatory changes to allow for it, which could lead to reduced compliance costs (e.g. processing costs) over time as businesses find more efficient/effective methods of compliance.

More level playing field for food industry

Currently, some food importers and preparers of food for interprovincial trade or for export have to comply with commodity-specific regulatory requirements while others do not. Also, some of these regulatory requirements, such as establishment registration and food safety plans, vary between different commodities.

With the proposed Regulations, the CFIA would move to a single-food regulatory approach. In general, this would mean that there would be a levelling of the competitive playing field for all regulated parties across commodities. Imports would be held to the same standards and requirements as domestic food.

Enhanced food safety reputation for Canada

The proposed Regulations would implement stronger food safety rules than are currently in place. The strengthened rules would generally apply, with some exceptions, to importers, and preparers of food for export and interprovincial trade and cover all food commodities.

This would enhance Canada’s international reputation as a global food safety leader, which has the potential to lead to increased international trade opportunities for Canadian food businesses by helping to maintain their access to existing markets and support the development of new market access opportunities.

Reduced production costs for processed egg businesses

The processed egg standards of identity would require less egg solid in processing than is currently required. This would reduce production costs for a business that prepares processed egg products.

Additionally, this change would assist in improving the industry’s international trade competitiveness.

Improved CFIA knowledge of food industry

Currently, the CFIA is knowledgeable about food establishments that are registered under the CAPA, FIA and MIA regulations, but has limited to no knowledge of food establishments not covered by these regulations.

As a result of the proposed licensing requirements, the CFIA would have improved knowledge of the entire food industry. More specifically, the Agency would know who is importing food, preparing food for interprovincial trade or export, or exporters who require export certification. This would provide the CFIA with a means of communicating with all regulated parties, which would facilitate an improved emergency response when food safety issues occur. Additionally, the CFIA would be able to more strategically and efficiently focus its food safety efforts based on risk as a result of this improved knowledge.

Moreover, the CFIA would have improved knowledge of the food industry, as the proposed PCP requirements would allow for a consistent single-food inspection approach. This would facilitate a more comprehensive assessment of Canadian food safety, as inspection findings from different food commodity sectors would be directly comparable.

Monetized costs
Licence applications

In the regulatory scenario, all food importers or preparers of food for interprovincial trade or for export would be required to obtain a licence from the CFIA. Additionally, exporters that need export certification would need a licence. In order to obtain this, a business would have to take the time to apply to the Agency. Licences would be required to be renewed every two years.

It should be noted that the licensing fee was not included in this cost, as fee charges are considered to be transfer payments and should not be regarded as economic costs, as per Treasury Board of Canada Secretariat (TBS) cost-benefit analysis guidance. (see footnote 6)

Development and documentation of PCPs

All food importers or preparers of food for interprovincial trade, and preparers of meat and fish products for export, subject to certain exceptions, would be required to develop and document a PCP in the regulatory scenario. The analysis assumed that this would be done at the establishment level. Costs associated with this would include the time needed to complete the plan and potentially hiring external expertise for assistance. It is also expected that the costs associated with PCP development and documentation would increase with the volume and the complexity of the activities being carried out by a food business.

When an export certificate is requested, the exporter and the preparer of the food for export would be required to have a PCP.

Implementation of preventive controls and PCPs (i.e. food safety requirements)

Once a PCP has been developed and documented, it would have to be implemented. Costs that would be associated with this would include implementing new preventive controls, training and education for employees, equipment changes, verification that preventive controls are working and record keeping. As mentioned above, the magnitude of this cost would increase with the volume and complexity of a food business.

Some stakeholders who are not required to have a written PCP would still be required to have preventive controls (i.e. food safety requirements) in place.

Maintenance of PCPs

Where a PCP is required, it would need to be maintained in order to comply with regulatory requirements, and adapt to new or changing establishment practices. It is assumed by the analysis that this would occur on an annual basis.

Development of traceability systems

In the regulatory scenario, persons importing, exporting and interprovincially trading food, as well as other persons holding a licence issued under the SFCA, would be required to maintain traceability records. Therefore, traceability systems would need to be developed by these businesses. This would include the costs associated with developing traceability procedures and policies, and tools to be used with the system. The magnitude of this cost would be dependent on the current traceability practices of stakeholders and the scale and size of industry operations being considered.

Implementation of traceability systems

Under the proposed Regulations, businesses would be required to have a traceability system in place. In general, these systems would need to be implemented at the establishment level. (see footnote 7) Implementation means that regulated parties would have to prepare and keep records on the food commodities supplied to them and the food supplied by them, as well as the locations to which they move foods, and incorporated or source food commodities, before supplying a food to another person.

CFIA regulatory implementation

For the CFIA, regulatory implementation would transform and modernize the Agency’s approach to food safety. However, the CFIA would not require any additional food safety program or inspection funding or resources from current levels, as the proposed Regulations would allow the CFIA to operate more efficiently and redistribute its food safety resources more strategically. That said, there would be some additional CFIA resources required for compliance promotion and industry engagement when the Regulations come into force.

Methodology

This section briefly describes the methodology, data sources and key assumptions used to estimate the monetized (and quantified) benefits and costs. The entire methodology has been documented in a cost-benefit analysis report, which is available by request.

Number of affected food businesses and establishments

The following data sources were used to estimate the number of affected businesses:

The estimated number of affected businesses are presented in the table below.

Estimated number of affected businesses by the year the business would have to review the proposed Regulations

2018

2019

2020

2021

2022

2023

2024

2025

2026

2027

TOTAL

21 025

7 467

36 791

2 339

2 368

2 398

2 429

2 458

2 489

2 520

82 285

The analysis estimated that on average there are approximately 1.25 establishments per business.

Current industry practices

The analysis had to account for current industry practices in order to estimate the impacts of moving from the baseline to the regulatory scenario. For example, if a business or establishment is already implementing preventive controls and a PCP, then no costs or benefits would be realized by the business or establishment when the proposed preventive control and PCP requirements would come into force.

Accounting for current industry practices was based on data and information from the following:

Note that the analysis only used U.S. data in cases where no Canadian data was available.

Annual growth and turnover in the number of businesses and establishments

CFIA data for registered establishments and licensed importers from 2013 to 2016 was used to estimate the annual growth and turnover in the number of affected businesses and establishments.

Number of small and micro businesses

Data from the Business Register was used to estimate the number of small businesses impacted by the Regulations (i.e. businesses with less than 100 employees).

Model parameters and assumptions

The basic assumptions and parameters that were used in this cost-benefit analysis include the following:

Monetized benefits and costs

These were the general methodological models used to monetize the most significant impacts:

Benefits — More efficient and effective food safety recalls and investigations

Costs — Development and documentation of PCPs

Costs — Implementation of preventive controls and PCPs

Costs — Maintenance of PCPs

Estimated results

The results for all estimated costs are presented as negative values (e.g. –$1), while results for all estimated benefits are presented as positive values (e.g. $1).

The estimated annualized values of the significant impacts detailed in the Methodological section are presented in the table below.

Estimated annualized values of the significant impacts (in Canadian dollars [CAD], constant year 2012 prices, 2018* present value [PV] base year, 7% discount rate)

Impact Category — Description

Annualized Values

Benefits

Review time of CFIA food safety regulations: Avoided time to review current regulations

$660,627

LICENSING

No establishment registration applications

$151,817

Streamlined / integrated export certification process

$1,170,009

LICENSING TOTAL

$1,321,826

TRACEABILITY

 

More efficient and effective food safety recalls and investigations

$136,435,001

TRACEABILITY TOTAL

$136,435,001

CFIA fresh fruits and vegetables produce licence no longer required

$3,761

Costs

Review time of CFIA food safety regulations: Proposed Regulations

-$1,139,190

LICENSING

 

Licence application

-$150,135

LICENSING TOTAL

-$150,135

TRACEABILITY

 

Development of traceability system

-$15,371

Implementation of traceability system

-$3,638,286

TRACEABILITY TOTAL

-$3,653,656

PREVENTIVE CONTROLS and PCPs**

 

Development and documentation of PCP

-$3,626,047

Implementation of preventive controls and PCP

-$88,888,284

Preventive controls for businesses exempt from PCPs

-$32,925,281

Maintenance of PCP

-$6,481,033

PREVENTIVE CONTROLS and PCPs TOTAL**

-$131,920,646

CFIA regulatory implementation

-$2,468,809

* The analysis covered a 10-year time period (2018–2027).

** Note that the benefits associated with preventive controls and PCPs, such as a reduced food safety risk, are included as qualitative benefits in the analysis.

The table below provides a summary of all of the potential benefits and costs associated with the regulatory proposal.

Cost-benefit statement (in millions of CAD, constant year 2012 prices, 2018* PV base year, 7% discount rate)

Costs, Benefits and Distribution

2018

2019

2020

2021

2027

Total (PV)

Annualized Value

A.1 Quantified Impacts ($) — BENEFITS

Food Industry — Small Businesses

$57.7

$59.7

$156.7

$160.0

$162.7

$943.6

$134.4

Food Industry — Medium / Large Businesses***

$1.3

$1.3

$3.4

$3.5

$3.5

$20.6

$2.9

CFIA

$0.0

$0.0

$0.0

$0.0

$0.0

$0.0

$0.0

Total Benefits**

$59.0

$61.1

$160.1

$163.4

$166.3

$964.2

$137.3

A.2 Quantified Impacts ($) — COSTS

Food Industry — Small Businesses

-$42.8

-$106.6

-$97.4

-$198.3

-$167.5

-$948.2

-$135.0

Food Industry — Medium / Large Businesses***

-$0.2

-$0.6

-$1.0

-$0.8

-$0.8

-$5.0

-$0.7

CFIA

-$3.3

-$4.2

-$4.1

-$4.1

$0.0

-$17.3

-$2.5

Total Costs**

-$46.3

-$111.4

-$102.5

-$203.2

-$168.3

-$970.6

-$138.2

NET BENEFITS

-$6.4

-$0.9

B. Quantified Impacts (in non-$) — Positive Impacts

Small Businesses — Number of new preventive control plans (PCPs) developed annually

3 563

2 909

1 257

3 098

540

13 915

1 392

Medium / Large Businesses — Number of new PCPs developed annually***

13

10

10

1

1

39

4

TOTAL — Number of PCPs developed annually

3 576

2 919

1 266

3 099

541

13 955

1 395

NOTES:

* The analysis covered a 10-year time period (2018–2027).

** Numbers may not add up due to rounding.

*** Medium / large businesses would not be as impacted by the proposed Regulations as small businesses since most medium / large businesses are already in compliance with the proposed requirements.

C. Qualitative Impacts

Consumers

Positive Impacts

  • Reduced food safety risk for Canadians, which would reduce occurrences of food-borne illness and thereby reduce costs to Canadians, the national economy and the health care system
  • Increased confidence in the safety of domestic and imported food
  • Increased knowledge of the food industry
  • Increased compliance of imported food labels with Canadian food labelling requirements (e.g. bilingual labels)
  • Increased confidence in organic aquaculture products and potentially increase consumer access to these products

Food Industry

Positive Impacts

  • Level playing field regardless of the food commodity or whether it is domestic or imported food
  • Enhanced reputation for Canada as a global food safety leader, which could lead to increased international trade opportunities as well as help maintain existing and support opportunities for new market access
  • Increased international regulatory alignment with major Canadian trading partners (e.g. United States), which would help maintain existing and support opportunities for new market access
  • Increased federal regulatory alignment with provincial/territorial food safety regulations in some cases, which has the potential to lead to domestic trade opportunities
  • Increased opportunity for innovation (i.e. find more efficient and effective compliance methods) without having to wait for regulatory changes to permit it
  • Regulatory ability to respond more rapidly to changes in industry and international grade standards
  • Reduced communications with the federal government due to inconsistencies, misalignments, and interpretations of requirements from multiple sets of regulations
  • Increased knowledge and self-awareness of their processes and production
  • Food products that are a mixture of ready-to-eat meat and other non-meat ingredients would not be subject to all federal meat-specific requirements
  • Reduce production costs for preparers of processed egg products
  • Ministerial exemption application process would be streamlined, transparent and use a common approach system
  • Market access could potentially improve for food sectors that could not previously be licensed or have access to formal CFIA export certificates
  • Improved financial protection for fresh fruit and vegetable dealers
  • Increased opportunity for organic certification and ability to market products with the Canadian Organic Logo

Negative Impacts

  • Currently the non-federally registered sector would have to label non-compliant food products when they are imported or conveyed to another province and would be brought into compliance through further processing
  • Customs brokers that do not use the Integrated Import Declaration system of the Government of Canada’s Single Window Initiative would have to adjust the Automated Import Reference System (AIRS) codes used to provide information to the CFIA

Federal Government

Positive Impacts

  • The CFIA would take a consistent approach to food safety inspection and oversight, which would allow the Agency to be more effective and efficient
  • Expanded food safety regulatory coverage to include all food commodities whether domestic or imported, which would improve the Agency’s knowledge of the entire food industry and its practices
  • The CFIA would be better able to trace and sanction fraudulent and deceptive practices, which can have food safety consequences, and other issues of regulatory non-compliance
  • The Canadian Border Services Agency (CBSA) could benefit from a more streamlined approach at the border for food importers as a result of consistent admissibility requirements
  • Health Canada and Public Health Agency of Canada (PHAC) would receive more accurate and timely information when specific food issue cases arise
  • Reduced communications and discussions for Health Canada with industry and the CFIA due to inconsistencies, misalignments, and interpretations of regulatory requirements

Negative Impacts

  • The CBSA would have to assist importers at the border that do not use electronic clearance and do not have a licence

Provincial and Territorial Governments

Positive Impacts

  • Increase regulatory alignment with provincial/territorial food safety regulations in some cases

Negative Impacts

  • Need to update provincial/territorial regulatory references to CFIA food safety regulations

Sensitivity analysis

A sensitivity analysis is the portion of a cost-benefit analysis that attempts to deal with the uncertainty that is inherent in predicting the future. Sensitivity analysis involves changing key parameters and assumptions and assessing how this affects the costs and benefits of the regulatory proposal.

Given the scope of this cost-benefit analysis, there were many uncertain parameters and assumptions that could be varied for the sensitivity analysis. However, the analysis chose to focus on two key parameters and assumptions that affect basically all of the estimated impacts

In the case of the food industry growth rate, a higher rate would increase the estimated number of affected businesses, while a lower rate would decrease the number. As for the discount rate, a higher discount rate would place relatively less emphasis on estimated future impacts, while a lower rate would place relatively more emphasis on future impacts.

Note that the medium discount rate and medium food industry growth rates were used to estimate the base results of the cost-benefit analysis (i.e. the results presented in the Cost-Benefit Statement)

Sensitivity analysis — Cost-benefit summary table (CAD, constant year 2012 prices, 2018 PV base year)

Discount Rate

Food Industry Growth Rate

Annualized Benefits

Annualized Costs

Total (NPV)

Annualized Value

Low (3%)

Medium (annual growth rates)

$140,845,432

-$141,612,425

-$6,542,611

-$766,994

Medium (7%)

Medium (annual growth rates)

$137,282,025

-$138,193,247

-$6,400,040

-$911,222

High (10%)

Medium (annual growth rates)

$134,595,781

-$135,611,496

-$6,241,128

-$1,015,715

Low (3%)

Low (annual growth rates -3 percentage points)

$104,683,462

-$102,190,503

$21,265,454

$2,492,960

Medium (7%)

Low (annual growth rates -3 percentage points)

$102,844,957

-$100,527,494

$16,276,897

$2,317,464

High (10%)

Low (annual growth rates -3 percentage points)

$101,409,112

-$99,221,914

$13,439,382

$2,187,198

Low (3%)

High (annual growth rates +3 percentage points)

$188,989,219

-$196,073,050

-$60,426,520

-$7,083,832

Medium (7%)

High (annual growth rates +3 percentage points)

$182,800,561

-$189,866,397

-$49,627,478

-$7,065,836

High (10%)

High (annual growth rates +3 percentage points)

$178,228,444

-$185,278,187

-$43,317,618

-$7,049,743

The results of the sensitivity analysis suggest that the potential impact of the Regulations would be dependent on industry growth as the net impacts are positive in a low-growth scenario and negative in the medium- and high-growth scenarios.

Additionally, the sensitivity analysis examined the impact on the estimated results based on varying an assumption used for the benefit of more efficient and effective food safety recalls and investigations because of traceability (see table below). The assumption is that affected recalls would be evenly distributed among the risk classifications (i.e. low, medium, high). This assumption was made as food can become unsafe at any point along the food chain and the CFIA does not have information to indicate that the impacts on recalls would vary based on the different risk classifications.

For the sensitivity analysis, the assumption was varied where only low-risk recalls or high-risk recalls would be affected (see table below).

Sensitivity analysis — More efficient and effective food safety recalls and investigations (in millions of CAD, constant year 2012 prices, 2018 PV base year, 7% discount rate)

 

Distribution of Impact on Recalls by Risk Classification

Even Distribution

Only Impacts Low-Risk Recalls

Only Impacts High-Risk (and Some Medium-Risk) Recalls

Net Annualized Value

-$0.9

-$135.0

$134.7

This analysis shows how the estimated results are dependent on the assumed distribution. However, it should be noted that it is highly unlikely that all of the affected recalls would be either entirely high- or low-risk. This contributed to the rationale used by the analysis in choosing an even distribution.

Distributional analysis

In addition to the distributional impacts on small business presented in the Cost-Benefit Statement table, the analysis also examined the distribution of costs across the currently registered, fresh fruits and vegetables, and non-federally registered sectors. The annualized costs of the proposed Regulations are estimated to be distributed across these sectors as follows: federally registered sector — 23%, fresh fruits and vegetables sector — 35%, and non-federally registered sector — 42%.

The provincial/territorial distribution of establishments for food manufacturing and fresh fruit and vegetable producers is as follows: Alberta — 7%, British Columbia — 21%, Manitoba — 3%, New Brunswick — 4%, Newfoundland and Labrador — 2%, Nova Scotia — 4%, Ontario — 31%, Prince Edward Island — 3%, Quebec — 22%, Saskatchewan — 3%, and Northwest Territories, Nunavut and Yukon — 0.1%.

Conclusions

By focusing on the significant impacts of the regulatory proposal, the cost-benefit analysis estimated the annualized value of the costs and benefits would be approximately -$138.2 million and $137.3 million, respectively. In addition to the significant impacts that the analysis monetized, there would be numerous qualitative impacts including, but not limited to,

The estimated monetized net benefit (i.e. benefits less costs) of the regulatory proposal would have an annualized value of approximately -$0.9 million. However, this is a conservative estimate, as the principal benefit of a reduced food safety risk for Canadians was not included as a monetized benefit since there was a lack of sufficient information needed to quantify it. Nevertheless, it would be reasonable to assume that the proposed stronger food safety rules would reduce this risk for Canadians to some degree supporting the prevention of food safety incidents before they occur and supporting more efficient and effective responses when food safety incidents do occur. This change in risk would reduce occurrences of food-borne illness, thereby reducing costs to Canadians, the national economy and the health care system. For example, if the proposed Regulations reduced the occurrences of food-borne illness by

In addition to an expected reduction in the occurrences of food-borne illness, the stronger food safety rules would increase the confidence Canadians have in the safety of domestic and imported food. Also, consumers would have increased knowledge of the food industry as they would have access to a list of all licence holders. Additionally, consumers would start to see an increase in the compliance of imported food labels with Canadian requirements (e.g. bilingual labels). Finally, regulatory organic requirements would be extended to aquaculture, which would increase consumer confidence in organic aquaculture products and potentially increase consumer access to these products through expanded equivalency arrangements for imports.

The significant changes resulting from regulatory implementation would result in significant benefits for affected businesses. The estimated annualized value of these benefits is $137.3 million. The main driver of the benefits is that the proposed traceability requirements would enable food recalls and investigations to be conducted in a more efficient and effective manner, which would minimize economic loss for affected businesses.

While the benefits for affected businesses would be significant with regulatory implementation, businesses would also carry significant costs from the above- mentioned changes. The estimated annualized value of these costs would be approximately -$138.2 million, which represents less than 2% of the $7.3 billion in net revenues realized in the Canadian food manufacturing subsector. (see footnote 9) As with any new additional business cost, there is the potential for the business to attempt to “pass along” the cost to buyers (e.g. consumers). For the food industry that would be impacted by the proposed Regulations, it is a competitive industry where a significant portion of businesses are already compliant with the proposed requirements. Furthermore, because Canada is a small open economy in the global market, imported products coming from the United States (where businesses are already meeting the equivalent requirements such as the preventive controls) further intensify competition in the Canadian market. As a result, it is probable that impacted businesses in Canada would rather absorb the additional costs to at least maintain their current market share. These factors would mitigate the potential impact that the business costs would have on consumer prices while increasing the likelihood that a business would have to absorb the majority of the costs.

The main drivers of the costs are the proposed requirements for affected businesses to have a PCP and follow preventive control requirements. The main benefit for businesses that develop PCPs and follow preventive control requirements would be a reduction in the food safety risk of their product, which would contribute to potential purchasers of their food having increased confidence in its safety. Additionally, these businesses would directly benefit from having increased knowledge of their processes and production and increased alignment with international food safety requirements. This would help to maintain existing market access for Canadian businesses and support the development of new market access opportunities. Also, without the proposed broadened application of preventive control and PCP requirements, Canada would be out of step with our major trading partners who are moving to a preventive control regulatory approach to food safety, which would put market access at risk.

Medium/large businesses would be less affected by the proposed Regulations since most are already in compliance with the proposed requirements. Small businesses would be affected to a greater degree by the proposed Regulations if they are involved in importing food, or preparing food for export or for interprovincial trade.

For the CFIA, regulatory implementation would transform and modernize the Agency’s approach to food safety. However, the CFIA would not require any additional food safety funding or resources from current levels as the proposed Regulations would allow the CFIA to operate more efficiently and redistribute its food safety resources more strategically. Therefore, regulatory implementation would essentially be cost neutral for the CFIA with the exception of compliance promotion and industry engagement, which were estimated to be an annualized cost of approximately –$2.5 million. Note that as a result of CFIA compliance promotion and industry engagement the costs of dealing with importers at the border for CBSA would be negligible.

The entire cost-benefit analysis report is available by request.

“One-for-One” Rule

The “One-for-One” Rule applies and the regulatory proposal would be considered an IN under the Rule since there would be an overall increase in administrative burden. The additional burden would be primarily associated with the licensing application requirements and the record-keeping associated with the PCP and traceability requirements. However, businesses would benefit from some reduced burden (i.e. administrative relief), which would be primarily a result of the CFIA no longer requiring the registration of certain establishments and the integration of the proposed licensing system with the export certification process in the CFIA’s new automated electronic system.

The following table presents all of the requirements included in the analysis that would impose administrative burden on or provide administrative relief to businesses:

Impact Category

Task Description

Why is it an "Administrative Burden"?

Administrative Burden Imposed or Relief Provided

Overarching

Review time of CFIA food safety regulations

Familiarization with information obligations

Burden imposed

Licensing

Licence applications

Authorizations

Burden imposed

No establishment registration applications

Authorizations

Relief provided

Streamlined/integrated export certification process

Authorizations, filling out forms, compiling data

Relief provided

Preventive controls and PCPs

Implementation of preventive controls and PCPs

Collecting and retaining data

Burden imposed

Traceability

Implementation of traceability systems

Collecting and retaining data

Burden imposed

Requirements for fresh fruit and vegetable dealers

CFIA produce licence no longer required (includes DRC membership requirement)

Authorizations

Relief provided

The estimated costs of the administrative burden were based on information gathered from a literature review, cost-benefit analyses from other jurisdictions (e.g. the U.S. Food and Drug Administration), reasonable assumptions and consultation with stakeholders and CFIA subject matter experts.

The following assumptions were used to estimate the administrative burden impacts:

Administrative relief — No establishment registration applications

Administrative relief — Streamlined/integrated export certification process

Administrative relief — CFIA fresh fruits and vegetables produce licence no longer required

Administrative burden — Review time of CFIA food safety regulations

For the TIME variable, the following table provides CFIA estimates of the time required by a food preparing business (based on employee size) to review a regulation.

Review times for a food preparing business to review a regulation

Business Size

Review Time for a Regulation (Hours) for a Food Preparing Business

Number of Employees

Minimum

Maximum

Average

1 to 4

3

40

21.50

5 to 99

3

40

21.50

100 to 500

3

40

21.50

More than 500

3

40

21.50

The underlying assumption that explains why the times are the same for every business regardless of size was that reviewing (i.e. reading and understanding) a regulation does not include time to develop compliance strategies (e.g. preventive controls) and therefore would not vary due to operational complexities.

These estimated average regulatory review times represent the starting point used to estimate the times required for all food businesses based on the type of operations. In order to make the estimations, the following assumptions were made:

1. The time required to review a regulation would vary based on the operations of the business

2. For the proposed Regulations, the CFIA would have interpretive guidance, model systems and plain language examples to help reduce review times

3. For the proposed Regulations, the CFIA has conducted extensive industry consultations on the proposed Regulations, which would help further reduce review times

Based on these assumptions, the following table contains the estimated average review times for a single regulation in the baseline and regulatory scenarios for all stakeholder categories:

Review Time for a Regulation (Hours)

Business Size

BASELINE Regulations

PROPOSED Regulations

Number of Employees

Preparers for interprovincial trade or export

Importers

Interprovincial traders

Exporters

FFV primary producers

Preparers for interprovincial trade or export

Importers

Interprovincial traders

Exporters

FFV primary producers

1 to 4

21.50

5.38

1.08

5.38

21.50

9.41

2.35

0.47

2.35

9.41

5 to 99

21.50

5.38

1.08

5.38

21.50

9.41

2.35

0.47

2.35

9.41

100 to 500

21.50

5.38

1.08

5.38

21.50

8.06

2.02

0.40

2.02

8.06

More than 500

21.50

5.38

1.08

5.38

21.50

5.38

1.34

0.27

1.34

5.38

It was assumed that the percentage of time required to review the proposed Regulations that would be related to administrative burden requirements would be

For the current regulations, the percentages were assumed to be

Note that for the fish and meat sectors, it was assumed that 10% of the time required to review the current regulations would be related to administrative burden requirements as these regulations have similar requirements as the proposed Regulations (e.g. licensing/registration and record keeping for food safety and traceability). In cases of multi-food businesses that deal with meat and fish, it was assumed that 7.5% of the time would be related to administrative burden.

Administrative burden — Licence applications

Administrative burden — Implementation of PCPs and food safety requirements

PCP implementation — Data on administrative burden time by business size (i.e. number of employees)

Description

Less than 20 employees

20 to 99 employees

100 to 499 employees

Greater than 499 employees

Process Controls

Number of processes per facility

2

2

6

10

Average hours to generate calibration records per process (manager level)

0.335

0.335

0.335

0.335

Number of calibration records per process per year

24

24

24

24

Average hours to document monitoring of process controls per record (working level)

0.05

0.05

0.05

0.05

Monitoring records per process per year

365

365

365

365

Average hours to generate verification instrumentation calibration records per process (manager level)

0.335

0.335

0.335

0.335

Number of calibration records per process per year

24

24

24

24

Allergen Controls — label application review

Frequency of review per hour per line

1.5

1.5

1.5

1.5

Hours of operation per day

8

16

24

24

Days of operation per year

357

357

357

357

Hours per application record keeping (working level)

0.013

0.013

0.013

0.013

Number of production lines per facility

3

7

13

18

Sanitation Controls — monitoring and verification

Total hours per year for monitoring record keeping (supervisor level)

11.125

22.375

133.875

133.875

Administrative burden — Implementation of traceability systems

In the table below, the results for all estimated new administrative burden (i.e. costs) are presented as negative values (e.g. -$1), while the results for all estimated new administrative relief (i.e. benefits) are presented as positive values (e.g. $1).

Estimated annualized values of administrative impacts for the “One-for-One” Rule (CAD, constant year 2012 prices, 2012 PV base year**, 7% discount rate)

Impact Category

Task Description

Annualized Values

Overarching

Review time of CFIA food safety regulations

-$108,150

Licensing

Licence applications

-$100,041

 

No establishment registration applications

$99,598

 

Streamlined and integrated export certification process

$779,626

PCP

Implementation of PCPs

-$9,658,028

Traceability

Implementation of traceability systems

-$2,424,343

Requirements for fresh fruit and vegetable dealers

CFIA produce licence no longer required (includes DRC membership requirement)

$2,492

Total annualized* administrative impact on all businesses

-$11,408,846

Estimated number of affected businesses

82 285

Average annualized administrative impact per affected business

-$139

* Numbers may not add up due to rounding.

** The analysis covered a 10-year time period (2018–2027).

The estimated total annualized increase in administrative burden to all businesses would be $11,408,846. This would equate to an average annualized administrative cost per affected business of $139.

Since 2010, the CFIA has consulted extensively with businesses and industry associations on potential food safety regulations. In general, businesses have been supportive of the proposed preventive control, PCP, and traceability requirements, which are the requirements that would impose the most administrative burden. However, concerns have been expressed related to the knowledge and capacity of some small businesses in meeting the proposed regulatory requirements given the amount of potential burden.

Based on these concerns and the fact that businesses would carry significant additional administrative costs, the CFIA has designed flexibility into the proposed Regulations (e.g. staggered coming-into-force dates for preventive control, PCP, and traceability requirements) and a comprehensive suite of compliance promotion products for small businesses, to reduce the burden they face, while maintaining proposed food safety standards.

The entire “One-for-One” Rule analysis is available on request.

Small business lens

Since 2010, the CFIA has consulted extensively with small businesses (including a targeted consultation in 2015), associations that represent small businesses and that serve specific ethnic communities, and organizations that represent and assist small businesses on potential food safety regulations. Feedback has been generally supportive of the proposed regulatory framework; however, concerns were expressed related to the knowledge and capacity of some small businesses in meeting the proposed regulatory framework.

Given these concerns and the fact that small businesses who are subject to the proposed Regulations would carry significant additional administrative and compliance costs due to the proposed Regulations, the CFIA worked on the development of the proposed Regulations and the accompanying compliance promotion products to lower some of the costs faced by small businesses while maintaining proposed food safety standards.

The small business lens compares the estimated costs that would be faced by small businesses in an “initial” regulatory option with a “flexible” (i.e. lower cost) regulatory option. This comparison is done in the Regulatory Flexibility Analysis Statement. Estimates of the costs were based on information gathered from a literature review, cost-benefit analyses from other jurisdictions (i.e. U.S. FDA), reasonable assumptions, and consultation with stakeholders and CFIA staff. For the purposes of the small business lens, the proposed Regulations would represent the flexible option.

This flexible option would include (but would not be limited to)

For the small business lens, the initial option for the design of the proposed Regulations would not have any model systems, plain language guidance, PCP templates or exception from PCP requirements. Additionally, there would be a single coming-into-force date for all regulatory provisions.

In the table below, the results for all estimated costs are presented as negative values (e.g. -$1). Note that the small business lens only analyzes costs (i.e. no benefits are included).

Regulatory Flexibility Analysis Statement (CAD, constant year 2012 prices, 2018 PV base year**, 7% discount rate)

 

Initial Option

Flexible Option

Short description

  • — No model systems provided to businesses
  • — No "plain language" resources provided to businesses
  • — A single coming-into-force date
  • — No micro-business exception from PCP requirements
  • — No PCP templates available for businesses
  • — Model systems provided to businesses
  • — "Plain language" resources provided to businesses
  • — Staggered coming-into-force dates for certain food sectors
  • — Micro-business exception from PCP requirements
  • — PCP templates available for businesses

Number of small businesses impacted****

83 179

80 923

 

Initial Option

Flexible Option

 

Annualized Value ($)

Present value

Annualized Value ($)

Present value

Compliance costs

Review time of CFIA food safety regulations***

-$838,753

-$5,891,053

-$313,959

-$2,205,114

Development of traceability system

-$16,525

-$116,063

-$15,011

-$105,432

Development and documentation of PCP

-$8,764,144

-$61,555,678

-$3,606,662

-$25,331,683

Implementation of preventive controls and PCP

-$135,542,504

-$951,993,828

-$73,898,441

-$519,031,725

Preventive controls for businesses exempted from PCPs

$0

$0

-$32,925,281

-$231,253,399

Maintenance of PCP

-$9,650,149

-$67,778,610

-$6,462,298

-$45,388,477

TOTAL compliance costs*

-$154,812,075

-$1,087,335,231

-$117,221,652

-$823,315,831

Administrative costs

Review time of CFIA food safety regulations

-$282,749

-$1,985,909

-$160,256

-$1,125,574

Licence application

-$164,828

-$1,157,682

-$142,951

-$1,004,029

Implementation of traceability system

-$4,225,343

-$29,677,042

-$3,548,142

-$24,920,662

Implementation of PCP

-$29,202,482

-$205,106,015

-$14,407,359

-$101,191,264

TOTAL administrative costs

-$33,875,402

-$237,926,649

-$18,258,709

-$128,241,529

Total costs (all small businesses)

-$188,687,477

-$1,325,261,880

-$135,480,361

-$951,557,360

Total cost per impacted small business

-$2,268

-$15,933

-$1,674

-$11,759

Risk considerations

Having no model systems, plain language tools or PCP templates combined with a single coming-into-force date for all regulatory requirements would make it more difficult for small businesses to comply. This would put food safety at risk.

Model systems, plain language tools and PCP templates combined with staggered coming-into-force dates for regulatory requirements would assist small businesses with compliance. This would reduce food safety risk.

Excepted micro-businesses would still have to comply with food safety requirements. Also, the exception would only apply to very small businesses that would typically have less complex food operations (i.e. less risk of food contamination) than small, medium or large businesses.

* Numbers may not add up due to rounding.

** The analysis covered a 10-year time period (2018–2027).

*** The review of the Regulations, which was classified as a benefit by the cost-benefit analysis, was included in this cost-based small business lens analysis, as small businesses would carry significant short-term costs due to this impact, which caused its annualized value to be negative (i.e. a cost) over the 10-year time period.

**** It should be noted that the number of small businesses impacted in the initial option was greater than in the flexible option. This was due to the fact that the initial option has a single coming-into-force date in 2018, whereas the flexible option has staggered coming-into-force dates (i.e. not all small businesses in operation in 2018 would continue to be in operation by the dates in 2019, 2020 and 2021).

The flexible option is recommended for the design of the proposed Regulations by the CFIA. It was estimated that this option would reduce the average annualized cost per affected business from approximately $2,268 (i.e. initial option) to $1,674 (i.e. flexible option). This would result in an estimated average annualized savings of $594 per affected small business. The total savings for all small businesses would have an annualized value of $53.2 million.

It is estimated that approximately 8 606 businesses that do not already have a PCP would be eligible for the exception from the PCP requirements.

For small businesses in the food manufacturing sector, the average net profit/loss was +$18,600 in 2014. So the estimated costs per impacted small business would represent about 9% profits. That said, in this sector 70% of businesses are profitable versus 30% that are non-profitable. The profitable businesses have an average net profit of $64,000, so the impact of the costs on profit would be less (2.6%). The non-profitable businesses have an average net loss of $85,000 so the additional costs would not significantly increase these losses.

The completed Small Business Lens Checklist is included as an appendix to the RIAS. The entire small business lens analysis is available by request.

Consultation

The CFIA undertook significant engagement with stakeholders as it developed the proposed Regulations. This included hosting two major food safety forums since 2013 that were attended by industry, academia, consumer groups, and other stakeholders. The CFIA also released discussion documents in 2013, 2014, and 2015.

Since 2013 the CFIA has participated in over 300 external stakeholder events where the proposed regulatory framework was presented and discussed and has reached thousands of individuals through webinars and face-to-face sessions. Stakeholders, including other federal departments and agencies, provincial and territorial governments, international trading partners, food businesses, industry associations, and consumers, have responded by sending in over 100 detailed submissions in relation to the proposed regulatory framework. Overall, industry is supportive of the proposed direction, which is seen as being consistent with global approaches to food safety and aligned with the U.S. FSMA.

The CFIA’s most recent consultations were in response to concerns that were expressed in previous consultations about the ability and capacity of small businesses to meet the proposed requirements. In April 2015, the CFIA launched a targeted consultation with micro and small businesses on options for reducing costs that would be imposed by the Regulations. This engagement occurred through multiple channels including face-to-face sessions, webinars, and an on-line survey. In addition, a version of the draft preliminary regulatory text, as it then read, was released publicly for stakeholder review and comment in April 2015.

Key messages and themes expressed by stakeholders

Stakeholders expressed support for the proposed regulatory approach

Support was expressed for the HACCP-basis of the preventive control requirements as long as those requirements align with internationally recognized standards, and as long as those requirements are consistent with the requirements of existing CFIA-recognized HACCP-based systems (e.g. the Food Safety Enhancement Program, the Quality Management Program for fish).

Support was expressed from the domestic and international fresh fruit and vegetable industry for

Consumers were generally supportive of the proposal and felt that licensing and consistent food safety requirements across all sectors are a step in the right direction. Some did express concerns that this could lead to higher prices for food products.

Concerns

A number of concerns were highlighted during the consultations.

1. Many importers currently operate from outside of Canada. A requirement to have a Canadian fixed place of business could result in significant costs associated with setting up an office in Canada.

CFIA response: The proposed Regulations would allow for importers who do not have a fixed place of business in Canada to hold a licence if they have a fixed place of business in a foreign state that has a food safety system that provides at least the same level of protection to that of Canada. Canada has such an arrangement with the U.S. Food and Drug Administration, which was signed in 2016.

2. The proposed regulatory approach could present a significant burden to small businesses that are currently not familiar with the CFIA, or have limited knowledge of HACCP.

Several associations representing small business recommended that the written PCP exception level be raised significantly from $30,000 in annual gross sales, but this represented a minority of stakeholders that provided feedback during the CFIA’s 2015 consultation on this subject. In contrast, strong support for the proposed exemption amount was expressed by the majority of industry stakeholders during the consultation. This view is supported by recent FDA research which suggested that food risks/hazards are not dependent on the size of an operation. (see footnote 12) Indeed, some industry stakeholders expressed the view that there should not be an exception at all.

CFIA response: The proposed Regulations would include an exception from the written PCP requirements for businesses in some sectors with annual gross food sales from the previous 12 months of $30,000 or less at the time of applying for the licence. This threshold is consistent with the goods and services tax / harmonized sales tax (GST/HST) account registration requirements for small suppliers under the Excise Tax Act. These businesses would still, however, require a licence for basic oversight and compliance promotion, and would be required to meet other regulatory requirements, including preventive controls. Licensing, traceability, and preventive control requirements would also be phased in so that sectors which have not previously been subject to these requirements would have more time to adapt to them. Additional time will be provided to some businesses with annual gross food sales of $30,000 or less, and no more than four employees. Plain language guidance documents, model systems, and tools would be available to help small businesses meet these requirements.

Training

3. The need for a comprehensive training system to support the implementation of the proposed Regulations was the focus of a number of stakeholder comments during the 2013 and 2014 consultations. These comments, often from industry and academic stakeholders, indicated the need for the CFIA to provide inspector training that will allow inspectors to consistently enforce any new requirements and to stay abreast of new technologies used to prepare food.

CFIA Response: The CFIA is developing a Learning and Training Architecture that includes improved recruitment, standardized training, supported technology information solutions and enhanced proactive science capacity. In addition, under a new private-public partnership, Safe Food Canada — The Learning Partnership, the CFIA is collaborating with key stakeholders from industry, academia, and provincial/territorial governments to explore the development of a national training and certification curriculum for food safety. This initiative has the potential to standardize professional development for regulators and all employees in the food industry.

Regulatory cooperation

The proposed Regulations would allow Canada to keep pace with food regulatory modernization initiatives being pursued by its trading partners, in particular with the United States, which is Canada’s largest export market for food. There is good alignment between the approaches in the proposed Regulations and in the FSMA rules. Both frameworks note the importance of broadly applied preventive approaches, and both frameworks recognize the primary role that industry plays in the preparation and import of safe food. Food businesses in both countries will be required to have a licence or registration, have good manufacturing practices, have traceability requirements, perform hazard analysis, establish preventive controls, and conduct monitoring. Both the United States and Canada will help small businesses in meeting the new food safety requirements of new regulations by providing assistance through plain language guidance documents, interactive decision tools, and phased-in application dates. The concurrent nature of work on FSMA and work on the proposed Regulations has allowed the CFIA to use this as an opportunity to align our approaches with those of the United States or to minimize differences where it was possible and appropriate to do so.

Some differences exist, namely in the scope of the application of the rules. The U.S. rules apply to all food producers — including those whose product remains in the same state or is sold locally. The proposed Regulations would generally only apply to businesses that import food or prepare food for export or interprovincial trade, and would not apply to those food producers that trade solely within a province (with the exception of some provisions). The FSMA also does not apply to those products that are regulated by the U.S. Department of Agriculture (meat, poultry, and certain egg products) whereas the proposed Regulations would apply to these products that fall under the CFIA’s mandate.

The proposed Regulations and the FSMA’s requirements provide generally similar exemptions. The FSMA provides exemptions for specific business types (e.g. restaurants, food retail establishments, certain farms) and exempts certain products (e.g. alcoholic beverages, certain fresh fruits and vegetables that are rarely consumed raw, and raw agricultural products). These exemptions are generally consistent with those in the proposed Regulations (e.g. alcoholic beverages, food additives, grains, oilseeds).

The FSMA rules offer “modified requirements” rather than exemptions for what it describes as “qualified facilities.” Qualified facilities can either be “very small businesses” or facilities that average less than US$500,000 in annual sales and that sell over half of their production to “qualified end-users” (i.e. direct to consumers, restaurants, retail establishments) not more than 275 miles away. In place of a documented PCP, these facilities must attest to the FDA that they have identified hazards and implemented preventive controls, and continue to monitor them and retain appropriate documents.

In defining “very small businesses” the FDA noted that the results of its study of the U.S. food processing sector revealed that even in the smallest category of businesses in the U.S. processed food sector (i.e. those with fewer than 20 employees), nearly all had substantial annual sales that exceed $1 million. (see footnote 13) The FDA noted that its goal in establishing this definition was to exempt only a small percentage of U.S. food from coverage of this rule in order to minimize the risk of food-borne illness. In light of this, the FDA concluded that a “very small business” definition of business with sales under $1 million was appropriate as it would exempt less than 1% of the dollar value of food produced in the United States. (see footnote 14) Thus, the modified requirements would only be available to the very smallest businesses and would account for 0.6% of annual U.S. food sales. (see footnote 15)

The requirements described in the proposed Regulations would also help to sustain a major achievement under the RCC, the Food Safety Systems Recognition Arrangement. This arrangement between the U.S. Food and Drug Administration (FDA), Health Canada, and the CFIA was signed in April 2016 and it recognizes that the U.S. and Canadian food safety control systems provide a similar level of public health protection. By recognizing each other’s systems, the U.S. FDA and Canada are expressing that they have confidence that they can leverage each other’s science-based regulatory systems. For example, the agreement allows the importing country to consider the exporting country’s comparable level of oversight.

The changes introduced in the proposed Regulations are important for maintaining this arrangement as they would keep the Canadian and U.S. approaches comparable.

Rationale

Canada has one of the best food safety systems in the world, but this system must continue to adapt and improve as the food safety environment evolves. Approximately 82 000 businesses of all sizes are deeply integrated into supply chains that prepare and import Canada’s food. In these integrated chains, smaller businesses often supply foods used as ingredients by larger businesses and problems can occur at any stage of preparation (e.g. prior to import, during preparation, during distribution). In such a system, when problems do occur they can quickly become widespread geographically and affect multiple sectors. At the same time, consumers are demanding more information in order to make informed decisions about the foods they purchase.

Industry integration is observed in many countries and foreign regulators and international standard-setting bodies (i.e. Codex) are increasingly advocating the use of systems-based, preventive approaches that identify potential hazards to foods and appropriate controls in order to prevent food safety problems before they occur. They are also advocating the adoption of other practices, such as record keeping, to help recall food products from the market quickly in the event of a food safety incident.

The proposed Regulations would address changes to risks and changes in business practices by establishing a modern and robust legislative framework for food that is prepared in Canada or imported into Canada. The proposed Regulations would also provide new authorities to prevent food safety incidents, respond quickly when incidents occur, and maintain market access.

The proposed Regulations would also better align Canada with international approaches by increasing the consistency of the application of these principles and approaches in Canada in a way that focuses on preventing food safety incidents and recognizes the primary role that industry plays in the preparation and import of safe food. For example, Codex guidance on traceability will be applied to a broader range of food businesses. This will address the risk from situations where recall is hindered because a business is unable to provide information regarding where that food originated and where it was sent.

Codex guidance suggesting the broad application of preventive approaches is reflected in the requirement for preventive controls and PCPs (subject to certain exceptions) in the proposed Regulations. These requirements would apply to certain food businesses importing food, or preparing food for export or for interprovincial trade. The choice to broadly apply these approaches also recognizes the integrated nature of Canadian food supply chains that integrate businesses conducting activities representing different levels of risk. The requirements in the proposed Regulations also reflect the lessons learned from previous food safety incidents. Other means of carrying out compliance verification and enforcement, such as increased sampling and testing, are more intrusive and costly and would reduce industry accountability.

While the non-federally registered food sector and the fresh fruit and vegetable sector have not been subject to preventive control requirements in the past, many within these sectors have already adopted preventive controls and traceability measures through voluntary programs. That said, there is still a significant number that have not and the proposed Regulations would have the greatest effect on these businesses — which are often small.

Small business activities are often simple and have few controls to implement. In these cases it is relatively simple for an inspector to verify that the business poses a lower food safety risk and is meeting its preventive control requirements. As a business increases in size (i.e. as revenues increase), its activities often become more complex (i.e. they conduct more sophisticated operations, increase their volume of production, increase their number of employees). This increased complexity makes it difficult to perform effective inspections without written documentation, such as a PCP.

This difference in complexity and its associated risks have led the CFIA to provide an exception to the PCP requirements for certain micro-businesses with gross annual sales of $30,000 or less that sell interprovincially, import or export. This provides an exception for a number of businesses (i.e. ~9 500 out of ~82 000 total food businesses) that does not substantially weaken the effectiveness of the PCP requirement (i.e. increase food safety risks). The $30,000 threshold was also chosen since it is aligned with the GST/HST exemption limit and offers a straightforward means to identify micro-businesses. In addition, to help mitigate the costs of new requirements while continuing to support an acceptable level of system-wide food safety, the CFIA is proposing a number of measures to enhance compliance including “model systems,” plain language guidance documents, PCP templates, and staggered coming-into-force dates for certain requirements in certain sectors that would be included in the proposed Regulations.

The proposed Regulations would also streamline existing regulations to reduce the potential for inadvertent differences and duplications. Modification of commodity-specific requirements for meat products that are a mix of ready-to-eat meat products and other ingredients (e.g. frozen pepperoni pizza) will reduce duplicate requirements. In this situation the meat would already have been subject to food safety requirements for ready-to-eat meat products earlier in the chain of preparation and would not be subject to a second set of regulations for ready-to-eat meat when it is incorporated into the final food product. Streamlining will also address non-food safety requirements (e.g. standards of identity) in a more consistent manner that is flexible enough to accommodate new industry practices.

As other countries modernize their food safety requirements, Canada will need to demonstrate that comparable domestic requirements are in place to maintain market access. This is important given that Canada exported approximately $25.4 billion of food in 2013, a 31% increase from 2009, and exports are significant contributors to the Canadian economy and the Canadian food industry, which is valued at approximately $87.9 billion.

Overall, the proposed Regulations would have several benefits. For consumers, a broader range of foods sold in Canada would be subject to requirements that focus on preventing food safety risks and enable a faster response in the event of a food safety emergency. Beyond a more effective and efficient inspection system, the proposed Regulations are expected to yield cost savings to governments and Canadians through a reduction in food-borne illnesses and costs to the health care system. In addition, implementing the proposed Regulations would be the most cost-effective approach for Government as inspectors would be designated under one act, rather than four (i.e. the CAPA, FIA, MIA and CPLA) and would be trained to a consistent inspection approach enabling deployment to the sectors of highest risk.

Finally, industry would benefit from increased consumer confidence in their products, enhanced market access opportunities through regulatory alignment with major trading partners and less-costly or fewer investigations and recalls. Overall, it is estimated that industry would derive a net benefit from the new streamlined licensing system and more targeted efficient recalls.

Implementation, enforcement and service standards

The CFIA is proposing a phased approach for the coming into force of the proposed Regulations that reflects the different levels of industry readiness and the concerns of small businesses. Table 1 provides an overview of the phased implementation.

Table 1. Overview of phased implementation timelines

 

Meat, Fish, Eggs, Processed Egg, Dairy, Processed Products, Honey, Maple products

Fresh Fruits and Vegetables

All Other Foods (see footnote 16)

>$30K and ≥5 Employees

>$30K and <5 Employees

≤$30K

Licence (see footnote 19)

Immediately

+ 2 years

+ 2 years

+ 2 years

Traceability

Immediately (+1 year for growers and harvesters of fresh fruits and vegetables)

+ 2 years

+ 2 years

+ 2 years

Preventive controls (see footnote 20)

Immediately

+ 1 year

+ 2 years

+ 3 years

+ 3 years

Written PCP (see footnote 21)

Immediately

+ 1 year

+ 2 years

+ 3 years

Not required (see footnote 22)

The CFIA will maintain open and transparent communication with stakeholders to facilitate the transition and implementation period for the proposed Regulations through the CFIA website.

When the SFCA comes fully into force, it will repeal the CAPA, the FIA, the MIA and the food-related provisions of the CPLA. Two federal legislative regimes within the CFIA mandate would apply to food in Canada — the FDA and the SFCA. Food prepared for sale only within provinces will continue to be subject to the requirements of the FDA that generally apply to all food in Canada and to some requirements of the SFCA.

Implementation of the proposed Regulations would be supported by

Compliance and enforcement

The CFIA uses a range of tools to verify compliance, including inspections, surveillance, sampling, and testing. When non-compliance is determined, the CFIA takes enforcement action commensurate with the seriousness of the non-compliance. Under the proposed Regulations, the Minister may suspend or cancel a licence. For example, a licence would be suspended immediately, upon notice, where there is a risk of injury to human health. This enforcement tool would be in addition to other compliance and enforcement tools and measures available to inspectors, including food product seizure and detention, an order to remove a product from Canada, and a recall order, and/or penalties such as the issuance of an administrative monetary penalty under the Agriculture and Agri-Food Administrative Monetary Penalties Act.

Performance measurement and evaluation

It is expected that the proposed Regulations would improve the ability of the CFIA and regulated parties to prevent and manage food safety risks, better protect consumers, and maintain and expand market access for Canada. The CFIA is developing a food program performance framework to measure how well its activities, processes, and services contribute to these outcomes.

The CFIA is developing performance indicators to measure the performance of the Regulations, once they come into force. These indicators will allow the CFIA to monitor and assess whether the Regulations are achieving the goal of increasing food safety in Canada. To date, the following indicators have been proposed for this purpose:

  1. Increase in the number of CFIA-licensed food manufacturers that have a system in place to promote food safety (target: to be determined) [source: CFIA internal data]; and
  2. Increase in the number of CFIA-licensed food importers that have a system in place to promote food safety (target: to be determined) [source: CFIA internal data].

Contact

Richard Arsenault
Executive Director
Domestic Food Safety Systems and Meat Hygiene Directorate
Canadian Food Inspection Agency
1400 Merivale Road, Tower 1
Ottawa, Ontario
K1A 0Y9
Telephone: 613-773-6156
Email: CFIA-Modernisation-ACIA@inspection.gc.ca

Small Business Lens Checklist

1. Name of the sponsoring regulatory organization:

Canadian Food Inspection Agency

2. Title of the regulatory proposal:

Safe Food for Canadians Regulations

3. Is the checklist submitted with a RIAS for the Canada Gazette, Part I or Part II?

Canada Gazette, Part I ☐ Canada Gazette, Part II

A. Small business regulatory design

I

Communication and transparency

Yes

No

N/A

1.

Are the proposed Regulations or requirements easily understandable in everyday language?

The majority of the provisions of the proposed Regulations are easily understandable in everyday language. Some sections however, are technical in nature. Plain language tools will be developed in everyday, non-technical language and will be targeted to different affected stakeholder groups to explain the regulatory requirements. For example, importers would have guidance tailored to their specific needs, as would businesses who prepare food for inter-provincial trade.

2.

Is there a clear connection between the requirements and the purpose (or intent) of the proposed Regulations?

3.

Will there be an implementation plan that includes communications and compliance promotion activities, that informs small business of a regulatory change and guides them on how to comply with it (e.g. information sessions, sample assessments, toolkits, websites)?

4.

If new forms, reports or processes are introduced, are they consistent in appearance and format with other relevant government forms, reports or processes?

II

Simplification and streamlining

Yes

No

N/A

1.

Will streamlined processes be put in place (e.g. through BizPaL, Canada Border Services Agency single window) to collect information from small businesses where possible?

2.

Have opportunities to align with other obligations imposed on business by federal, provincial, municipal or international or multinational regulatory bodies been assessed?

3.

Has the impact of the proposed Regulations on international or interprovincial trade been assessed?

4.

If the data or information, other than personal information, required to comply with the proposed Regulations is already collected by another department or jurisdiction, will this information be obtained from that department or jurisdiction instead of requesting the same information from small businesses or other stakeholders? (The collection, retention, use, disclosure and disposal of personal information are all subject to the requirements of the Privacy Act. Any questions with respect to compliance with the Privacy Act should be referred to the department’s or agency’s ATIP office or legal services unit.)

The data or information, other than personal information, required to comply with the proposed Regulations is not already collected by another department or jurisdiction.

5.

Will forms be pre-populated with information or data already available to the department to reduce the time and cost necessary to complete them? (Example: When a business completes an online application for a licence, upon entering an identifier or a name, the system pre-populates the application with the applicant’s personal particulars such as contact information, date, etc. when that information is already available to the department.)

The type of information currently collected by the CFIA varies by food program and differs from the information that will be required under the regulatory proposal. However, the information will be pre-populated for renewal or in the case of amendment or application for other licences or permissions granted by the CFIA.

6.

Will electronic reporting and data collection be used, including electronic validation and confirmation of receipt of reports where appropriate?

7.

Will reporting, if required by the proposed Regulations, be aligned with generally used business processes or international standards if possible?

8.

If additional forms are required, can they be streamlined with existing forms that must be completed for other government information requirements?

The forms required under the proposed Regulations cannot be streamlined with existing forms required for other government information requirements, as the information required is not currently being collected.

III

Implementation, compliance and service standards

Yes

No

N/A

1.

Has consideration been given to small businesses in remote areas, with special consideration to those that do not have access to high-speed (broadband) Internet?

2.

If regulatory authorizations (e.g. licences, permits or certifications) are introduced, will service standards addressing timeliness of decision making be developed that are inclusive of complaints about poor service?

3.

Is there a clearly identified contact point or help desk for small businesses and other stakeholders?

B. Regulatory flexibility analysis and reverse onus

IV

Regulatory flexibility analysis

Yes

No

N/A

1.

Does the RIAS identify at least one flexible option that has lower compliance or administrative costs for small businesses in the small business lens section?

Examples of flexible options to minimize costs are as follows:

  • Longer time periods to comply with the requirements, longer transition periods or temporary exemptions;
  • Performance-based standards;
  • Partial or complete exemptions from compliance, especially for firms that have good track records (legal advice should be sought when considering such an option);
  • Reduced compliance costs;
  • Reduced fees or other charges or penalties;
  • Use of market incentives;
  • A range of options to comply with requirements, including lower-cost options;
  • Simplified and less frequent reporting obligations and inspections; and
  • Licences granted on a permanent basis or renewed less frequently.

2.

Does the RIAS include, as part of the Regulatory Flexibility Analysis Statement, quantified and monetized compliance and administrative costs for small businesses associated with the initial option assessed, as well as the flexible, lower-cost option?

3.

Does the RIAS include, as part of the Regulatory Flexibility Analysis Statement, a consideration of the risks associated with the flexible option? (Minimizing administrative or compliance costs for small business cannot be at the expense of greater health, security or safety or create environmental risks for Canadians.)

4.

Does the RIAS include a summary of feedback provided by small business during consultations?

V

Reverse onus

Yes

No

N/A

1.

If the recommended option is not the lower-cost option for small business in terms of administrative or compliance costs, is a reasonable justification provided in the RIAS?

The recommended option is the lower-cost option.

PROPOSED REGULATORY TEXT

Notice is given that the Governor in Council proposes to make the annexed Safe Food for Canadians Regulations pursuant to

Interested persons may make representations concerning the proposed Regulations within 90 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Richard Arsenault, Executive Director, Domestic Food Safety Systems & Meat Hygiene Directorate, Canadian Food Inspection Agency, 1400 Merivale Road, Tower 1, Ottawa, Ontario K1A 0Y9 (tel.: 613-773-6156; email: CFIA-Modernisation-ACIA@inspection.gc.ca).

Ottawa, December 15, 2016

Jurica Čapkun
Assistant Clerk of the Privy Council

Safe Food for Canadians Regulations

PART 1

Interpretation

Definitions

1 (1) The following definitions apply in these Regulations.

Act means the Safe Food for Canadians Act. (Loi)

brine pack or packed in brine, in respect of a processed fruit or vegetable product, means that the product is in a package in which a water and salt solution is used as the liquid packaging medium, with or without the addition of sugar. (conservé dans la saumure ou mis en conserve dans la saumure)

carcass means the body of a dead animal. (carcasse)

case, in respect of eggs, means a package that is intended to contain 30 dozen eggs. (caisse)

catch-weight food means food that, because of its nature, cannot normally be portioned to predetermined fixed quantities and is, as a result, usually sold in containers of different quantities. (aliment à poids variable)

close proximity, in respect of an item of information that is shown on a label, means immediately adjacent to the item of information and without any intervening printed, written or graphic matter. (à proximité)

commercial sterility means the condition of a food that has been subjected to a thermal treatment, alone or in combination with other treatments, to render the food free from viable forms of micro-organisms, including spores, that are capable of growing in the food at temperatures at which the food is intended to be normally kept during storing, conveying and selling. (stérilité commerciale)

common name, with reference to a food, means

Compendium means the document entitled Canadian Grade Compendium, prepared by the Agency and published on its website, as amended from time to time. (Recueil)

condemn means to identify a food animal, its carcass, the parts of its carcass or its blood as inedible following a determination by an inspector to that effect. (condamner)

consumer prepackaged, in respect of a food, means packaged in a container in the manner in which the food is ordinarily sold to or used or purchased by an individual — or in which the food may reasonably be expected to be obtained by an individual — without being repackaged, to be used for non-commercial purposes. (de consommation préemballé)

container means an outer receptacle or covering that is used or to be used in connection with a food. It includes a wrapper and a confining band but does not include a conveyance or any container that is an integral part of a conveyance. (contenant)

contaminated, in respect of a food, means that the food, among other things,

cured, in respect of an edible meat product, means that salt and at least 100 p.p.m. of sodium nitrite, potassium nitrite, sodium nitrate or potassium nitrate, or any combination of them, has been added to the meat product. (saumuré)

dairy product means milk or a food that is derived from milk, alone or combined with another food, and that contains no oil and no fat other than that of milk. (produit laitier)

dress means to dress a carcass in accordance with subsection 144(1). (habiller)

drug has the same meaning as in section 2 of the Food and Drugs Act. (drogue)

dye mark means an ink mark that consists of the word “dyed” or “teint” or a deposit of ink that is applied to an egg’s shell by the holder of a licence to grade eggs. (marque de teinture)

egg means an egg of a domestic chicken of the species Gallus domesticus or, in respect of a processed egg product, means that egg or an egg of a domestic turkey of the species Meleagris gallopavo. It does not include a balut. (œuf)

egg carton means a package that is capable of being closed and that is intended to contain not more than 30 eggs in separate compartments. (boîte à œufs)

eviscerate means

Fees Notice means the document entitled Canadian Food Inspection Agency Fees Notice, published by the Agency on its website, as amended from time to time. (Avis sur les prix)

fish includes shellfish, crustaceans and other marine animals, and any of their parts, products and by-products. (poisson)

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

food additive has the same meaning as in subsec- tion B.01.001(1) of the Food and Drug Regulations. (additif alimentaire)

food animal means a bird or mammal, other than a marine mammal, from which an edible meat product may be derived. (animal pour alimentation humaine)

fresh fruit or vegetable means a fresh plant or fresh edible fungus, or part of such a plant or fungus, that is a food. It does not include a food referred to in subparagraph 9(2)(c)(i). (fruit ou légume frais)

game animal means a wild animal that is a food animal — including an animal that lives in an enclosed territory under conditions of freedom similar to those of wild animals — that is hunted under a licence issued by a province. (gibier)

gelling agent has the same meaning as in subsection B.01.001(1) of the Food and Drug Regulations. (agent gélatinisant)

heavy pack, in respect of a processed fruit or vegetable product, means a package in which the minimum amount of water required for proper processing of the product is used as the liquid packaging medium. (conserve épaisse)

hermetically sealed package means a package that is designed to be and is secure against the entry of micro-organisms, including spores. (emballage hermétiquement scellé)

inedible, in respect of a food, means that the food is not fit for use as food. (non comestible)

licence means a licence that is issued under paragraph 20(1)(a) or (b) of the Act. (licence)

maple product means a food that is obtained exclusively by the concentration of maple sap or maple syrup. (produit de l’érable)

maple sap means sap that is obtained exclusively from trees of the genus Acer. (sève d’érable)

meat means the edible part of the carcass of a food animal, that is, the muscle associated with the skeleton, tongue, diaphragm, heart, gizzard or mammalian oesophagus, with or without accompanying and overlying fat, together with those parts of the bones, skin, sinews, nerves, blood vessels and other tissues that normally accompany the muscle and are not normally removed in dressing a carcass. It does not include the muscles associated with the lips, snout, ears or scalp, mechanically separated meat or meat to which an ingredient other than meat has been added. (viande)

meat by-product means the edible blood of a food animal or an edible organ or tissue that is derived from the carcass of a food animal. It does not include meat or mechanically separated meat. (sous-produit de viande)

meat product means the carcass of a food animal, the blood of a food animal or a product or by-product of its carcass, and any other food that contains the blood of a food animal or a product or by-product of its carcass. It does not include

mechanically separated meat means an edible meat product that is obtained by removing most of the bone and cartilage from a comminuted meat product from which the bone and cartilage was not previously removed and that does not contain more than 0.027% calcium for every 1% protein or any bones or bone fragments larger than 2 mm. (viande séparée mécaniquement)

metric unit means a unit of measurement set out in Schedule I to the Weights and Measures Act. (unité métrique)

organic product means a food commodity that has been certified as organic either under subsection 342(1) or as described in subparagraph 354(1)(a)(ii). (produit biologique)

ornamental container means a container that, except on the bottom, does not bear any advertising material, 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, is sold as a decorative item in addition to being sold as the container of a food. (contenant décoratif)

poultry carcass means the carcass of a slaughtered turkey, duck, goose, guinea fowl or bird of the species Gallus domesticus. (carcasse de volaille)

prepackaged, in respect of a food, means packaged in a container in the manner in which the food is ordinarily sold to or used or purchased by a person. (préemballé)

President means the President of the Agency. (président)

principal display panel means

principal display surface, in respect of the container of a consumer prepackaged food, means

processed egg product means any food for which a standard is set out in Volume 2 of the Standards of Identity Document. (produit d’œufs transformés)

processed fruit or vegetable product means any food

ready-to-eat, in respect of a meat product, means that it has been subjected to a treatment or process that is sufficient to inactivate vegetative pathogenic micro-organisms or their toxins and control spores of food-borne pathogenic bacteria so that the meat product does not require further preparing before consumption except washing or thawing or exposing it to sufficient heat to warm it without cooking it. (prêt à manger)

refrigerated, in respect of a food, means that it is exposed to a temperature of 4°C or less, without being frozen. (réfrigéré)

sanitary conditions means conditions or circumstances that do not present a risk of contamination of a food. (conditions hygiéniques)

shellfish means a bivalve mollusc of the class Bivalvia or a carnivorous marine mollusc of the class Gastropoda, or any product that is derived from one of those molluscs. (mollusque)

solid pack, in respect of a processed fruit or vegetable product, means a package in which the fruits or vegetables have been partially or wholly precooked before processing so as to allow the fruits or vegetables to pack closely with the minimum amount of free liquid. (conserve compacte)

Standards of Identity Document means the document entitled Canadian Standards of Identity, prepared by the Agency and published on its website, as amended from time to time. (Document sur les normes d’identité)

tray, in respect of eggs, means a package, other than an egg carton, that is intended to contain not more than 30 eggs in separate compartments. (plateau)

vacuum pack, in respect of a processed fruit or vegetable product, means in a package in which a minimum amount of liquid packaging medium is used and in which a vacuum is created mechanically. (conservé sous vide)

wine means an alcoholic beverage that meets the standard set out in section B.02.100 of the Food and Drug Regulations. (vin)

Foreign state

(2) For the purposes of these Regulations, a reference to “foreign state” includes a reference to a WTO Member as defined in subsection 2(1) of the World Trade Organization Agreement Implementation Act.

Terms used in documents incorporated by reference

(3) For the purpose of the incorporation by reference into these Regulations of any documents prepared by the Agency, terms that are used but not defined in those documents have the same meaning as in these Regulations.

Definition prepare — producing

2 (1) Subject to subsection (2), for the purpose of the definition prepare in section 2 of the Act, producing, including growing and harvesting, is a prescribed activity.

Exception

(2) In Parts 1 to 10, 12 and 13, the activity prescribed under subsection (1) is limited, for any food commodity other than an organic product, to the growing or harvesting of fresh fruits or vegetables.

Documents — official languages

3 For greater certainty, any document that is required under these Regulations to be prepared, kept or maintained must be prepared, kept or maintained in at least one official language.

Clarification — “prepackaged”

4 For greater certainty, a reference to “prepackaged” in respect of a food is, unless otherwise provided, a reference to a consumer prepackaged food and to a prepackaged food other than a consumer prepackaged food.

PART 2

Trade

DIVISION 1
General

Subsection 10(1) of Act

5 (1) For the purpose of subsection 10(1) of the Act, the prescribed food commodity that it is prohibited to send or convey from one province to another — or to import or export — except in accordance with these Regulations is any food commodity.

Subsection 10(2) of Act

(2) For the purpose of subsection 10(2) of the Act, the prescribed food commodity that it is prohibited to import without a licence is a food other than a food referred to in any of paragraphs 9(2)(a) to (c).

Subsection 10(3) of Act

(3) For the purpose of subsection 10(3) of the Act, the prescribed food commodity that it is prohibited to send or convey from one province to another — or to import or export — unless it meets the requirements of these Regulations is any food commodity.

Section 12 of Act

6 For the purpose of section 12 of the Act, the prescribed food commodity that it is prohibited to have in one’s possession for the purpose of sending or conveying from one province to another — or for the purpose of exporting — unless it meets the requirements of these Regulations is any food commodity.

Subsection 13(1) of Act

7 (1) For the purpose of subsection 13(1) of the Act, the prescribed food commodity that is to be exported or to be sent or conveyed from one province to another is any food commodity and the prescribed activities that it is prohibited to conduct in respect of that food commodity, except in accordance with these Regulations, are

Subsection 13(2) of Act

(2) For the purpose of subsection 13(2) of the Act, the prescribed food commodities that are to be exported or to be sent or conveyed from one province to another are a food, other than a food referred to in paragraph 9(2)(a) or (b), and a food animal and the prescribed activities that it is prohibited to conduct in respect of those food commodities without a licence are

Interprovincial trade, import and export

8 Any food that is sent or conveyed from one province to another or that is imported or exported

Import

9 (1) Any food that is imported must have been manufactured, prepared, stored, packaged and labelled in a manner and under conditions that provide at least the same level of protection as that provided by sections 44 to 82.

Exception

(2) Subsection (1) does not apply in respect of

Exception

(2) Subsection (1) does not apply in respect of the foods referred to in paragraphs 9(2)(a) to (c).

In transit

(3) For the purpose of subsection (1), if the food passes only in transit through the foreign state from which the person carries on business related to the food, the person is not considered to have sent or conveyed the food directly to Canada from that foreign state.

Import information and fee

11 (1) A person who imports a food must pay the applicable fee set out in the Fees Notice and provide the following import information to the Minister:

Meat products

(3) For the purpose of subsection (2), the foods set out in paragraphs 24(a) and (b) are not to be considered meat products.

Import — further inspection

12 (1) If an inspection is conducted at the time of the import and an inspector determines that a further inspection is required,

Meat products

(2) For the purpose of subsection (1), the foods set out in paragraphs 24(a) and (b) are not to be considered meat products.

Exception

(3) Paragraph (1)(b) does not apply if the Minister authorizes, under subsection 11(2), that the import information be provided after the import.

Interprovincial trade and export

13 (1) Any food that is sent or conveyed from one province to another or that is exported must meet the following requirements:

Exception

(2) Subsection (1) does not apply in respect of the foods referred to in paragraphs 9(2)(a) and (b).

Exemption

(3) A person may export a food in respect of which a requirement of these Regulations has not been met if the food has a label applied or attached to it that bears the word “Export” or “exportation” and if

Export certificates

14 (1) To obtain a certificate or other document referred to in section 48 of the Act in respect of a food commodity, a person must

Prescribed food commodity

(2) For the purpose of paragraph (c) of the definition food commodity in section 2 of the Act, a prescribed food commodity is any commodity that is derived from an animal or plant, or any of its parts,

Exemption

(3) The food commodity referred to in subsection (2) is exempted from the application of any provision of the Act and these Regulations that is not necessary to give effect to this section. For greater certainty, the exemption does not include section 6 of the Act.

Inspection before export

(4) Before the Minister issues the certificate or other document referred to in section 48 of the Act, the Minister may require that an inspection be conducted before the food commodity is exported.

Inspection — fee and accessibility

(5) If an inspection is required, the applicant must pay the applicable fee set out in the Fees Notice and must make the food commodity readily accessible to an inspector at the time of inspection.

Exemption — non-compliant food

15 (1) A person may send or convey from one province to another or import a food that does not meet the requirements of the Act or these Regulations — other than the requirements set out in Volume 4 of the Standards of Identity Document and the requirements set out in section 186 as that section relates to fresh fruits or vegetables, processed fruit or vegetable products or honey, sections 187 to 190, and section 301 as that section relates to fresh fruits or vegetables or processed fruit or vegetable products — if

Prohibition — mixture

(3) It is prohibited for a person to mix a food referred to in subsection (1) that is contaminated with a food that is not contaminated so that it meets the requirements of the Act and these Regulations, unless authorized to do so by the Minister if the Minister is of the opinion that no risk of injury to human health will result.

Exemption — import for export

16 (1) A person may import a food that does not meet the requirements of the Act or these Regulations — other than the requirements set out in Volume 4 of the Standards of Identity Document and the requirements set out in section 186 as that section relates to fresh fruits or vegetables, processed fruit or vegetable products or honey, sections 187 to 190, section 301 as that section relates to fresh fruits or vegetables or processed fruit or vegetable products and Part 14 — if

Licence holder

(2) The activities referred to in paragraph (1)(b) must be conducted by a licence holder.

Compliance with standard — interprovincial trade, import and export

17 (1) It is prohibited for a person to send or convey from one province to another or to import or export any food for which a standard is set out in the Standards of Identity Document unless the food meets that standard.

Food likely to be mistaken — interprovincial trade, import and export

(2) It is prohibited for a person to send or convey from one province to another or to import or export any food that is intended for sale and that is likely to be mistaken for a food for which a standard is set out in the Standards of Identity Document unless the food meets that standard.

Food likely to be mistaken — packaging and labelling

(3) It is prohibited for a person to package or label any food that has been imported or sent or conveyed from one province to another, or that is to be exported or to be sent or conveyed from one province to another, in such a manner that it is likely to be mistaken for a food for which a standard is set out in the Standards of Identity Document unless the food meets that standard.

Use of food additives and other substances

18 A food additive or other substance may be used in or on a food that has been imported or that is to be exported or to be sent or conveyed from one province to another and for which a standard is set out in the Standards of Identity Document only if their use is permitted under these Regulations or the Food and Drugs Act and complies with the limits or levels, if any, that are provided under these Regulations and that Act.

Exemption — conveyers

19 (1) Subject to subsection (2), the Act and these Regulations do not apply to a person who conveys a food commodity if their sole concern, in respect of the food commodity, is its conveyance.

Exception

(2) The following provisions, and any provision of the Act and these Regulations that is necessary to give effect to them, apply to the person referred to in subsection (1):

Meat products

(2) For the purpose of subsection (1), the foods set out in paragraphs 24(a) and (b) are not to be considered meat products.

Exemption — import, export and interprovincial trade

22 (1) The Act and these Regulations do not apply in respect of a food that is imported, exported or sent or conveyed from one province to another if

In transit

(2) For the purpose of subparagraph (1)(d)(i), if the food is part of a bonded shipment that passes only in transit through the United States, the food is not considered to have been imported from the United States.

Exemption — bonded shipment

23 The Act and these Regulations do not apply in respect of a food that is part of a bonded shipment that is sent or conveyed from one foreign state to another if

Non-application — meat products

24 Subparagraph 7(2)(a)(ii), subsection 29(2), paragraph 30(1)(e), subsection 32(2), paragraph 43(1)(b) and sections 67, 122, 165, 166 and 283 do not apply in respect of the following foods:

DIVISION 2

Trade of Fresh Fruits and Vegetables

Non-application — definition fresh fruit or vegetable

25 The definition fresh fruit or vegetable in subsection 1(1) does not apply in this Division.

Prohibition

26 (1) It is prohibited for a person to

Exception — persons

(2) Subsection (1) does not apply to

Exception — nuts and wild fungi

(3) Subsection (1) does not apply in respect of nuts or wild fungi.

PART 3

Licences

Paragraph 20(1)(a) of Act — import

27 (1) For the purpose of the issuance of a licence to import under paragraph 20(1)(a) of the Act, the prescribed food commodity is a food.

Paragraph 20(1)(a) of Act — export

(2) For the purpose of the issuance of a licence to export under paragraph 20(1)(a) of the Act, the prescribed food commodities are

Paragraph 20(1)(b) of Act — imported food commodity

28 (1) For the purpose of the issuance of a licence under paragraph 20(1)(b) of the Act, the prescribed food commodity that has been imported is a food and the prescribed activity in respect of that food commodity is storing and handling, in its imported condition, for the purposes of the exercise of an inspector’s powers under the Act.

Paragraph 20(1)(b) of Act — food commodities that are to be sent or conveyed from one province to another

(2) For the purpose of the issuance of a licence under paragraph 20(1)(b) of the Act, the prescribed food commodities that are to be sent or conveyed from one province to another are a food and a food animal and the prescribed activities in respect of those food commodities are

Paragraph 20(1)(b) of Act — food commodities that are to be exported

(3) For the purpose of the issuance of a licence under paragraph 20(1)(b) of the Act, the prescribed food commodities that are to be exported are a food, a food animal, a food commodity referred to in subparagraph 14(1)(b)(ii) and a food commodity referred to in subsection 14(2) and the prescribed activities in respect of those food commodities are

Application

29 (1) An application for the issuance, renewal or amendment of a licence must be made to the Minister in a form approved by the President.

Application — meat products

(2) An application for the issuance, renewal or amendment of a licence to slaughter food animals, to manufacture, process, treat, preserve, grade, package or label a meat product or to store and handle a meat product in its imported condition must include at least one proposed work shift for each establishment where the activity is conducted.

Work shift

(3) A work shift must be

Conditions for issuance, renewal or amendment

30 (1) The Minister may issue, renew or amend a licence if

Inspection fee

(2) If an inspection is required to verify that the condition set out in paragraph (1)(c) is met, the applicant must pay the applicable fee set out in the Fees Notice.

Refusal of issuance, renewal or amendment

31 The Minister may refuse to issue, renew or amend a licence if

Establishment

32 (1) A licence holder must conduct the activities that are identified in their licence, other than importing and exporting, in the establishment that is identified in the licence for the activities.

Work shift

(2) Subject to subsection (3), if the activities are conducted in respect of a food animal or meat product, they must be conducted during a work shift approved by the President, unless otherwise authorized by an inspector.

Exception — ante-mortem examination

(3) In the case of the slaughtering of a food animal, the ante-mortem examination may be conducted outside a work shift.

Amendment without application

33 (1) If a licence holder is unable to conduct an activity that is identified in their licence in one of the establishments that are identified in the licence, the Minister may amend the licence, without having received an application for the amendment, to remove the authorization to conduct that activity in that establishment.

Written notice

(2) The Minister must notify the licence holder in writing of the amendment and the date on which it takes effect.

Expiry

34 (1) A licence expires two years after the date of issuance or renewal that is specified in it, unless the licence is cancelled before that date.

Expiry — amendment

(2) If the Minister amends a licence, its expiry date remains unchanged.

Invalidity

35 A licence becomes invalid if the licence holder

Grounds for suspension

36 The Minister may suspend a licence if

Suspension

37 (1) The Minister must not suspend a licence unless the licence holder

Written notice

(2) The Minister must notify the licence holder in writing of the suspension and the date on which it takes effect.

Risk of injury to human health

38 (1) Despite section 37, if the Minister is of the opinion that a risk of injury to human health may result if the licence holder continues to conduct an activity that is identified in the licence, the Minister may suspend the licence immediately after the licence holder is provided with an inspection report that sets out the grounds for the suspension.

Written notice

(2) The Minister must notify the licence holder in writing that their licence is suspended and that the suspension takes effect immediately.

Duration of suspension

39 A suspension of a licence remains in effect until an inspector determines that corrective action has been taken or until the licence is cancelled.

Grounds for cancellation

40 The Minister may cancel a licence if

Cancellation

41 (1) The Minister must not cancel a licence unless the licence holder was notified of the grounds for cancellation and was provided with an opportunity to be heard in respect of the cancellation.

Written notice

(2) The Minister must notify the licence holder in writing of the cancellation and the date on which it takes effect.

PART 4

Preventive Control Measures

Interpretation

Definitions

42 The following definitions apply in this Part.

agronomic input means an input that is used in the growing of fresh fruits or vegetables, and includes agricultural chemicals, biological controls, pollinators, commercial fertilizers, compost, compost tea, green manure, manure, mulch, row covers, soil amendments and pulp sludge. (intrant agronomique)

control measure means a measure that can be applied to prevent or eliminate any biological, chemical or physical hazard that presents a risk of contamination of a food. (mesure de contrôle)

critical control point means a step at which a control measure can be applied and is essential to prevent or eliminate any biological, chemical or physical hazard that presents a risk of contamination of a food. (point de contrôle critique)

low-acid food means a food of which any food unit has a pH that is greater than 4.6 and a water activity, as determined by the ratio of the water vapour pressure of the food unit to the vapour pressure of pure water at the same temperature and pressure, that is greater than 0.85. (aliment peu acide)

operator means

scheduled process means a thermal treatment that is applied to a food, to achieve commercial sterility in the food, in combination with the critical physical and chemical factors that affect the treatment’s ability to achieve commercial sterility. (traitement programmé)

Application — food and food animals

43 (1) Unless otherwise specified, the requirements of this Part apply only in respect of

Application — establishment

(3) The requirements of this Part that apply in respect of an establishment apply only in respect of

Establishment — slaughtering game animals

(4) Despite paragraph (3)(a), for the purposes of section 48, subsection 49(1) and sections 54, 64, 65 and 69, in the case of an establishment where game animals are slaughtered, the establishment is limited to the facility, in the establishment, where the meat products that are derived from the game animal are manufactured, processed, treated, preserved, packaged or labelled.

Non-application — game animals

(5) Sections 53, 56 and 67 do not apply in respect of an establishment where game animals are slaughtered.

Biological, Chemical and Physical Hazards

Identification, analysis, prevention and elimination of hazards

44 (1) An operator must identify and analyze the biological, chemical and physical hazards that present a risk of contamination of a food and must prevent or eliminate those hazards using control measures that are shown by evidence to be effective, including, in the case of a meat product, the control measures that are set out in the document entitled Preventive Control Plan Requirements for Biological Hazards in Meat Products, prepared by the Agency and published on its website, as amended from time to time.

Imported food

(2) The holder of a licence to import must comply with subsection (1) in respect of food that is imported.

Treatments and Processes

Treatments and processes

45 (1) An operator must subject a food to any process or treatment that is necessary to eliminate any biological, chemical or physical hazard that might be present in the food and that presents a risk of contamination of the food, including any treatment that is necessary for the food to meet the standards that are set out in the document entitled Biological, Chemical and Physical Standards for Food, prepared by the Agency and published on its website, as amended from time to time.

Method

(2) To verify that the food meets the standards referred to in subsection (1), the operator must use a method that is shown by evidence to be effective.

Application of scheduled process to low-acid food

46 (1) If a low-acid food is packaged in a hermetically sealed package, an operator must apply the scheduled process referred to in subparagraph (3)(a)(i) and, if batch thermal treatment is applied, must use a temperature-sensitive indicator that visually indicates that the package has been thermally treated.

Exception — refrigerated or frozen food

(2) Subsection (1) does not apply if the low-acid food is kept refrigerated or kept frozen and the statements “Keep Refrigerated” and “garder réfrigéré”, or “Keep Frozen” and “garder congelé”, as the case may be, are shown on the principal display panel.

Documents

(3) The operator must prepare written documents that set out the following information:

Maintenance and Operation of Establishment

Responsibility of operator

47 An operator must maintain and operate an establishment so that the requirements of sections 48 to 78 are met.

Sanitation, Pest Control and Non-food Agents

Clean and sanitary condition

48 (1) An establishment, and any conveyance or equipment in it that is used in connection with an activity that is regulated under the Act, must be clean and in a sanitary condition.

Cleaning and sanitation

(2) The cleaning and sanitation of the establishment, and of any conveyance or equipment in it that is used in connection with an activity that is regulated under the Act, must be conducted in a manner that does not present a risk of contamination of a food.

Animals — establishment

49 (1) An establishment must be protected against the entry of any animal that presents a risk of contamination of a food.

Animals — facility or conveyance

(2) No animal is to be in a facility or conveyance where a food is manufactured, prepared, stored, packaged or labelled or where food animals are slaughtered, unless the animal is

Sanitizers, agronomic inputs and non-food chemical agents

50 Any sanitizer, agronomic input or non-food chemical agent in an establishment must

Conveyances and Equipment

Conveyances and equipment — food

51 Any conveyance or equipment that is used in the manufacturing, preparing, storing, packaging or labelling of a food or in the slaughtering of food animals must

Other conveyances and equipment

52 Any conveyance or equipment in an establishment that is used to handle contaminated materials, waste or any other thing that is inedible must

Equipment — slaughtering

53 An establishment where food animals are slaughtered must have equipment for restraining the food animals for examination and inspection.

Conditions Respecting Establishments

Land

54 (1) Any land that forms part of an establishment must not present a risk of contamination of a food or, if it does present such a risk, measures must be taken to eliminate the risk.

Location

(2) An establishment must not be located near any place or thing that presents a risk of contamination of a food unless measures are taken to eliminate the risk.

Interior of facility or conveyance

55 The interior of any facility or conveyance where a food is manufactured, prepared, stored, packaged or labelled or where food animals are slaughtered must be

Slaughtering — separate areas

56 (1) An establishment where food animals are slaughtered must have separate areas for

Inedible meat products area

(2) The establishment must also have an enclosed inedible products area where inedible meat products are handled.

Movement of food animals

(3) Floors, ramps, gangways and chutes that are used by food animals in the establishment must provide secure footing and must not present a risk of injury to the food animals during movement.

Inspection stations

(4) The establishment must be equipped with

Design, construction and maintenance — movement

57 (1) A facility or conveyance where a food is manufactured, prepared, stored, packaged or labelled or where food animals are slaughtered must be designed, constructed and maintained in such a manner that the movement of persons and things within, into and out of it is controlled.

Movement — no risk of contamination

(2) The movement must not present a risk of contamination of the food.

Incompatible activities

58 Physical or other effective means must be used to separate incompatible activities in order to prevent contamination of a food.

Separation of food

59 Physical or other effective means must be used to separate a food from

Arrival at establishment of certain food

60 On arrival at an establishment of any food, whether or not it is to be exported or to be sent or conveyed from one province to another, that presents a risk of injury to human health, that is exempted from the application of the import requirements of the Act and these Regulations under section 21 or that does not meet the requirements of the Act or these Regulations, the food must be identified as such and placed in a designated area within the establishment and any other measures that are necessary to prevent contamination of any other food in the establishment must be taken.

Lighting

61 (1) An establishment must be equipped with natural or artificial lighting that is appropriate for the food and for the activity being conducted and, if applicable, for the food animals that are to be slaughtered.

Light fixtures

(2) Light fixtures in the establishment must

Ventilation system

62 A facility or conveyance where a food is manufactured, prepared, stored, packaged or labelled or where food animals are slaughtered must be equipped with a ventilation system that

Temperature and humidity

63 (1) The temperature and humidity level in a facility or conveyance where a food is manufactured, prepared, stored, packaged or labelled or where food animals are slaughtered must be maintained at levels that are appropriate for the food and for the activity being conducted and, if applicable, for the food animals that are to be slaughtered.

Heating, cooling or humidity-control system

(2) If the facility or conveyance is equipped with a heating, cooling or humidity-control system, the system must

Removal and disposal of contaminated materials and waste

64 (1) An establishment must have means for the removal and disposal of contaminated materials and waste and, if necessary, be equipped with a drainage, sewage and plumbing system that functions as intended.

Frequency and manner

(2) Contaminated materials and waste must be removed and disposed of at a frequency that is sufficient to prevent contamination of a food and in a manner that does not present a risk of contamination of a food.

Cleaning stations, lavatories, etc.

65 (1) An establishment must be equipped with hand cleaning and sanitizing stations, lavatories, showers, drinking water stations, break rooms and change rooms, if they are necessary to meet the needs of the establishment, that

Hand cleaning and sanitizing stations

(2) The hand cleaning and sanitizing stations must supply water at a temperature and pressure that permit the effective cleaning of hands.

Lavatories

(3) The lavatories must not provide direct access to any area where a food is manufactured, prepared, stored, packaged or labelled or where food animals are slaughtered.

Area for inspector’s use

66 At the request of an inspector, the inspector must be provided with an area that is readily accessible, appropriately equipped and appropriate in size for the exercise of their powers, and the performance of their duties and functions, under the Act.

Office, lockers, etc., for inspector

67 (1) If a meat product or processed egg product is manufactured, prepared, stored, packaged or labelled in an establishment, an inspector must be provided with

Private office, change rooms, etc., for inspector

(2) If food animals are slaughtered in an establishment, the office referred to in paragraph (1)(a) must be private and the inspector must also be provided with access to a lavatory, a shower and a change room in the establishment.

Water — contact with food

68 (1) Any water that might come into contact with a food must, unless the water does not present a risk of contamination of the food, be potable and must

Steam and ice — contact with food

(2) Any steam or ice that might come into contact with a food must be made from water that meets the requirements of subsection (1), unless the steam or ice does not present a risk of contamination of the food.

Water — cross-connections

(3) Any system that supplies water that meets the requirements of subsection (1) must not be cross-connected with any other system, unless measures are taken to eliminate any risk of contamination of a food as a result of the cross-connection.

Water given to food animals

(4) Any water that is given to food animals that are to be slaughtered in an establishment must not present a risk of injury to the health of those animals and must not present a risk of contamination of the meat products that may be derived from those animals.

Supply of water, steam and ice

69 (1) An establishment must be supplied, as appropriate for the food and for the activity being conducted and, if applicable, for the food animals that are to be slaughtered, with

Treatment of water, steam or ice

(2) Any treatment of water, steam or ice must be applied in a manner that does not present a risk of contamination of a food.

Unloading, Loading and Storing

Conveyances

70 Any conveyance that is used to convey a food to or from an establishment and that is unloaded or loaded at the establishment

Unloading and loading

71 Any unloading and loading of a food and, if applicable, of food animals that are to be slaughtered, from or onto a conveyance at an establishment, must be conducted in a manner that does not present a risk of contamination of a food.

Storing — food

72 (1) Any storing of a food must be conducted in a manner that does not present a risk of contamination of the food.

Storing — other

(2) Any storing of conveyances, equipment, sanitizers, agronomic inputs, chemical agents, starter products, packaging material, labels or any other thing that is used in the manufacturing, preparing, storing, packaging or labelling of a food must be conducted in a manner that does not present a risk of contamination of the food.

Definition starter products

(3) In subsection (2), starter products means the materials that are used to start the growing of fresh fruits or vegetables and includes seeds, seedlings, plants, cuttings, canes, seed potatoes and nursery stock.

Competency

Competencies and qualifications

73 Any person who is involved in the manufacturing, preparing, storing, packaging or labelling of a food or in the slaughtering of food animals must have the competencies and qualifications that are necessary to carry out their duties.

Hygiene

Clothing, footwear and protective coverings

74 Any person who enters or is in an area where a food is manufactured, prepared, stored, packaged or labelled or where food animals are slaughtered must wear clothing, footwear and protective coverings, including gloves, a hairnet, a beard net and a smock, that are in good condition, clean and in sanitary condition and that are appropriate for the food and for the activity being conducted.

Personal cleanliness

75 Any person who enters or is in an area where a food is manufactured, prepared, stored, packaged or labelled or where food animals are slaughtered must maintain personal cleanliness to prevent contamination of the food, including by cleaning and, if necessary, sanitizing their hands

Spitting, chewing gum and other acts

76 Any person who enters or is in an area where a food is manufactured, prepared, stored, packaged or labelled or where food animals are slaughtered must refrain from spitting, chewing gum, using tobacco products, eating, having unnecessary contact with the food and doing any other act that presents a risk of contamination of the food.

Objects and substances — risk of contamination

77 Any person who enters or is in an area where a food is manufactured, prepared, stored, packaged or labelled or where food animals are slaughtered must refrain from wearing or using any object or substance that presents a risk of contamination of the food.

Reporting of disease, illness, symptoms and lesions

78 Any person who works in an area where a food is manufactured, prepared, stored, packaged or labelled or where food animals are slaughtered and who has a disease or illness, symptoms of a disease or illness or an open or infected lesion must report them to the operator.

Communicable Diseases and Lesions

Risk of contamination

79 An operator must prevent any person who is suffering from, or is a known carrier of, a communicable disease or who has an open or infected lesion from being in an area of an establishment where a food is manufactured, prepared, stored, packaged or labelled or where food animals are slaughtered, if the person’s condition presents a risk of contamination of the food.

Investigation and Notification, Complaints and Recall

Investigation

80 (1) An operator who suspects on reasonable grounds that a food presents a risk of injury to human health or does not meet the requirements of the Act or these Regulations must immediately investigate the matter.

Results — risk of injury

(2) The operator must immediately notify the Minister of the results of their investigation and immediately take action to mitigate any risk of injury to human health, unless the results of the investigation establish that the food does not present such a risk.

Complaints procedure

81 (1) An operator must prepare, keep and maintain a written document that sets out a procedure for receiving, investigating and responding to complaints that are received in relation to a food.

Complaints

(2) If a complaint is received, the operator must implement the procedure and prepare a written document that sets out the details of the complaint, the results of the investigation and the actions taken based on those results and keep it for two years after the day on which the actions are completed.

Recall procedure

82 (1) An operator must prepare, keep and maintain a written document that sets out a recall procedure that enables the effective recall of a food, the name of a contact person who is responsible for the procedure and the name of a contact person who is responsible for conducting recalls.

Recall simulation

(2) The operator must conduct a recall simulation based on the recall procedure at least once a year.

Recall

(3) If a food is recalled, the operator must

Imported food

83 The holder of a licence to import must comply with sections 80 to 82 in respect of a food that is imported.

Preventive Control Plan

Licence holders

84 (1) A licence holder must prepare, keep and maintain a written preventive control plan that meets the requirements of section 87 for any activity that they conduct in respect of a food or food animal that is identified in their licence.

Exception — food to be exported

(2) Despite subsection (1), a preventive control plan is not required to be prepared, kept or maintained for any activity that the licence holder conducts in respect of a food, other than fish or a meat product, that is to be exported, unless a certificate or other document referred to in section 48 of the Act will be sought in respect of the food.

Exception — sales of $30,000 or less

(3) Despite subsection (1), if a licence holder’s gross sales that are derived from food are $30,000 or less for the 12 months before the day on which they most recently made an application for the issuance, renewal or amendment of a licence, a preventive control plan must be prepared, kept and maintained only for any activity that they conduct in respect of

Exception — game animals

(4) Despite subsection (1), a preventive control plan is not required to be prepared, kept or maintained for the slaughtering of a game animal or for any activity that the licence holder conducts, in respect of meat products that are derived from a game animal, in the establishment where the game animal is slaughtered.

Growers or harvesters of fresh fruits or vegetables

85 Any person who grows or harvests fresh fruits or vegetables must prepare, keep and maintain a written preventive control plan that meets the requirements of section 87 for any activity that they conduct in respect of those fresh fruits or vegetables if the fresh fruits are vegetables are

Implementation

86 Any person who is required to prepare, keep and maintain a preventive control plan must implement that plan.

Content of preventive control plan

87 (1) The preventive control plan must include

Additional content — import

(2) The preventive control plan of the holder of a licence to import must also include the elements set out in subparagraphs (1)(c)(i) to (vii) in relation to the requirement of section 9.

Additional content — export

(3) The preventive control plan of the holder of a licence to export must also include the elements set out in subparagraphs (1)(c)(i) to (vii) in relation to the requirement of subsection 13(1).

Additional content — post-mortem examination program

(4) The preventive control plan of a licence holder who is authorized under section 158 to conduct a post-mortem examination program must also include the elements set out in subparagraphs (1)(c)(i) to (vii) and paragraph (1)(d) in relation to that program and must meet the requirements set out in the document entitled Fundamentals of the Post-mortem Examination Program, prepared by the Agency and published on its website, as amended from time to time.

PART 5

Traceability

Documents

88 (1) Any person who sends or conveys a food from one province to another, or imports or exports it, any holder of a licence to slaughter a food animal, to manufacture, process, treat, preserve, grade, store, package or label a food or to store and handle a meat product in its imported condition and any person who grows or harvests fresh fruits or vegetables that are to be exported or to be sent or conveyed from one province to another must, if they provide the food to another person, prepare and keep documents that set out the following information:

Documents — retail sale

(2) Any person who sells a food at retail, other than a restaurant or other similar enterprise that sells the food as a meal or snack, must prepare and keep documents that set out the information specified in paragraphs (1)(a) and (c) to (e).

Retention period of documents

(3) The documents referred to in subsections (1) and (2) must be kept for two years after the day on which the food was provided to another person or sold at retail, as the case may be, and must be accessible in Canada.

Production of documents

89 (1) A person must, at the Minister’s request, provide the Minister with any document referred to in section 88, or any part of such a document,

Definition plain text

(2) In paragraph (1)(b), plain text means data whose semantic content is available without the use of cryptographic techniques.

Labelling

90 Subject to sections 204 and 205, a label that bears the information specified in paragraph 88(1)(a) must be applied or attached to, or accompany, a food — other than a food that is to be exported — that is provided to another person by a person referred to in section 88.

PART 6

Commodity-specific Requirements

DIVISION 1
Dairy Products

Preparing

91 Any milk or cream that is used in preparing a dairy product that is to be exported or to be sent or conveyed from one province to another must meet the applicable requirements of the legislation of the province in which the dairy product is prepared.

DIVISION 2
Eggs

Pasteurization

92 (1) A licence holder may pasteurize eggs in the shell only if they are graded Canada A or Grade A.

Import — eggs pasteurized in shell

(2) Eggs that are pasteurized in the shell and that are imported must have been graded Grade A before pasteurization.

Import — Grade C or Grade Nest Run

93 A person who imports eggs that are graded Grade C or Grade Nest Run must deliver them directly to an establishment where eggs are processed and treated by a licence holder.

Import — ungraded eggs

94 A person may import eggs that are not graded in accordance with subsection 301(1) if the person

Interprovincial trade

96 (1) A person who sends or conveys any of the following eggs from one province to another must deliver them to an establishment where eggs are processed and treated by a licence holder:

Interprovincial trade — Canada Nest Run

(2) A person who sends or conveys eggs that are graded Canada Nest Run from one province to another must deliver them to an establishment where eggs are either graded or processed and treated by a licence holder.

Interprovincial trade — ungraded eggs

(3) A person may send or convey from one province to another eggs that are not graded in accordance with subsection 301(1), other than eggs that are rejected in accordance with subsection 311(1) and eggs that are imported in accordance with section 94, if the person

Ink

97 If a licence holder applies ink to an egg’s shell, the ink must be fast-drying and indelible and it must not present a risk of injury to human health.

Trays

98 Before sending plastic trays to an egg producer, a licence holder must clean, sanitize and dry them.

DIVISION 3
Processed Egg Products

Processing and treating of eggs

99 (1) A licence holder may process and treat eggs only if they

Processing and treating of processed egg products

(2) A licence holder may process and treat processed egg products only if they are derived from eggs that meet the requirements of paragraphs (1)(a) to (g).

Temperature

100 (1) Any of the following processed egg products that are to be exported or to be sent or conveyed from one province to another and that are processed or treated in an establishment that is identified in a licence must have been chilled to 4°C or less before being removed from the establishment:

Exemption

(2) Despite subsection (1), the Minister may, in writing, authorize a person to remove a processed egg product that has not been chilled to 4°C or less if the Minister is of the opinion that no risk of injury to human health will result.

DIVISION 4
Fish

Prohibition — import of mitten crab or puffer fish

101 (1) It is prohibited for a person to import

Non-application of personal use exemption

(2) Section 19 of the Act does not apply to an import referred to in subsection (1).

Import of live or raw shellfish

102 (1) The holder of a licence to import may import live or raw shellfish only if the foreign state in which the shellfish is harvested, manufactured, prepared, stored, packaged or labelled, as the case may be, has, at the time the activities are conducted and at the time of the import, a system of inspection in relation to the shellfish that is recognized under these Regulations.

Exception

(2) Subsection (1) does not apply in respect of the import of the adductor muscles of scallops or the meat of geoducks.

Shellfish

103 A licence holder may manufacture, prepare, store, package or label shellfish that is to be exported or to be sent or conveyed from one province to another only if the shellfish is harvested in an area

Frozen fish

104 A licence holder must

DIVISION 5
Fresh Fruits or Vegetables

Interpretation

Definitions

105 The following definitions apply in this Division.

apple means a fresh apple for which a grade is prescribed by these Regulations. (pomme)

onion means a fresh onion for which a grade is prescribed by these Regulations. (oignon)

potato means a fresh potato for which a grade is prescribed by these Regulations. (pomme de terre)

Application

Whole fresh fruits or vegetables

106 This Division applies only in respect of fresh fruits or vegetables that are whole.

Fresh fruits or vegetables packaged together

107 The requirements of sections 109 to 117 and 259 as well as the requirements applicable under Division 2 of Part 10 and Part 12 in respect of fresh fruits or vegetables do not apply in respect of consumer prepackaged fresh fruits or vegetables if the container contains more than one type of fresh fruit or vegetable but no other food and if

Fresh fruits or vegetables packaged with other food

108 The requirements of sections 109 to 117 and 259 as well as the requirements applicable under Division 2 of Part 10 and Part 12 in respect of fresh fruits or vegetables do not apply in respect of consumer prepackaged fresh fruits or vegetables if the container contains more than one type of fresh fruit or vegetable together with other food and if

Import

Potatoes from foreign state

109 (1) Imported potatoes must meet the requirements for the grade Canada No. 1 that are set out in the Compendium.

Presumption — potatoes from United States

(2) Potatoes that are imported from the United States are considered to meet the requirements for the grade Canada No. 1 that are set out in the Compendium if the potatoes have been graded in the United States and meet the applicable requirements set out in the document entitled Grade Standard Requirements for Fresh Fruits or Vegetables Imported from the United States, prepared by the Agency and published on its website, as amended from time to time.

Apples from foreign state other than United States

110 (1) Apples that are imported from a foreign state other than the United States must meet the requirements for the grade Canada Extra Fancy, Canada Fancy or Canada Commercial that are set out in the Compendium.

Apples from United States

(2) Apples that are imported from the United States must meet the requirements for the grade Canada Extra Fancy or Canada Fancy that are set out in the Compendium.

Presumption — apples from United States

(3) Apples that are imported from the United States are considered to meet the requirements for the grade Canada Extra Fancy or Canada Fancy that are set out in the Compendium if the apples have been graded in the United States and meet the applicable requirements that are set out in the document entitled Grade Standard Requirements for Fresh Fruits or Vegetables Imported from the United States, prepared by the Agency and published on its website, as amended from time to time.

Presumption — general

111 Fresh fruits or vegetables, other than potatoes or apples, that are imported from the United States are considered to meet the requirements that are set out in the Compendium if the fruits or vegetables have been graded in the United States and meet the applicable requirements that are set out in the document entitled Grade Standard Requirements for Fresh Fruits or Vegetables Imported from the United States, prepared by the Agency and published on its website, as amended from time to time.

Foreign states — onions, potatoes and apples

112 Onions and potatoes that are imported from a foreign state other than the United States, and apples that are imported from a foreign state other than the United States and New Zealand, must meet and be certified by the Minister as meeting the following requirements:

Onions, potatoes and apples imported from United States

113 (1) Onions, potatoes and apples that are imported from the United States must

Endorsement

(2) The certificate and evidence referred to in paragraph (1)(a) must be endorsed with the expression “Meets Canadian Import Requirements for Grades, Packaging, Labelling and Standard Container Size” or “satisfait aux exigences d’importation du Canada visant la classification, l’emballage, l’étiquetage et la taille des contenants normalisés”.

Apples imported from New Zealand

114 (1) Apples that are imported from New Zealand must

Endorsement

(2) The certificate and evidence referred to in paragraph (1)(a) must be endorsed with the expression “Meets Canadian Import Requirements for Grades, Packaging, Labelling and Standard Container Size” or “satisfait aux exigences d’importation du Canada visant la classification, l’emballage, l’étiquetage et la taille de contenants normalisés”.

Non-application

115 Sections 112 to 114 do not apply to onions, potatoes or apples that are part of a shipment that consists of not more than

Application

117 (1) An application for a certificate referred to in section 112 or paragraph 113(1)(b) or 114(1)(b) must be made to the Minister in a form approved by the President and be accompanied by the applicable fee set out in the Fees Notice.

Inspection

(2) The Minister may require an inspection for the purpose of deciding whether to issue the certificate.

Inspection — fee and accessibility

(3) If an inspection is required, the applicant must pay the applicable fee set out in the Fees Notice and must make all the onions, potatoes or apples readily accessible to an inspector at the time of inspection.

DIVISION 6
Meat Products and Food Animals

Interpretation

Definitions

118 The following definitions apply in this Division.

official veterinarian means a veterinarian who is designated as an inspector under subsection 13(3) of the Canadian Food Inspection Agency Act. (médecin vétérinaire officiel)

on-farm food safety program means a program that relates to food animals that is operated on a farm or at a similar place and under which hazards relating to the safety of meat products that may be derived from those food animals are identified, analyzed and controlled. (programme de salubrité des aliments à la ferme)

specified risk material has the same meaning as in section 6.1 of the Health of Animals Regulations. (matériel à risque spécifié)

split means to cut a carcass lengthwise along the median line. (fendre)

Exception

(2) Despite subsection (1), section 165 applies in respect of any imported meat product.

Application — establishment

(3) The requirements of this Division that apply in respect of an establishment apply only in respect of an establishment that is identified in a licence to manufacture, process, treat, preserve, grade, package or label a meat product, to store and handle a meat product in its imported condition or to slaughter a food animal.

Inspection Services

Inspection services during work shift

120 (1) Inspection services are to be provided during work shifts that are approved by the President, having regard to the number of inspection stations and the minimum number of hours of inspection determined under sections 121 and 122.

Other inspection services on request

(2) Inspection services may be provided outside a work shift if a licence holder submits a written request to the President and an inspector is available.

Inspection stations — slaughtering

121 (1) The President must, for the purposes of the exercise of an inspector’s powers, and the performance of their duties and functions, under the Act, determine the number of inspection stations that are required annually during each work shift, for each establishment where food animals are slaughtered by a licence holder, having regard to

Additional inspection stations

(2) The President may permit one or more additional inspection stations for a work shift, on an annual or hourly basis, having regard to the factors set out in subsection (1), if the licence holder submits a written request to the President and an inspector is available.

Minimum hours of inspection — other activities

122 The President must, for the purposes of the exercise of an inspector’s powers, and the performance of their duties and functions, under the Act, determine the minimum number of hours of inspection that are required per year during each work shift, for each establishment where a meat product is manufactured, processed, treated, preserved, graded, packaged or labelled, or stored and handled in its imported condition, by a licence holder, having regard to

Notice

123 (1) A licence holder must notify the President in writing of any change that affects any of the factors set out in subsection 121(1) or section 122 or if an additional inspection station that is permitted under subsection 121(2) on an annual basis is no longer required.

Adjustment

(2) If the President becomes aware of a change referred to in subsection (1), the President must reconsider and, as appropriate, adjust the number of inspection stations that are required or the minimum number of hours of inspection that are required.

Edible Meat Products

Identification of edible meat products

124 (1) A licence holder may identify a meat product as edible only if

Other identifications

(2) The identification of a meat product as edible under any of sections 155 to 157 is considered to be an identification under this section if the requirements of subsection (1) are met.

Inedible meat products

125 A licence holder must not identify any of the following meat products as edible:

Natural casings

126 A urinary bladder, an intestine or any part of a urinary bladder or intestine may be used as a natural casing for an edible meat product if

Humane Treatment

Avoidable suffering or injury

127 A licence holder must handle a food animal in a manner that does not cause it avoidable suffering or avoidable injury and must not subject it to any condition that may cause such suffering or injury.

Hitting

128 (1) A licence holder must not hit a food animal with a whip, prod or, except for the purpose of section 140 and for the application of a tattoo to the food animal, any other object.

Electric prod

(2) A licence holder may apply an electric prod to a food animal if

Assessing

129 (1) A licence holder must assess whether a food animal is showing signs of suffering or injury on its arrival at the establishment.

Monitoring

(2) After the food animal’s arrival, the licence holder must monitor it on a continuous basis, including assessing the conditions to which the food animal is subjected in the establishment that may cause avoidable suffering, avoidable injury or death.

Corrective action

(3) If a licence holder determines that conditions exist that may cause avoidable suffering, avoidable injury or death to a food animal, the licence holder must immediately take corrective action to remedy the situation.

Alleviation of suffering

(4) If a food animal is showing signs of suffering, a licence holder must immediately

Non-application — game animals

(5) This section does not apply in respect of game animals.

Game animals

130 A licence holder who has direct control over a game animal must

Segregation and isolation

131 A licence holder must

Overcrowding

132 A licence holder must provide a food animal with sufficient space to avoid the suffering, injury or death of the animal.

Ventilation

133 A licence holder must provide a food animal with sufficient ventilation to avoid the suffering, injury or death of the animal.

Handling

134 (1) A licence holder who handles, restrains, holds, segregates, renders unconscious, slaughters or humanely kills a food animal must

Areas of establishment and equipment

(2) A licence holder must use only areas of an establishment and equipment for the handling, restraining, holding, segregating, rendering unconscious, slaughtering or humane killing of a food animal that are designed, constructed and maintained in order not to cause avoidable suffering or avoidable injury to the food animal.

Water and feed

135 (1) A licence holder must provide a food animal — other than a food animal that is confined in a crate — that is unloaded from a conveyance at an establishment with

In crate

(2) In the case of a food animal that is confined in a crate, the licence holder must provide the food animal with water or another source of hydration and with feed within 24 hours after it arrives at the establishment.

Removal and Keeping

Removal

136 (1) A licence holder must notify an official veterinarian before a food animal is removed from an establishment.

Keeping

(2) A licence holder must notify an official veterinarian before keeping a food animal in an establishment for more than seven days.

Ante-mortem Examination and Inspection

Ante-mortem examination

137 (1) A licence holder must conduct an ante-mortem examination of a food animal that is to be slaughtered, or of a sample from the shipment that the food animal is part of, within 24 hours before the slaughter and in accordance with the document entitled Ante-Mortem Examination and Presentation Procedures for Food Animals, prepared by the Agency and published on its website, as amended from time to time.

Deviations

(2) If the licence holder, in the course of the ante-mortem examination or at any other time before slaughter, suspects that the food animal shows a deviation from normal behaviour, physiology or appearance, the licence holder must hold it for an inspection by an official veterinarian, unless otherwise authorized by an official veterinarian.

Ante-mortem inspection

138 (1) A licence holder must present for an ante-mortem inspection a food animal, other than a game animal, that is to be slaughtered, or a sample from the shipment that the food animal is part of, within 24 hours before the slaughter and in accordance with the document entitled Ante-Mortem Examination and Presentation Procedures for Food Animals, prepared by the Agency and published on its website, as amended from time to time.

Official veterinarian

(2) The inspection must be conducted by an official veterinarian or by an inspector under the supervision of an official veterinarian.

Deviations

(3) If an inspector who is not an official veterinarian suspects that the food animal shows a deviation from normal behaviour, physiology or appearance, the licence holder must hold it for an inspection by an official veterinarian.

Condemnation

139 A licence holder must take the following measures if an official veterinarian determines, after an inspection, that any meat product that would be derived from a food animal could not be identified as edible under section 124:

Slaughtering and Dressing

Requirement before bleeding

140 Before bleeding a food animal, other than a game animal, a licence holder must use one of the following methods either to render it unconscious in a manner that prevents it from regaining consciousness before death or to slaughter it:

Requirement after bleeding starts

141 A licence holder must not cut the carcass of a food animal after bleeding has started if it shows signs of sensibility that may indicate a potential return to consciousness.

Requirement before suspending

142 (1) A licence holder must not suspend a food animal before it is rendered unconscious or slaughtered using a method set out in section 140 or before it is ritually slaughtered or is humanely killed.

Exception — certain birds

(2) Despite subsection (1), a licence holder may suspend a bird, other than an ostrich, rhea or emu, by its legs immediately before it is rendered unconscious or slaughtered using a method set out in section 140 or immediately before it is humanely killed.

Ritual slaughter

143 Despite section 140, a licence holder who ritually slaughters a food animal with the intent of complying with Judaic or Islamic law must

Dressing

144 (1) After a food animal is bled, a licence holder must dress the carcass in the following manner:

Partial dressing

(2) Despite subsection (1) and on request of the licence holder, the President must authorize the licence holder to partially dress a carcass if

Processing of blood

146 A licence holder must process a food animal’s blood in the inedible products area described in subsection 56(2) unless the licence holder

Identification and correlation

147 (1) A licence holder must identify the blood, if it is collected to be processed as an edible meat product, and the parts of the carcass of a food animal in order to correlate the blood and the parts with the carcass from which they were removed.

Maintenance of identification

(2) The identification must be maintained until the completion of the post-mortem inspection or examination.

Post-mortem Inspection and Examination

Post-mortem inspection

148 (1) A licence holder must, during the course of dressing or partial dressing, present the carcass, its parts and any blood that is collected to be processed as an edible meat product to an official veterinarian or an inspector under the supervision of an official veterinarian for a post-mortem inspection.

Deviations

(2) A licence holder must not, before the post-mortem inspection, remove from the carcass any part that shows a deviation from normal appearance, unless authorized to do so by an official veterinarian.

Non-application — post-mortem examination program

(3) This section does not apply to a licence holder who is authorized to conduct a post-mortem examination program under section 158.

Post-mortem examination

149 A licence holder who is authorized to conduct a post-mortem examination program under section 158 must, during the course of dressing or partial dressing, subject the carcass, its parts and the blood, if it is collected to be processed as an edible meat product, to a post-mortem examination that is to be conducted under the supervision of an official veterinarian.

Inedible Meat Products

Condemnation

150 A licence holder must condemn the carcass, its parts or the blood of a food animal if an official veterinarian or an inspector under the supervision of an official veterinarian determines, after a post-mortem inspection, that any meat product that would be derived from any one of them would be inedible.

Identification

151 A licence holder must identify as inedible

Identification

(2) The licence holder must identify as inedible any meat product that the licence holder treats as inedible.

Inedible products area

153 (1) A licence holder must move a carcass, its parts, the blood of a food animal and any other meat product that is condemned or identified as inedible to the inedible products area described in subsection 56(2).

Labelling and disposal

(2) The licence holder must take one of the following measures in respect of a meat product that is moved to the inedible products area:

Specified risk material

(3) Despite subsection (2), the licence holder must keep a meat product that is a specified risk material, contains a specified risk material or is derived from a specified risk material in a separate area of the inedible products area and must handle and destroy it in accordance with Part I.1 of the Health of Animals Regulations.

Treatment

Contaminated meat product

154 A licence holder must take one of the following measures in respect of a contaminated meat product:

Trichinella spp. — pork

155 A licence holder may identify as edible a meat product that is derived from a pig and that does not require further preparing before consumption other than washing or thawing or exposing it to sufficient heat to warm it without cooking it, only if

Trichinella spp. — equine

156 A licence holder may identify as edible a meat product that is derived from an equine if its carcass tests negative for the detection of Trichinella spp. larvae using a method that is shown by evidence to be effective.

Bovine cysticercosis

157 A licence holder may identify as edible a meat product that is derived from a bovine whose carcass is affected by or shows evidence of bovine cysticercosis only if the licence holder

Post-mortem Examination Program

Application

158 (1) The holder of a licence to slaughter may apply in writing to the President for an authorization to conduct a post-mortem examination program concerning a food animal referred to in the document entitled Fundamentals of the Post-mortem Examination Program, prepared by the Agency and published on its website, as amended from time to time.

Contents

(2) The application must contain

Authorization

(3) The President must authorize the licence holder to conduct a post-mortem examination program if

Grounds for suspension

159 The President may suspend a licence holder’s authorization to conduct a post-mortem examination program if

Suspension

160 (1) The President must not suspend a licence holder’s authorization to conduct a post-mortem examination program unless the licence holder

Written notice

(2) The President must notify the licence holder in writing of the suspension and the date on which it takes effect.

Risk of injury to human health

161 (1) Despite section 160, if the President is of the opinion that a risk of injury to human health may result if the licence holder continues to conduct the program, the President may suspend the authorization immediately after the licence holder is provided with an inspection report that sets out the grounds for the suspension.

Written notice

(2) The President must notify the licence holder in writing that their authorization is suspended and that the suspension takes effect immediately.

Suspension — duration

162 A suspension of an authorization to conduct a post-mortem examination program remains in effect until an inspector determines that corrective action has been taken.

Food Animal Information Document and Document Keeping

Required information

163 (1) Before slaughtering a food animal that is an equine or a bird other than an ostrich, rhea or emu, the holder of a licence to slaughter must obtain documents that contain the following information from the person who owned or had the possession, care or control of the food animal before its arrival at the establishment where it is to be slaughtered:

Exception — equines and birds

(2) Despite subsection (1), the licence holder may, after notifying an inspector, slaughter the equine or bird without having first obtained the documents referred to in subsection (1) if the meat product that is derived from it

Retention period of documents

(4) The documents referred to in subsection (1) must be kept for one year beginning on the day on which the food animal arrives at the establishment.

Document keeping

164 (1) The holder of a licence to slaughter must prepare and keep documents that set out the following information:

Retention period of documents

(2) The documents referred to in subsection (1) must be kept for one year beginning on the day on which the food animal arrives at the establishment.

Import and Export

Import

165 The holder of a licence to import may import an edible meat product only if

Export

166 (1) A licence holder may export a meat product only if

Exception — removal notice

(2) Subsection (1) does not apply in respect of a meat product that is subject to a notice ordering its removal from Canada under subsection 32(1) of the Act.

PART 7

Recognition of Foreign Systems

Meaning of shellfish — limitation

167 In this Part, shellfish does not include the adductor muscles of scallops and the meat of geoducks.

Recognition of inspection system

168 (1) A system of inspection of a foreign state in relation to meat products or shellfish may be recognized in accordance with subsections (2) and (3).

Application

(2) An application for the recognition of the system of inspection must be made to the Minister in writing by the foreign state and must contain the following information:

Recognition by Minister

(3) The Minister must recognize the system of inspection in respect of which the application is made if the system provides at least the same level of protection as that provided by the provisions of the Act and these Regulations, having regard to

Recognition of system — meat product establishment

169 (1) Once a foreign state’s system of inspection in relation to meat products is recognized, a system of manufacturing, processing, treating, preserving, handling, testing, grading, coding, slaughtering, storing, packaging or labelling that is used in an establishment and that is subject to that system of inspection may be recognized in accordance with subsections (2) and (3).

Application

(2) An application for the recognition of the system of manufacturing, processing, treating, preserving, handling, testing, grading, coding, slaughtering, storing, packaging or labelling must be made to the Minister in writing by the foreign state in which the establishment is located and must contain the following information:

Recognition by Minister

(3) The Minister must recognize a system of manufacturing, processing, treating, preserving, handling, testing, grading, coding, slaughtering, storing, packaging or labelling in respect of which an application is made if

Suspension of recognition — system of inspection

170 (1) The Minister must suspend the recognition of a foreign state’s system of inspection if

Suspension of recognition — system used in establishment

(2) The Minister must suspend the recognition of a system of manufacturing, processing, treating, preserving, handling, testing, grading, coding, slaughtering, storing, packaging or labelling referred to in section 169 if

Notice

(3) The Minister must notify the foreign state in writing of the suspension under subsection (1) or (2), the grounds for the suspension and the date on which it takes effect.

Effective date

(4) The suspension takes effect on the day on which the notice is issued.

Reinstatement

(5) If the situation that gave rise to a suspension no longer exists, the Minister must notify the foreign state in writing that the recognition is no longer suspended.

Cancellation of recognition — system of inspection

171 (1) The Minister must cancel the recognition of a foreign state’s system of inspection if

Cancellation of recognition — system used in establishment

(2) The Minister must cancel the recognition of a system of manufacturing, processing, treating, preserving, handling, testing, grading, coding, slaughtering, storing, packaging or labelling referred to in section 169 if

Notice

(3) The Minister must notify the foreign state in writing of the cancellation under subsection (1) or (2), the grounds for the cancellation and the date on which it takes effect.

Effective date

(4) The cancellation takes effect on the day on which the notice is issued.

Systems existing before coming into force of these Regulations

172 (1) The following systems are considered to be recognized under this Part:

Suspension and cancellation

(2) For greater certainty, the recognition of a system referred to in subsection (1) may be suspended or cancelled in accordance with this Part.

PART 8

Ministerial Exemptions

Application

173 A person may apply, in a form approved by the President, for an exemption from the application of a provision of the Act or these Regulations for the purpose of test-marketing a food or of alleviating a shortage in Canada in the available supply of a food that is manufactured, processed or produced in Canada.

Exemption

174 (1) The Minister may, in writing, make the exemption if

Conditions

(2) The Minister may, at any time, make the exemption subject to conditions.

Period of validity

(3) The exemption is valid until the expiry date that is specified in the exemption or, if no date is specified, until the end of the period that is two years after the day on which the exemption is made.

Cancellation

175 The Minister may cancel an exemption if

PART 9

Inspection Legends

Definition inspection mark — inspection legends

176 For the purpose of the definition inspection mark in section 2 of the Act, the inspection legends set out in Figures 1 and 2 of Schedule 2 are prescribed.

Meat products — Figure 1 of Schedule 2

177 (1) A licence holder or an inspector is authorized to apply the inspection legend set out in Figure 1 of Schedule 2 to, and use it in connection with, a meat product, whether prepackaged or not, if the following conditions are met:

Meat products — Figure 2 of Schedule 2

(2) The licence holder or inspector is authorized to apply and use the inspection legend set out in Figure 2 of Schedule 2 instead of the one set out in Figure 1 of that Schedule if the meat product is a prepackaged meat product and its container

Processed egg products

178 A licence holder or an inspector is authorized to apply the inspection legend set out in Figure 1 of Schedule 2 to, and use it in connection with, a prepackaged processed egg product if the following conditions are met:

Fish

179 A licence holder or an inspector is authorized to apply the inspection legend set out in Figure 1 or 2 of Schedule 2 to, and use it in connection with, prepackaged fish if the following conditions are met:

Licence number

180 A licence holder or an inspector who applies or uses the inspection legend set out in Figure 1 of Schedule 2 must replace the numbers “00” with the licence holder’s licence number.

Inspection documents

181 (1) Publishers of documents on the subject of the inspection of meat products, processed egg products or fish are authorized to use the inspection legends set out in Figures 1 and 2 of Schedule 2 when publishing those documents.

Advertising documents

(2) Publishers of documents that advertise meat products, processed egg products or fish are authorized to use the inspection legends set out in Figures 1 and 2 of Schedule 2 when publishing those documents.

Stamps

(3) Manufacturers of stamps are authorized to use the inspection legends set out in Figures 1 and 2 of Schedule 2 when manufacturing stamps if the stamps that bear the inspection legend are provided to a person who is authorized under section 177, 178 or 179 to apply and use the inspection legend.

Labels and packages

(4) Printers of labels and manufacturers of packages are authorized to use the inspection legends set out in Figures 1 and 2 of Schedule 2 when printing labels and manufacturing packages if the labels and packages that bear the inspection legend are provided to a person who is authorized under section 177, 178 or 179 to apply and use the inspection legend.

Official export labels

(5) Despite subsection (4), printers of official export labels are authorized to use the inspection legends set out in Figures 1 and 2 of Schedule 2 when printing those labels only if the labels that bear the inspection legend are provided to an inspector.

Advertising and sale

(6) A person who is authorized under any of subsections (1) to (5) to use an inspection legend is authorized to advertise and sell the labels, packages, documents and stamps, as the case may be, that bear the inspection legend.

Advertising and sale of certain foods

182 A person is authorized to advertise, and to use the inspection legends set out in Figures 1 and 2 of Schedule 2 for that purpose, and sell meat products, prepackaged processed egg products or prepackaged fish that have the inspection legend on them, or that have it used in connection with them, if the inspection legend was applied or is used in accordance with these Regulations.

PART 10

Packaging

DIVISION 1
General

Requirements for packages

183 A prepackaged food that is sent or conveyed from one province to another or that is imported or exported must meet the following requirements:

DIVISION 2
Standard Container Sizes

Application

184 Unless otherwise specified, the requirements of this Division apply in respect of foods that are sent or conveyed from one province to another, foods that are imported and foods — other than foods that are set out in column 1 of Table 1 of Schedule 3 or foods that are set out in any of items 5 to 10, column 1, of Table 2 of that Schedule — that are exported.

Table 1 of Schedule 3 — weight or volume requirements

185 The container of a consumer prepackaged food that is set out in column 1 of Table 1 of Schedule 3 must be of a size that corresponds to a net quantity by weight or by volume that is set out in column 2 or 3.

Table 2 of Schedule 3 — weight requirements

186 (1) Subject to subsections (3) and (4) and section 189, the container of a consumer prepackaged food that is set out in column 1 of Table 2 of Schedule 3 must be of a size that corresponds to a net quantity by weight that is set out in column 2.

Table 3 of Schedule 3 — weight requirements

(2) Subject to section 189, the container of a prepackaged food that is set out in column 1 of Table 3 of Schedule 3 must be of a size that corresponds to a net quantity by weight that is set out in column 2.

Exception

(3) Subsection (1) does not apply to a consumer prepackaged food that is set out in any of items 2 to 4, column 1, of Table 2 of Schedule 3 if

Exception — volume capacity

(4) The container of a consumer prepackaged food that is set out in any of items 5 to 10, column 1, of Table 2 of Schedule 3 may have any volume capacity that is set out in Table 7 of that Schedule, in the case of metric containers, or Table 8 of that Schedule, in the case of imperial containers.

Table 4 of Schedule 3 — volume and dimension requirements

187 Subject to section 189, the container of a prepackaged food that is set out in column 1 of Table 4 of Schedule 3 must be of a size that corresponds to a net quantity by volume that is set out in column 2 or 3 and must have the dimensions that are set out in column 4 or 5 for that net quantity.

Table 5 of Schedule 3 — volume and dimension requirements

188 (1) Subject to section 189, the container of a prepackaged food for which a grade is prescribed by these Regulations and that is set out in column 1 of Table 5 of Schedule 3 must, if the container is a hermetically sealed package, be of a size that corresponds to a net quantity by volume that is set out in column 2 or 3 and, if it is a metal container, it must also have the dimensions that are set out in column 4 or 5 for that net quantity.

Table 6 of Schedule 3 — volume and dimension requirements

(2) Subject to section 189, the container of a prepackaged food for which no grade is prescribed by these Regulations and that is set out in column 1 of Table 6 of Schedule 3 must, if the container is a hermetically sealed package, be of a size that corresponds to a net quantity by volume that is set out in column 2 or 3 and, if it is a metal container, it must also have the dimensions that are set out in column 4 or 5 for that net quantity.

Exception

189 The container of a prepackaged food that is set out in any of items 2 to 11, column 1, of Table 3 of Schedule 3 or in column 1 of Table 4, 5 or 6 of that Schedule may be of a size that is greater than the sizes that are required by sections 186 to 188 if

Certain prepackaged fresh fruits or vegetables

190 (1) The container of prepackaged fresh fruits or vegetables, other than consumer prepackaged fresh fruits or vegetables that are set out in any of items 5 to 10, column 1, of Table 2 of Schedule 3, for which a grade is prescribed by these Regulations must have a capacity that is not greater than

Exception

(2) Subsection (1) does not apply in respect of fresh fruits or vegetables that are exported.

DIVISION 3

Standard of Fill for Processed Fruit or Vegetable Products

Application

191 The requirements of this Division apply in respect of foods that are sent or conveyed from one province to another, foods that are imported and foods that are exported.

Frozen processed fruit or vegetable products

192 The package of a frozen processed fruit or vegetable product must be filled with the product to at least 90% of its volume capacity.

Non-frozen processed fruit or vegetable products

193 The package of a processed fruit or vegetable product, other than a frozen processed fruit or vegetable product,

Hermetically sealed packages

194 Despite section 193, a processed fruit or vegetable product that is in a hermetically sealed package must meet the requirements for minimum drained weight and average drained weight that are set out in the document entitled Minimum Drained Weights and Average Drained Weights for Processed Fruit or Vegetable Products in a Hermetically Sealed Package, prepared by the Agency and published on its website, as amended from time to time.

PART 11

Labelling

DIVISION 1
General

Interpretation

Definition Canadian unit

195 In this Part, Canadian unit means a unit of measurement that is set out in Schedule II to the Weights and Measures Act.

False, misleading or deceptive labelling

196 (1) For the purposes of subsection 6(1) of the Act, labelling a food in a manner that is false, misleading or deceptive or is likely to create an erroneous impression includes using a label that bears

Declaration of net quantity — labelling

(3) For the purposes of subsection 6(1) of the Act, using a label that bears a declaration of net quantity of a consumer prepackaged food does not constitute labelling a food in a manner that is false, misleading or deceptive if

Reference to Schedule 4

(5) For the purpose of paragraph (3)(b), the prescribed tolerance for a declared net quantity that is set out in column 1 of the applicable table in Schedule 4 is the tolerance that is set out in column 2 or 3 for that net quantity.

Standard Prescribed for Food

Food meeting standard

197 A food, whether prepackaged or not, that is sent or conveyed from one province to another, or imported or exported, and whose label bears a common name printed in boldface type, but not in italics, in the Standards of Identity Document or in any of sections 252 to 254 must meet any standard that applies in respect of that common name.

Icewine

198 It is prohibited for a person to sell a consumer prepackaged food whose label bears the word “icewine” or the expression “ice wine” or “ice-wine” or “vin de glace” or any similar word or expression, or any abbreviation of, symbol for or phonetic rendering of any of those words or expressions, unless the food meets the standard set out in Volume 8 of the Standards of Identity Document.

DIVISION 2
Basic Requirements

Non-application of Division

Solely for export

199 This Division does not apply in respect of a consumer prepackaged food that is manufactured, prepared, packaged or labelled only for export and that is not sold for consumption in Canada.

Label Required

Sale — prepackaged food

200 It is prohibited for a person to sell a prepackaged food unless a label that meets the requirements of this Division is applied or attached to the prepackaged food in the manner set out in these Regulations.

Requirements relating to prohibition in subsection 10(3) of Act

201 A prepackaged food that is sent or conveyed from one province to another or that is imported must have a label applied or attached to it in the manner set out in these Regulations.

Exception

202 Sections 200 and 201 do not apply in respect of prepackaged foods that are

Information

Prepackaged Foods

Prepackaged food

203 (1) Unless otherwise provided by this Part, a label that is applied or attached to a prepackaged food must bear the following information:

Exception — name and principal place of business

(2) The information referred to in paragraph (1)(b) may be shown on the part of the label, if any, that is applied or attached to the bottom of the container if it is also shown on a part of the label that is not applied or attached to the bottom of the container.

Exception — common name

204 (1) The following foods need not be labelled with the common name:

Definition apple

(2) In paragraph (1)(b), apple means a fresh apple for which a grade is prescribed by these Regulations.

Exception — name and principal place of business

205 Consumer prepackaged fresh fruits or vegetables that are packaged at retail in such a manner that the fresh fruits or vegetables are visible and identifiable in the container need not be labelled with the name and principal place of business referred to in paragraph 203(1)(b).

Consumer Prepackaged Foods

Consumer prepackaged food — declaration of net quantity

206 A label that is applied or attached to a consumer prepackaged food must bear, on its principal display panel, a declaration of net quantity of the food.

Place of manufacture — label or container

207 If the label that is applied or attached to a consumer prepackaged food bears any reference, direct or indirect, to the place of manufacture of the label or container, the reference to that place must be accompanied by an additional statement that indicates that the reference relates only to the place of manufacture of the label or container.

Name of importer

208 (1) If a consumer prepackaged food was wholly manufactured, processed or produced in a foreign state and the name and principal place of business of the person in Canada for whom it was manufactured, processed or produced or the person by whom it was stored, packaged or labelled in Canada is shown on its label, that information must be preceded by the expressions “Imported by” and “importé par” or the expressions “Imported for” and “importé pour”, as the case may be, unless the geographic origin of the consumer prepackaged food is shown on the label in accordance with subsection (3).

Food packaged in Canada

(2) If a food that was wholly manufactured, processed or produced in a foreign state is packaged in Canada other than at retail and the name and principal place of business of the person in Canada for whom the food was manufactured, processed or produced is shown on the label that is applied or attached to the resulting consumer prepackaged food, that information must be preceded by the expressions “Imported by” and “importé par” or the expressions “Imported for” and “importé pour”, as the case may be, unless the geographic origin of the food is shown on the label in accordance with subsection (3).

Geographic origin

(3) The geographic origin of a food must, subject to the requirements of any other federal or provincial law, be shown

Flavouring ingredient

209 (1) If a flavouring ingredient is added to a consumer prepackaged food, the label that is applied or attached to the consumer prepackaged food must bear a statement that indicates that the flavouring ingredient is imitation, artificial or simulated if

Statement

(2) The statement must be shown

Application of Label

Prepackaged food

210 The label of a prepackaged food must be applied or attached in such a manner that the food will be labelled at the time it is sold.

Consumer prepackaged food — container

211 Subject to section 213, the label of a consumer prepackaged food that is offered for sale must be applied or attached to the container in accordance with section 212.

Principal display surface

212 (1) All or part of the label of a consumer prepackaged food must be applied to the principal display surface.

Ornamental container

(2) Despite subsection (1), in the case of a consumer prepackaged food whose container is an ornamental container, the label may be applied to the bottom of the container or attached to the container.

Display card

213 In the case of a consumer prepackaged food whose container is mounted on a display card, the label may be applied to the surface of the display card that is displayed or visible under customary conditions of sale or use.

Advertisement

Net quantity — principal display panel

214 It is prohibited for a person to advertise a consumer prepackaged food unless a label is applied or attached to the food in the manner set out in these Regulations and the label bears on its principal display panel the declaration of net quantity required by this Part.

Representations relating to net quantity

215 It is prohibited for a person, in advertising a consumer prepackaged food, to make any representation with respect to the net quantity of the food except in the manner set out in this Part for the declaration of net quantity.

Type Size — Specific Information

Consumer prepackaged food

216 (1) In the case of the label of a consumer prepackaged food, the following information must be shown in characters of at least the minimum height that is set out in column 3 or 4 of Schedule 5 for the area of a principal display surface that is set out in column 1 or 2:

Container mounted on display card — specific case

(2) For the purpose of subsection (1), in the case of a container that is mounted on a display card, the heading “Area of Principal Display Surface” in Schedule 5 is to be read as “The Total Area of the Surface of the Display Card that is Displayed or Visible under Customary Conditions of Sale or Use”, if the information is shown on a label that is applied to all or part of that surface.

Consumer prepackaged wine — specific case

(3) Despite paragraph (1)(a), in the case of consumer prepackaged wine, the numerical quantity in the declaration of net quantity may, if the net quantity is 750 mL, the container is no taller than 360 mm and the area of the principal display surface is greater than 258 cm2, be shown in characters of a height less than the minimum height that is set out in column 3 of Schedule 5, but must be shown in characters that are at least 3.3 mm in height.

Manner of Showing Declaration of Net Quantity

Legibility

Consumer prepackaged food

217 The declaration of net quantity that is shown on the label of a consumer prepackaged food must

Declaration by Volume, Weight or Numerical Count

General requirements

218 (1) Subject to section 219, the declaration of net quantity of a consumer prepackaged food must be shown by volume, in the case of a food that is a liquid or gas or is viscous, or by weight, in the case of a food that is solid.

Established trade practice

(2) If it is the established trade practice to show the net quantity of a consumer prepackaged food in another manner, subsection (1) does not apply and the declaration must be shown in accordance with that practice.

Oysters

(3) Despite subsections (1) and (2), in the case of oysters that are sold in the shell, other than those in a hermetically sealed package, the declaration of net quantity may be shown by volume, weight or numerical count.

Specific requirements

219 The declaration of net quantity of a consumer prepackaged food must be shown by volume, weight or numerical count in accordance with the document entitled Units of Measurement for the Net Quantity Declaration of Certain Foods, prepared by the Agency and published on its website, as amended from time to time.

Metric Units

Permitted units of measurement

220 The declaration of net quantity of a consumer prepackaged food must be shown in metric units, unless otherwise provided by these Regulations.

Millilitres, litres, grams and kilograms

221 (1) The metric units that are to be shown in a declaration of net quantity of a consumer prepackaged food must be in

Half-litre or half-kilogram

(2) Despite paragraphs (1)(a) and (c), 500 mL may be shown as 0.5 L and 500 g may be shown as 0.5 kg.

Decimal fraction

(3) In the case referred to in paragraph (1)(c), the net weight may be shown as a decimal fraction of a kilogram if the food is packaged from bulk at retail or is a catch-weight food that is sold by a retailer.

Number of digits

222 (1) When the declaration of net quantity of a consumer prepackaged food is shown in metric units, it must be shown in the decimal system to three figures.

Net quantity below 100 g or mL

(2) Despite subsection (1), if the net quantity is below 100 g or 100 mL, it may be shown to two figures.

Zero as final decimal

(3) Despite subsections (1) and (2), any final zero appearing to the right of the decimal point need not be shown.

Quantity less than one

223 If the declaration of net quantity of a consumer prepackaged food is shown in metric units and the quantity is less than one metric unit, the quantity must be shown

Metric Units and Canadian Units

Grouping

224 If the declaration of net quantity of a consumer prepackaged food is shown in metric units and Canadian units, those units must be grouped together, except that any symbol or pictogram that is shown in accordance with the Canada Consumer Product Safety Act or any regulations made under that Act may be shown between those units.

Canadian units of volume

225 (1) If the declaration of net quantity of a consumer prepackaged food whose volume is less than one gallon includes Canadian units, those units must be in fluid ounces, except that 20 fluid ounces may be shown as one pint, 40 fluid ounces as one quart, 60 fluid ounces as three pints, 80 fluid ounces as two quarts or as one-half gallon and 120 fluid ounces as three quarts.

Oysters

(2) Despite subsection (1), in the case of oysters that are sold in the shell, other than those in a hermetically sealed package, the declaration of net quantity must, if shown by volume, be shown in bushels or pecks.

Net quantity in advertisement

226 If the declaration of net quantity of a consumer prepackaged food or of a serving of the food is shown in metric units and Canadian units, the net quantity of the food or serving in an advertisement may be shown in either a metric unit or a Canadian unit.

Individually Packaged Food Sold as One Unit and Servings

Individually packaged food sold as one unit

227 If a consumer prepackaged food is sold as one unit but consists of two or more individually packaged foods that are labelled with the information required for a consumer prepackaged food, the declaration of net quantity of the consumer prepackaged food being sold as one unit must show

Prohibition — representation respecting number of servings

228 It is prohibited for a person to apply or attach to any consumer prepackaged food a label that bears any representation with respect to the number of servings contained in the consumer prepackaged food unless the label bears a declaration of net quantity of each serving in accordance with section 229.

Servings

229 (1) The declaration of net quantity of a serving of a consumer prepackaged food must be shown

Units

(2) The declaration of net quantity of a serving must be shown

Representation — cups or tablespoons

(3) If the representation with respect to the number of servings is made in terms of cups or tablespoons,

DIVISION 3
Specific Requirements for Certain Foods

Application of Division

Interprovincial trade, import and export

230 The requirements of this Division apply in respect of foods that are sent or conveyed from one province to another, foods that are imported and foods that are exported.

Declaration of Net Quantity

Non-application of certain provisions

231 The requirements relating to the declaration of net quantity that are set out in the following provisions do not apply in respect of a consumer prepackaged food:

Declaration of net quantity

232 Any declaration of net quantity that is required by this Division must be shown by volume, weight or numerical count in accordance with the document entitled Units of Measurement for the Net Quantity Declaration of Certain Foods, prepared by the Agency and published on its website, as amended from time to time.

Location of Information

Food or container

233 (1) A label that bears the information required by this Division in respect of a food must be applied or attached

Any part of label

(2) The information may be shown on any part of the label, unless otherwise provided by this Division in respect of the food.

Bottom of food or container

(3) Despite subsection (2), the information must not be shown on the part of the label, if any, that is applied or attached to the bottom of the prepackaged food or container unless it is also shown

Dairy Products

Prepackaged dairy products

234 The following information must be shown on the principal display panel of a prepackaged dairy product:

Prepackaged dairy products — not consumer prepackaged

235 The following information must be shown on the principal display panel of a prepackaged dairy product other than a consumer prepackaged dairy product:

Consumer prepackaged dairy products

236 The following information must be shown on the principal display panel of a consumer prepackaged dairy product:

Consumer prepackaged cheese

237 (1) The following information must be shown on the principal display panel of a consumer prepackaged (naming the variety) cheese:

Exceptions

(2) Subsection (1) does not apply to the following cheeses:

Relative firmness

(3) The relative firmness of the cheese must be identified by one of the following expressions:

Principal ripening characteristic

(4) The principal ripening characteristic of the cheese must be identified by one of the following words or expressions:

Imported dairy products

238 (1) The label of the following dairy products must bear the expression “Product of ” or “produit de”, followed by the name of the foreign state of origin:

Principal display panel

(2) In the case of the cheese referred to in paragraph (1)(b), the information must be shown on the principal display panel.

Exemption

239 Sections 234, 236 and 238 do not apply to an individual portion of a consumer prepackaged dairy product that is sold

Prepackaged dairy products to be exported

240 The label of a prepackaged dairy product that is to be exported must bear the expression “Product of Canada” or “produit du Canada”.

Type size

241 The information that is required by sections 238 and 240 must be shown in boldface type in characters that are at least 16 mm (5/8 inch) in height, in the case of a prepackaged dairy product other than a consumer prepackaged dairy product.

Eggs

Graded prepackaged eggs

242 The label of prepackaged eggs that are graded under these Regulations must bear the following information:

Size of label of graded egg

243 It is prohibited for a person to apply to an egg that is graded Canada A, Canada B, Grade A or Grade B a label that covers an area that is larger than 2.5 cm2.

Imported eggs

244 (1) The label of imported prepackaged eggs must bear the expressions “Product of” and “produit de”, followed by the name of the foreign state of origin.

Location and type size

(2) That information must be shown

Eggs to be exported

245 (1) The label of prepackaged eggs that are graded under these Regulations and that are to be exported must bear the expressions “Product of Canada” and “produit du Canada”.

Location and type size

(2) That information must be shown

Processed Egg Products

Prepackaged processed egg products

246 The label of a prepackaged processed egg product must bear the following information:

Imported prepackaged processed egg products

247 The label of an imported prepackaged processed egg product must also bear the expression “Product of” or “produit de”, followed by the name of the foreign state of origin.

Prepackaged dried egg blends

248 The label of the following prepackaged processed egg products must bear the expression “Product of Canada and” or “produit du Canada et”, followed by the name of the foreign state of origin:

Fish

Definitions

249 The following definitions apply in sections 250 to 257.

brine means sea water, with or without the addition of salt, or a solution of salt and fresh water. (saumure)

fillet means a slice of fish flesh of irregular size and shape, whether cut into sections or not, that

minced refers to particles of skeletal muscle that have been separated from clean, sound fish that has had the head and all internal organs, bones, skin and discoloured flesh removed. (haché)

salted fish means fish of the Gadidae family that has been preserved by salt and that has a salt content of 12% or more by wet weight and a moisture content of not more than 65%. (poisson salé)

whitefish means fish of the species Coregonus clupeaformis, Coregonus nasus or Prosopium cylindraceum. (poisson blanc)

Prepackaged fish

250 (1) The label of prepackaged fish must bear the following information:

Mackerel

(2) In the case of mackerel or mackerel fillets that are packaged without the addition of water, brine or a vinegar solution and that are in a hermetically sealed package, the label must bear the drained weight in addition to the declaration of net quantity, if the drained weight is less than 80% of that quantity.

Descriptive terms — minced fish

(3) The descriptive term referred to in paragraph (1)(d) must be shown in close proximity to the common name and in characters that are at least the height that is the greater of

Prepackaged fish placed in another container

251 If prepackaged fish that is labelled in accordance with this Part is placed in another container and the resulting product is prepackaged fish, other than consumer prepackaged fish, the resulting product need not be labelled with the declaration of net quantity referred to in paragraph 250(1)(j).

Salmon — common name

252 (1) If salmon that is in a hermetically sealed package is of a species that is set out in column 1 of the table to this section, the common name that is required to be shown on the label is any common name that is set out for that species in column 2.

Exception

(2) Despite subsection (1), in the case of minced salmon that is in a hermetically sealed package that contains mixed species, the common name that is required to be shown on the label is Minced Salmon.

TABLE

Item

Column 1

Species

Column 2

Common Name

1

Oncorhynchus gorbuscha

Pink Salmon

2

Oncorhynchus keta

Chum Salmon

Keta Salmon

3

Oncorhynchus kisutch

Coho Salmon

Medium Red Coho Salmon

4

Oncorhynchus nerka

Red Salmon

Red Sockeye Salmon

Sockeye Salmon

5

Oncorhynchus tschawytscha

Chinook Salmon

King Salmon

Spring Salmon

6

Salmo gairdnerii

Deep Sea Trout

Steelhead Salmon

7

Salmo salar

Atlantic Salmon

Salmon

Tuna — common name

253 If tuna that is in a hermetically sealed package is of a species that is set out in column 1 of the table to this section, the common name that is required to be shown on the label is Tuna or any common name that is set out for that species in column 2.

TABLE

Item

Column 1

Species

Column 2

Common Name

1

Euthynnus alletteratus

Atlantic Black Skipjack

Atlantic Little Tunny

2

Euthynnus lineatus

Black Skipjack

Little Tunny

3

Euthynnus yaito or Euthynnus affinis

Kawakawa

Little Tuna

4

Katsuwonus pelamis or Euthynnus pelamis

Skipjack

5

Sarda chiliensis or Sarda lineolata

Bonito

Bonito Tuna

6

Thunnus alalunga or Thunnus germo

Albacore

7

Thunnus albacares or Neothunnus macropterus

Yellowfin Tuna

8

Thunnus atlanticus

Blackfin Tuna

9

Thunnus maccoyii

Southern Bluefin Tuna

10

Thunnus obesus or Parathunnus mebachi

Bigeye Tuna

11

Thunnus thynnus orientalis

Oriental Tuna

12

Thunnus thynnus thynnus or Thunnus thynnus

Atlantic Bluefin Tuna

13

Thunnus tonggol or Neothunnus rarus

Tonggol Tuna

Frozen lobster meat — common name

254 The common name that is required to be shown on the label of prepackaged frozen lobster meat is Frozen Lobster Meat.

Fish in hermetically sealed package

255 In the case of fish that is in a hermetically sealed package, the declaration of net quantity referred to in paragraph 250(1)(j) must be shown on the principal display panel.

Imported prepackaged fish

256 The label of imported prepackaged fish must bear the name of the foreign state of origin.

Prepackaged whitefish

257 The label of prepackaged whitefish, other than imported prepackaged whitefish, must bear the name of the lake and province of origin.

Fresh Fruits or Vegetables

Prepackaged fresh fruits or vegetables

258 (1) The label of prepackaged fresh fruits or vegetables must bear the following information:

Prepackaged apples placed in another container

(2) If prepackaged fresh apples that are labelled in accordance with this Part are placed in another container and the resulting product is prepackaged fresh apples, other than consumer prepackaged fresh apples, the resulting product need not be labelled with the name of the variety.

Definition apple

(3) In paragraph (1)(a) and subsection (2), apple means a fresh apple for which a grade is prescribed by these Regulations.

Declaration of net quantity

(4) Unless the declaration of net quantity is shown by numerical count, it must be shown in metric units or Canadian units, or both, in which case the units must be grouped together.

Imported prepackaged fresh fruits or vegetables

259 (1) The expression “Product of” or “Produce of” or “produit de”, “Grown in” or “cultivé dans” or “Country of Origin” or “pays d’origine”, followed by the name of the foreign state in which the fresh fruits or vegetables were grown, or other words that clearly indicate that foreign state, must be shown on the principal display panel of imported prepackaged fresh fruits or vegetables in close proximity to the declaration of net quantity or the grade name.

Prepackaged fresh fruits or vegetables placed in another container

(2) If prepackaged fresh fruits or vegetables that are labelled in accordance with this Part are placed in another container and the resulting product is prepackaged fresh fruits or vegetables, other than consumer prepackaged fresh fruits or vegetables, the resulting product need not be labelled with the information referred to in subsection (1) if that information is readily discernible and legible without having to open the container and is not obscured by the container.

Subsequent repackaging

(3) This section applies whether or not the imported prepackaged fresh fruits or vegetables are subsequently repackaged in Canada.

Type size

260 (1) The information that is required by section 259 must be shown in boldface type in characters of at least the minimum height that is set out in column 3 or 4 of Schedule 5 for the area of a principal display surface that is set out in column 1 or 2.

Exception

(2) Subsection (1) does not apply in respect of consumer prepackaged fresh fruits or vegetables that are packaged from bulk at retail or catch-weight foods that are sold by a retailer.

Reusable plastic container

261 Despite subsection 260(1), in the case of prepackaged fresh fruits or vegetables, other than consumer prepackaged fresh fruits or vegetables, whose container is a reusable plastic container, the characters must be at least 1.6 mm in height.

Processed Fruit or Vegetable Products

Prepackaged processed fruit or vegetable products

262 (1) The label of a prepackaged processed fruit or vegetable product must bear the following information:

asparagus style or whole vertical pack, in respect of whole beans, means that the beans are packaged parallel to the sides of a package and are substantially equal in length, whether the beans are frozen or in a hermetically sealed package. (genre asperges ou entiers, emballage vertical)

cut, in respect of beans, means that the pods are cut transversely into pieces that are not more than 50.8 mm (2 inches) in length and not less than 19.05 mm (3/4 inch) in length, except in the case of shorter end pieces that result from cutting, whether the beans are frozen or in a hermetically sealed package. (coupés)

French cut or French style, in respect of beans, means that the pods are sliced lengthwise, whether the beans are frozen or in a hermetically sealed package. (coupe française ou à la française)

whole, in respect of whole beans, means that the beans are not arranged in any definite position in a package, whether the beans are frozen or in a hermetically sealed package. (entiers)

Identification name

263 A food that is set out in column 1 of Schedule 6 that is frozen or in a hermetically sealed package, that is packaged in syrup or fruit juice, or in fruit juice to which sugar has been added, and that has a percentage of soluble solids that is set out in any of paragraphs (a) to (e) of column 2 must be labelled with the identification name that is set out for that percentage in column 3.

Name of foreign state

264 (1) The label of an imported prepackaged processed fruit or vegetable product must bear the name of the foreign state where the processed fruit or vegetable product was packaged.

Type size

(2) The name must be shown in characters that are at least 1.6 mm in height.

Product packaged for Canadian importer

(3) Despite subsection (2), if the product was packaged for a Canadian importer under the importer’s private label, the name must be shown in characters that are at least

Honey

Prepackaged honey

265 (1) The label of prepackaged honey that is graded under these Regulations must bear the following information:

Location

(2) In the case of consumer prepackaged honey, the information must be shown on the principal display panel.

Graded Canadian honey

266 The label of prepackaged honey that is produced in Canada and graded under these Regulations must bear the expression “Product of Canada” or “produit du Canada” or “Canadian Honey” or “miel canadien”.

Imported prepackaged honey

267 (1) The label of imported prepackaged honey must bear the expression “Product of” or “produit de” followed by the name of the foreign state of origin.

Type size

(2) In the case of imported prepackaged honey, other than consumer prepackaged honey, that information must be shown in characters that are at least 9.5 mm in height.

Honey packaged from imported honey

268 The label of consumer prepackaged honey that was packaged from imported honey and graded under these Regulations must bear the expression “Product of” or “produit de” followed by the name of the foreign state of origin.

Blend of Canadian and imported honey

269 (1) The label of prepackaged honey that is a blend of imported honey and Canadian honey and graded under these Regulations must bear the expression “A Blend of Canadian and (naming the foreign state or states of origin) Honey” or “mélange de miel canadien et de miel (indication de l’État étranger ou des États étrangers d’origine)” or “A Blend of (naming the foreign state or states of origin) Honey and Canadian Honey” or “mélange de miel (indication de l’État étranger ou des États étrangers d’origine) et de miel canadien”.

Sources of honey

(2) The states of origin, Canadian or foreign, must be shown in descending order of the proportion of honey from each state.

Maple Products

Net quantity

270 (1) The label of a prepackaged maple product must bear a declaration of net quantity in metric units.

Exception

(2) Subsection (1) does not apply to maple syrup unless it is graded under these Regulations.

Imported maple products

271 The label of the following maple products must bear the name of the foreign state of origin:

Meat Products

Inspection legend — non-prepackaged edible meat products

272 (1) An edible meat product that is not prepackaged must bear the following information:

Application of inspection legend

(2) In the case of an edible dressed or partially dressed whole carcass or an edible dressed or partially dressed carcass side, other than such a carcass or carcass side of a domesticated rabbit or a bird that is not an ostrich, rhea or emu, the inspection legend must be applied after the post-mortem inspection or examination and before refrigeration, by

Size of inspection legend

(3) If an inspection legend or official inspection mark of a foreign state is applied directly on an edible meat product, the transverse axis passing through the centre of the legend or mark must be at least 25 mm in length.

Prepackaged edible meat products

273 The label of a prepackaged edible meat product must bear the following information on the principal display panel:

Inspection legend — prepackaged edible meat products

274 (1) The label of a prepackaged edible meat product must also bear the following information:

Principal display panel

(2) In the case of a prepackaged meat product, other than a consumer prepackaged meat product, the inspection legend or the official inspection mark of the foreign state of origin must be shown on the principal display panel.

Tamper-resistant seal

(3) Despite subsection (2), in the case of a prepackaged meat product, other than a consumer prepackaged meat product, the inspection legend or the official inspection mark of the foreign state of origin may be shown on the tamper-resistant seal, if such a seal is used, unless that seal is applied to the bottom of the container.

Edible meat products

275 (1) The label of an edible meat product may bear a word or expression that is set out in column 1 of Schedule 7 only if the edible meat product meets the requirements that are set out in column 2.

Location

(2) If such a word or expression is shown on the label, it must be shown in close proximity to the common name.

Animal species

276 The label of an edible meat product may describe the meat product as, or as being derived from, a carcass or part of a carcass or a cut, organ or tissue of an animal only if the label bears the name of the animal species, as it is commonly known, from which the meat product was derived.

Ready-to-eat product

277 The label of an edible meat product may bear a word or expression that indicates or suggests that it is a ready-to-eat product only if the requirements of section 45 are met in respect of the edible meat product.

Uncooked meat products

278 The following information must be shown on the principal display panel of a prepackaged edible meat product that is not a ready-to-eat product but could be mistaken for one:

Prepackaged poultry carcass

279 In the case of a prepackaged poultry carcass, if the carcass is dressed or partially dressed and has been graded under these Regulations, the common name must be shown on

Consumer prepackaged poultry carcass

280 In the case of a consumer prepackaged poultry carcass, if the carcass is dressed or partially dressed and has been graded under these Regulations, the label must bear

Poultry carcass — not individually packaged

281 In the case of a prepackaged poultry carcass, if the carcass is dressed or partially dressed and has been graded under these Regulations, but it is not individually packaged, the following information must be shown on a tag that is attached to the V of the wishbone of the poultry carcass:

Word “ham”

282 The label of an edible meat product may bear the word “Ham” or “jambon” only if the product is derived from the hind leg of a dressed swine carcass above the tarsal joint.

Label of edible meat products — exception

283 (1) An edible meat product whose label does not comply with these Regulations may be sent or conveyed from an establishment that is identified in a licence if

Tamper-resistant seal

(2) The tamper-resistant seal on the prepackaged meat product or conveyance must not be broken until after the meat product arrives at the other establishment.

Imported meat products

284 (1) The label of an imported meat product must bear the expressions “Product of” and “produit de”, followed by the name of the foreign state of origin, in close proximity to the common name.

Type size

(2) The information must, whether the meat product is a consumer prepackaged meat product or not, be shown in characters of the height required by subsections 292(2) and (3).

Subsequent packaging or labelling

(3) This section applies whether or not the imported meat product is subsequently packaged or labelled in Canada without being manufactured or prepared in Canada.

Imported consumer prepackaged poultry carcasses

285 In the case of an imported consumer prepackaged poultry carcass, if the carcass is dressed or partially dressed and has been graded under these Regulations, the information required by subsection 284(1) must be shown in the same colour as the grade name.

DIVISION 4

General Requirements
Information

Compliance with requirements of this Part

286 If a prepackaged food need not be labelled with any item of information referred to in this Part, but is nevertheless labelled with that item of information, the item of information must meet the requirements of this Part.

Use of word “classifié”

287 Whenever a provision of these Regulations requires the word “classifié” to be shown on a label, the word “classé” may be used in its place.

Official Languages

Prepackaged food

288 The information that a label of a prepackaged food, other than a consumer prepackaged food, is required by this Part to bear must, unless otherwise provided by this Part, be shown in at least one official language.

Consumer prepackaged food

289 (1) The information that a label of a consumer prepackaged food is required by this Part to bear must be shown in both official languages in accordance with subsections B.01.012(1) to (10) of the Food and Drug Regulations, except as otherwise provided by those subsections.

Modifications

(2) For the purpose of subsection (1),

Legibility and Type Size

General criteria

290 The information that a label is required by these Regulations to bear must be

Upper or lower case

291 Whenever a word or expression that appears in quotation marks in these Regulations is required to be shown on a label, it may, unless otherwise provided, be shown in upper or lower case, or both, so long as it meets the legibility and character height requirements of these Regulations.

Type size

292 (1) This section applies unless another provision of this Part specifies a character height for a particular item of information.

Consumer prepackaged foods

(2) The information that a label of a consumer prepackaged food is required by this Part to bear must be shown in characters that are at least 1.6 mm (1/16 inch) in height.

Exception

(3) That information, other than the declaration of net quantity, may be shown in characters that are at least 0.8 mm (1/32 inch) in height if

Measurement of type size

293 The height of the characters in words shown on a label is to be determined by measuring

DIVISION 5

Exemptions from this Part

Divisions 2 and 4

294 In Divisions 2 and 4, only sections 200, 201, 203, 210, 211, 289 and 290 apply in respect of a consumer prepackaged food that is

Declaration of net quantity

295 The following consumer prepackaged foods need not be labelled with the declaration of net quantity referred to in section 206:

Individually measured food

297 (1) A declaration of net quantity of a consumer prepackaged food that is an individually measured food need not meet the legibility and character height requirements of paragraph 216(1)(a), subsections 216(2) and (3), paragraph 217(b) and subsection 292(2).

Food packaged from bulk

(2) The declaration of net quantity of a consumer prepackaged food, other than an individually measured food, that is packaged from bulk at retail, need not, if it is clearly shown on the principal display panel in Canadian units,

Individually packaged food sold as one unit

298 A label of a consumer prepackaged food need not meet the requirements of sections 206, 227 and 228 if

PART 12

Grades and Grade Names

Interpretation

Definitions

299 The following definitions apply in this Part.

beef carcass has the same meaning as in the Grades Document. (carcasse de bœuf)

bison carcass has the same meaning as in the Grades Document. (carcasse de bison)

colour reading means a reading of the colour reflectance of the muscle of a livestock carcass that is obtained by an accurate light-reflectance measuring instrument. (valeur colorimétrique)

grader means a person who is designated as a grader for the purposes of the Act under subsection 13(3) of the Canadian Food Inspection Agency Act. (classificateur)

grade roller means a tool that is used to apply a roller brand on each side of a livestock carcass. (rouleau à estampiller)

Grades Document means the document entitled Beef, Bison and Veal Carcass Grade Requirements, prepared by the Canadian Beef Grading Agency and published on its website, as amended from time to time. (Document de classification)

grade stamp means a mark that is applied to a livestock carcass and that shows the grade name and the grader’s code. (cachet de classification)

grade stamp applicator means a tool that is used to apply a grade stamp or a yield stamp to a livestock carcass. (applicateur de cachet de classification)

grading stand means a platform that is used for grading livestock carcasses. (plate-forme de classification)

identification code means a distinct code that is applied to a food animal before slaughter and grading to ensure its traceability. (code d’identification)

knife-rib means to cut the left side, or the left and right sides, of a beef carcass or bison carcass in the following locations by severing the vertebrae and cutting 15 cm or more beyond the longissimus muscles in order to expose those muscles for evaluation by a grader:

livestock carcass means a beef carcass, bison carcass, ovine carcass or veal carcass. (carcasse de bétail)

lot means a group of food animals or a quantity of livestock carcasses that, for any reason, is considered together for inspection. (lot)

marketing agency means a board or commission that is established under an Act of a province that regulates the marketing of bovine or ovine animals. (office de commercialisation)

meat inspection stamp means

musculature means the size and shape of the muscles of a livestock carcass. (musculature)

ovine carcass has the same meaning as in the Compendium. (carcasse d’ovin)

primal cut means

producer means a person who sells livestock for slaughter. (producteur)

provincial establishment means an establishment

roller brand means the mark that is applied to a beef carcass and that shows the grade name and the number that is assigned to the establishment where the livestock carcass is graded. (marque d’estampillage)

sub-primal cut means a cut of meat that is greater than 125 cm3 and that is derived from a beef carcass or a primal cut of a beef carcass. (coupe sous-primaire)

trim means to remove all or part of the external fat from a livestock carcass. (parer)

veal carcass has the same meaning as in the Grades Document. (carcasse de veau)

weighmaster means an employee of an establishment that is identified in a licence or of a provincial establishment who is trained by a grader to operate a scale that is approved under section 3 of the Weights and Measures Act. (peseur)

yield class has the same meaning as in the Compendium or the Grades Document, as applicable. (catégorie de rendement)

yield stamp has the same meaning as in the Compendium or the Grades Document, as applicable. (cachet de rendement)

Grade Names

Prescribed grade names

300 For the purpose of the definition grade name in section 2 of the Act, the grade names that are set out in the Compendium and in the Grades Document are prescribed in respect of foods.

Application and Use of Grade Name

Mandatory grading

301 (1) Subject to subsections (7) and 305(1), any egg, fish, fresh fruit or vegetable, processed fruit or vegetable product, honey, maple syrup or beef carcass in respect of which grades are prescribed by these Regulations that is sent or conveyed from one province to another — or imported or exported — must be graded, must meet the requirements that are set out in the Compendium or the Grades Document in respect of the applicable grade of that food and must be labelled, in accordance with the Compendium or the Grades Document, with the applicable grade name that is set out in the Compendium or the Grades Document.

Optional grading

(2) Despite subsection (1), the following foods in respect of which grades are prescribed by these Regulations may be sent or conveyed from one province to another — or imported or exported — without being graded:

Graded foods

(3) Subject to subsections (7) and 305(1), if a food referred to in subsection (2), or any of the following foods for which grades are prescribed by these Regulations, is graded and sent or conveyed from one province to another — or imported or exported — it must meet the requirements that are set out in the Compendium or the Grades Document in respect of the applicable grade of that food and be labelled, in accordance with the Compendium or the Grades Document, with the applicable grade name that is set out in the Compendium or the Grades Document:

Labelling of grade name

(5) In the case of a consumer prepackaged food, the grade name must be shown

Official languages

(6) The grade name must be shown in accordance with sections 288 and 289 — as if it were information that is required by Part 11 to be shown on the label of the food — except in the case of consumer prepackaged fish or consumer prepackaged maple syrup, in which case the grade name may be shown in only one official language.

Exceptions

(7) Subsection (1) does not apply to a fresh fruit or vegetable that is exported and subsection (3) does not apply to a dairy product that is exported.

Authorized application or use

302 (1) Subject to subsection (2), a licence holder is authorized, in accordance with this Part, to apply a grade name to or use a grade name in connection with a food that is identified in their licence.

Livestock carcass or poultry carcass

(2) In the case of a livestock carcass or a poultry carcass that is dressed or partially dressed, only a person who is referred to in the Compendium or the Grades Document is authorized, under the circumstances set out in the Compendium or the Grades Document, to apply a grade name in accordance with this Part.

Authorized use — reproduction

303 The following persons are authorized to reproduce a grade name:

Authorized use — advertising or sale

304 Any person is authorized to use a grade name in the advertising or sale of a food if the food is labelled with the grade name in accordance with these Regulations.

Imported Foods

Foreign state grade designation

305 (1) If the Compendium indicates that an imported food is to be labelled with a grade designation that is established by the foreign state of origin, the imported food must be labelled with that grade designation rather than with a grade name, and the grade designation must be shown in accordance with subsections 301(5) and (6) as if it were a grade name.

Certain foods graded by licence holder

(2) Despite subsection (1), if an imported processed fruit or vegetable product, an imported dairy product or imported fish is graded by a licence holder, it must be labelled with the applicable grade name that is set out in the Compendium for processed fruit or vegetable products, dairy products or fish that are not imported.

Maple syrup

(3) Maple syrup that is imported and that is graded and packaged in Canada may, if it is graded in an establishment that is identified in a licence, other than an establishment where maple syrup is prepared directly from maple sap, be labelled with the applicable grade name that is set out in the Compendium for maple syrup that is not imported.

No prescribed grade name

306 An imported food in respect of which no grade name is prescribed by these Regulations may be labelled with the grade designation that is established by the foreign state of origin if

Exceptions and Additional Requirements

Beef Carcasses

Imported beef

307 Despite section 301, a beef carcass, or a carcass side, hind quarter, front quarter, primal cut or sub-primal cut of a beef carcass, that is not prepackaged may be imported if

Non-prepackaged beef

308 Despite section 301, a beef carcass, or a carcass side, hind quarter, front quarter, primal cut or sub-primal cut of a beef carcass, that is not prepackaged and that does not bear a grade name may be sent or conveyed from one province to another if it is accompanied by documentation, for presentation to an inspector or grader, that indicates its grade name.

Ungraded beef

309 (1) Despite section 301, a beef carcass, or a carcass side, hind quarter, front quarter, primal cut or sub-primal cut of a beef carcass, that has not been graded may be sent or conveyed from one province to another or exported in the following circumstances:

Ungraded beef — imported

(3) Despite section 301, a beef carcass, or a carcass side, hind quarter, front quarter, primal cut or sub-primal cut of a beef carcass, that has not been graded may be imported in the following circumstances:

Fish

Prepackaged fish

310 Prepackaged fish that is sent or conveyed from one province to another — or imported or exported — must be labelled in at least one official language, in close proximity to the grade name, with the applicable class and size designation, if any, that are set out in the Compendium.

Eggs

Ungraded eggs

311 (1) Ungraded eggs that are received at an establishment where eggs are graded by a licence holder must be graded and labelled with the applicable grade name that is set out in the Compendium or, if they do not meet the requirements in respect of any grade that are set out in these Regulations, they must be rejected.

Rejected eggs

(2) Eggs that are rejected must be destroyed or be placed in a container that is labelled with the words “Rejects” and “rejetés”.

Eggs — Canada A

312 Eggs that are graded Canada A must be labelled with the applicable size designation that is set out in the Compendium. The size designation must be shown on the container in both official languages, in close proximity to the grade name.

Fresh Fruits or Vegetables

Imported prepackaged fresh fruits or vegetables

313 Despite section 301, consumer prepackaged fresh fruits or vegetables that are imported and sold in their original container may be labelled with a grade designation that is established by the foreign state of origin if they meet the requirements of the foreign state in respect of that grade designation and those requirements are substantially equivalent to the requirements, if any, that are applicable under these Regulations in respect of the fruits or vegetables.

Fresh fruits or vegetables — size designation

314 Fresh fruits or vegetables that are sent or conveyed from one province to another or imported must be labelled with the applicable size designation, if any, that is set out in the Compendium. The size designation must

Processed Fruit or Vegetable Products

Processed fruit or vegetable products

315 (1) A processed fruit or vegetable product that is sent or conveyed from one province to another — or imported or exported — must be labelled with the applicable size designation, if any, that is set out in the Compendium. The size designation must be shown in close proximity to the grade name in characters that are at least 1.6 mm in height.

Ungraded as to size or mixed sizes

(2) Despite subsection (1), green or wax beans, peas, lima beans, asparagus tips or spears, whole white potatoes, whole carrots or cut carrots-whole style — in a hermetically sealed package — that have not been size graded or that are not all of the same size may be labelled, as the case may be, with the expressions

Official languages

(3) The size designation referred to in subsection (1) and the expressions referred to in paragraphs (2)(a) and (b) must be shown in accordance with sections 288 and 289 as if it were information that is required by Part 11 to be shown on the label of the food.

Substandard processed fruit or vegetable products

316 (1) Despite section 301, a processed fruit or vegetable product that does not meet the requirements in respect of any grade that are set out in these Regulations may be sent or conveyed from one province to another — or imported or exported — if it is labelled with the words “Substandard” and “sous-régulier”.

Official languages

(2) The words referred to in subsection (1) must be shown in accordance with sections 288 and 289 as if it were information that is required by Part 11 to be shown on the label of the food.

Non-application of paragraph 15(1)(a)

(3) Paragraph 15(1)(a) does not apply to a processed fruit or vegetable product that is labelled in accordance with subsections (1) and (2).

Honey

Substandard honey

317 (1) Despite section 301, honey that does not meet the requirements in respect of any grade that are set out in these Regulations may be sent or conveyed from one province to another — or imported or exported — if it is labelled with the words “Substandard” and “sous-régulier”.

Official languages

(2) The words referred to in subsection (1) must be shown in accordance with sections 288 and 289 as if it were information that is required by Part 11 to be shown on the label of the food.

Non-application of paragraph 15(1)(a)

(3) Paragraph 15(1)(a) does not apply to honey that is labelled in accordance with subsections (1) and (2).

Honey — colour class

318 (1) Honey that is sent or conveyed from one province to another — or imported or exported — must be labelled with the applicable colour class that is set out in the Compendium. The colour class must be shown on the container, in close proximity to the grade name, either in characters of at least the minimum height that is set out in column 3 or 4 of Schedule 5 for the area of a principal display surface that is set out in column 1 or 2 or in the manner set out in the Compendium.

Official languages

(2) The colour class referred to in subsection (1) must be shown in accordance with sections 288 and 289 as if it were information that is required by Part 11 to be shown on the label of the food.

Maple Syrup

Maple syrup — colour class

319 Maple syrup that is graded Canada Grade A and is sent or conveyed from one province to another or exported, or that is graded Grade A and is imported, must be labelled with the applicable colour class that is set out in the Compendium. The colour class must be shown on the container in both official languages in characters of at least the minimum height that is set out in column 3 or 4 of Schedule 5 for the area of a principal display surface that is set out in column 1 or 2.

Labelling of Grade Name and Packaging of Graded Food

Illustration of grade name

320 A grade name that is applied to a beef carcass, bison carcass, ovine carcass, veal carcass, poultry carcass that is dressed or partially dressed, dairy product or egg must be as illustrated in the Compendium or the Grades Document.

Prepackaged cut of beef

321 A grade name that is applied to a prepackaged primal cut or sub-primal cut of a beef carcass must correspond to the grade of the beef carcass from which it is cut.

Beef — Canada AAA

322 A cut from a beef carcass that is graded Canada AAA and that is exported in a container may be labelled with the expression “Canada Choice” or “Choix Canada” instead of the grade name.

Livestock carcass — removal of marking

323 (1) A grade stamp, roller brand or yield stamp must not be removed from a livestock carcass or a primal cut of a livestock carcass unless the removal is at the direction of and under the supervision of a grader or the livestock carcass or primal cut is being trimmed for further processing.

Removal of marked fat

(2) If fat that is marked with a grade stamp, roller brand or yield stamp is removed from a livestock carcass or a primal cut, the fat must be disposed of under a grader’s supervision unless the fat is

Beef carcass — rib

(3) If the carcass referred to in paragraph (2)(b) is a beef carcass that is graded Canada A, Canada AA, Canada AAA or Canada Prime, the fat must be applied to the rib of the carcass.

Livestock carcass — additional marks

324 A livestock carcass or primal cut of a livestock carcass that is marked with a grade stamp, roller brand or yield stamp may bear another mark only if

Packaging of poultry carcasses in same container

325 Only graded poultry carcasses that are dressed or partially dressed and that have the same common name may be packaged in the same container.

Conditions for Grading of Certain Foods
Grading of Livestock Carcasses

Request for grading

326 A grader may apply a grade name to a livestock carcass in an establishment that is identified in a licence or in a provincial establishment if one of the following persons has requested that the carcass be graded:

Adequate facilities

328 (1) If more than 400 livestock carcasses are graded per hour in an establishment that is identified in a licence or in a provincial establishment, more than one grading stand is required for the purpose of paragraph 327(f).

Grading stand — requirements

(2) For the purpose of paragraph 327(f), a grading stand must be easily adjustable for height and must

Weighing before trimming

329 A livestock carcass to which a grade name is to be applied must be weighed before it is trimmed, unless an inspector or grader directs that it be trimmed before it is weighed.

Grading of Poultry Carcasses

Conditions for grading — dressed carcass

330 (1) A grader may apply a grade name to a poultry carcass that has been dressed if

Conditions for grading — partially dressed carcass

(2) A grader may apply a grade name to a poultry carcass that has been partially dressed if

Grading in an establishment

(3) A grade name may only be applied to a poultry carcass in an establishment that is identified in a licence or in a provincial establishment.

Grading of Eggs

Condition for grading

331 (1) A licence holder may apply a grade name to an egg only if the egg

Exception

(2) Despite paragraph (1)(e), a licence holder may apply the grade name Canada C to an egg that has a particle of the oviduct or a blood spot neither of which exceeds 3 mm in diameter.

Grading Certificates

Conditions for issuance

332 (1) A grader — or a licence holder, the operator of a provincial establishment or a marketing agency under the direction of a grader — may issue a grading certificate in respect of a livestock carcass or a lot of livestock carcasses if

Certificate — required contents

(2) The grading certificate must be signed by the grader and contain the following information:

Recording of information

(3) The information referred to in subsection (2) may be recorded on the grading certificate by the licence holder, the operator or the marketing agency referred to in subsection (1).

PART 13

Seizure and Detention

Detention tag

333 An inspector who seizes and detains a thing under section 25 of the Act must apply or attach a detention tag to it on which the following information is shown:

Prohibition — removal of detention tag

334 It is prohibited for a person to remove a detention tag from a thing that has been seized and detained unless authorized to do so by an inspector.

Notice of detention

335 (1) As soon as feasible after a thing has been seized and detained, an inspector must provide a notice of detention to its owner or to the person having possession, care or control of it at the time of its seizure.

Content of notice of detention

(2) The notice of detention must indicate that the thing was seized and detained under section 25 of the Act and set out the following information:

Storage conditions

336 Anything that is seized must be stored by the person to whom the notice of detention is provided, under storage conditions that are appropriate for its preservation and at the person’s expense.

Notice of release

337 If a thing is released under section 30 of the Act, an inspector must provide a notice of release to the person to whom the notice of detention was provided.

PART 14

Organic Products

Interpretation

Definitions

338 The following definitions apply in this Part.

aquaculture animal means an animal that is raised in captivity in fresh, brackish or salt water. (animal d’aquaculture)

aquatic plant means a plant that is cultivated or naturally growing in fresh, brackish or salt water. It does not include fresh fruits or vegetables. (plante aquatique)

CAN/CGSB 32.310 means the Canadian General Standards Board standard CAN/CGSB 32.310, entitled Organic Production Systems — General Principles and Management Standards, as amended from time to time. (norme CAN/CGSB 32.310)

CAN/CGSB 32.311 means the Canadian General Standards Board standard CAN/CGSB 32.311, entitled Organic Production Systems — Permitted Substances Lists, as amended from time to time. (norme CAN/CGSB 32.311)

CAN/CGSB 32.312 means the Canadian General Standards Board standard CAN/CGSB 32.312, entitled Organic Aquaculture Standards, as amended from time to time. (norme CAN/CGSB 32.312)

certification body means a person who is accredited as a certification body under section 358 or 360 and who is responsible for the organic certification of food commodities and for the certification of various activities in respect of organic products. (organisme de certification)

conformity verification body means a person who, having complied with the requirements set out in ISO/IEC 17011, has entered into an agreement with the Agency under subsection 14(1) of the Canadian Food Inspection Agency Act to assess, recommend for accreditation and monitor certification bodies. (organisme de vérification de la conformité)

ISO/IEC 17011 means the International Organization for Standardization standard ISO/IEC 17011, entitled Conformity assessment — General requirements for accreditation bodies accrediting conformity assessment bodies, as amended from time to time. (norme ISO/CEI 17011)

ISO/IEC 17065 means the International Organization for Standardization standard ISO/IEC 17065, entitled Conformity assessment — Requirements for bodies certifying products, processes and services, as amended from time to time. (norme ISO/CEI 17065)

various activities means manufacturing, processing, treating, handling, slaughtering, producing, storing, packaging, labelling and conveying. (diverses activités)

Prescribed food commodities

339 (1) For the purpose of paragraph (c) of the definition food commodity in section 2 of the Act, the following are prescribed food commodities:

Feed

(2) For the purpose of paragraph (1)(a), a reference to “livestock” in the definition feed in section 2 of the Feeds Act is to be read as a reference to “livestock or aquaculture animals”.

Exemption

(3) A food commodity that is not otherwise included in paragraph (a) or (b) of the definition food commodity in section 2 of the Act is exempted from the application of any provision of the Act and of these Regulations that is not necessary to give effect to this Part. For greater certainty, the exemption does not include section 6 of the Act.

Various Activities

Conduct of activities

340 The various activities may only be conducted in respect of an organic product by a person who holds a certification that is granted under section 342 or 345 in respect of the activities and must be conducted in accordance with

Certification
Organic Certification of Food Commodities

Application

341 (1) A person who wishes to obtain the organic certification of a food commodity must apply to a certification body.

Content

(2) The application must contain

Time of initial application

(3) In the case of an initial application for the organic certification of a food commodity, the application must be filed within 12 months before the day on which the food commodity is expected to be sold or, in the case of the following food commodities, at least 15 months before that day:

Certification

342 (1) A certification body must certify a food commodity as organic if it determines, after on-site verification, that

Certificate

(2) The certification body must provide the applicant with a certificate that confirms the organic certification of the food commodity and that indicates whether CAN/CGSB 32.310 or CAN/CGSB 32.312 is applicable, the period of validity referred to in subsection (3) and, in the case of a multi-ingredient food commodity, the percentage of its contents that are organic products.

Period of validity

(3) The organic certification of a food commodity is valid for 12 months beginning on the day on which it is granted under subsection (1).

Determination of percentage of organic products

343 The percentage of the contents of a multi-ingredient food commodity that are organic products must be determined in accordance with CAN/CGSB 32.310.

Certification of Various Activities in Respect of Organic Products

Application

344 (1) A person who wishes to conduct an activity, among the various activities, in respect of an organic product and who does not hold a certification that is granted under section 342 must apply to a certification body for certification of the activity.

Content

(2) The application must contain

Certification

345 (1) A certification body must certify the activity for which the application is being made in respect of an organic product if it determines, after an on-site verification, that

Certificate

(2) The certification body must provide the applicant with a certificate that confirms the certification of the activity in respect of the organic product and that indicates the type of organic product to which it applies and the period of validity referred to in subsection (3).

Period of validity

(3) The certification of the activity in respect of an organic product is valid for 12 months beginning on the day on which it is granted under subsection (1).

Suspension and Cancellation

Suspension

346 (1) Subject to subsection (2), the certification body must suspend a certification that is granted under section 342 or 345 if

Necessary steps

(2) The certification body must not suspend a certification unless the holder of the certification

Request for extension of time

(3) The request referred to in paragraph (2)(b) may only be made once.

Written notice

(4) The certification body must notify the holder of the certification in writing of the suspension and the date on which it takes effect.

Duration of suspension

(5) A suspension of a certification remains in effect until the certification body determines that corrective action has been taken or until the certification is cancelled.

Cancellation

347 (1) The certification body must cancel a certification if

Necessary steps

(2) The certification body must not cancel a certification unless the holder of the certification was notified in writing of the grounds for the cancellation and was provided with an opportunity to be heard in respect of the cancellation.

Written notice

(3) The certification body must notify the holder of the certification in writing of the cancellation and the date on which it takes effect.

General

Documents

348 The holder of a certification must prepare, keep and maintain the documents that are set out in the following standards, in accordance with those standards:

Changes affecting certification

349 The holder of a certification must immediately notify the certification body of any change that could affect the certification and of any complaint that they receive in relation to the organic integrity of the organic product referred to in the certification.

Labelling and Advertising

Expressions

350 (1) The expressions “organic” or “biologique” or “organique”, “organically grown” or “cultivé biologiquement”, “organically raised” or “élevé biologiquement” and “organically produced” or “produit biologiquement” and any similar expressions, including abbreviations of, symbols for and phonetic renderings of those expressions, may only be shown on the label or used in the advertisement of a food commodity that is to be sent or conveyed from one province to another if

“Organic ingredients” expression

(2) Despite subsection (1), if a multi-ingredient food commodity is an organic product but less than 95% of its contents are organic products, it may be labelled with or advertised using the expression “organic ingredients” or “d’ingrédients biologiques” if that expression is

Multi-ingredient food commodities

(3) Despite subsection (1), the list of ingredients that is shown on the label of a multi-ingredient food commodity that is not an organic product may indicate which of the ingredients, if any, are organic products.

Additional information

351 If an expression that is referred to in subsection 350(1) or (2) is shown on the label of a food commodity that is to be sent or conveyed from one province to another, the label must also bear the following information:

Expressions and information in both official languages

352 (1) Subject to subsection (2), the expressions that are referred to in subsections 350(1) and (2) and paragraph 351(c) and the information that is referred to in paragraph 351(b) must be shown on the label of a food commodity in both official languages.

Exception

(2) Those expressions and that information may be shown on the label of a food commodity in only one official language if the food commodity is any of the following:

Feed

(3) For the purpose of paragraph (2)(a), a reference to “livestock” in the definition feed in section 2 of the Feeds Act is to be read as a reference to “livestock or aquaculture animals”.

Interprovincial Trade and Import

Interprovincial trade

353 A food commodity that is sent or conveyed from one province to another and that is labelled with or advertised using an expression that is referred to in subsection 350(1) must

Import

354 (1) A food commodity that is imported and that is labelled with or advertised using an expression that is referred to in subsection 350(1) must

Demonstration

(2) The person who imports the food commodity must be able to demonstrate that the food commodity meets one of the requirements set out in paragraph (1)(a) by providing, on the request of the Minister or an inspector, a certificate that confirms the organic certification of the food commodity.

Retention period of certificate

(3) The certificate referred to in subsection (2) must be kept for five years after the day on which the food commodity is imported.

Product Legend

Definition inspection mark — product legend

355 For the purpose of the definition inspection mark in section 2 of the Act, the product legend that is set out in Schedule 8 is prescribed.

Application

356 (1) A person is authorized to apply the product legend that is set out in Schedule 8 to, and use it in connection with, a food commodity if

Advertisement and sale

(2) A person is authorized to advertise and sell a food commodity that has on it the product legend that is set out in Schedule 8 or a food commodity in connection with which that product legend is used if

Application or use — item other than food commodity

(3) A person is authorized, for advertisement or information purposes, to apply the product legend that is set out in Schedule 8 to, and use it in connection with, any item to which the Act applies, other than a food commodity.

Conformity Verification Bodies and Certification Bodies

Application for accreditation

357 A person who wishes to be accredited as a certification body must apply for the accreditation, in writing, to a conformity verification body and must undergo an assessment, in accordance with ISO/IEC 17011, to verify

Period of validity

(2) The accreditation of a certification body is valid for five years beginning on the day on which the President accredits the applicant.

Refusal

359 If the conformity verification body refuses to recommend the applicant’s accreditation, it must send them a notice by registered mail that states the reasons for the decision and notifies the applicant of their right to make a request, within 30 days after the day on which they receive the notice, to the President for a review of the decision. The conformity verification body must also send a copy of the notice to the President.

Review

360 The President must, on request, review the decision referred to in section 359 and, if the President decides to confirm it, must provide a copy of his or her decision with reasons to the applicant. If the President does not confirm the decision, the President must accredit the applicant, provide them with an accreditation number and notify them of the period of validity referred to in subsection 358(2).

Suspension

361 (1) Subject to subsection (2), on the recommendation of a conformity verification body, the President must suspend the accreditation of a certification body if it does not comply with any provision of the Act, this Part or ISO/IEC 17065.

Necessary steps

(2) The President must not suspend an accreditation unless the certification body

Request for extension of time

(3) The request referred to in paragraph (2)(b) may only be made once.

Written notice

(4) The President must notify the certification body in writing of the suspension and the date on which it takes effect.

Provision of lists

(5) The certification body must provide the President, within 15 days after the day on which the suspension takes effect, with a list of the holders of the certifications that it has granted and a list of pending applications for certification.

Duration of suspension

(6) A suspension of an accreditation remains in effect until the conformity verification body determines that corrective action has been taken or until the accreditation is cancelled.

Cancellation

362 (1) On the recommendation of a conformity verification body, the President must cancel an accreditation if the certification body

Necessary steps

(2) The President must not cancel a certification unless the certification body was notified in writing of the grounds for the cancellation and was provided with an opportunity to be heard in respect of the cancellation.

Written notice

(3) The President must notify the certification body in writing of the cancellation and the date on which it takes effect.

PART 15

Temporary Non-application to Certain Food Commodities and Persons

Certain foods — 24-month delay

363 (1) Subsections 5(2) and 7(2), section 9, paragraphs 13(1)(a) and (b), subsections 15(2) and 16(2) and sections 42 to 84 and 86 to 90 do not apply, for the 24-month period that begins on the day on which these Regulations come into force, in respect of foods other than dairy products, eggs, processed egg products, fish, fresh fruits or vegetables, processed fruit or vegetable products, honey, maple products and meat products.

Certain foods — additional delay

(2) Sections 9, 42 to 84, 86 and 87 do not apply in respect of foods other than dairy products, eggs, processed egg products, fish, fresh fruits or vegetables, processed fruit or vegetable products, honey, maple products and meat products for 12 months after the last day of the period referred to in subsection (1) to any person who did not have more than four employees at any one time during the last 12 months of the period referred to in that subsection.

Certain foods — additional delay

(3) Sections 9 and 42 to 83 do not apply in respect of foods other than dairy products, eggs, processed egg products, fish, fresh fruits or vegetables, processed fruit or vegetable products, honey, maple products and meat products for 12 months after the last day of the period referred to in subsection (1) to any person whose gross sales derived from food were $30,000 or less for the last 12 months of the period referred to in that subsection.

Aquatic plants and aquaculture animals — 24-month delay

365 (1) Part 14 does not apply in respect of aquatic plants and aquaculture animals for the 24-month period that begins on the day on which these Regulations come into force.

Exception

(2) However, during that period, an application referred to in section 341 or 344 may be made in respect of any aquatic plant or aquaculture animal and a certification in respect of the aquatic plant or aquaculture animal may be granted under section 342 or 345. If such a certification is granted, Part 14 applies in respect of any aquatic plant or aquaculture animal referred to in the certification.

PART 16

Transitional Provisions

Food commodity considered to meet applicable requirements

366 Any food commodity that, immediately before the day on which these Regulations come into force, meets the applicable requirements under the Canada Agricultural Products Act, the Fish Inspection Act or the Meat Inspection Act is considered, on that day, to meet the applicable requirements of these Regulations.

Certificates, authorizations, exemptions, certifications and accreditations

367 (1) Each certificate, authorization, exemption, certification or accreditation that is set out in column 1 of the table to this section and that has not expired before the day on which these Regulations come into force is considered to have been issued or obtained under the provision of the Act or these Regulations that is set out in column 2.

Period of validity

(2) Unless it is suspended or cancelled under these Regulations, the certificate, authorization, exemption, certification or accreditation remains valid until the end of the period for which it was issued or obtained.

Suspensions

(3) A certificate, authorization, exemption, certification or accreditation that was suspended before the day on which these Regulations come into force and that continues to be suspended on that day is considered to be suspended under these Regulations.

Applications

(4) An application for any certificate, authorization, exemption, certification or accreditation that is set out in column 1 of the table to this section that was made before the day on which these Regulations come into force and in respect of which no decision has been made is considered to be an application under these Regulations for the certificate, authorization, exemption, certification or accreditation referred to in the provision of the Act or these Regulations that is set out in column 2.

TABLE

Item

Column 1


Existing Certificates, Authorizations, Exemptions, Certifications and Accreditations

Column 2


Provisions of the Act or These Regulations

1

Certificate issued under section 24 of the Egg Regulations in respect of eggs for export

Section 48 of the Act

2

Authorization obtained under subsection 29.1(5) of the Meat Inspection Regulations, 1990

Subsection 158(3) of these Regulations

3

Exemption obtained under section 2.2 of the Fresh Fruit and Vegetable Regulations

Section 174 of these Regulations

4

Authorization obtained under subsection 2.3(2) of the Fresh Fruit and Vegetable Regulations

Section 174 of these Regulations

5

Authorization issued under subsection 9.1(5) of the Processed Products Regulations

Section 174 of these Regulations

6

Exemption obtained under section 59.2 of the Processed Products Regulations

Section 174 of these Regulations

7

Exemption obtained under section 63 of the Processed Products Regulations

Section 174 of these Regulations

8

Authorization obtained under subsection 29(4) of the Honey Regulations

Section 174 of these Regulations

9

Authorization obtained under subsection 36(3) of the Consumer Packaging and Labelling Regulations

Section 174 of these Regulations

10

Certification issued under section 13 of the Organic Products Regulations, 2009

Section 342 of these Regulations

11

Certification issued under section 15 of the Organic Products Regulations, 2009

Section 345 of these Regulations

12

Accreditation issued under section 6 or 8 of the Organic Products Regulations, 2009

Section 358 or 360 of these Regulations

PART 17

Consequential Amendments, Repeals and Coming into Force

Consequential Amendments
Canadian Dairy Commission Act

EEC Aged Cheddar Cheese Export Regulations

368 The definition aged cheddar cheese in section 2 of the EEC Aged Cheddar Cheese Export Regulations (see footnote 23) is replaced by the following:

aged cheddar cheese means Canadian-produced cheddar cheese that is graded Canada 1 under the Safe Food for Canadians Regulations and aged for a period of not less than nine months; (fromage cheddar fort)

Consumer Packaging and Labelling Act

Consumer Packaging and Labelling Regulations

369 The definition wine in subsection 2(1) of the Consumer Packaging and Labelling Regulations (see footnote 24) is repealed.

370 Section 4 of the Regulations and the heading before it are replaced by the following:

Exemptions from Sections 4, 5, 6 and 10 of the Act

4 Prepackaged products that are subject to regulations respecting packaging, labelling and marking under the Feeds Act, Fertilizers Act, Pest Control Products Act or Seeds Act are exempt from sections 4, 5, 6 and 10 of the Act.

371 (1) Paragraph 5(1)(a) of the Regulations is repealed.

(2) Paragraph 5(2)(a) of the Regulations is repealed.

(3) Paragraph 5(3)(a) of the Regulations is repealed.

372 The definition specialty product in subsection 6(1) of the Regulations is replaced by the following:

specialty product means a prepackaged product that is an imported product

373 Subsection 14(5) of the Regulations is repealed.

374 Section 18 of the Regulations and the heading before it are repealed.

375 (1) The definition individually measured commodity in subsection 19(1) of the Regulations is repealed.

(2) Subsections 19(2) to (4) of the Regulations are replaced by the following:

(2) Prepackaged products that are packaged from bulk on a retail premises, other than wallpaper or floor covering, are exempt from paragraph 4(1)(b) of the Act and from section 14 of these Regulations, if the net quantity of the product is clearly shown on the principal display panel of its label in terms of a Canadian unit.

376 Section 22 of the Regulations is replaced by the following:

22 The declaration of net quantity of a prepackaged product that is packed for dispensing in aerosol form shall show the net quantity of the product by weight.

377 Subsection 28(2) of the Regulations is replaced by the following:

(2) Despite subsection (1), if a prepackaged product referred to in that subsection consists of less than seven identical products that are packaged separately and those products are labelled to show all of the information required by the Act and these Regulations and that information is clearly visible at the time of sale, no information is required to be shown on the prepackaged product being sold as one unit and the prepackaged product is exempt from sections 4 and 10 of the Act.

378 The heading before section 32 and sections 32 to 34 of the Regulations are repealed.

379 Subsections 36(1) and (2) of the Regulations are replaced by the following:

36 (1) Subject to subsection (3), a prepackaged product consisting of facial tissue, that is manufactured before January 1, 1997, may only be sold in a container whose size corresponds to a net quantity of product

(2) Subject to subsection (3), the net quantity of a prepackaged product referred to in subsection (1) shall be shown in terms of numerical count.

380 Section 40 of the Regulations is replaced by the following:

40 When an inspection is made of a prepackaged product consisting of liquid, the net quantity of the prepackaged product shall be determined on the basis that the liquid is at a temperature of 20°C (68°F).

Controlled Drugs and Substances Act

Industrial Hemp Regulations

381 The Industrial Hemp Regulations (see footnote 25) are amended by replacing “under section 14 of the Canada Agricultural Products Act” with “under section 2.1 of the Seeds Act” in the following provisions:

Criminal Code
Regulations Excluding Certain Indictable Offences from the Definition of “Designated Offence”

382 (1) Paragraph 1(b) of the Regulations Excluding Certain Indictable Offences from the Definition of “Designated Offence” (see footnote 26) is repealed.

(2) Paragraph 1(k) of the Regulations is repealed.

(3) Section 1 of the Regulations is amended by striking out “and” at the end of paragraph (m) and by adding the following after paragraph (m):

Customs Tariff
Determination of Country of Origin for the Purposes of Marking Goods (NAFTA Countries) Regulations

383 The note below the heading of Schedule III to the Determination of Country of Origin for the Purposes of Marking Goods (NAFTA Countries) Regulations (see footnote 27) is replaced by the following:

Note: In accordance with Schedule I to these Regulations, only some goods are required to be marked so as to indicate the country of origin. For the packaging and labelling of food products, the requirements of the Safe Food for Canadians Act continue to apply.

Feeds Act
Feeds Regulations, 1983

384 Subparagraph 19(1)(d.2)(ii) of the Feeds Regulations, 1983 (see footnote 28) is replaced by the following:

Food and Drugs Act
Food and Drug Regulations

385 (1) The definition principal display panel in subsection B.01.001(1) of the Food and Drug Regulations (see footnote 29) is replaced by the following:

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

(2) Paragraph (a) of the definition common name in subsection B.01.001(1) of the Regulations is replaced by the following:

386 Subsection B.01.402(8) of the Regulations is repealed.

387 Paragraphs B.01.502(2)(b) and (c) of the Regulations are replaced by the following:

388 Subsection B.01.513(2) of the Regulations is replaced by the following:

(2) Subsection (1) does not apply to the statement or claim “light” or “léger” when used with respect to rum.

389 Subsection B.14.018(1) of the Regulations is amended by replacing “by a grading authority established under the Canada Agricultural Products Act” with “under the Safe Food for Canadians Act”.

390 Paragraph B.27.002(2)(a) of the Regulations is replaced by the following:

391 The Regulations are amended by replacing “section 14 of the Consumer Packaging and Labelling Regulations” with “paragraph 216(1)(a) and subsections 216(2) and (3) of the Safe Food for Canadians Regulations” in the following provisions:

Health of Animals Act
Health of Animals Regulations

392 (1) The definition registered processed egg station in section 2 of the Health of Animals Regulations (see footnote 30) is repealed.

(2) Paragraph (c) of the definition country of origin in section 2 of the Regulations is replaced by the following:

(3) Section 2 of the Regulations is amended by adding the following in alphabetical order:

processed egg product establishment means an establishment where eggs or processed egg products are processed, treated or preserved by the holder of a licence that is issued under paragraph 20(1)(b) of the Safe Food for Canadians Act; (établissement de produits d’œufs transformés)

393 Paragraph 5(3)(a) of the Regulations is replaced by the following:

394 Subsection 34(3) of the Regulations is amended by replacing “registered processed egg station” with “processed egg product establishment”.

395 Subsection 175.1(2) of the Regulations is replaced by the following:

(2) Subsection (1) does not apply to an ovine that is transported directly for slaughter either to an establishment where food animals are slaughtered by the holder of a licence that is issued under paragraph 20(1)(b) of the Safe Food for Canadians Act or to an establishment that is registered under an Act of a province that provides for the inspection of ovine carcasses.

Seeds Act
Seeds Regulations

396 (1) The definitions Act and officially recognized laboratory in subsection 2(2) of the Seeds Regulations (see footnote 31) are replaced by the following:

Act means the Seeds Act. (Loi)

officially recognized laboratory means a seed testing laboratory that is designated by the Minister as an accredited laboratory under section 2.1 of the Act. (laboratoire reconnu officiellement)

(2) Subsections 2(3) and (4) of the Regulations are repealed.

397 Paragraph 13.2(1)(b) of the Regulations is replaced by the following:

Repeals

Canada Agricultural Products Act

398 The following Regulations are repealed:

Fish Inspection Act

399 The Fish Inspection Regulations (see footnote 43) are repealed.

Meat Inspection Act

400 The Meat Inspection Regulations, 1990 (see footnote 44) are repealed.

Coming into Force

Registration

401 These Regulations come into force on the day on which they are registered.

SCHEDULE 1

(The definition fresh fruit or vegetable in subsection 1(1) and paragraph 9(2)(c))

Exclusions — Foods Used as Grain, Oil, Pulse, Sugar or Beverage

SCHEDULE 2

(Sections 176 to 180, subsections 181(1) to (5), section 182 and paragraphs 246(a), 272(1)(a) and 274(1)(a))

Inspection Legends

Figure 1

Figure 1

Figure 2

Figure 2

SCHEDULE 3

(The definition processed fruit or vegetable product in subsection 1(1), sections 184 to 189 and subsection 190(1))

TABLE 1

Consumer Prepackaged Food (Net Quantity by Weight or Volume)

Item

Column 1

Consumer Prepackaged Food

Column 2

Net Quantity by Weight

Column 3

Net Quantity by Volume

1

Peanut butter

250 g

   

375 g

   

500 g

   

750 g

   

1 kg

   

1.5 kg

   

2 kg

2

Wine

50mL

100mL

200mL

250mL

375mL

500mL

750mL

1L

1.5L

2L

3L

4L

3

Glucose syrup and refined sugar syrup

125mL

250mL

375mL

500mL

750mL

1L

1.5L

2L

   

More than 2L, in increments of 1L

TABLE 2

Consumer Prepackaged Food (Net Quantity by Weight)

Item

Column 1

Consumer Prepackaged Food

Column 2

Net Quantity by Weight

1

Honey that is graded under these Regulations

150 g or less

   

250 g

   

375 g

   

500 g

   

750 g

   

1 kg

   

1.5 kg

   

2 kg

   

3 kg

   

5 kg

2

Sliced bacon

100 g or less, in increments of 1 g

250 g

375 g

500 g

1 kg

3

Sliced ready-to-eat meat products and potted meat products

100 g or less, in increments of 1 g

125 g

150 g

175 g

200 g

250 g

300 g

375 g

400 g

500 g

600 g

700 g

900 g

1 kg

4

Sausages and sausage meat

100 g or less, in increments of 1 g

   

125 g

   

175 g

   

225 g

   

250 g

   

300 g

   

375 g

   

450 g

   

500 g

   

600 g

   

675 g

   

750 g

   

900 g

   

1 kg

5

Fresh carrots for which a grade is prescribed by these Regulations

1.36 kg (3 lb) or less

2.27 kg (5 lb)

4.54 kg (10 lb)

11.3 kg (25 lb)

22.7 kg (50 lb)

6

Fresh potatoes for which a grade is prescribed by these Regulations

1.36 kg (3 lb) or less

2.27 kg (5 lb)

4.54 kg (10 lb)

9.07 kg (20 lb)

22.7 kg (50 lb)

34 kg (75 lb)

45.4 kg (100 lb)

7

Fresh beets for which a grade is prescribed by these Regulations

1.36 kg (3 lb) or less

2.27 kg (5 lb)

4.54 kg (10 lb)

11.3 kg (25 lb)

22.7 kg (50 lb)

8

Fresh onions for which a grade is prescribed by these Regulations

1.36 kg (3 lb) or less

2.27 kg (5 lb)

4.54 kg (10 lb)

11.3 kg (25 lb)

22.7 kg (50 lb)

9

Fresh parsnips for which a grade is prescribed by these Regulations

1.36 kg (3 lb) or less

4.54 kg (10 lb)

9.07 kg (20 lb)

11.3 kg (25 lb)

22.7 kg (50 lb)

10

Fresh rutabagas for which a grade is prescribed by these Regulations

1.36 kg (3 lb) or less

2.27 kg (5 lb)

4.54 kg (10 lb)

11.3 kg (25 lb)

22.7 kg (50 lb)

TABLE 3

Prepackaged Food (Net Quantity by Weight)

Item

Column 1

Prepackaged Food

Column 2

Net Quantity by Weight

1

Honey that is graded under these Regulations, other than consumer prepackaged honey that is graded under these Regulations

7 kg

15 kg

30 kg

More than 30 kg, in increments of 1 kg

2

Frozen fruits for which a grade is prescribed by these Regulations, with added sugar, syrup, fruit juice or fruit juice from concentrate

225 g

425 g

1 kg

1.25 kg

1.5 kg

1.75 kg

2 kg

3

Frozen fruits for which a grade is prescribed by these Regulations, dry pack or pie pack, unsweetened, no sugar added

300 g

600 g

1 kg

1.25 kg

1.5 kg

1.75 kg

2 kg

4

Frozen peas, frozen whole kernel corn and frozen lima beans, for which a grade is prescribed by these Regulations

350 g or less

500 g

750 g

1 kg

1.25 kg

1.5 kg

1.75 kg

2 kg

5

Frozen spinach for which a grade is prescribed by these Regulations

300 g or less

500 g

750 g

1 kg

1.25 kg

1.5 kg

1.75 kg

2 kg

6

Frozen mixed vegetables or macédoine, frozen peas and carrots and frozen whole, diced or sliced carrots, for which a grade is prescribed by these Regulations

300 g or less

500 g

750 g

1 kg

1.25 kg

1.5 kg

1.75 kg

2 kg

7

Frozen special blends or combination mixed vegetables, if the blends or mixed vegetables contain one or more vegetables that are graded under these Regulations

300 g or less

500 g

750 g

1 kg

1.25 kg

1.5 kg

1.75 kg

2 kg

8

Other frozen vegetables — including asparagus, broccoli, Brussels sprouts, cauliflower and green and wax beans — for which a grade is prescribed by these Regulations

300 g or less

500 g

750 g

1 kg

1.25 kg

1.5 kg

1.75 kg

2 kg

9

Frozen cooked squash, and frozen diced uncooked squash, for which a grade is prescribed by these Regulations

400 g or less

750 g

1 kg

1.25 kg

1.5 kg

1.75 kg

2 kg

10

Frozen french-fried potatoes for which a grade is prescribed by these Regulations

225 g or less, in increments of 25 g

   

250 g

   

500 g

   

1 kg

   

1.25 kg

   

1.5 kg

   

1.75 kg

   

2 kg

   

More than 2 kg but not more than 20 kg

11

Glace fruits, glace pineapple, cut oranges, lemon and citron peel, cut mixed peel and cut mixed fruit

100 g

225 g

450 g

TABLE 4

Prepackaged Food (Net Quantity by Volume and Container Dimensions)

Item

Column 1

Column 2

Column 3

Column 4

Column 5

Prepackaged Food

Net Quantity by Volume

Container Dimensions1

Millilitres/Litres

Fluid Ounces

Millimetres

Inches2

1

Frozen concentrated apple juice or frozen apple juice concentrate for which a grade is prescribed by these Regulations

177 mL

6.25

54 × 98

202 × 314

355 mL

12.5

68 × 123

211 × 414

909 mL

32

103 × 142

401 × 510

1.36 L

48

107 × 177

404 × 700

1 The dimensions correspond to the diameter and height of the container.

2 Dimensions are expressed in the manner that is used in the industry, e.g. "211" means 2 11/16 inches.

TABLE 5

Food for which a Grade is Prescribed by these Regulations if the Container is a Hermetically Sealed Package (Net Quantity by Volume and Metal Container Dimensions)

Item

Column 1

Column 2

Column 3

Column 4

Column 5

Prepackaged Food

Net Quantity by Volume

Metal Container Dimensions1

Millilitres/Litres

Fluid Ounces

Millimetres

Inches2

1

Fruits packaged with or without water, fruit juice and fruit juice from concentrate, syrup or any combination, heavy pack or solid pack

142 mL

5

68 x 56

211 x 203.5

284 mL

10

68 x 101

211 x 400

398 mL

14

76 x 112 or 87 x 90

300 x 407 or 307 x 309

540 mL

19

87 x 115

307 x 409

796 mL

28

103 x 119

401 x 411

1.36 L

48

107 x 177

404 x 700

2.84 L

100

157 x 177

603 x 700

2

Vegetables, other than vegetables for which specific provision is made in this Table

284 mL

10

68 × 101

211 × 400

398 mL

14

76 × 112 or 87 × 90

300 × 407 or 307 × 309

540 mL

19

87 × 115

307 × 409

796 mL

28

103 × 119

401 × 411

1.36 L

48

107 × 177

404 × 700

2.84 L

100

157 × 177

603 × 700

3

Fruit and vegetable juices, but not including concentrated apple juice or apple juice concentrate, carbonated juices or juices that are packaged with nitrogen

200 mL or less

7 or less

Any dimensions

Any dimensions

250 mL

8.8

Any dimensions

Any dimensions

284 mL

10

62 × 118 or 68 × 101

207.5 × 410.5 or 211 × 400

398 mL

14

76 × 112

300 × 407

500 mL

17.6

Any dimensions

Any dimensions

540 mL

19

87 × 115

307 × 409

750 mL

26.4

Any dimensions

Any dimensions

796 mL

28

103 × 119

401 × 411

1 L

35.2

Any dimensions

Any dimensions

1.36 L

48

107 × 177

404 × 700

1.5 L

52.8

Any dimensions

Any dimensions

1.82 L

64

Any dimensions

Any dimensions

2 L

70.4

Any dimensions

Any dimensions

4

Asparagus

341 mL

12

68 x 115

211 x 409

540 mL

19

87 x 115

307 x 409

796 mL

28

103 x 119

401 x 411

1.36 L

48

107 x 177

404 x 700

2.84 L

100

157 x 177

603 x 700

5

Corn, vacuum pack

199 mL

7

68 × 82

211 × 304

341 mL

12

87 × 85

307 × 306

540 mL

19

87 × 115

307 × 409

2.13 L

75

157 × 152

603 × 600

6

Mushrooms in brine

128 mL

4.5

68 × 50

211 × 200

284 mL

10

68 × 101

211 × 400

398 mL

14

76 × 112

300 × 407

540 mL

19

87 × 115

307 × 409

796 mL

28

103 × 119

401 × 411

1.36 L

48

107 × 177

404 × 700

2.84 L

100

157 × 177

603 × 700

7

Tomato paste

156 mL

5.5

54 × 88

202 × 308

369 mL

13

76 × 101

300 × 400

796 mL

28

103 × 119

401 × 411

1.36 L

48

107 × 177

404 × 700

2.84 L

100

157 × 177

603 × 700

3.58 L

126

157 × 222

603 × 812

8

Tomato pulp, tomato puree and concentrated tomato juice or tomato juice concentrate

341 mL

12

68 × 115

211 × 409

540 mL

19

87 × 115

307 × 409

796 mL

28

103 × 119

401 × 411

1.36 L

48

107 × 177

404 × 700

2.84 L

100

157 × 177

603 × 700

3.58 L

126

157 × 222

603 × 812

9

Maraschino, creme de menthe and cocktail cherries

125 mL

Any dimensions

Any dimensions

250 mL

Any dimensions

Any dimensions

375 mL

Any dimensions

Any dimensions

2 L

Any dimensions

Any dimensions

4 L

Any dimensions

Any dimensions

10

Sweet potatoes, cut

277 mL

8

68 x 82

211 x 304

540 mL

19

87 x 115

307 x 409

796 mL

28

103 x 119

401 x 411

1.36 L

48

107 x 177

404 x 700

2.84 L

100

157 x 177

603 x 700

11

Sweet potatoes, whole

597 mL

21

107 x 87

404 x 307

12

Tomato catsup, catsup, tomato ketchup or ketchup

375 mL

Any dimensions

Any dimensions

540 mL

19

87 × 115

307 × 409

575 mL

Any dimensions

Any dimensions

750 mL

Any dimensions

Any dimensions

1 L

Any dimensions

Any dimensions

1.25 L

Any dimensions

Any dimensions

1.5 L

Any dimensions

Any dimensions

1 The dimensions correspond to the diameter and height of the metal container.

2 Dimensions are expressed in the manner that is used in the industry, e.g. "211" means 2 11/16 inches.

TABLE 6

Food for which No Grade is Prescribed by these Regulations if the Container is a Hermetically Sealed Package (Net Quantity by Volume and Metal Container Dimensions)

Item

Column 1

Column 2

Column 3

Column 4

Column 5

Prepackaged Food

Net Quantity by Volume

Metal Container Dimensions1

Millilitres/Litres

Fluid Ounces

Millimetres

Inches2

1

Beans with pork or beans and pork, beans or vegetarian beans

128 mL

4.5

68 × 50

211 × 200

   

227 mL

8

68 × 82

211 × 304

   

284 mL

10

68 × 101

211 × 400

   

398 mL

14

76 × 112 or 103 × 69

300 × 407 or 401 × 212

   

540 mL

19

87 × 115 or 103 × 85

307 × 409 or 401 × 306

   

796 mL

28

103 × 119

401 × 411

   

1.36 L

48

107 × 177

404 × 700

   

2.84 L

100

157 × 177

603 × 700

2

Infant and junior foods that are processed fruit or vegetable products

128 mL

4.5

54 × 72

202 × 213.5

213 mL

7.5

68 × 76

211 × 300

3

Vegetable soups, condensed

284 mL

10

68 × 98 or 68 × 101

211 × 314 or 211 × 400

398 mL

14

76 × 112

300 × 407

540 mL

19

87 × 115

307 × 409

796 mL

28

103 × 119

401 × 411

1.36 L

48

107 × 177

404 × 700

2.84 L

100

157 × 177

603 × 700

4

Vegetable soups, ready-to-serve

227 mL

8

68 × 82

211 × 304

284 mL

10

68 × 98 or 68 × 101

211 × 314 or 211 × 400

398 mL

14

76 × 112

300 × 407

540 mL

19

87 × 115

307 × 409

796 mL

28

103 × 119

401 × 411

1.36 L

48

107 × 177

404 × 700

2.84 L

100

157 × 177

603 × 700

5

Spaghetti in tomato sauce

128 mL

4.5

68 × 50

211 × 200

227 mL

8

68 × 82

211 × 304

284 mL

10

68 × 101

211 × 400

398 mL

14

76 × 112

300 × 407

540 mL

19

87 × 115

307 × 409

796 mL

28

103 × 119

401 × 411

1.36 L

48

107 × 177

404 × 700

2.84 L

100

157 × 177

603 × 700

6

Pineapple, sliced, crushed, tidbits or chunks

142 mL

5

68 × 56

211 × 203.5

227 mL

8

87 × 52

307 × 201.25

284 mL

10

68 × 101

211 × 400

398 mL

14

76 × 112 or 87 × 90

300 × 407 or 307 × 309

540 mL

19

87 × 115

307 × 409

796 mL

28

103 × 119

401 × 411

1.36 L

48

107 × 177

404 × 700

2.84 L

100

157 × 177

603 × 700

7

Grapefruits, oranges and grapefruit and orange sections

142 mL

5

68 × 56

211 × 203.5

284 mL

10

68 × 101

211 × 400

398 mL

14

76 × 112 or 87 × 90

300 × 407 or 307 × 309

540 mL

19

87 × 115

307 × 409

796 mL

28

103 × 119

401 × 411

1.36 L

48

107 × 177

404 × 700

2.84 L

100

157 × 177

603 × 700

8

Fruit juices, including citrus and pineapple juices, but not including lemon, lime, grape, cherry, black currant or raspberry juices, the juices of other berries, carbonated juices or juices that are packaged with nitrogen

200 mL or less

7 or less

Any dimensions

Any dimensions

250 mL

8.8

Any dimensions

Any dimensions

284 mL

10

62 × 118 or 68 × 101

207.5 × 410.5 or 211 × 400

398 mL

14

76 × 112

300 × 407

500 mL

17.6

Any dimensions

Any dimensions

540 mL

19

87 × 115

307 × 409

750 mL

26.4

Any dimensions

Any dimensions

796 mL

28

103 × 119

401 × 411

1 L

35.2

Any dimensions

Any dimensions

1.36 L

48

107 × 177

404 × 700

1.5 L

52.8

Any dimensions

Any dimensions

1.82 L

64

Any dimensions

Any dimensions

2 L

70.4

Any dimensions

Any dimensions

9

Bean sprouts and vegetables for chop suey

284 mL

10

68 × 101

211 × 400

398 mL

14

76 × 112

300 × 407

540 mL

19

87 × 115

307 × 409

796 mL

28

103 × 119

401 × 411

1.36 L

48

107 × 177

404 × 700

2.84 L

100

157 × 177

603 × 700

10

Mushrooms, including creamed, stems and pieces in brine

128 mL

4.5

68 × 50 or 54 × 72

211 × 200 or 202 × 213.5

284 mL

10

68 × 101

211 × 400

398 mL

14

76 × 112

300 × 407

540 mL

19

87 × 115

307 × 409

796 mL

28

103 × 119

401 × 411

1.36 L

48

107 × 177

404 × 700

2.84 L

100

157 × 177

603 × 700

11

Pie fruits, pie fillers and pie fillings

284 mL

10

68 × 101

211 × 400

398 mL

14

76 × 112 or 87 × 90

300 × 407 or 307 × 309

540 mL

19

87 × 115

307 × 409

796 mL

28

103 × 119

401 × 411

1.36 L

48

107 × 177

404 × 700

2.84 L

100

157 × 177

603 × 700

12

Jams, jellies, marmalades and preserves (conserves), but not including cranberry jelly, jellied cranberries or cranberry sauce

250 mL or less

Any dimensions

Any dimensions

375 mL

Any dimensions

Any dimensions

500 mL

Any dimensions

Any dimensions

750 mL

Any dimensions

Any dimensions

1 L

Any dimensions

Any dimensions

1.5 L

Any dimensions

Any dimensions

2 L

Any dimensions

Any dimensions

3 L

Any dimensions

Any dimensions

4 L

Any dimensions

Any dimensions

13

Mandarin oranges

142 mL

5

68 × 56

211 × 203.5

284 mL

10

75 × 82

215 × 304

2.42 L

85

157 × 155

603 × 602

14

Grape juice, concentrated grape juice or grape juice concentrate and grape juice from concentrate, but not including carbonated juices or juices that are packaged with nitrogen

200 mL or less

7 or less

Any dimensions

Any dimensions

250 mL

8.8

Any dimensions

Any dimensions

284 mL

10

62 × 118

207.5 × 410.5

341 mL

12

Any dimensions

Any dimensions

500 mL

17.6

Any dimensions

Any dimensions

682 mL

24

Any dimensions

Any dimensions

750 mL

26.4

Any dimensions

Any dimensions

1 L

35.2

Any dimensions

Any dimensions

1.14 L

40

Any dimensions

Any dimensions

1.36 L

48

107 × 177

404 × 700

1.5 L

52.8

Any dimensions

Any dimensions

1.82 L

64

Any dimensions

Any dimensions

2 L

70.4

Any dimensions

Any dimensions

15

Pickles, relishes and chutneys

125 mL or less

Any dimensions

Any dimensions

   

250 mL

Any dimensions

Any dimensions

   

375 mL

Any dimensions

Any dimensions

   

500 mL

Any dimensions

Any dimensions

   

750 mL

Any dimensions

Any dimensions

   

1 L

Any dimensions

Any dimensions

   

1.25 L

Any dimensions

Any dimensions

   

1.5 L

Any dimensions

Any dimensions

   

2 L

Any dimensions

Any dimensions

   

2.84 L

100

Any dimensions

Any dimensions

   

4 L

Any dimensions

Any dimensions

16

Green olives, but not including ripe olives, black olives or California ripe olives

125 mL or less

Any dimensions

Any dimensions

225 mL

Any dimensions

Any dimensions

250 mL

Any dimensions

Any dimensions

375 mL

Any dimensions

Any dimensions

398 mL

Any dimensions

Any dimensions

500 mL

Any dimensions

Any dimensions

625 mL

Any dimensions

Any dimensions

750 mL

Any dimensions

Any dimensions

1 L

Any dimensions

Any dimensions

1.25 L

Any dimensions

Any dimensions

1.5 L

Any dimensions

Any dimensions

2 L

Any dimensions

Any dimensions

17

Sauerkraut with preservative

284 mL

10

68 × 101

211 × 400

398 mL

14

76 × 112 or 87 × 90

300 × 407 or 307 × 309

540 mL

19

87 × 115

307 × 409

796 mL

28

103 × 119

401 × 411

909 mL

32

Any dimensions

Any dimensions

1.36 L

48

107 × 177

404 × 700

2.84 L

100

157 × 177

603 × 700

18

Horseradish sauce, prepared horseradish and creamed horseradish

125 mL or less

Any dimensions

Any dimensions

250 mL

Any dimensions

Any dimensions

500 mL

Any dimensions

Any dimensions

2 L

Any dimensions

Any dimensions

4 L

Any dimensions

Any dimensions

1 The dimensions correspond to the diameter and height of the metal container.

2 Dimensions are expressed in the manner that is used in the industry, e.g. "211" means 2 11/16 inches.

TABLE 7

Fresh Vegetables — Volume Capacity of Metric Containers

Item

Volume Capacity of Metric Containers

1

500 mL

2

1 L

3

2 L

4

4 L

5

6 L

6

13 L

7

18 L

8

36 L

TABLE 8

Fresh Vegetables — Volume Capacity of Imperial Containers

Item

Volume Capacity of Imperial Containers

1

1 pint (551 mL)

2

1 quart (1.1 L)

3

2 quarts (2.27 L)

4

4 quarts (4.55 L)

5

6 quarts (6.82 L)

6

11 quarts (12.5 L)

7

16 quarts (18.2 L)

8

32 quarts (36.4 L)

SCHEDULE 4

(Subsection 196(5))

TABLE 1

Tolerances for Net Quantities Declared in Metric Units of Mass for Consumer Prepackaged Catch-Weight Food

Item

Column 1

Declared Net Quantity

Column 2

Tolerance (%)

Column 3

Tolerance (g)

1

≤ 60 g

10

2

> 60 g but ≤ 600 g

6

3

> 600 g but ≤ 1 kg

1

4

> 1 kg but ≤ 1.5 kg

10

5

> 1.5 kg but ≤ 3 kg

0.66

6

> 3 kg but ≤ 4 kg

20

7

> 4 kg but ≤ 10 kg

0.5

8

> 10 kg but ≤ 15 kg

50

9

> 15 kg but ≤ 250 kg

0.33

10

> 250 kg but ≤ 500 kg

750

11

> 500 kg

0.15

TABLE 2

Tolerances for Net Quantities Declared in Canadian Units of Mass or Weight for Consumer Prepackaged Catch-Weight Food

Item

Column 1

Declared Net Quantity

Column 2

Tolerance (%)

Column 3

Tolerance (ounces)

1

≤ 2 ounces

10

2

> 2 ounces but ≤ 20 ounces

0.2

3

> 1.25 lb but ≤ 2.2 lb

1

4

> 2.2 lb but ≤ 3.3 lb

0.35

5

> 3.3 lb but ≤ 6.6 lb

0.66

6

> 6.6 lb but ≤ 8.8 lb

0.71

7

> 8.8 lb but ≤ 22 lb

0.5

8

> 22 lb but ≤ 33 lb

1.76

9

> 33 lb but ≤ 550 lb

0.33

10

> 550 lb but ≤ 1 100 lb

26.4

11

> 1 100 lb

0.15

TABLE 3

Tolerances for Net Quantities Declared in Metric Units of Mass or Volume for Consumer Prepackaged Food Other than Catch-Weight Food

Item

Column 1

Declared Net Quantity

Column 2

Tolerance (%)

Column 3

Tolerance (g or mL)

1

≤ 50 g or mL

9

2

> 50 g or mL but ≤ 100 g or mL

4.5

3

> 100 g or mL but ≤ 200 g or mL

4.5

4

> 200 g or mL but ≤ 300 g or mL

9

5

> 300 g or mL but ≤ 500 g or mL

3

6

> 500 g or mL but ≤ 1 kg or L

15

7

> 1 kg or L but ≤ 10 kg or L

1.5

8

> 10 kg or L but ≤ 15 kg or L

150

9

> 15 kg or L

1

TABLE 4

Tolerances for Net Quantities Declared in Canadian Units of Mass or Weight for Consumer Prepackaged Food Other than Catch-Weight Food

Item

Column 1

Declared Net Quantity

Column 2

Tolerance (%)

Column 3

Tolerance (ounces)

1

≤ 1.75 ounces

9

2

> 1.75 ounces but ≤ 3.5 ounces

0.16

3

> 3.5 ounces but ≤ 7 ounces

4.5

4

> 7 ounces but ≤ 10.6 ounces

0.32

5

> 10.6 ounces but ≤ 17.6 ounces

3

6

> 1.1 lb but ≤ 2.2 lb

0.53

7

> 2.2 lb but ≤ 22 lb

1.5

8

> 22 lb but ≤ 33 lb

5.28

9

> 33 lb

1

TABLE 5

Tolerances for Net Quantities Declared in Canadian Units of Volume for Consumer Prepackaged Food Other than Catch-Weight Food

Item

Column 1

Declared Net Quantity

Column 2

Tolerance (%)

Column 3

Tolerance (fluid ounces)

1

≤ 1.75 fluid ounces

9

2

> 1.75 fluid ounces but ≤ 3.5 fluid ounces

0.16

3

> 3.5 fluid ounces but ≤ 7 fluid ounces

4.5

4

> 7 fluid ounces but ≤ 10.6 fluid ounces

0.32

5

> 10.6 fluid ounces but ≤ 17.6 fluid ounces

3

6

> 17.6 fluid ounces but ≤ 35.2 fluid ounces

0.53

7

> 35.2 fluid ounces but ≤ 2.2 gallons

1.5

8

> 2.2 gallons but ≤ 3.3 gallons

5.28

9

> 3.3 gallons

1

TABLE 6

Tolerances for Net Quantities of Consumer Prepackaged Food Declared by Numerical Count

Item

Column 1

Declared Net Quantity (Numerical Count)

Column 2

Tolerance

1

< 50

0

2

≥ 50 but ≤ 100

1

3

> 100, with an individual weight of ≤ 14 g or ≤ 0.5 ounce

0.75% of the declared net quantity, rounded up to the next whole number

4

> 100, with an individual weight of > 14 g or > 0.5 ounce

0.5% of the declared net quantity, rounded up to the next whole number

SCHEDULE 5

(Section 216, subsection 260(1), paragraphs 301(5)(b) and 314(c), subsection 318(1) and section 319)

Minimum Type Size — Principal Display Surface

Item

Column 1

Area of Principal Display Surface (cm2)

Column 2

Area of Principal Display Surface (inches2)

Column 3

Minimum Character Height (mm)

Column 4

Minimum Character Height (inch)

1

≤ 32

≤ 5

1.6

1/16

2

> 32 but ≤ 258

> 5 but ≤ 40

3.2

1/8

3

> 258 but ≤ 645

> 40 but ≤ 100

6.4

1/4

4

> 645 but ≤ 2 580

> 100 but ≤ 400

9.5

3/8

5

> 2 580

> 400

12.7

1/2

SCHEDULE 6

(Section 263)

Identification Names for Food Packaged in Syrup or Fruit Juice

Item

Column 1

Food

Column 2

Percentage of Soluble Solids

Column 3


Identification Names

1

(1) Apricots

(2) Blackberries

(3) Boysenberries

(4) Cherries (sour, pitted)

(5) Crabapples

(6) Currants

(7) Gooseberries

(8) Lawtonberries

(9) Loganberries

(10) Raspberries (red and purple)

(11) Rhubarb

(12) Strawberries

(13) Thimbleberries

(14) Apples

(15) Blueberries

(16) Cherries (sweet)

(17) Plums and prune plums

(18) Grapefruits

(a) ≥ 25% but ≤ 35%

(a) Extra Heavy Syrup or Extra Heavy Fruit Juice Syrup

(b) ≥ 19% but < 25%

(b) Heavy Syrup or Heavy Fruit Juice Syrup

(c) ≥ 15% but < 19%

(c) Light Syrup or Light Fruit Juice Syrup

(d) ≥ 11% but < 15%

(d) Slightly Sweetened Water or Slightly Sweetened Fruit Juice

(e) ≥ 5% but < 11%

(e) Packaged in (naming the Fruit) Juice or Packaged in Mixed Fruit Juice

2

(1) Cantaloupes and melons

(2) Fruit cocktail

(3) Fruit salad and tropical fruit salad

(4) Fruits for salad

(5) Peaches

(6) Pears

(7) Pineapples

(8) Mandarin oranges

(9) Sweet potatoes

(a) ≥ 23% but ≤ 35%

(a) Extra Heavy Syrup or Extra Heavy Fruit Juice Syrup

(b) ≥ 18% but < 23%

(b) Heavy Syrup or Heavy Fruit Juice Syrup

(c) ≥ 14% but < 18%

(c) Light Syrup or Light Fruit Juice Syrup

(d) ≥ 10% but < 14%

(d) Slightly Sweetened Water or Slightly Sweetened Fruit Juice

(e) ≥ 5% but < 10%

(e) Packaged in (naming the Fruit) Juice or Packaged in Mixed Fruit Juice

3

(1) Maraschino cherries

(a) ≥ 40%

(a) Extra Heavy Syrup or Extra Heavy Fruit Juice Syrup

SCHEDULE 7

(Subsection 275(1))

Word or Expression on Label of Edible Meat Product

Item

Column 1

Word or Expression

Column 2


Requirements

1

"Baked"

"Oven Roasted"

Subjected to dry heat without direct contact with a flame for a time sufficient to produce the characteristics of a baked or roasted meat product, such as a brown crust on the surface, rendering of surface fat or caramelization of sugar. The meat product must be ready-to-eat.

2

"Barbecued"

Cooked with seasoning. The meat product must be ready-to-eat.

3

"Basted"

"Deep Basted"

"Pre-basted"

"Self-basting"

Injected with meat broth that contains at least 15% solid matter, no more than 3% of which is composed of the following ingredients or any combination of them: (a) edible fats or oils of vegetable origin; and (b) butter.

4

"Breaded"

Coated with a combination of batter and bread or cracker crumbs.

5

"Cooked"

"Fully Cooked"

Subjected to heat for a time sufficient to produce the characteristics of a cooked meat product in respect of friability, colour, texture and flavour. The meat product must be ready-to-eat.

6

"Corned"

Cured.

7

"Dried"

"Dry"

"Semi-dry"

Dehydrated. The meat product must be ready-to-eat.

8

"Freeze-dried"

Dehydrated by freeze-drying.

9

"Jellied"

Has a gelling agent added in an amount exceeding 0.25% of the meat product.

10

"Rolled"

Boned, rolled and tied.

11

"Semi-boneless"

At least 45% deboned.

12

"Shankless"

In the case of a foreleg, has the forelimb removed at the elbow joint; in the case of a hind leg, has the hind limb removed at the knee joint.

13

"Smoked"

Smoked in accordance with the Food and Drug Regulations.

14

"Stuffed"

"Stuffed with"

Stuffed with an edible meat product that has been cooked or dehydrated or to which has been added any substance, other than any meat, meat by-product or mechanically separated meat, or stuffed with one or more of the following ingredients: bread, grains, fruits, nuts, vegetables or similar ingredients. The edible meat product may contain seasoning and animal or vegetable fat.

15

"With Giblets"

Contains a liver, heart or gizzard or any combination of them from a food animal of the same species.

16

"With Natural Juices"

Packaged in a package that contains the juices that result from the cooking of the edible meat product.

SCHEDULE 8

(Clauses 347(1)(c)(i)(B) and (D), paragraph 351(c) and sections 355 and 356)

Product Legend

Figure 3

The product legend is to appear in black with a white background (as illustrated), in black with a transparent background or in colour. If it appears in colour, the background is white or transparent, the outer and inner borders as well as the hills are green (Pantone no. 368), the maple leaf is red (Pantone no. 186) and the lettering is black.

[3-1-o]