ARCHIVED — Vol. 146, No. 22 — October 24, 2012
SOR/2012-209 October 3, 2012
FOOD AND DRUGS ACT
Marketing Authorization for Food Additives with Other Generally Accepted Uses
The Minister of Health, pursuant to subsections 30.3(1) (see footnote a) and 30.5(1) (see footnote b) of the Food and Drugs Act (see footnote c), issues the annexed Marketing Authorization for Food Additives with Other Generally Accepted Uses.
Ottawa, October 2, 2012
Minister of Health
MARKETING AUTHORIZATION FOR FOOD ADDITIVES WITH OTHER GENERALLY ACCEPTED USES
Definition of “List”
1. (1) In this Marketing Authorization, “List” means the List of Permitted Food Additives with Other Generally Accepted Uses published by the Department of Health on its website, as amended from time to time.
Food and Drug Regulations
(2) Unless otherwise indicated, a reference in the List to a provision or division is a reference to a provision or division of Part B of the Food and Drug Regulations.
(3) Words and expressions used in the List have the same meaning as in Part B of the Food and Drug Regulations.
2. (1) When a food additive that is set out in column 1 of the List is added to a food that is set out in column 2 for a use whose purpose is set out in column 3, the food is exempt from the application of paragraphs 4(1)(a) and (d) and sections 6 and 6.1 of the Food and Drugs Act and sections B.01.042, B.01.043 and B.16.007, as applicable, of the Food and Drug Regulations, in respect of the use or presence of the additive only, if
- (a) the purpose that is set out in column 3 was mentioned in column III of Table VIII to Division 16 of Part B of the Food and Drug Regulations on the day on which this marketing authorization comes into force;
- (b) the amount of the additive does not exceed the maximum level of use for that food that is set out in column 4; and
- (c) any other condition that is set out in column 4 is met.
“Good manufacturing pratice”
(2) When the words “good manufacturing practice” appear in column 4, the condition in paragraph (1)(b) is met if the amount of the additive that is added to the food in manufacturing and processing does not exceed the amount required to accomplish the purpose for which it has been added.
Labelling or packaging requirement
(3) Subsection (1) does not exempt a food for which a standard is prescribed in Part B of the Food and Drug Regulations from the application of any labelling or packaging requirement that is set out in the standard.
3. A food additive that is set out in column 1 of the List is exempt from the application of section B.16.100 of the Food and Drug Regulations if, at the time of sale, all of the other requirements in those Regulations that apply in respect of the additive are met.
COMING INTO FORCE
Coming into force
4. This Marketing Authorization comes into force on the day on which section 416 of the Jobs, Growth and Long-term Prosperity Act, chapter 19 of the Statutes of Canada, 2012, comes into force but if the Marketing Authorization is registered after that day, it comes into force on the day on which it is registered.
N.B. The Regulatory Impact Analysis Statement for this Marketing Authorization appears following SOR/2012-202, Marketing Authorization for Food Additives That May Be Used as Anticaking Agents.
S.C. 2012, c. 19, s. 416
S.C. 2012, c. 19, s. 416
R.S., c. F-27