Canada Gazette, Part I, Volume 153, Number 25: Regulations Amending the Safe Food for Canadians Regulations

June 22, 2019

Statutory authorities

Safe Food for Canadians Act

Sponsoring agency

Canadian Food Inspection Agency

REGULATORY IMPACT ANALYSIS STATEMENT

For the Regulatory Impact Analysis Statement, see the Regulations Amending the Food and Drug Regulations.

PROPOSED REGULATORY TEXT

Notice is given that the Governor in Council, pursuant to section 51 ^{footnote a} of the Safe Food for Canadians Act ^{footnote b}, proposes to make the annexed Regulations Amending the Safe Food for Canadians Regulations.

Interested persons may make representations concerning the proposed Regulations within 75 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 Kathy Twardek, Director, Food Safety and Consumer Protection Directorate, Policy and Programs Branch, Canadian Food Inspection Agency (email: cfia.labellingmodernization-modernisationetiquetage.acia@canada.ca).

Ottawa, June 6, 2019

Julie Adair
Assistant Clerk of the Privy Council

Regulations Amending the Safe Food for Canadians Regulations

Amendments

1 (1) Paragraph (c) of the definition processed fruit or vegetable product in section 1 of the Safe Food for Canadians Regulations ^{footnote 1} is replaced by the following:

• (c) that is identified as a processed fruit or vegetable product in the Standard Container Sizes Document; or

(2) Paragraph (c) of the definition common name in section 1 of the Regulations is replaced by the following:

• (c) in any other case, the name by which the food is generally known or a name that is not generic and that describes the food. (nom usuel)

(3) Section 1 of the Regulations is amended by adding the following in alphabetical order:

• Standard Container Sizes Document means the document entitled Standard Container Sizes, prepared by the Agency and published on its website, as amended from time to time. (Tailles de contenants normalisées)
• Descriptive Terms and Identification Names Document means the document entitled Descriptive Terms and Identification Names for Specific Foods, prepared by the Agency and published on its website, as amended from time to time. (Termes descriptifs et noms d’identification)

2 Subparagraph 16(1)(b)(i) of the Regulations is replaced by the following:

• (i) the unmet requirement must be a requirement set out in any of subsection 9(1), sections 10, 195, 197, 201, 210, 244 to 249, 255, 262, 268, 272, 273, 292, 293, 306 to 308, 312, 313, 316, 322, 324 to 327, 329 and 331, and

3 The portion of section 110 of the Regulations before paragraph (a) is replaced by the following:

Fresh fruits or vegetables packaged together

110 The requirements of sections 113 to 121 — as well as any requirements under Division 2 of Part 10 and Part 12 that apply 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

4 The portion of section 111 of the Regulations before paragraph (a) is replaced by the following:

Fresh fruits or vegetables packaged with other food

111 The requirements of sections 113 to 121 — as well as any requirements under Division 2 of Part 10 and Part 12 that apply 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

5 The Regulations are amended by adding the following after the headings “PART 8” and “Ministerial Exemptions”:

Test market food

173.1 In this Part, test market food means a food that,

• (a) prior to being subject to an exemption referred to in subsection 174(1), was not sold in Canada in its current form; and
• (b) differs substantially from any other food sold in Canada with respect to its composition, function, condition, or packaging form.

6 (1) Subsection 174(1) of the Regulations is replaced by the following:

Application for exemption — test marketing or shortage in supply

174 (1) Any 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 selling a test market food or for alleviating a shortage in Canada in the available supply of a food that is manufactured, processed or produced in Canada.

(2) The portion of paragraph 174(2)(d) of the Regulations before subparagraph (i) is replaced by the following:

• (d) in the case of an application for an exemption for the purpose of selling a test market food, the Minister is of the opinion that the exemption will not

7 Section 187 of the Regulations is replaced by the following:

Application

187 The requirements of this Division apply in respect of any food that is sent or conveyed from one province to another or imported.

Size corresponding to net quantity by weight or volume

187.1 (1) Subject to subsections (2) and (3), the container of a prepackaged food, including a container that contains food for which a grade may be prescribed by these Regulations, as well as food in a hermetically sealed package, that is listed in the Standard Container Sizes Document, must be of a size that corresponds to a net quantity by weight or volume, or of a maximum capacity by net weight, as the case may be, that is set out in that document, and, if the hermetically sealed package is a metal container, the container must be of the dimensions that correspond to the net quantity by volume that is set out in that document.

Exception — catch-weight foods

(2) Subsection (1) does not apply in respect of a consumer prepackaged food if, in the case of a catch-weight food, a label that bears the net weight for retail sale is applied or attached to the food.

Exception — consumer prepackaged foods

(3) Subsection (1) does not apply in respect of a consumer prepackaged food that is

• (a) manufactured, prepared, produced, packaged or labelled for use by commercial or industrial enterprises or institutions without being sold by them as a consumer prepackaged food;
• (b) manufactured, prepared, produced, packaged or labelled only for sale to or by a duty free shop; and
• (c) distributed to one or more persons for no consideration.

8 Sections 188 to 193 of the Regulations are repealed.

9 Section 198 of the Regulations is amended by adding the following in alphabetical order:

• foreign state of origin means the foreign state in which a food was produced or the foreign state in which the food is last substantially transformed by being manufactured, processed, treated or preserved in a way that changes its nature. (État étranger d’origine)

10 (1) Paragraph 199(1)(b) of the Regulations is replaced by the following:

• (b) any expression, word, figure, depiction or symbol that may reasonably be considered to imply that a prepackaged food contains any matter that it does not in fact contain or that it does not contain any matter that it does in fact contain.

(2) Subsection 199(2) of the Regulations is replaced by the following:

False, misleading or deceptive selling, importing and advertising

(2) For the purposes of subsection 6(1) of the Act, selling, importing or advertising a food in a manner that is false, misleading or deceptive or is likely to create an erroneous impression includes selling, importing or advertising a prepackaged food that is labelled in the manner set out in paragraph (1)(b) or a consumer prepackaged food that is labelled in the manner set out in paragraph (1)(a).

11 Subsection 205(2) of the Regulations is replaced by the following:

Exception — words or expressions in quotation marks

(2) For the purposes of subsection 48(2), paragraph 254(b) and subsection 333(2), both an English word or expression that appears in quotation marks and a French word or expression that appears in quotation marks must be shown on the label of a prepackaged food except in the case where the label of that food is authorized to show information in only one official language under subsections B.01.012(2) to (10) of the Food and Drug Regulations.

12 Subsection 206(3) of the Regulations is replaced by the following:

Exception — only one official language

(3) Despite subsection (1), the following information may be shown on the label of a consumer prepackaged food in only one official language:

• (a) the information referred to in subsection 223(1); and
• (b) the grade name of fish.

13 Section 207 of the Regulations is amended by removing “and” at the end of paragraph (b) and by replacing paragraph (c) with the following:

• (c) a reference to “manufactured, processed, produced or packaged” or “manufactured, processed or packaged” in the definitions local food and specialty food in subsection B.01.012(1) of the Food and Drug Regulations or to “manufactured or produced” in subsection B.01.012(9) of those Regulations must be read as a reference to “manufactured, processed, treated, preserved, produced or packaged”; and
• (d) a reference to “address of the principal place of business” in subsection B.01.012(9) of the Food and Drug Regulations must be read as a reference to “principal place of business”.

14 Section 208 of the Regulations is replaced by the following:

Legibility

208 Any information that a label is required by these Regulations to bear must be clearly and prominently shown and readily visible to the purchaser under the customary conditions of purchase and use.

15 Sections 210 and 211 of the Regulations are replaced by the following:

Legibility and type size

210 (1) Unless otherwise provided in these Regulations, any information that is required under this Part to be shown on the label of a prepackaged product must be easily legible, including,

• (a) in a manner that is not obscured or crowded by the packaging or any printed, written or graphic material on the package or label;
• (b) in a uniform colour contrasting with the background of the label so that the information is readily discernible;
• (c) in a manner that the characters never touch each other;
• (d) in characters that are in regular or bold type that is not condensed and not scaled horizontally or vertically; and
• (e) in characters
  • (i) that are at least 1.6 mm in height, if the item of information is shown in lower case or in both upper and lower case letters, or
  • (ii) that are at least 2.4 mm in height, if the item of information is shown only in upper case letters or in numerals.

Exception

(2) Despite paragraph (1)(e), if the principal display surface of a package is 10 square cm or less and if all the information that is required to be shown under Division 2 of this Part is shown on the principal display panel, the character height in subparagraph (1)(e)(i) must be at least 0.8 mm and the character height in subpara- graph (1)(e)(ii) must be at least 1.2 mm.

Common name

(3) The common name on the principal display panel of a prepackaged food must be shown in a single font, in bold type and on a background that results in equal prominence of all words and numbers in the common name.

Words and numbers in common name

(4) All words and numbers that form part of the common name must be grouped together without any intervening printed, written or graphic material.

Exception

(5) The common name must, for the area of the principal display surface that is set out in column 1 of Schedule 6, be shown

• (a) if the words that form part of the common name are shown in lower case letters or in both lower and upper case letters, in characters that are at least the minimum character height that is set out in column 2 of that Schedule; and
• (b) if the words that form part of the common name are shown only in upper case letters, the minimum character height that is set out in column 2 of that Schedule must be multiplied by 1.5

“Area of Principal Display Surface”

(6) For the purposes of subsection (5), in the case of a container that is mounted on a display card, the heading “Area of Principal Display Surface” in column 1 of Schedule 6 is to be read as “Total Area of the Surface of the Display Card that is Displayed or Visible under Customary Conditions of Sale or Use”, if the common name is shown on a label that is applied to all or part of that surface.

Consumer prepackaged wine

(7) Despite subsection (5), in the case of consumer prepackaged wine, the common name may be shown in characters of at least

• (a) 1.6 mm in height for containers of 187 ml or less; and
• (b) 2 mm in height for containers of more than 187 ml.

Exception

(8) Paragraphs (1)(c) to (e) and subsections (3) and (5) to (7) apply only to a consumer prepackaged food.

Measurement of type size

211 The height of characters in an item of information required by these Regulations is determined by measuring

• (a) the height of the lower case letter “x” in the font used, if the item of information is shown in lower case or in both upper and lower case letters;
• (b) the height of the upper case letter “H” in the font used, if the item of information is shown in upper case letters only; and
• (c) the height of the numeral, if the item of information is shown in numbers without letters.

16 The Regulations are amended by adding the following after section 216:

Sale of prepackaged food after expiration date

216.1 (1) It is prohibited for a person to sell a prepackaged food after the expiration date required to be shown on its label under Divisions 24 and 25 of the Food and Drug Regulations.

Prohibition

(2) It is prohibited for a person to sell the food referred to in subsection (1) as an unpackaged food or a frozen prepackaged food or use it as an ingredient in another food.

17 Paragraph 218(1)(b) of the Regulations is replaced by the following:

• (b) the name and the city and province or foreign state of the principal place of business of the person by or for whom the food was manufactured, prepared, produced, stored, packaged or labelled, on any part of the label other than any part that is applied or attached to the bottom of the container of the food; and

18 Section 220 of the Regulations is replaced by the following:

Exception — name and principal place of business

220 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 are not required to be labelled with the information referred to in paragraph 218(1)(b) and in subsection 223(1).

Foreign state of origin

220.1 (1) If a food has a foreign state of origin, the label of the prepackaged food must bear an indication of that foreign state of origin.

Varying foreign states of origin

(2) If a food may originate from a foreign state of origin other than that indicated in accordance with subsection (1), the producer may substitute food originating from the initial foreign state of origin with food originating from another foreign state of origin, in the 12-month period commencing from the time the label is applied or attached to the prepackaged product, if the following information is clearly indicated on the label:

• (a) the initial foreign state of origin from which the food originates;
• (b) all the other foreign states of origin from which the food may originate throughout the 12-month period; and
• (c) an indication that the food may be substituted with food from another foreign state of origin.

Height and proximity of characters

(3) The indication of the foreign state of origin of the food must be shown in close proximity to the information required under paragraph 218(1)(b), in characters of at least the same prominence.

Multiple foreign states of origin

220.2 If more than one foreign state of origin is shown on the label, the names of the multiple foreign states of origin must be in descending order of their proportion or likelihood of proportion in the food.

Prepackaged wine

220.3 The label of prepackaged wine must bear an indication of domestic origin or foreign state of origin, as applicable, shown on the principal display panel in characters of at least 1.6 mm in height.

Exception — fresh fruits or vegetables

220.4 If prepackaged fresh fruits or vegetables that are labelled in accordance with this Part are placed inside of a second container and the resulting product is prepackaged fresh fruits or vegetables, other than consumer prepackaged fresh fruits or vegetables, the second container is not required to be labelled with the information referred to in subsection 220.1(1) if that information is easily visible and legible without having to open the second container and is not obscured by the container.

19 Section 223 of the Regulations is replaced by the following:

Information on label

223 (1) A label that is applied or attached to a consumer prepackaged food must bear a telephone number, an email address, a website address, a postal address or other information that allows a consumer or purchaser in Canada to communicate with the person referred to in 218(1)(b) or a person acting on their behalf.

Location

(2) The information referred to in subsection (1) must be shown in close proximity to the information required under paragraph 218(1)(b).

20 Section 226 of the Regulations is replaced by the following:

Consumer prepackaged food — container

226 Subject to section 228, the label of a consumer prepackaged food that is for sale must be applied or attached to the container in accordance with section 227.

21 Subsection 237(2) of the Regulations is repealed.

22 Section 238 of the Regulations is repealed.

23 Section 239 of the Regulations is renumbered as subsection 239(1) and is amended by adding the following:

Individually packaged dairy products sold as one unit

(2) Subsection (1) does not apply in the case of a dairy product that is sold as one unit but consists of two or more individual packages of butter patties, butter reddies or other related dairy products, if the total net quantity of the individual packages is less than 20 g.

24 Section 241 of the Regulations is amended by adding the following after subsection (3):

Exception — number of portions indicated

(4) Subsection (1) does not apply in the case of a pre-packaged food that bears a nutrition facts table that contains the serving size of the food in accordance with the Food and Drug Regulations.

25 The Regulations are amended by adding the following after section 241:

Net quantity in advertisement

241.1 (1) 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.

Exception

(2) Despite subsection (1), if the label of the consumer prepackaged food bears a nutrition facts table that shows the serving size in metric and household units in accordance with the Food and Drug Regulations, the net quantity of the serving of the food in the advertisement must be shown in metric units consistent with the declaration of the serving size in the nutrition facts table on the label of the consumer packaged food.

Exceptions to declaration of net quantity

241.2 (1) In addition to the exceptions in section 299, the following consumer prepackaged foods are not required to be labelled with the declaration of net quantity referred to in section 221:

• (a) an individual portion of a food that is prepared by a commissary and sold by an automatic vending machine or mobile canteen;
• (b) a catch-weight food that is sold to a retailer; and
• (c) an individual portion of a food that is sold by a restaurant or other commercial enterprise if it is served with meals or snacks.

Exception

(2) Despite subsection (1), the label of a catch-weight frozen glazed food that is sold to a retailer, including frozen glazed fish, poultry and fruits, must bear a declaration of the net quantity of the food exclusive of the glaze, regardless of whether it is a consumer prepackaged food or not.

Individual portion of prepackaged dairy product

241.3 Sections 246 and 248 do not apply in the case of individual portions of a consumer prepackaged dairy product set out in paragraphs 241.2(a) and (c).

Consumer prepackaged raspberries or strawberries

241.4 Sections 216 and 221 do not apply in respect of consumer prepackaged raspberries or consumer prepackaged strawberries that are packaged in the field in a container that has a capacity of 1.14 L or less.

Individually measured food

241.5 (1) A declaration of net quantity of a consumer prepackaged food that is an individually measured food is not required to meet the legibility and character height requirements of subsection 210(2), paragraph 229(1)(a), subsections 229(2) and (3) and paragraph 230(b).

Food packaged from bulk

(2) If it is clearly shown on the principal display panel in Canadian units, the declaration of net quantity of a consumer prepackaged food, other than an individually measured food, that is packaged from bulk at retail, is not required to,

• (a) meet the legibility and character height requirements of paragraph 216(1)(a), subsections 216(2) and (3), paragraph 217(b) and subsection 292(2); or
• (b) be shown in metric units.

Definition – individually measured

(3) In this section, individually measured, means, with respect to a food, that the food is measured and packaged in a manner other than in accordance with a predetermined fixed quantity and, as a result, is sold in varying quantities.

Individually packaged food sold as one unit

241.6 A label of a consumer prepackaged food need not meet the requirements of sections 221 and 239 if

• (a) the consumer prepackaged food is sold as one unit but consists of fewer than seven identical individually packaged foods;
• (b) each of those individually packaged foods is labelled with the information required by this Part; and
• (c) that information is clearly visible at the time of sale.

26 The Regulations are amended by adding the following after section 244:

Declaration of net quantity

244.1 The following prepackaged products must bear a declaration of net quantity:

• (a) dairy products;
• (b) eggs graded in accordance with these Regulations;
• (c) fish;
• (d) fresh fruits or vegetables;
• (e) processed fruit or vegetable products;
• (f) graded honey;
• (g) maple products, including maple syrup graded in accordance with these Regulations; and
• (h) edible meat products.

Metric units

244.2 Unless otherwise provided by these Regulations, the declaration of net quantity must be shown in metric units.

Exceptions

244.3 Despite subsection 244.2, the declaration of net quantity must be,

• (a) in the case of a prepackaged dairy product,
  • (i) in metric units or Canadian units, or both, in which case the units must be grouped together, if a standard is set out in Volume 1 of the Standards of Identity Document for the dairy product, or
  • (ii) in metric units, if no standard is set out in Volume 1 of the Standards of Identity Document for the dairy product; and
• (b) in the case of fresh fruits or vegetables, in metric units or Canadian units, or both, in which case the units must be grouped together, unless the declaration of net quantity is shown by numerical count.

Oysters in shell

244.4 Despite subsection 237(1) and section 244.2, in the case of consumer prepackaged oysters that are sold in the shell, other than those in a hermetically sealed package, the declaration of net quantity must, if shown in Canadian units by volume, be shown in bushels or pecks.

Exceptions

244.5 The declaration of net quantity must be shown on the principal display panel of

• (a) prepackaged dairy products;
• (b) fish in a hermetically sealed package and commercially sterile;
• (c) prepackaged processed fruit or vegetable products; and
• (d) prepackaged edible meat products.

Prepackaged edible meat products

244.6 In the case of prepackaged edible meat products, the declaration of net quantity must be shown in the manner required by sections 233 to 236 and 239.

Ready to eat edible meat or fish product

244.7 The label of an edible meat or fish 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 47 are met in respect of the edible meat or fish product.

Uncooked meat or fish products

244.8 The label of a prepackaged edible meat or fish product that is not a ready-to-eat product but could be mistaken for one must bear

• (a) on the principal display panel, the expressions “must be cooked” and “doit être cuit” or the words “Raw” and “Cru”, in close proximity to the common name, to indicate that the meat or fish product requires cooking before consumption, in the following character type heights
  • (i) at least as large as the type heights set out in paragraph B.01.005.1(1)(e) of the Food and Drug Regulations, and
  • (ii) not less than half the size of the height of the largest character on the principal display panel; and
• (b) comprehensive cooking instructions — such as a combination of internal temperature and cooking time — that, if followed, will result in a ready-to-eat meat or fish product.

Cooked or Fully Cooked Edible Meat or Fish Product

244.9 The label of an edible meat or fish product may bear the word or expression "Cooked" or "Fully Cooked", in close proximity to the common name, if it has been subjected to heat for a time sufficient to produce the characteristics of a cooked meat or fish product in respect of friability, colour, texture and flavour. The meat or fish product must be ready-to-eat.

27 Sub-paragraphs 246(d)(i) and (ii) of the Regulations are repealed.

28 Paragraph 248(d) of the Regulations is repealed.

29 (1) Paragraphs 249(1)(b) to (d) of the Regulations are replaced by the following:

• (b) except in the case of a fresh soft cheese, the principal ripening characteristic of the cheese; and
• (c) in the case of a mixture of grated or shredded cheeses, the varieties of the cheeses, in descending order of their proportion in the cheese.

(2) Subsections 249(3) and (4) of the Regulations are replaced by the following:

Relative firmness

(3) The relative firmness of the cheese must be identified by the expressions set out in column 1 of Table 1 in the Descriptive Terms and Identification Names Document if it has a moisture content on a fat-free basis indicated in column 2.

Principal ripening characteristic

(4) The principal ripening characteristic of the cheese must be identified by the words or expressions set out in column 1 of Table 2 in the Descriptive Terms and Identification Names Document if it undergoes the ripening process in column 2.

30 Section 250 of the Regulations is repealed.

31 The portion of section 251 of the Regulations before paragraph (a) is replaced by the following:

Exception

251 Sections 246 and 248 do not apply in respect of an individual portion of a consumer prepackaged dairy product that is sold

32 Section 252 of the Regulations is repealed.

33 Section 253 of the Regulations is repealed.

34 Section 254 of the Regulations is replaced by the following:

Graded eggs

254 The label of prepackaged eggs that are graded in accordance with these Regulations and that are pasteurized in the shell must bear the words “Pasteurized” and “pasteurisé”, as well as the expressions “Graded Canada A Before Pasteurization” and “classifié Canada A avant pasteurisation” or the expressions “Graded Grade A Before Pasteurization” and “classifié catégorie A avant pasteurisation”, as the case may be.

35 Section 255 of the Regulations is repealed.

36 Section 256 of the Regulations is repealed.

37 Section 257 of the Regulations is repealed.

38 Paragraphs 258(c) and (d) of the Regulations are repealed.

39 Section 259 of the Regulations is repealed.

40 Section 261 of the Regulations is replaced by the following:

Definition

261 In this Subdivision, 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%.

41 Section 262 of the Regulations is replaced by the following:

Prepackaged fish

262 (1) The label of prepackaged fish must bear

• (a) in the case of bivalve molluscs in the shell that are not in a hermetically sealed package, the date of processing and an expression, code or identifier that indicates the area from which the bivalve molluscs were harvested; and
• (b) in the case of tuna that is in a hermetically sealed package, one of the expressions in column 1 of Table 3 in the Descriptive Terms and Identification Names Document to describe the colour of the fish flesh based on the conditions indicated in column 2.

Prepackaged salted fish

(2) In the case of prepackaged salted fish, if the label bears one of the expressions to describe the salt or moisture content of the fish in column 1 of Table 4 in the Descriptive Terms and Identification Names Document, the condition in column 2 indicated for that expression must be met.

42 Section 263 of the Regulations is repealed.

43 Section 264 of the Regulations is repealed.

44 Section 265 of the Regulations is repealed.

45 Section 266 of the Regulations is repealed.

46 Section 267 of the Regulations is repealed.

47 Subsection 268(1) of the Regulations is replaced by the following:

Prepackaged fresh apples

268 (1) The label of prepackaged fresh apples for which a grade is prescribed by these Regulations must bear the name of the variety.

48 Section 269 of the Regulations is repealed.

49 Sections 270 and 271 of the Regulations are repealed.

50 (1) Paragraph 272(1)(a) of the Regulations is repealed.

(2) Paragraphs 272(1)(b) to (d) of the Regulations are repealed.

(3) Paragraph 272(1)(e) of the Regulations is repealed.

(4) Paragraphs 272(1)(f) to (j) of the Regulations are repealed.

(5) Paragraph 272(1)(k) of the Regulations is repealed.

(6) Paragraphs 272(1)(l) to (q) of the Regulations are repealed.

(7) Subsection 272(2) of the Regulations is repealed.

(8) Section 272 of the Regulations is replaced by the following:

Prepackaged processed fruit or vegetable products

272 The label of a prepackaged processed fruit or vegetable product must bear the expression “Contents … Per Cent Slack Filled” or “… pour cent du contenant non rempli” or “Contents … Per Cent Short Weight” or “contient … pour cent de moins que le poids indiqué”, if the package is not filled to capacity or contains less than the minimum net and drained weights prescribed by these Regulations.

51 Section 273 of the Regulations is replaced by the following:

Identification name for food packaged in syrup or fruit juice

273 A food that is set out in column 1 of Table 5 in the Descriptive Terms and Identification Names Document 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 column 2 of that Table must be labelled with the identification name that is set out for that percentage of soluble solids in column 3.

52 Section 274 of the Regulations is repealed.

53 (1) Paragraph 275(1)(a) of the Regulations is repealed.

(2) Paragraph 275(1)(b) of the Regulations is repealed.

(3) Subsection 275(2) of the Regulations is repealed.

54 Section 276 of the Regulations is repealed.

55 Sections 277 and 278 of the Regulations are repealed.

56 Section 279 of the Regulations is replaced by the following:

Blend of Canadian and imported honey

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

57 Section 280 of the Regulations is repealed.

58 Section 281 of the Regulations is repealed.

59 (1) Paragraphs 283(1)(a) and (b) of the Regulations are replaced by the following:

• (a) the information required by paragraphs 218(1)(a) and (b) and 286(b) shown on the principal display panel;
• (b) the ingredients listed in descending order of their proportion by weight of the product; and

(2) Subparagraph 283(1)(c)(ii) of the Regulations is replaced by the following:

• (ii) listed in descending order of their proportion by weight of the ingredient determined before they are combined to form the ingredient, and

60 (1) Paragraph 284(1)(c) of the Regulations is replaced by the following:

• (c) the food that is omitted or substituted is grouped with foods of the same class of foods that are used as ingredients or components in the product and the foods within each of the groups of foods are listed in descending order of the proportion by weight in which they are likely to be used during the 12-month period.

(2) Paragraph 284(2)(b) of the Regulations is replaced by the following:

• (b) the ingredients or components are listed in descending order of the proportion by weight in which they are likely to be used during the 12-month period.

61 (1) Paragraph 286(a) of the Regulations is repealed.

(2) Paragraphs 286(c) and (d) of the Regulations are repealed.

(3) Section 286 of the Regulations is replaced by the following:

Prepackaged edible meat products

286 The label of a prepackaged edible meat product must bear on the principal display panel a statement that indicates that the meat product must be kept refrigerated or kept frozen, as the case may be, unless the meat product

• (a) is in a hermetically sealed package and is commercially sterile;
• (b) is dried to attain a water activity of 0.85 or less;
• (c) has a pH of 4.6 or less;
• (d) is packaged in salt or a saturated salt solution; or
• (e) is fermented and has a pH of 5.3 or less, and a water activity of 0.90 or less, at the end of the fermentation.

62 Section 288 of the Regulations is repealed.

63 Sections 290 and 291 of the Regulations are repealed.

64 Sections 293 to 295 of the Regulations are replaced by the following:

Consumer prepackaged poultry carcass

293 In the case of a consumer prepackaged poultry carcass, if the carcass is dressed or partially dressed and has been graded in accordance with these Regulations, and if it has been seasoned, the label must bear the words “Seasoned” and “assaisonné”.

Poultry carcass — not individually packaged

294 In the case of a prepackaged poultry carcass, if the carcass is dressed or partially dressed and has been graded, but it is not individually packaged, a tag must be attached to the V of the wishbone of the poultry carcass that bears the name and principal place of business of the person by or for whom the poultry carcass was packaged.

65 Sections 297 and 298 of the Regulations are repealed.

66 The heading “Exceptions” before section 299 of the Regulations is replaced by the following:

Exception

67 The portion of section 299 of the Regulations before paragraph (a) is replaced by the following:

Consumer prepackaged food

299 Paragraph 199(1)(a) and sections 200, 216, 221 to 224 and 228 to 241 do not apply in respect of a consumer prepackaged food that is

68 Sections 300 to 303 of the Regulations are repealed.

69 Subsection 314(3) of the English version of the Regulations is replaced by the following:

Exception — paragraph (1)(b)

(3) If consumer prepackaged eggs in a container other than a tray with an overwrap or an egg carton are packaged inside of a second container, the grade name is not required to be shown on the second container if the grade name is easily visible and legible without opening the second container and the grade name is not obscured by the second container.

70 Subsection 320(3) of the English version of the Regulations is replaced by the following:

Exception — second container

(3) If prepackaged fresh fruits or vegetables that are labelled in accordance with these Regulations are placed inside of a second container and the resulting product is prepackaged fresh fruits or vegetables, other than consumer prepackaged fresh fruits or vegetables, the second container is not required to be labelled with the grade name if the grade name is easily visible and legible without having to open the second container and the grade name is not obscured by the second container.

71 Paragraph 354(d) of the Regulations is replaced by the following:

• (d) in the case of a food commodity that is imported and on whose label the product legend that is set out in Schedule 9 is applied, the name of the foreign state of origin or the word “Imported” or “importé” in close proximity to that product legend.

72 The portion of subsection 374(3) of the Regulations before paragraph (a) is replaced by the following:

Inspection legends

(3) For the purposes of sections 179 to 183, subsection 184(1), section 185, paragraphs 258(a), 282(1)(a) and 287(1)(a), the following are deemed to be an inspection legend that is set out in Figure 1 or 2 of Schedule 2, until December 13, 2022:

73 Schedule 3 to the Regulations is repealed.

74 Schedule 6 to the Regulations is amended by replacing the reference after the heading “SCHEDULE 6” with the following:

(Sections 229, paragraphs 312(b), 320(1)(b), 321(c) and 324(a) and section 325)

75 Schedules 7 and 8 to the Regulations are repealed.

Transitional Provisions

76 Current regulations

(1) During the period beginning on the day on which subsection 77(1) of these Regulations comes into force and ending on December 13, 2022, a person is not required to comply with the requirements set out in the following provisions:

• (a) subsection 1(2);
• (b) section 9;
• (c) section 12;
• (d) sections 17 to 19;
• (e) subsection 241.2(2) of the Safe Food for Canadians Regulations as enacted by section 25;
• (f) section 244.8 of the Safe Food for Canadians Regulations as enacted by section 26; and
• (g) sections 59 and 60.
  

December 13, 2026

(2) During the period beginning on the day on which subsection 77(1) of these Regulations comes into force and ending on December 13, 2026, a person is not required to comply with the requirements set out in section 11 of these Regulations.

Coming into Force

Registration

77 (1) Subject to subsection (2), these Regulations come into force on the day on which they are registered.

December 14, 2022

(2) The following provisions come into force on December 14, 2022:

• (a) sections 2 to 4;
• (b) section 11;
• (c) sections 30 and 31;
• (d) section 33;
• (e) section 36;
• (f) sections 38 to 41;
• (g) section 43;
• (h) section 45;
• (i) sections 48 and 49;
• (j) subsections 50(2), (4), (6) and (7);
• (k) section 52;
• (l) subsections 53(2) and (3);
• (m) sections 55 and 56;
• (n) section 58;
• (o) subsection 61(2);
• (p) sections 62 to 65;
• (q) section 71; and
• (r) sections 74 and 75.