Regulations Amending the Safe Food for Canadians Regulations: SOR/2022-144

Canada Gazette, Part II, Volume 156, Number 14

Registration
SOR/2022-144 June 21, 2022

SAFE FOOD FOR CANADIANS ACT

P.C. 2022-708 June 20, 2022

Her Excellency the Governor General in Council, on the recommendation of the Minister of Health and the Minister of Agriculture and Agri-Food, pursuant to section 51^{footnote a} of the Safe Food for Canadians Act ^{footnote b}, makes the annexed Regulations Amending the Safe Food for Canadians Regulations.

Regulations Amending the Safe Food for Canadians Regulations

Amendments

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

processed fruit or vegetable product

means a fruit or vegetable that is in a hermetically sealed package and is commercially sterile or that has been cooked, frozen, concentrated, pickled or otherwise prepared to assure its preservation and

• (a) for which a standard is set out in Volume 4 of the Standards of Identity Document;
• (b) for which a grade is set out in Volume 3 of the Compendium; or
• (c) that is identified as a processed fruit or vegetable product in the Standard Container Sizes Document. (produit de fruits ou de légumes transformés)

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

• (a) the name of the food that is printed in boldface type, but not in italics, in the Standards of Identity Document;

(3) 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)

(4) The definition à proximité in section 1 of the French version of the Regulations is replaced by the following:

à proximité

À l’égard d’un renseignement figurant sur une étiquette, qui est situé immédiatement à côté de celui-ci, sans texte imprimé ou écrit ni signe graphique intercalé. (close proximity)

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

Descriptive Words, Expressions and Identification Names Document

means the document entitled Descriptive Words, Expressions and Identification Names for Specific Foods, prepared by the Agency and published on its website, as amended from time to time. (document sur les mentions descriptives et noms d’identification)

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. (document sur les tailles de contenants normalisées)

2 Subparagraph 7(2)(a)(i) of the Regulations is amended by striking “and” at the end of clause (B) and by adding the following after clause (C):

• (D) any such activity conducted by a restaurant or other similar enterprise, where the food is to be sent or conveyed by the restaurant or other similar enterprise to consumers, and

3 (1) Subparagraph 15(1)(c)(iv) of the English version of the Regulations is replaced by the following:

• (iv) any meat product that it contains is derived from food animals that were slaughtered in Canada, the food animals must have been slaughtered by a licence holder in accordance with the provisions of the Act and these Regulations.

(2) Subsection 15(2) of the Regulations is replaced by the following:

Exception

(2) Subsection (1) does not apply in respect of the foods referred to in paragraphs 11(2)(a) and (b) and foods that are manufactured, processed, treated, preserved, graded, packaged or labelled by a restaurant or other similar enterprise, when the food is to be sent or conveyed by the restaurant or other similar enterprise to consumers.

4 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) and sections 10, 195, 197, 201, 210, 244 to 249, 262, 268, 272, 273, 292, 293, 306 to 308, 312, 313, 316, 322, 324 to 327, 329 and 331, and

5 The portion of subsection 18(1) of the Regulations before paragraph (a) is replaced by the following:

Non-compliant food

18 (1) Any 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 section 188 as that section relates to fresh fruits or vegetables, processed fruit or vegetable products or honey, section 306 as that section relates to fresh fruits or vegetables or processed fruit or vegetable products and Volume 4 of the Standards of Identity Document — if

6 The portion of subsection 19(1) of the Regulations before paragraph (a) is replaced by the following:

Exception — import for export

19 (1) Any person may import a food that does not meet the requirements of the Act or these Regulations — other than section 188 as that section relates to fresh fruits or vegetables, processed fruit or vegetable products or honey, section 306 as that section relates to fresh fruits or vegetables or processed fruit or vegetable products, Part 13 and Volume 4 of the Standards of Identity Document — if

7 The portion of subsection 23(1) of the French version of the Regulations before paragraph (a) is replaced by the following:

Exception — commerce interprovincial, importation et exportation

23 (1) Les dispositions de la Loi et du présent règlement ne s’appliquent pas, dans les cas ci-après, à l’égard de l’aliment expédié ou transporté, d’une province à une autre, importé ou exporté :

8 Subsection 41(3) of the English version of the Regulations is replaced by the following:

Additional inspection stations

(3) The Minister may authorize one or more additional inspection stations for a work shift, on an annual or hourly basis, taking into account the factors set out in subsection (1), if the licence holder submits a written request to the Minister and an inspector is available.

9 Paragraph 89(6)(a) of the English version of the Regulations is replaced by the following:

• (a) in the case of a post-mortem examination, 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; or

10 Subsection 139(1) of the English version of the Regulations is replaced by the following:

Ante-mortem inspection

139 (1) Within 24 hours before the slaughter of a food animal other than a game animal 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, a licence holder must, for the purpose of an ante-mortem inspection, present the food animal or a sample from the shipment that the food animal is part of and, in the case of an equine or a bird other than an ostrich, rhea or emu, the documents referred to in subsection 165(1) to a veterinary inspector or inspector under the supervision of a veterinary inspector.

11 Subsection 170(2) of the English version of the Regulations is amended by striking out “and” at the end of paragraph (c).

12 The Regulations are amended by adding the following before section 174:

Definition of test market food

173.1 For the purposes of section 174, 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.

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

Application for exemption — test market food 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

14 Paragraph 182(c) of the English version of the Regulations is replaced by the following:

• (c) the fish complies with the standards that are set out in Volume 3 of the Standards of Identity Document and meets the requirements that are set out in paragraphs 8(1)(a) to (d) and in Division 5 of Part 6.

15 The Regulations are amended by adding the following after section 185:

Inspection legend used as label

185.1 In the case of the inspection legend set out in Figure 1 of Schedule 2, if it is used or is to be used as a label, the number identifying the licence holder’s establishment that replaces the numbers “00” must be in characters of at least 1.6 mm in height.

16 Sections 187 to 193 of the Regulations are 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

188 (1) The container of a prepackaged food, including a hermetically sealed food container 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 container is made of metal, it 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 catch-weight food if 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; or
• (c) distributed to one or more persons for no consideration.

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

• (b) any expression, word, number, 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) a consumer prepackaged food that is labelled in the manner set out in paragraph (1)(a); or
• (b) a prepackaged food that is labelled in the manner set out in paragraph (1)(b).

18 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), section 254 and subsections 256(1) and 333(2), both an English and a French word or expression that appears in quotation marks must be shown on the label of a prepackaged food except if 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.

19 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 discernible to the purchaser under the customary conditions of purchase and use.

20 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 that is required to be shown on the prepackaged food’s label under Divisions 24 and 25 of Part B of the Food and Drug Regulations.

Prohibition — unpackaged food or used as ingredient

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

21 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.

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:

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 20 g or less.

Prepackaged honey

(3) In the case of prepackaged honey that is graded and that is sold as one unit but that consists of two or more individual packages, the label must bear the number of those packages and the net quantity of each, in metric units.

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 prepackaged 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 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 in an advertisement may be shown in either a metric unit or a Canadian unit.

Exceptions to declaration of net quantity

241.2 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 a mobile canteen;
• (b) a catch-weight food that is sold to a retailer;
• (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; and
• (d) consumer prepackaged fresh fruits or vegetables sold in a retail store that are packaged in an unsealed transparent protective bag, if sold by weight.

Consumer prepackaged raspberries or strawberries

241.3 The requirements of sections 216, 221 and 240 do not apply in respect of consumer prepackaged raspberries or strawberries that are packaged in the field in a container that has a capacity of 1.14 L or less.

Individually measured food

241.4 (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 subsection 210(2), paragraph 229(1)(a), subsections 229(2) and (3) and paragraph 230(b); or
• (b) be shown in metric units.

Definition of 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

241.5 Sections 221, 239 and 240 do not apply to the label of a consumer prepackaged food that consists of six or less identical individually packaged foods but is sold as one unit if each of the individually packaged foods is labelled with the information required by this Part and 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 — prepackaged foods

244.1 The label of the following prepackaged foods 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) honey graded in accordance with these Regulations;
• (g) maple products, except maple syrup that is not 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 section 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.

Exceptions

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

• (a) prepackaged dairy products;
• (b) fish that is 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

244.5 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 as if it were a consumer prepackaged food.

27 Section 246 of the Regulations is amended by adding “and” at the end of paragraph (b), by striking out “and” at the end of paragraph (c) and by repealing paragraph (d).

28 Section 248 of the Regulations is amended by adding “and” at the end of paragraph (b), by striking out “and” at the end of paragraph (c) and by repealing paragraph (d).

29 (1) Subsection 249(1) of the Regulations is amended by adding “and” at the end of paragraph (b) and by replacing paragraphs 249(1)(c) and (d) with the following:

• (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 mixture.

(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 that correspond to the applicable moisture on fat-free basis content set out in the Descriptive Words, Expressions and Identification Names Document.

Principal ripening characteristic

(4) The principal ripening characteristic of the cheese must be identified by the words or expressions that correspond to the applicable ripening process set out in the Descriptive Words, Expressions and Identification Names Document.

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

Exception

251 Subsection 239(2) and sections 244.3, 246, 248 and 250 do not apply in respect of an individual portion of a consumer prepackaged dairy product that is sold

31 Sections 252 and 253 of the Regulations are replaced by the following:

Type size

253 The information that is required by section 250 must be shown in boldface type in characters that are at least 16 mm in height, in the case of a prepackaged dairy product other than a consumer prepackaged dairy product.

32 Sections 254 and 255 of the Regulations are 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.

33 Section 257 of the Regulations is repealed.

34 Section 258 of the Regulations is amended by adding “and” at the end of paragraph (a) and by repealing paragraphs (c) and (d).

35 Sections 261 to 265 of the Regulations are replaced by the following:

Definition of salted fish

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%.

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 they were harvested; and
• (b) in the case of tuna that is in a hermetically sealed package, one of the expressions to describe the applicable colour of the fish flesh based on the indicated condition as set out in the Descriptive Words, Expressions and Identification Names Document.

Prepackaged salted fish

(2) In the case of prepackaged salted fish, if the label bears one of the expressions set out in the Descriptive Words, Expressions and Identification Names Document to describe the salted fish, the applicable salt or moisture content after salting is complete as indicated for that expression must be met.

Prepackaged fish placed in a second container

263 If prepackaged fish that is labelled in accordance with this Part is placed inside of a second container and the resulting product is prepackaged fish, other than consumer prepackaged fish, the second container is not required to be labelled with the declaration of net quantity referred to in paragraph 244.1(c).

36 Section 267 of the Regulations is repealed.

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

Prepackaged fresh apples

268 (1) The label of prepackaged fresh apples must bear the name of the variety.

(2) Subsections 268(3) and (4) of the Regulations are replaced by the following:

Definition of apple

(3) In this section, apple means a fresh apple for which a grade is prescribed by these Regulations.

38 Subsection 269(2) of the English version of the Regulations is replaced by the following:

Prepackaged fruits or vegetables — second container

(2) 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 (1) if that information is easily visible and legible without having to open the second container and that information is not obscured by the container.

39 Sections 272 and 273 of the Regulations are replaced by the following:

Prepackaged processed fruit or vegetable products

272 The label of a prepackaged processed fruit or vegetable product must bear

• (a) 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 drained weight and average drained weight as 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; and
• (b) the expression “Keep Refrigerated” or “garder réfrigéré”, in the case of sauerkraut with preservative, or a fruit juice that is in a non-hermetically sealed package.

Identification name — food in syrup or juice

273 A food that is set out in the Descriptive Words, Expressions and Identification Names Document that is frozen or in a hermetically sealed package and that is packaged in syrup, fruit juice, or in fruit juice to which sugar has been added, must be labelled with the identification name that is set out for the corresponding percentage of soluble solids contained in the applicable food.

40 Section 275 of the Regulations is repealed.

41 Section 280 of the Regulations is repealed.

42 (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 244.1(h) and sections 244.5 and 286 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

43 (1) The portion of subsection 284(1) of the Regulations before paragraph (a) is replaced by the following:

Exception — omission or substitution of ingredient or component

284 (1) In the case where it is an acceptable manufacturing practice for a licence holder to omit, from an edible meat product that is not prepackaged, any food that is ordinarily an ingredient of the meat product or a component of the ingredient, or substitute in whole or in part, in an edible meat product that is not prepackaged, any food for a food that is ordinarily an ingredient or a component of the ingredient, the list of ingredients on the label of the meat product may, for the 12-month period beginning at the time the label is applied or attached to the edible meat product, show as ingredients of the meat product or components of the ingredients the food that may be omitted or substituted, if

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

• (c) the food that may be 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.

(3) The portion of subsection 284(2) of the Regulations before paragraph (a) is replaced by the following:

Exception — varying proportions

(2) In the case where it is an acceptable manufacturing practice for a licence holder to vary the proportions of ingredients of an edible meat product that is not prepackaged or components of the ingredients, the list of ingredients on the label of the edible meat product may, for the 12-month period beginning at the time the label is applied or attached to the meat product, show the ingredients or components in the same proportions throughout the 12-month period, if

(4) 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.

44 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.

45 Section 288 of the Regulations is repealed.

46 Section 290 of the Regulations is renumbered as subsection 290(1) and is amended by adding the following:

Cooked or fully cooked edible meat product

(2) The label may also bear the word or expression “Cooked” or “Fully Cooked” provided the word or expression is in close proximity to the common name and the product has been subjected to heat for a time sufficient to produce the characteristics of a cooked meat product in respect of friability, colour, texture and flavour.

47 The portion of section 291 of the Regulations before paragraph (b) is replaced by the following:

Uncooked meat products

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

• (a) the expression “Must Be Cooked” or “doit être cuit” or “Raw Product” or “produit cru” or the word “Uncooked” or “non cuit”, or any equivalent word or expression, on the principal display panel, in close proximity to the common name, to indicate that the meat product requires cooking before consumption; and

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

Seasoned consumer prepackaged poultry carcass

293 In the case of a consumer prepackaged poultry carcass, if the carcass is dressed or partially dressed, has been graded in accordance with these Regulations and 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, has been graded in accordance with these Regulations, and 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.

49 The heading of Division 4 of Part 11 of the Regulations is replaced by the following:

Exception

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

Consumer prepackaged food

299 Paragraphs 199(1)(a) and 199(2)(a), subsections 199(3) to (5) and sections 200, 216, 221 to 224 and 229 to 241 do not apply in respect of a consumer prepackaged food that is

(2) Paragraph 299(b) of the English version of the Regulations is replaced by the following:

• (b) manufactured, prepared, produced, packaged or labelled only for sale to or by a duty-free shop; or

51 Sections 300 to 303 of the Regulations are repealed.

52 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.

53 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.

54 Paragraph 324(b) of the English version of the Regulations is replaced by the following:

• (b) in the case of prepackaged honey other than consumer prepackaged honey, in the manner set out in paragraphs 323(a) and (b).

55 Subsection 365(2) of the English version of the Regulations is replaced by the following:

Conditions

(2) The Minister must not cancel an accreditation 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.

56 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:

57 Schedule 2 to the Regulations is amended by adding the following after Figure 2:

Figure 1 or Figure 2 is to appear with the circle outline, the maple leaf excluding the word “Canada” and, in the case of Figure 1, the number identifying the licence holder’s establishment that replaces the numbers “00”, in the same, single colour that contrasts with the colour of the background and the word “Canada” such that the Figure is easily visible.

58 Schedule 3 to the Regulations is repealed.

59 Schedule 6 to the English version of the Regulations is amended by replacing the references after the heading “SCHEDULE 6” with the following:

(Section 229, subsection 270(1), paragraphs 312(b), 320(1)(b), 321(c) and 324(a) and section 325)

60 Schedules 7 and 8 to the Regulations are repealed.

61 (1) The product legend in Schedule 9 to the Regulations is replaced by the following:

(2) The note after the product legend in Schedule 9 to the Regulations is replaced by the following:

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.

Coming into Force

62 These Regulations come into force on the day on which they are registered.

N.B. The Regulatory Impact Analysis Statement for these Regulations appears following SOR/2022-143, Regulations Amending the Food and Drug Regulations.