Food and Drug Regulations (C.R.C., c. 870)(version of document current to 2011), Canada, WIPO Lex

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French Règlement sur les aliments et les drogues (C.R.C., ch. 870)(version du document à jour en 2011)

English Food and Drug Regulations (C.R.C., c. 870)(version of document current to 2011)

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Food and Drug Regulations

C.R.C., c. 870

FOOD AND DRUGS ACT

Regulations Respecting Food and Drugs

PART A ADMINISTRATION General A.01.001. These Regulations may be cited as the Food and Drug Regulations.

A.01.002. These Regulations, where applicable, prescribe the standards of composition, strength, potency, purity, quality or other property of the article of food or drug to which they refer.

A.01.003. [Repealed, SOR/94-289, s. 1]

Interpretation A.01.010. In these Regulations,

“acceptable method” means a method of analysis or examination designated by the Director as acceptable for use in the administration of the Act and these Regulations; (méthode acceptable)

“Act” means the Food and Drugs Act, except in Parts G and J; (Loi)

“common-law partner”, in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year; (conjoint de fait)

“cubic centimetre” and its abbreviation “cc.” shall be deemed to be interchangeable with the term “millilitre” and its abbreviation “ml.”; (centimètre cube)

“Director” means the Assistant Deputy Minister, Health Products and Food Branch, of the Department of Health; (Directeur)

“inner label” means the label on or affixed to an immediate container of a food or drug; (étiquette intérieure)

“Lot number” means any combination of letters, figures, or both, by which any food or drug can be traced in manufacture and identified in distribution; (numéro de lot)

“manufacturer”[Repealed, SOR/97-12, s. 1]

“manufacturer” or “distributor” means a person, including an association or partnership, who under their own name, or under a trade-, design or word mark, trade name or other name, word or mark controlled by them, sells a food or drug; (fabricantordistributeur)

“official method” means a method of analysis or examination designated as such by the Director for use in the administration of the Act and these Regulations; (méthode officielle)

“outer label” means the label on or affixed to the outside of a package of a food or drug; (étiquette extérieure)

“principal display panel” has the same meaning as in the Consumer Packaging and Labelling Regulations; (espace principal)

“security package” means a package having a security feature that provides reasonable assurance to consumers that the package has not been opened prior to purchase. (emballage de sécurité)

SOR/84-300, s. 1(F); SOR/85-141, s. 1; SOR/89-455, s. 1; SOR/97-12, s. 1; SOR/2000-353, s. 1; SOR/2001-272, s. 5; SOR/2003-135, s. 1.

A.01.011. The Director shall, upon request, furnish copies of official methods.

A.01.012. The Director shall, upon request, indicate that a method is acceptable or otherwise upon its submission to him for a ruling.

A.01.013. Where a food, drug, vitamin or cosmetic has more than one name, whether proper or common, a reference in these Regulations to the food, drug, vitamin or cosmetic by any of its names is deemed to be a reference to the food, drug or vitamin by all of its names.

A.01.014. When a lot number is required by these Regulations to appear on any article, container, package or label it shall be preceded by one of the following designations:

(a) “Lot number”;

(b) “Lot No.”;

(d) “(L)”.

A.01.015. (1) Subject to subsection (2), any statement, information or declaration that is required by these Regulations to appear on the label of any drug shall be in either the French or the English language in addition to any other language.

(2) The adequate directions for use required to be shown on the inner and outer labels of a drug pursuant to subparagraph C.01.004(1)(c)(iii) shall be in both the French and English languages if the drug is available for sale without prescription in an open self-selection area.

SOR/85-140, s. 1.

A.01.016. All information required by these Regulations to appear on a label of a food or drug shall be

(a) clearly and prominently displayed on the label; and

(b) readily discernible to the purchaser or consumer under the customary conditions of purchase and use.

Analysts; Inspectors A.01.020. and A.01.021. [Repealed, SOR/81-935, s. 1]

A.01.022. An inspector shall perform the functions and duties and carry out the responsibilities in respect of foods and drugs prescribed by the Act, and these Regulations.

A.01.023. The authority of an inspector extends to and includes the whole of Canada.

A.01.024. The certificate of designation required pursuant to subsection 22(2) of the Act shall

(a) certify that the person named therein is an inspector for the purpose of the Act; and

(b) be signed by

(i) the Director and the person named in the certificate, in the case of an inspector on the staff of the Department, or

(ii) [Repealed, SOR/2000-184, s. 60]

SOR/80-500, s. 1; SOR/92-626, s. 1; SOR/95-548, s. 5; SOR/2000-184, s. 60.

A.01.025. Where authorized by a regulation made pursuant to the Broadcasting Act, inspectors shall act as representatives of the Canadian Radio-television and Telecommunications Commission for the purpose of enforcing the provisions of regulations made by the Canadian Radio-Television and Telecommunications Commission concerning the advertising of any article to which the Proprietary or Patent Medicine Act or the Food and Drugs Act applies, or concerning recommendations for the prevention, treatment or cure of a disease or ailment.

A.01.026. An inspector may, for the proper administration of the Act or these Regulations, take photographs of

(a) any article that is referred to in subsection 23(2) of the Act;

(b) any place where, on reasonable grounds, he believes any article referred to in paragraph (a) is manufactured, prepared, preserved, packaged or stored; and

(c) anything that, on reasonable grounds, he believes is used or capable of being used for the manufacture, preparation, preservation, packaging or storing of any article referred to in paragraph (a).

SOR/90-814, s. 1.

Importations A.01.040. Subject to section A.01.044, no person shall import into Canada for sale a food or drug the sale of which in Canada would constitute a violation of the Act or these Regulations.

SOR/92-626, s. 2(F).

A.01.041. An inspector may examine and take samples of any food or drug sought to be imported into Canada.

A.01.042. Where an inspector examines or takes a sample of a food or drug pursuant to section A.01.041, he may submit the food or drug or sample to an analyst for analysis or examination.

A.01.043. Where an inspector, upon examination of a food or drug or sample thereof or on receipt of a report of an analyst of the result of an analysis or examination of the food or drug or sample, is of the opinion that the sale of the food or drug in Canada would constitute a violation of the Act or these Regulations, the inspector shall so notify in writing the collector of customs concerned and the importer.

SOR/84-300, s. 2(E).

A.01.044. (1) Where a person seeks to import a food or drug into Canada for sale and the sale would constitute a violation of the Act or these Regulations, that person may, if the sale of the food or drug would be in conformity with the Act and these Regulations after its relabelling or modification, import it into Canada on condition that

(a) the person gives to an inspector notice of the proposed importation; and

(b) the food or drug will be relabelled or modified as may be necessary to enable its sale to be lawful in Canada.

(2) No person shall sell a food or drug that has been imported into Canada under subsection (1) unless the food or drug has been relabelled or modified within three months after the importation or within such longer period as may be specified by

(a) in the case of a drug, the Director; or

(b) in the case of food, the Director or the President of the Canadian Food Inspection Agency.

SOR/92-626, s. 3; SOR/95-548, s. 5; SOR/2000-184, s. 61; SOR/2000-317, s. 18.

Exports A.01.045. A certificate referred to in section 37 of the Act shall be signed and issued by the exporter in the form set out in Appendix III.

SOR/80-318, s. 1; SOR/90-814, s. 2.

Sampling A.01.050. When taking a sample of an article pursuant to paragraph 23(1)(a) of the Act, an inspector shall inform the owner thereof or the person from whom the sample is being obtained of the inspector’s intention to submit the sample or a part thereof to an analyst for analysis or examination, and

(a) where, in the opinion of the inspector, division of the procured quantity would not interfere with analysis or examination

(i) divide the quantity into three parts,

(ii) identify the three parts as the owner’s portion, the sample, and the duplicate sample and where only one part bears the label, that part shall be identified as the sample,

(iii) seal each part in such a manner that it cannot be opened without breaking the seal, and

(iv) deliver the part identified as the owner’s portion to the owner or the person from whom the sample was obtained and forward the sample and the duplicate sample to an analyst for analysis or examination; or

(b) where, in the opinion of the inspector, division of the procured quantity would interfere with analysis or examination

(i) identify the entire quantity as the sample,

(ii) seal the sample in such a manner that it cannot be opened without breaking the seal, and

(iii) forward the sample to an analyst for analysis or examination.

SOR/90-814, s. 3.

A.01.051. Where the owner or the person from whom the sample was obtained objects to the procedure followed by an inspector under section A.01.050 at the time the sample was obtained, the inspector shall follow both procedures set out in that section if the owner or the person from whom the sample was obtained supplies him with a sufficient quantity of the article.

Tariff of Fees A.01.060. The cost of analysing a sample other than for the purpose of the Act, for a department of the Government of Canada for the purpose of legal action is $15.

Labelling of Food and Drugs in Pressurized Containers A.01.060.1. In sections A.01.061 and A.01.062,

“flame projection” means the ability of the pressurized contents of an aerosol container to ignite and the length of that ignition, when tested in accordance with official method DO-30, Determination of Flame Projection, dated October 15, 1981; (projection de flamme)

“flashback” means that part of the flame projection that extends from its point of ignition back to the aerosol container when tested in accordance with official method DO-30, Determination of Flame Projection, dated October 15, 1981; (retour de flamme)

“principal display panel”[Repealed, SOR/2000-353, s. 2]

SOR/92-15, s. 1; SOR/2000-353, s. 2; SOR/2001-272, s. 6.

A.01.061. (1) Subject to section A.01.063, in the case of a food or a drug packaged in a disposable metal container designed to release pressurized contents by use of a manually operated valve that forms an integral part of the container, the principal display panel of the inner and outer labels of the food or drug shall display, in accordance with sections 15 to 18 of the Consumer Chemicals and Containers Regulations, as they read on September 30, 2001, the following information:

(a) the hazard symbol set out in Column II of item 10 of Schedule II to those Regulations, accompanied by the signal word “CAUTION / ATTENTION”; and

(b) the primary hazard statement “CONTAINER MAY EXPLODE IF HEATED. / CE CONTENANT PEUT EXPLOSER S’IL EST CHAUFFÉ.”.

(2) Subject to section A.01.063, one panel of the inner and outer labels of a food or drug referred to in subsection (1) shall display, in the size required by paragraph 19(1)(b) of the Consumer Chemicals and Containers Regulations, as they read on September 30, 2001, the following additional hazard statement:

“Contents under pressure. Do not place in hot water or near radiators, stoves or other sources of heat. Do not puncture or incinerate container or store at temperatures over 50°C.

Contenu sous pression. Ne pas mettre dans l’eau chaude ni près des radiateurs, poêles ou autres sources de chaleur. Ne pas percer le contenant, ni le jeter au feu, ni le conserver à des températures dépassant 50 °C.”

(3) The requirements of subsections (1) and (2) do not apply where

(a) in relation to a drug or cosmetic, in the opinion of the Director, or

(b) in relation to a food, in the opinion of the Minister of Consumer and Corporate Affairs,

the design of the container, the materials used in its construction or the incorporation of a safety device eliminate the potential hazard therein.

SOR/81-616, s. 1; SOR/85-1023, s. 1; SOR/92-15, s. 2; SOR/2001-272, s. 7.

A.01.062. (1) Subject to section A.01.063, if a food or drug is packaged in a container described in subsection A.01.061(1) and has a flame projection of a length set out in column I of any of items 1 to 3 of the table to this subsection or a flashback as set out in column I of item 4 of that table, as determined by official method DO-30, Determination of Flame Projection, dated October 15, 1981, the principal display panel of the inner and outer labels of the food or drug shall display, in accordance with sections 15 to 18 of the Consumer Chemicals and Containers Regulations, as they read on September 30, 2001, the following information:

(a) the hazard symbol set out in Column II of the same item;

(b) in both official languages, the signal word set out in Column III of the same item; and

TABLE IS NOT DISPLAYED, SEE SOR/81-616, S. 2; SOR/92-15, S. 3

(2) In addition to the requirements of subsection (1), one panel of the inner label and outer labels of a food or drug referred to in that subsection shall display, in the size required by paragraph 19(1)(b) of the Consumer Chemicals and Containers Regulations, as they read on September 30, 2001, the following additional hazard statement:

“Do not use in presence of open flame or spark.

Ne pas utiliser en présence d’une flamme nue ou d’étincelles.”

SOR/81-616, s. 2; SOR/82-429, s. 1; SOR/85-1023, s. 2; SOR/92-15, s. 3; SOR/2001-272, s. 8.

A.01.063. (1) Where the labelled net contents of a container of a food or drug described in subsection A.01.061(1) or A.01.062(1) does not exceed 60 millilitres or 60 grams, the inner label may show only the information described in paragraph A.01.061(1)(a) or paragraphs A.01.062(1)(a) and (b), as the case may be.

(2) Where the labelled net contents of a container of a food or drug described in subsection A.01.061(1) or A.01.062(1) exceeds 60 millilitres or 60 grams but does not exceed 120 millilitres or 120 grams, the inner label may show only the information described in subsection A.01.061(1) or subsection A.01.062(1), as the case may be.

(3) Where the labelled net quantity, in a container, of a food or drug referred to in subsection A.01.061(1) or A.01.062(1) is less than 30 mL or 30 g, the hazard symbol shall be of such size as to be capable of being circumscribed by a circle with a diameter of at least 6 mm.

(4) Where a container of a food or drug, described in subsection (1) or (2) is sold in a package, the outer label may show only the information described in subsection A.01.061(2) and, where applicable, subsection A.01.062(2).

SOR/81-616, s. 2; SOR/92-15, s. 4.

A.01.064. [Repealed, SOR/93-243, s. 2]

Security Packaging A.01.065 (1) In this section, “drug for human use” means a drug that is intended for human use, whether the drug is

(a) a mouthwash;

(b) to be inhaled, ingested or inserted into the body; or

(2) Subject to subsection (3), no person shall sell or import a drug for human use that is packaged and available to the general public in a self-service display, unless the drug is contained in a security package.

(3) Subsection (2) does not apply to lozenges.

(4) Subject to subsection (5), a statement or illustration that draws attention to the security feature of the security package referred to in subsection (2) shall be carried

(a) on the inner label of the package; and

(b) if the security feature is a part of the outer package, on the outer label.

(5) Subsection (4) does not apply if the security feature of a security package is self-evident and is an integral part of the immediate product container.

SOR/85-141, s. 2; SOR/88-323, s. 1; SOR/92-664, s. 1.

Exemptions Application

A.01.066. Sections A.01.067 and A.01.068 do not apply to

(a) a drug included in Schedule I, II, III, IV or V to the Controlled Drugs and Substances Act; or

(b) a drug that is listed or described in Schedule F, other than a drug that is listed or described in Part II of that Schedule and that is

(i) in a form not suitable for human use, or

(ii) labelled in the manner prescribed by paragraph C.01.046(b).

SOR/2007-288, s. 1.

Advertising

A.01.067. A drug is exempt from subsection 3(1) of the Act with respect to its advertisement to the general public as a preventative, but not as a treatment or cure, for any of the diseases, disorders or abnormal physical states referred to in Schedule A to the Act.

SOR/2007-288, s. 1.

Sale

A.01.068. A drug is exempt from subsection 3(2) of the Act with respect to its sale by a person where the drug is represented by label or is advertised by that person to the general public as a preventative, but not as a treatment or cure, for any of the diseases, disorders or abnormal physical states referred to in Schedule A to the Act.

SOR/2007-288, s. 1.

PART B FOODS Division 1 General

B.01.001. (1) In this Part,

“agricultural chemical” means any substance that is used, or represented for use, in or on a food during its production, storage or transport, and whose use results, or may reasonably be expected to result, in a residue, component or derivative of that substance in or on a food and includes any pest control product as defined in subsection 2(1) of the Pest Control Products Act, plant growth regulator, fertilizer or any adjuvant or carrier used with that substance. This definition does not include any

(a) food additive that is listed in, and used in accordance with, the tables to section B.16.100,

(b) nutritive substance that is used, recognized or commonly sold as food or as an ingredient of food,

(d) essential oil, flavouring preparation, natural extractive, oleoresin, seasoning or spice,

(e) food packaging material or any substance of which that material is composed, or

(f) drug recommended for administration to animals that may be consumed as food; (produit chimique agricole)

“available display surface”, in respect of a prepackaged product, means

(a) the bottom of an ornamental container or the total surface area of both sides of a tag attached to the ornamental container, whichever is greater,

(b) the total surface area of both sides of a tag attached to a package to which a label cannot be physically applied or on which information cannot be legibly set out and easily viewed by the purchaser or consumer under the customary conditions of purchase, and

(c) the total surface area of any other package, excluding the bottom if the contents of the package leak out or are damaged when the package is turned over,

but does not include

(d) any area of a package on which a label cannot be physically applied or on which information cannot be legibly set out and easily viewed by the purchaser or consumer under the customary conditions of purchase,

(e) any part of a package that is intended to be destroyed when it is opened, other than a package of a food that is intended to be consumed by one person at a single eating occasion, or

(f) the area occupied by the universal product code; (surface exposée disponible)

“close proximity” means, with reference to the common name, immediately adjacent to the common name without any intervening printed, written or graphic matter; (à proximité)

“common name” means, with reference to a food,

(a) the name of the food printed in boldface type in these Regulations,

(b) the name prescribed by any other regulation, or

“component” means an individual unit of food that is combined as an individual unit of food with one or more other individual units of food to form an ingredient; (constituant)

“daily value” means

(a) in respect of a vitamin or mineral nutrient referred to in the definition “recommended daily intake”, the recommended daily intake for that vitamin or mineral nutrient, and

(b) in respect of a nutrient referred to in the definition “reference standard”, the reference standard for that nutrient; (valeur quotidienne)

“durable life” means the period, commencing on the day on which a prepackaged product is packaged for retail sale, during which the product, when it is stored under conditions appropriate to that product, will retain, without any appreciable deterioration, its normal wholesomeness, palatability, nutritional value and any other qualities claimed for it by the manufacturer; (durée de conservation)

“durable life date” means the date on which the durable life of a prepackaged product ends; (date limite de conservation)

“energy value” means, in respect of a food, the amount of energy made available to a person’s body when the chemical constituents of the food, including protein, fat, carbohydrate and alcohol, are metabolized following ingestion of the food by the person; (valeur énergétique)

“extended meat product” means a meat product to which a meat product extender has been added; (produit de viande avec allongeur)

“extended poultry product” means a poultry product to which a poultry product extender has been added; (produit de volaille avec allongeur)

“fish product” means fish or prepared fish; (produit de poisson)

“flavouring preparation” includes any food for which a standard is provided in Division 10; (préparation aromatisante)

“food additive” means any substance the use of which results, or may reasonably be expected to result, in it or its by-products becoming a part of or affecting the characteristics of a food, but does not include

(a) any nutritive material that is used, recognized or commonly sold as an article or ingredient of food;

(b) vitamins, mineral nutrients and amino acids, other than those listed in the tables to Division 16,

(d) agricultural chemicals, other than those listed in the tables to Division 16,

(e) food packaging materials and components thereof; and

(f) drugs recommended for administration to animals that may be consumed as food; (additif alimentaire)

“food colour” means those colours permitted for use in or upon food by Division 6; (colorant alimentaire)

“gelling agent” means gelatin, agar and carrageenan; (agent gélatinisant)

“ingredient” means an individual unit of food that is combined as an individual unit of food with one or more other individual units of food to form an integral unit of food that is sold as a prepackaged product; (ingrédient)

“meal replacement” means a formulated food that, by itself, can replace one or more daily meals; (substitut de repas)

“meat product” means meat, meat by-product, prepared meat or prepared meat by-product; (produit de viande)

“meat product extender” means a food that is a source of protein and that is represented as being for the purpose of extending meat products; (allongeur de produit de viande)

“monounsaturated fatty acids”, “monounsaturated fat”, “monounsaturates” or “monounsaturated” means cis-monounsaturated fatty acids; (acides gras monoinsaturés, graisses monoinsaturées, gras monoinsaturés, lipides monoinsaturésoumonoinsaturés)

“nutritional supplement” means a food sold or represented as a supplement to a diet that may be inadequate in energy and essential nutrients; (supplément nutritif)

“nutrition facts table” means the nutrition facts table that is required by subsection B.01.401(1) to be carried on the label of a prepackaged product; (tableau de la valeur nutritive)

“omega-3 polyunsaturated fatty acids”, “omega-3 polyunsaturated fat”, “omega-3 polyunsaturates”, “omega-3 polyunsaturated” or “omega-3” means

(a) 9-cis, 12-cis, 15-cis octadecatrienoic acid or α-linolenic acid,

(b) 8-cis, 11-cis, 14-cis, 17-cis eicosatetraenoic acid,

(d) 7-cis, 10-cis, 13-cis, 16-cis, 19-cis docosapentaenoic acid, or

(e) 4-cis, 7-cis, 10-cis, 13-cis, 16-cis, 19-cis docosahexaenoic acid or DHA; (acides gras polyinsaturés oméga-3, graisses polyinsaturées oméga-3, gras polyinsaturés oméga-3, lipides polyinsaturés oméga-3, polyinsaturés oméga-3ouoméga-3)

“omega-6 polyunsaturated fatty acids”, “omega-6 polyunsaturated fat”, “omega-6 polyunsaturates”, “omega-6 polyunsaturated” or “omega-6” means

(a) 9-cis, 12-cis octadecadienoic acid or linoleic acid,

(b) 6-cis, 9-cis, 12-cis octadecatrienoic acid,

(d) 5-cis, 8-cis, 11-cis, 14-cis eicosatetraenoic acid or arachidonic acid,

(e) 7-cis, 10-cis, 13-cis, 16-cis docosatetraenoic acid, or

(f) 4-cis, 7-cis, 10-cis, 13-cis, 16-cis docosapentaenoic acid; (acides gras polyinsaturés oméga 6, graisses polyinsaturées oméga-6, gras polyinsaturés oméga-6, lipides polyinsaturés oméga 6, polyinsaturés oméga-6ouoméga-6)

“ornamental container” means a container that, except on the bottom, does not have any promotional or advertising material thereon, 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, appears to be a decorative ornament and is sold as a decorative ornament in addition to being sold as the container of a product; (emballage décoratif)

“overage” means the amount of a vitamin or mineral nutrient that is, within the limits of good manufacturing practice, added to a food in excess of the amount declared on the label, in order to ensure that the amount of the vitamin or mineral nutrient declared on the label is maintained throughout the durable life of the food; (surtitrage)

“parts per million”[Repealed, SOR/2010-94, s. 1]

“parts per million” or “p.p.m.” means parts per million by weight unless otherwise stated; (parties par millionoup.p.m.)

“per cent” or “%” means per cent by weight, unless otherwise stated; (pour cent)

“polyunsaturated fatty acids”, “polyunsaturated fat”, “polyunsaturates” or “polyunsaturated” means cis-methylene interrupted polyunsaturated fatty acids; (acides gras polyinsaturés, graisses polyinsaturées, gras polyinsaturés, lipides polyinsaturésoupolyinsaturés)

“poultry product” means poultry meat, prepared poultry meat, poultry meat by-product or prepared poultry meat by-product; (produit de volaille)

“poultry product extender” means a food that is a source of protein and that is represented as being for the purpose of extending poultry products; (allongeur de produit de volaille)

“prepackaged meal” means a prepackaged selection of foods for one individual that requires no preparation other than heating and that contains at least one serving, as described in Canada’s Food Guide to Healthy Eating, published in 1992 by the Department of Supply and Services by authority of the Minister of National Health and Welfare, of

(a) meat, fish, poultry, legumes, nuts, seeds, eggs or milk or milk products other than butter, cream, sour cream, ice-cream, ice milk and sherbet; and

(b) vegetables, fruit or grain products; (repas préemballé)

“prepackaged product” means any food that is contained in a package in the manner in which it is ordinarily sold to or used or purchased by a person; (produit préemballé)

“principal display panel” means, despite the meaning assigned to that term in section A.01.010,

(a) in the case of a label applied to a prepackaged product that is subject to the Consumer Packaging and Labelling Act the principal display panel as defined in the Consumer Packaging and Labelling Regulations,

(b) in the case of a label applied to a prepackaged product that is not subject to the Consumer Packaging and Labelling Act, that part of the label applied to all or part of the side or surface of the container that is displayed or visible under normal or customary conditions of sale or use, and where the container does not have such a side or surface, that part of the label applied to any part of the container, except the bottom, if any, and

(c) in the case of a label applied to a food that is not a prepackaged product, that part of the label applied to all or part of the side or surface of the food that is displayed or visible under normal or customary conditions of sale or use; (espace principal)

“reasonable daily intake”, in respect of a food set out in Column I of an item of Schedule K, means the amount of that food set out in Column II of that item; (ration quotidienne raisonnable)

“recommended daily intake”, in respect of a vitamin or mineral nutrient set out in column I of Table I to Division 1 of Part D or in column I of Table I to Division 2 of Part D, means

(a) in the case of a prepackaged product intended solely for children under two years of age, the quantity set out in column III, and

(b) in any other case, the quantity set out in column II; (apport quotidien recommandé)

“reference amount”, in respect of a food set out in column 1 of Schedule M, means the amount of that food set out in column 2; (quantité de référence)

“reference standard”, in respect of a nutrient set out in column 1 of the table to section B.01.001.1, means the amount set out in column 2; (norme de référence)

“saturated fatty acids”, “saturated fat”, “saturates” or “saturated” means all fatty acids that contain no double bonds; (acides gras saturés, graisses saturées, gras saturés, lipides saturésousaturés)

“simulated meat product” means any food that does not contain any meat product, poultry product or fish product but that has the appearance of a meat product; (simili-produit de viande)

“simulated poultry product” means any food that does not contain any poultry product, meat product or fish product but that has the appearance of a poultry product; (simili-produit de volaille)

“sugars” means all monosaccharides and disaccharides; (sucres)

“sweetener” means any food additive listed as a sweetener in Table IX to section B.16.100; (édulcorant)

“sweetening agent” includes any food for which a standard is provided in Division 18, but does not include those food additives listed in the tables to Division 16; (agent édulcorant)

“trans fatty acids”, “trans fat” or “trans” means unsaturated fatty acids that contain one or more isolated or non-conjugated double bonds in a trans-configuration; (acides gras trans, graisses trans, gras trans, lipides transoutrans)

“unstandardized food” means any food for which a standard is not prescribed in this Part; (aliment non normalisé)

“weighted recommended nutrient intake”, in respect of a vitamin or mineral nutrient set out in column I of Table II to Division 1 of Part D or in column I of Table II to Division 2 of Part D, means the amount set out in column III; (apport nutritionnel recommandé pondéré)

“yolk-replaced egg” means a food that

(a) does not contain egg yolk but contains fluid, dried or frozen egg albumen or mixtures thereof,

(b) is intended as a substitute for whole egg, and

(2) The definitions in this subsection apply for the purposes of the Act.

“agricultural chemical” has the same meaning as in subsection (1). (produit chimique agricole)

“food additive” has the same meaning as in subsection (1). (additif alimentaire)

SOR/78-403, s. 1(F); SOR/79-23, s. 1; SOR/81-83, s. 1; SOR/81-617, s. 1; SOR/88-336, s. 1; SOR/88-559, s. 1; SOR/89-175, s. 1; SOR/91-124, s. 1; SOR/91-527, s. 1; SOR/93-276, s. 1; SOR/95-474, s. 1; SOR/98-580, s. 1(F); SOR/2000-353, s. 3; SOR/2003-11, s. 1; err.(E), Vol. 137, No. 5; SOR/2005-98, s. 1; SOR/2008-181, s. 1; SOR/2008-182, s. 1; SOR/2010-94, s. 1. Previous Version B.01.001.1 (1) In this section, “fat” means all fatty acids expressed as triglycerides.

(2) The reference standard for a nutrient set out in column 1 of the table to this section is the amount set out in column 2.

TABLE

REFERENCE STANDARDS

Column 1 Column 2 Item Nutrient Amount 1. Fat 65 g 2. The sum of saturated fatty acids and trans fatty acids 20 g 3. Cholesterol 300 mg 4. Carbohydrate 300 g 5. Fibre 25 g 6. Sodium 2400 mg 7. Potassium 3500 mg

SOR/2003-11, s. 2.

B.01.002. Each provision in this Part in which the symbol [S] appears between the provision number and the name of the food described in that provision prescribes the standard of composition, strength, potency, purity, quality or other property of that food and a provision in which the symbol does not appear does not prescribe a standard for a food.

SOR/79-752, s. 1.

B.01.002A. (1) For the purposes of this Part, a serving of stated size of a food shall be

(a) based on the food as offered for sale; and

(b) expressed

(i) in grams, if

(A) the net quantity of the food is declared on the label by weight or by count, or

(B) the food is set out in column 1 of item 78, 149 or 150 of Schedule M, and

(ii) in millilitres, if the net quantity of the food is declared on the label by volume, except in the case of a food referred to in clause (i)(B).

(2) A serving of stated size shall be the net quantity of the food in the package if

(a) the quantity of food can reasonably be consumed by one person at a single eating occasion;

(b) the reference amount of the food is less than 100 g or 100 mL and the package contains less than 200% of that reference amount; or

(c) the reference amount of the food is 100 g or 100 mL or more and the package contains 150% or less of that reference amount.

SOR/88-559, s. 2; SOR/2003-11, s. 3.

B.01.003. (1) The following foods shall carry a label when offered for sale:

(a) all prepackaged products other than

(i) prepackaged confections, commonly known as one bite confections, that are sold individually, and

(ii) prepackaged products consisting of fresh fruits or fresh vegetables that are packaged in a wrapper or confining band of less than 1/2 inch in width;

(b) meat and meat by-products that are barbecued, roasted or broiled on the retail premises;

(d) horse-meat or horse-meat by-product;

(e) any substance or mixture of substances for use as a food additive or food additive preparation; and

(f) flour and whole wheat flour that has been treated with gamma radiation from Cobalt 60 Source.

(2) [Repealed, SOR/79-23, s. 2]

SOR/79-23, s. 2.

B.01.004. (1) All or part of the label referred to in section B.01.003 shall be applied

(a) in the case of a prepackaged product, to the container in which the prepackaged product is sold; and

(b) in the case of a food that is not a prepackaged product, to the food itself.

(2) The label shall be applied in such a manner that the container of the prepackaged product or the food, as the case may be, will bear the label at the time it is sold.

SOR/84-300, s. 3.

B.01.005. (1) Subject to subsections (2) to (5), the information required to be shown on a label shall not be shown on that part of the label, if any, that is applied to the bottom of a food or container.

(2) The information required to be shown on a label may be shown on that part of the label, if any, that is applied to the bottom of a food or to the bottom of a container if such information is also shown in those parts of the label that are not applied to the bottom of the food or container.

(3) Notwithstanding subsection (2), where the container of a prepackaged product is an ornamental container and the label is applied to the bottom of the container, the information required to be shown may be shown on the label that is applied to the bottom of the container.

(4) Notwithstanding subsection (2), the information required by subparagraph B.01.007(1.1)(b)(i) or paragraph B.24.103(g) or B.25.057(1)(f) or (2)(f) may be shown on that part of the label that is applied to the bottom of the package if a clear indication of the location of the required information appears elsewhere on the label.

(5) Notwithstanding subsection (2), the nutrition facts table may be shown on that part of the label that is applied to the bottom of the food or container if the available display surface includes the bottom.

SOR/79-529, s. 1; SOR/92-626, s. 4; SOR/2003-11, s. 4.

B.01.006. (1) The common name of the food shall be shown on the principal display panel.

(2) Notwithstanding subsection (1), the common name of a fresh fruit or fresh vegetable that is prepackaged in such a manner that the fruit or vegetable is visible and identifiable in the package is not required to be shown on the label.

SOR/79-23, s. 3; SOR/92-626, s. 5.

B.01.007. (1) In this section, “packaging date” means

(a) the date on which a food is placed for the first time in a package in which it will be offered for sale to a consumer; or

(b) the date on which a prepackaged product is weighed by a retailer in a package in which it will be offered for sale for the first time to a consumer.

(1.1) The following information shall be shown on any part of the label:

(a) the identity and principal place of business of the person by or for whom the food was manufactured or produced;

(b) where a prepackaged product having a durable life of 90 days or less is packaged at a place other than the retail premises from which it is to be sold,

(i) the durable life date, and

(ii) instructions for the proper storage of the prepackaged product if it requires storage conditions that differ from normal room temperature; and

(c) where a prepackaged product having a durable life of 90 days or less is packaged on the retail premises from which it is to be sold,

(i) the packaging date, and

(ii) the durable life of the food, except when the durable life appears on a poster next to the food.

(1.2) The packaging date referred to in paragraph (1.1)(c) shall be shown in the form and manner prescribed for the durable life date by subsections (4) and (5) and the terms “best before” and “meilleur avant” on the label shall be replaced by the terms “packaged on” and “empaqueté le”.

(2) Paragraph (1.1)(a) does not apply to fresh fruits or fresh vegetables that are prepackaged on retail premises in such a manner that the fruits or vegetables are visible and identifiable in the package.

(3) Paragraphs (1.1)(b) and (c) do not apply to

(a) prepackaged products consisting of fresh fruits or fresh vegetables;

(b) prepackaged individual portions of food that are served by a restaurant or other commercial enterprise with meals or snacks;

(c) prepackaged individual servings of food that are prepared by a commissary and sold by automatic vending machines or mobile canteens; or

(d) prepackaged donuts.

(4) The durable life date shall be shown in the following manner:

(a) the words “best before” and “meilleur avant” shall be shown grouped together with the durable life date unless a clear explanation of the significance of the durable life date appears elsewhere on the label;

(b) where, for the sake of clarity, it is necessary to show the year in which the durable life date occurs, the year shall be shown first and shall be expressed by at least the last two numbers of the year;

(c) the month shall be shown in words after the year, if the year is shown, and may be abbreviated as prescribed by subsection (5); and

(d) the day of the month shall be shown after the month and shall be expressed in numbers.

(5) The month of the durable life date, when abbreviated, shall be abbreviated as follows and only one such abbreviation shall be used for the English language and the French language:

JA for JANUARY JL for JULY FE for FEBRUARY AU for AUGUST MR for MARCH SE for SEPTEMBER AL for APRIL OC for OCTOBER

MA for MAY NO for NOVEMBER JN for JUNE DE for DECEMBER

(6) Except as otherwise provided in these Regulations, no person shall use a durable life date marking system on the label of a prepackaged product or in advertising a prepackaged product other than the marking system set out in this section.

(7) Paragraph (1.1)(b) does not apply to prepackaged fresh yeast, if

(a) the date on which it is estimated that the product has lost its effectiveness is shown on the label in the form and manner prescribed for the durable life date by subsections (4) and (5); and

(b) the terms “best before” and “meilleur avant” are replaced by the terms “use by” and “employez avant”.

SOR/79-23, s. 4; SOR/79-529, s. 2; SOR/88-291, s. 1; SOR/92-626, s. 6.

B.01.008. (1) The following information shall be shown grouped together on any part of the label:

(a) any information required by these Regulations, other than the information required to appear on the principal display panel or the nutrition facts table and the information required by sections B.01.007, B.01.301, B.01.305, B.01.311, B.01.503, B.01.513 and B.01.601; and

(b) where a prepackaged product consists of more than one ingredient, a list of all ingredients, including, subject to section B.01.009, components, if any.

(2) Paragraph (1)(b) does not apply to

(a) prepackaged products packaged from bulk on retail premises, except prepackaged products that are a mixture of nuts;

(b) prepackaged individual portions of food that are served by a restaurant or other commercial enterprise with meals or snacks;

(c) prepackaged individual servings of food that are prepared by a commissary and sold by automatic vending machines or mobile canteens;

(d) prepackaged meat and meat by-products that are barbecued, roasted or broiled on the retail premises;

(e) prepackaged poultry, poultry meat or poultry meat by-products that are barbecued, roasted or broiled on the retail premises;

(f) Bourbon whisky and prepackaged products subject to compositional standards in Division 2; or

(g) prepackaged products subject to compositional standards in Division 19.

(3) Ingredients shall be shown in descending order of their proportion of the prepackaged product or as a percentage of the prepackaged product and the order or percentage shall be the order or percentage of the ingredients before they are combined to form the prepackaged product.

(4) Notwithstanding subsection (3), the following ingredients may be shown at the end of the list of ingredients in any order:

(a) spices, seasonings and herbs, except salt;

(b) natural and artificial flavours;

(d) food additives, except ingredients of food additive preparations or mixtures of substances for use as a food additive;

(e) vitamins;

(f) salts or derivatives of vitamins;

(g) mineral nutrients; and

(h) salts of mineral nutrients.

(5) Components shall be shown

(a) immediately after the ingredient of which they are components in such a manner as to indicate that they are components of that ingredient; and

(b) in descending order of their proportion of the ingredient.

(6) Notwithstanding paragraph (1)(b) and subsection (5), but subject to section B.01.009, where one or more components of an ingredient are required by these Regulations to be shown in the list of ingredients on the label of a prepackaged product, the ingredient that contains the components is not required to be shown in the list if all components of that ingredient are listed by their common names with the other ingredients of the product

(a) in descending order of their proportion of the product, or

(b) as a percentage of the product,

the order or percentage, as the case may be, being based

(c) in the case of components, on the total amount of each of the components before they are combined to form ingredients in the product; and

(d) in the case of ingredients, on the amount of each of the ingredients before they are combined to form the product.

(7) Notwithstanding paragraph (1)(b), wax coating compounds and their components are not required to be shown on the label of a prepackaged fresh fruit or fresh vegetable as an ingredient or component thereof.

(8) Notwithstanding paragraph (1)(b), sausage casings are not required to be shown on the label of prepackaged sausages as an ingredient or component thereof.

(9) Notwithstanding paragraph (1)(b), hydrogen, when used for hydrogenation purposes, is not required to be shown on the label of any prepackaged product as an ingredient or component thereof.

(10) Notwithstanding paragraph (1)(b), components of ingredients of a sandwich made with bread are not required to be shown in the list of ingredients on the label of the sandwich.

SOR/79-23, s. 5; SOR/88-559, s. 3; SOR/92-626, s. 7; SOR/93-145, s. 1; SOR/2003-11, s. 5.

B.01.009. (1) Components of ingredients or of classes of ingredients set out in the following table are not required to be shown on a label:

TABLE

Item Ingredient 1. butter 2. margarine 3. shortening 4. lard 5. leaf lard 6. monoglycerides 7. diglycerides 8. rice 9. starches or modified starches 10. breads subject to compositional standards in sections B.13.021 to B.13.029 11. flour 12. soy flour 13. graham flour 14. whole wheat flour 15. baking powder 16. milks subject to compositional standards in sections B.08.003 to B.08.027 17. chewing gumbase 18. sweetening agents subject to compositional standards in sections B.18.001 to B.18.018 19. cocoa, low-fat cocoa 20. salt 21. vinegars subject to compositional standards in sections B.19.003 to B.19.007

Bourbon whisky and alcoholic beverages subject to compositional standards in22. sections B.02.001 to B.02.134 cheese for which a standard is prescribed in Division 8, if the total amount of cheese in a23. prepackaged product is less than 10 per cent of that packaged product jams, marmalades and jellies subject to compositional standards in sections B.11.201 to

24. B.11.241 when the total amount of those ingredients is less than 5 per cent of a prepackaged product olives, pickles, relish and horse-radish when the total amount of those ingredients is less25. than 10 per cent of a prepackaged product one or more vegetable or animal fats or oils for which a standard is prescribed in Division 9, and hydrogenated, modified or interesterified vegetable or animal fats or oils,26. if the total of those fats and oils as are contained in a prepackaged product is less than 15 per cent of that prepackaged product

27. prepared or preserved meat, fish, poultry meat, meat by-product or poultry by-product

Item Ingredient when the total amount of those ingredients is less than 10 per cent of a prepackaged product that consists of an unstandardized food alimentary paste that does not contain egg in any form or any flour other than wheat28. flour

29. bacterial culture 30. hydrolysed plant protein 31. carbonated water 32. whey, whey powder, concentrated whey, whey butter and whey butter oil 33. mould culture 34. chlorinated water and fluorinated water 35. gelatin 36. toasted wheat crumbs used in or as a binder, filler or breading in or on a food product

(2) Subject to subsection (3), where a preparation or mixture set out in the table to this subsection is added to a food, the ingredients and components of the preparation or mixture are not required to be shown on the label of that food.

TABLE

Item Preparation/Mixture 1. food colour preparations 2. flavouring preparations 3. artificial flavouring preparations 4. spice mixtures 5. seasoning or herb mixtures 6. vitamin preparations 7. mineral preparations 8. food additive preparations 9. rennet preparations 10. food flavour-enhancer preparations 11. compressed, dry, active or instant yeast preparations

(3) Where a preparation or mixture set out in the table to subsection (2) is added to a food, and the preparation or mixture contains one or more of the following ingredients or components, those ingredients or components shall be shown by their common names in the list of the ingredients of the food to which they are added as if they were ingredients of that food:

(a) salt;

(b) glutamic acid or its salts;

(d) aspartame;

(e) potassium chloride; and

(f) any ingredient or component that performs a function in, or has any effect on, that food.

(4) Notwithstanding subsections (1) and (2), where any of the following components is contained in an ingredient set out in the tables to those subsections, that component shall be shown in the list of ingredients:

(a) peanut oil;

(b) hydrogenated or partially hydrogenated peanut oil; and

(5) Notwithstanding subsection B.01.008(10) and item 23 of the table to subsection (1), if lysozyme from egg-white is added to a food described in section B.08.033 or B.08.034, the label of the food shall show “lysozyme from egg-white" in the list of ingredients in the same manner that is required in subsection B.01.008(4) or (5), as applicable.

SOR/78-728, s. 1; SOR/79-23, s. 6; SOR/79-662, s. 1; SOR/88-559, s. 4; SOR/92-626, s. 8; SOR/93-145, s. 2; SOR/93-465, s. 1; SOR/95-548, s. 5(F); SOR/97-263, s. 1; SOR/2000-417, s. 1; SOR/2010-143, s. 39(E). Previous Version B.01.010. (1) In this section, “common name” includes a name set out in Column II of the tables to subsection (3).

(2) An ingredient or component shall be shown in the list of ingredients by its common name.

(3) For the purposes of subsection (2),

(a) the ingredient or component set out in Column I of an item of the following table shall be shown in the list of ingredients by the common name set out in Column II of that item:

TABLE

Column I Column II Item Ingredient or Component Common Name

the name of the meat from which theany oil, fat or tallow described in section1. oil, fat or tallow is obtained plus oil, fatB.09.002 of Division 9, except lard, leaf or suet or tallow shortening or margarine containing fats or oils, shortening or margarine modified by except shortening or margarine containing vegetable oil or marine oil or by the2. coconut oil, palm oil, palm kernel oil, peanut common name of the vegetable, animal oil or cocoa butter or marine oil or fat used shortening or margarine containing coconut oil, shortening or margarine modified by the

3. palm oil, palm kernel oil, peanut oil or cocoa common name of the vegetable oil or fat butter used

4. meat the name of the meat 5. poultry meat the name of the poultry 6. fish the name of the fish

the name of the plant plus protein7. plant protein product product 8. hydrolyzed plant protein produced by the hydrolyzed plus the name of the plant

Column I Item Ingredient or Component

enzymatic process

9. any protein isolate

any meat by-product described in section10. B.14.003, other than gelatin

any poultry meat by-product described in11. section B.22.003

any oil or fat referred to in section B.09.002 that has been hydrogenated or partially12. hydrogenated, including tallow, but not including lard any oil or fat referred to in section B.09.002 of Division 9, including tallow, that has been13. modified by the complete or partial removal of a fatty acid one or more vegetable fats or oils, except coconut oil, palm oil, palm kernel oil, peanut14. oil or cocoa butter, that have been hydrogenated or partially hydrogenated coconut oil, palm oil, palm kernel oil, peanut

15. oil or cocoa butter that has been hydrogenated or partially hydrogenated

one or more marine fats or oils that have been16. hydrogenated or partially hydrogenated

one or more vegetable fats or oils, except coconut oil, palm oil, palm kernel oil, peanut17. oil or cocoa butter, that have been modified by the complete or partial removal of a fatty acid coconut oil, palm oil, palm kernel oil, peanut

18. oil or cocoa butter that has been modified by the complete or partial removal of a fatty acid one or more marine fats or oils that have been

19. modified by the complete or partial removal of a fatty acid

Column II Common Name plus protein the name of the source of the protein plus protein or the common name of the protein isolate the name of the meat plus by-product or the name of the meat plus the name of the meat by-product the name of the poultry plus by-product or the name of the poultry plus the name of the poultry meat by-product

“hydrogenated” plus the name of the meat from which the oil, fat or tallow is obtained, plus oil, fat or tallow

modified plus the name of the meat from which the oil, fat or tallow is obtained, plus oil, fat or tallow

hydrogenated vegetable oil or hydrogenated vegetable fat or hydrogenated plus the specific name of the oil or fat

hydrogenated plus the specific name of the oil or fat

hydrogenated marine oil or hydrogenated marine fat or hydrogenated plus the specific name of the oil or fat

modified vegetable oil or modified vegetable fat or modified plus the specific name of the oil or fat

modified plus the specific name of the oil or fat

modified marine oil or modified plus the specific name of the oil or fat

(b) except when one of the ingredients or components set out in column I of the table to this paragraph is shown separately in the list of ingredients by its common name, all of the ingredients or components present in a food set out in column I of an item of that table may be shown collectively in the list of ingredients by the common name set out in column II of that item:

TABLE

Column I Column II Item Ingredient or Component Common Name

one or more vegetable fats or oils, except coconut oil, palm oil,1. palm kernel oil, peanut oil or cocoa butter 2. one or more marine fats or oils

one or more of the colours listed in Table III of Division 16, 3. except annatto where used in accordance with paragraph

B.14.031(i) or subparagraph B.14.032(d)(xvi) one or more substances prepared for their flavouring properties and produced from animal or vegetable raw materials or from4. food constituents derived solely from animal or vegetable raw materials one or more substances prepared for their flavouring properties

5. and derived in whole or in part from components obtained by chemical synthesis

6. one or more spices, seasonings or herbs except salt

any of the following in liquid, concentrated, dry, frozen or reconstituted form, namely, butter, buttermilk, butter oil, milk fat, cream, milk, partly skimmed milk, skim milk and any other7. component of milk the chemical composition of which has not been altered and that exists in the food in the same chemical state in which it is found in milk any of the following in liquid, concentrated, dry, frozen or reconstituted form, namely, calcium-reduced skim milk (obtained by the ion-exchange process), casein, caseinates, cultured milk

7.1 products, milk serum proteins, ultrafiltered milk, whey, whey butter, whey cream and any other component of milk the chemical state of which has been altered from that in which it is found in milk one or more ingredients or components set out in item 7 combined

7.2 with any one or more ingredients or components set out in item 7.1 any combination of disodium phosphate, monosodium phosphate,

8. sodium hexametaphosphate, sodium tripolyphosphate, tetrasodium pyrophosphate and sodium acid pyrophosphate

9. one or more species of bacteria

10. one or more species of mould

11. preparation containing rennin milk coagulating enzymes from Aspergillus oryzae RET-1 (pBoel777), Endothia parasitica, Rhizomucor miehei (Cooney and12. Emerson) (previous name: Mucor miehei (Cooney and Emerson))or Mucor pusillus Lindt

13. one or more substances the function of which is to impart flavour

vegetable oil or vegetable fat marine oil

colour

flavour

artificial flavour, imitation flavour or simulated flavour spices, seasonings or herbs

milk ingredients

modified milk ingredients

sodium phosphate or sodium phosphates

bacterial culture mold culture or mould culture rennet

microbial enzyme

the name of the plant

Column I Column II Item Ingredient or Component Common Name

and that are obtained solely from the plant or animal source after or animal source plus which the flavour is named the word “flavour” toasted wheat crumbs made by cooking a dough prepared with flour and water, which may be unleavened or chemically or yeast14. toasted wheat crumbsleavened, and which otherwise complies with the standard prescribed by section B.13.021 or B.13.022 that portion of chewing gum, other than the coating, that does not15. gum baseimpart sweetness, flavour or colour sugar, liquid sugar, invert sugar or liquid invert sugar, singly or in16. sugarcombination glucose syrups and isomerized glucose syrups, singly or in

17. combination, where the fructose fraction does not exceed 60 per glucose-fructose cent of the sweetener on a dry basis glucose syrups and isomerized glucose syrups, singly or in

18. combination, where the fructose fraction exceeds 60 per cent of fructose syrup the sweetener on a dry basis

sugar/glucose19. sugar or glucose-fructose, singly or in combination fructose 20. water to which carbon dioxide is added carbonated water

one or more of the following food additives, namely, potassium bisulphite, potassium metabisulphite, sodium bisulphite, sodium sulphiting agents or21. metabisulphite, sodium sulphite, sodium dithionite, sulphurous sulphites acid and sulphur dioxide demineralized water or water otherwise treated to remove22. waterhardness or impurities, or fluoridated or chlorinated water wine vinegar, spirit vinegar, alcohol vinegar, white vinegar, grain

23. vinegar, malt vinegar, cider vinegar or apple vinegar, singly or in vinegar combination

(4) Notwithstanding subsection (2) and subsection B.01.008(5), where a food contains ingredients of the same class, those ingredients may be shown by a class name if

(a) they consist of more than one component and are not listed in the table to subsection B.01.009(1); and

(b) their components are shown

(i) immediately after the class name of the ingredients of which they are components, in such a manner as to indicate that they are components of the ingredients, and

(ii) in descending order of their collective proportion of those ingredients.

SOR/79-23, ss. 7, 8(F); SOR/79-529, s. 3; SOR/80-632, s. 1; SOR/84-300, ss. 4(E), 5(F); SOR/91-124, s. 2; SOR/92-626, s. 9; SOR/92-725, s. 1; SOR/93-243, s. 2(F); SOR/93-465, s. 2; SOR/95-548, s. 5(F); SOR/97-516, s. 1; SOR/98-458, ss. 1, 7(F); SOR/2005-98, s. 7; SOR/2007-302, s. 4(F). Previous Version

B.01.011. (1) Where it is an acceptable manufacturing practice for a manufacturer to

(a) omit from his prepackaged product any food that is ordinarily an ingredient or component, or

(b) substitute in whole or in part in his prepackaged product any other food for a food that is ordinarily an ingredient or component,

the list of ingredients for the 12-month period commencing from the time the label is applied to the prepackaged product may show as ingredients or components the foods that may be omitted and the foods that may be used as substitutes if

(c) all the foods that may be used as ingredients or components throughout the 12-month period are shown in the list of ingredients;

(d) it is clearly stated as part of the list of ingredients that the food shown as an ingredient or component may not be present or that another food may be substituted for a food shown as an ingredient or component; and

(e) the foods that may be omitted or substituted are grouped with the same class of foods that are used as ingredients or components and the foods within each such group are listed in descending order of the proportion in which they will probably be used during the 12-month period.

(2) Where it is an acceptable manufacturing practice for a manufacturer to vary the proportions of ingredients or components of his prepackaged product, the list of ingredients for the 12-month period commencing from the time the label is applied to the prepackaged product may show the ingredients or components in the same proportions throughout the 12 month period if

(a) it is clearly stated as part of the list of ingredients that the proportions indicated are subject to change; and

(b) the ingredients or components are listed in descending order of the proportion in which they will probably be used during the 12-month period.

B.01.012. (1) In this section,

“local government unit” means a city, metropolitan government area, town, village, municipality or other area of local government but does not include any local government unit situated within a bilingual district established under the Official Languages Act; (collectivité locale)

“local food” means a food that is manufactured, processed, produced or packaged in a local government unit and sold only in

(a) the local government unit in which it is manufactured, processed or packaged,

(b) one or more local government units that are immediately adjacent to the one in which it is manufactured, processed, produced or packaged, or

(c) the local government unit in which it is manufactured, processed, produced or packaged and in one or more local government units that are immediately adjacent to the one in which it is manufactured, processed, produced or packaged; (produit alimentaire locan( �/p>

“mother tongue” means the language first learned in childhood by persons in any area of Canada and still understood by them as ascertained by the decennial census taken immediately preceding the date on which the food referred to in subsection (3) is sold to the consumer; (langue maternelle)

“official languages” means the English language and the French language; (langues officielles)

“specialty food” means a food that

(a) has special religious significance and is used in religious ceremonies; or

(b) is an imported food

(i) that is not widely used by the population as a whole in Canada, and

(ii) for which there is no readily available substitute that is manufactured, processed, produced or packaged in Canada and that is generally accepted as being a comparable substitute; (aliment spécial)

“test market food” means a food that, prior to the date of the notice of intention respecting that food referred to in subsection (5), was not sold in Canada in that form and that differs substantially from any other food sold in Canada with respect to its composition, function, state or packaging form and includes a food referred to in section B.01.054. (produit alimentaire d’essai)

(2) Subject to subsections (9), (10) and (11), all information required by these Regulations to be shown on the label of a food shall be shown in both official languages.

(3) Subject to subsections (4) to (6), subsection (2) does not apply to a local food or test market food if

(a) it is sold in a local government unit in which one of the official languages is the mother tongue of less than 10 per cent of the total number of persons residing in the local government unit; and

(b) the information required by these Regulations to be shown on the label of a food is shown in the official language that is the mother tongue of at least 10 per cent of the total number of persons residing in the local government unit.

(4) Where one of the official languages is the mother tongue of less than 10 per cent of the total number of persons residing in a local government unit and the other official language is the mother tongue of less than 10 per cent of the total number of persons residing in the same local government unit, subsection (3) does not apply.

(5) Subsection (3) does not apply to a test market food unless the person who intends to conduct the test marketing of the food has, six weeks prior to conducting the test marketing, filed with the President of the Canadian Food Inspection Agency a notice of intention in a form acceptable to the President.

(6) A test market food shall, for the purposes of subsection (3), cease to be a test market food upon the expiration of 12 cumulative months after the date on which it was first offered for sale as a test market food but any test market food that was acquired for resale by a person, other than the person who filed the notice of intention referred to in subsection (5), before the

expiration of those 12 cumulative months, shall continue to be a test market food for the purposes of subsection (3) until it is sold.

(7) Subsection (2) does not apply to a specialty food if the information required by these Regulations to be shown on the label thereon is shown in one of the official languages.

(8) Where there are one or more surfaces on the label of a food that are of at least the same size and prominence as the principal display panel, the information required by these Regulations to be shown on the principal display panel may be shown in one official language if such information is shown in the other official language on one of those other surfaces.

(9) Subsection (2) does not apply to the identity and principal place of business of the person by or for whom the food was manufactured, processed, produced or packaged for resale if this information is shown in one of the official languages.

(10) Subsection (2) does not apply to the following common names if the common name appears on the principal display panel in the following manner:

Scotch Whisky Akvavit Irish Whisky Aquavit Highland Whisky Armagnac Dry Gin Marc Bourbon Grappa Tennessee Whisky Calvados Tequila Poire William Mezcal Crème de Bleuets Rye Whisky Curaçao Orange Crème de Menthe Liqueur de Fraise Crème de Cacao Mandarinette Crème de Cassis Prunelle de Bourgogne Crème de Banane Chartreuse Triple Sec Pastis Anisette Fior d’Alpe Crème de Noyau Strega Brandy Campari Sake or Saki Americano Advocaat or Advokaat Apricot Brandy Liqueur Kirsch Peach Brandy Liqueur Slivovitz Sloe Gin Ouzo Manhattan Cherry Brandy Liqueur Martini Kummel

(11) Subsection (2) does not apply to the label of a shipping container destined to a commercial or industrial enterprise or institution, if

(a) the shipping container and its contents are not resold as a one unit prepackaged product to a consumer at the retail level; and

(b) all information required by these Regulations to be shown on a label of a food is shown in one of the official languages.

SOR/79-23, s. 9; SOR/79-529, s. 4; SOR/84-300, s. 6; SOR/93-603, s. 1; SOR/95-548, s. 5; SOR/2000-184, s. 62.

B.01.013. (1) Unless specifically required by the Act or these Regulations, no reference, direct or indirect, to the Act or to these Regulations shall be made on any label of, or in any advertisement for, a food.

(2) Notwithstanding subsection (1), where a food complies with a standard established by these Regulations and the manufacturer of the food has substantiated, by means of the results of tests carried out before the statement is made or by other evidence that exists before the statement is made, that the food so complies, a statement that the food “complies with the standard for (naming the common name of the food in respect of which the claim is made) in the Food and Drug Regulations” may be made on the label of, or in an advertisement for, the food.

SOR/92-626, s. 10; SOR/95-548, s. 5(F).

B.01.014. The label of a food, other than a sweetener, that contains aspartame shall carry the following information:

(a) subject to paragraph (b), a statement on the principal display panel to the effect that the food contains aspartame or is sweetened with aspartame, in letters of at least the same size and prominence as the letters used in the numerical portion of the declaration of net quantity as required under section 14 of the Consumer Packaging and Labelling Regulations;

(b) in the case where other sweeteners are used in conjunction with aspartame, a statement on the principal display panel to the effect that the food

(i) contains aspartame and (naming the other sweeteners), or

(ii) is sweetened with aspartame and (naming the other sweeteners),

in letters of at least the same size and prominence as the letters used in the numerical portion of the declaration of net quantity as required under section 14 of the Consumer Packaging and Labelling Regulations;

(d) a statement setting out the aspartame content expressed in milligrams per serving of stated size.

SOR/81-617, s. 2; SOR/88-559, s. 5; SOR/2003-11, s. 6.

B.01.015. (1) The label of a food that is a sweetener that contains aspartame shall carry the following information:

(a) a statement on the principal display panel to the effect that the food contains aspartame or is sweetened with aspartame, in letters of at least the same size and prominence as the letters used in the numerical portion of the declaration of net quantity as required under section 14 of the Consumer Packaging and Labelling Regulations;

(b) a statement on any part of the label to the effect that aspartame contains phenylalanine;

(c) a statement on any part of the label of the sweetness per serving expressed in terms of the amount of sugar required to produce an equivalent degree of sweetness; and

(d) a statement setting out the aspartame content expressed in milligrams per serving of stated size.

(2) [Repealed, SOR/2007-176, s. 1]

SOR/81-617, s. 2; SOR/88-559, s. 6; SOR/2003-11, s. 7; SOR/2007-176, s. 1. Previous Version B.01.016. The label of a food, other than a table-top sweetener, that contains sucralose shall carry the following information:

(a) subject to paragraph (b), a statement on the principal display panel to the effect that the food contains sucralose or is sweetened with sucralose, in letters of at least the same size and prominence as the letters used for showing the numerical quantity in the declaration of net quantity as required under section 14 of the Consumer Packaging and Labelling Regulations;

(b) where sucralose is used in conjunction with another sweetener or a sweetening agent or both, the names thereof shown in a statement on the principal display panel to the effect that the food contains, or is sweetened with, sucralose and the other sweetener or the sweetening agent or both, as the case may be, in letters as described in paragraph (a); and

SOR/91-527, s. 2; SOR/94-625, s. 1; SOR/2003-11, s. 8.

B.01.017. (1) The label of a food that is a table-top sweetener that contains sucralose shall carry the following information:

(a) a statement on the principal display panel to the effect that the food contains sucralose or is sweetened with sucralose, in letters of at least the same size and prominence as the letters used for showing the numerical quantity in the declaration of net quantity as required under section 14 of the Consumer Packaging and Labelling Regulations;

(b) a statement on any part of the label setting out the sweetness per serving expressed in terms of the amount of sugar required to produce an equivalent degree of sweetness; and

(2) [Repealed, SOR/2007-176, s. 2]

SOR/91-527, s. 2; SOR/94-625, s. 2; SOR/2003-11, s. 9; SOR/2007-176, s. 2. Previous Version B.01.018. The label of a food that contains polydextrose shall indicate the amount of polydextrose expressed in grams per serving of stated size.

SOR/93-276, s. 2; SOR/94-779, s. 1; SOR/97-512, s. 1; SOR/2003-11, s. 10.

B.01.019. The label of a food, other than a table-top sweetener, that contains acesulfame potassium shall carry the following information:

(a) subject to paragraph (b), a statement on the principal display panel to the effect that the food contains acesulfame-potassium or is sweetened with acesulfame-potassium, in letters of at least the same size and prominence as the characters used for showing the numerical quantity in the declaration of net quantity as required under section 14 of the Consumer Packaging and Labelling Regulations;

(b) where acesulfame-potassium is used in conjunction with another sweetener or a sweetening agent or both, the names thereof shown in a statement on the principal display panel to the effect that the food contains, or is sweetened with, acesulfame-potassium and the other sweetener or the sweetening agent or both, as the case may be, in letters as described in paragraph (a); and

SOR/94-625, s. 3; SOR/2003-11, s. 11.

B.01.020. (1) The label of a food that is a table-top sweetener that contains acesulfame potassium shall carry the following information:

(a) a statement, on the principal display panel, to the effect that the food contains acesulfame potassium or is sweetened with acesulfame-potassium, in letters of at least the same size and prominence as the characters used for showing the numerical quantity in the declaration of net quantity as required under section 14 of the Consumer Packaging and Labelling Regulations;

(b) a statement, on any part of the label, setting out the sweetness per serving, expressed in terms of the amount of sugar required to produce an equivalent degree of sweetness; and

(2) [Repealed, SOR/2007-176, s. 3]

SOR/94-625, s. 3; SOR/2003-11, s. 12; SOR/2007-176, s. 3. Previous Version B.01.021. (1) The label of a food that contains erythritol shall carry a statement indicating the amount of erythritol expressed in grams per serving of stated size unless the label carries a nutrition facts table.

(2) The statement of the amount of erythritol shall be grouped together with the statement of the amount of any other sugar alcohols and the amount of polydextrose.

SOR/2004-261, s. 1.

B.01.022. The label of a food, other than a table-top sweetener, that contains neotame shall carry the following information:

(a) subject to paragraph (b), a statement on the principal display panel to the effect that the food contains neotame or is sweetened with neotame, in letters of at least the same size and

prominence as the letters used for showing the numerical quantity in the declaration of net quantity as required under section 14 of the Consumer Packaging and Labelling Regulations;

(b) in the case where other sweeteners or sweetening agents are used in conjunction with neotame, a statement on the principal display panel, in letters of at least the same size and prominence as the letters used for showing the numerical quantity in the declaration of net quantity as required under section 14 of the Consumer Packaging and Labelling Regulations, to the effect that the food

(i) contains neotame and (naming the other sweeteners and the sweetening agents), or

(ii) is sweetened with neotame and (naming the other sweeteners and the sweetening agents);

(c) if the label of the food carries a nutrition facts table, a statement setting out the neotame content expressed in milligrams per serving of stated size; and

(d) if the label of the food does not carry a nutrition facts table, a statement setting out the following energy value and contents of the food, per serving of stated size, grouped together and given equal prominence on any part of the label:

(i) the energy value, expressed in Calories (Calories or Cal) and kilojoules (kilojoules or kJ),

(ii) the protein, fat and carbohydrate content, expressed in grams, and

(iii) the neotame content, expressed in milligrams.

SOR/2007-176, s. 4.

B.01.023. The label of a food that is a table-top sweetener that contains neotame shall carry the following information:

(a) a statement on the principal display panel to the effect that the food contains neotame or is sweetened with neotame, in letters of at least the same size and prominence as the letters used for showing the numerical quantity in the declaration of net quantity as required under section 14 of the Consumer Packaging and Labelling Regulations;

(b) a statement on any part of the label of the sweetness per serving expressed in terms of the amount of sugar required to produce an equivalent degree of sweetness;

(c) if the label of the food carries a nutrition facts table, a statement setting out the neotame content expressed in milligrams per serving of stated size; and

(i) the energy value, expressed in Calories (Calories or Cal) and kilojoules (kilojoules or kJ),

(ii) the protein, fat and carbohydrate content, expressed in grams, and

(iii) the neotame content, expressed in milligrams.

SOR/2007-176, s. 4.

B.01.033. (1) Except in the case of infant formula or a formulated liquid diet, no person shall sell a food represented in any manner as containing hydrolyzed or partially hydrolyzed collagen, hydrolyzed or partially hydrolyzed gelatin or hydrolyzed or partially hydrolyzed casein unless the label carries the following statement on the principal display panel in the same size type used for the common name:

“CAUTION, DO NOT USE AS SOLE SOURCE OF NUTRITION”.

(2) In this section, “formulated liquid diet” means a food that meets the requirements of sections B.24.101 to B.24.103.

SOR/78-65, s. 1.

B.01.034. [Repealed, SOR/88-559, s. 7]

B.01.035. (1) Subject to subsection (8), where an irradiated food referred to in Column I of the table to Division 26 is offered for sale as a prepackaged product, the principal display panel of the label applied to the package shall carry the symbol described in subsection (5).

(2) Where an irradiated food referred to in Column I of the table to Division 26 is not a prepackaged product and is offered for sale, a sign that carries the symbol described in subsection (5) shall be displayed immediately next to the food.

(3) The symbol required pursuant to subsection (1) or (2) shall appear in close proximity on the principal display panel referred to in subsection (1) or on the sign referred to in subsection (2) to one of the following statements or a written statement that has the same meaning:

(a) “treated with radiation”;

(b) “treated by irradiation”; or

(4) No person shall sell a food referred to in Column I of the table to Division 26 that has been irradiated in the manner set out in subsection B.26.003(2) unless the requirements of subsections (1) to (3) are met.

(5) For the purposes of subsections (1) to (3), the symbol that indicates the irradiated food shall

(a) have an outer diameter

(i) in the case referred to in subsection (1), equal to or greater than the height of the numerical quantity prescribed by section 14 of the Consumer Packaging and Labelling Regulations for the declaration of net quantity of the package, and

(ii) in the case referred to in subsection (2), not less than 5 cm; and

(b) be in the following form:

GRAPHIC IS NOT DISPLAYED, SEE SOR/89-172, S. 1

(6) Notwithstanding subsection B.01.009(1), any food referred to in Column I of the table to Division 26 that is an ingredient or component of a prepackaged product and that has been

irradiated shall, if the food constitutes 10 per cent or more of the prepackaged product, be included in the list of ingredients and preceded by the statement “irradiated”.

(7) The label attached to a shipping container containing any food referred to in Column I of the table to Division 26 that has been subjected to the maximum permitted absorbed dose set out in Column IV of that table shall carry the statement required by subsection (3) and the statement “Do not irradiate again”.

(8) Where a shipping container constitutes the package of the prepackaged product, the label attached to the shipping container shall carry the statement required by subsection (7) but need not carry the symbol required by subsection (5).

(9) Any advertising of an irradiated food referred to in Column I of the table to Division 26 shall identify the food as having been irradiated.

(10) The statements referred to in subsections (3) and (6) to (8) shall be in both official languages in accordance with subsection B.01.012(2).

SOR/89-172, s. 1.

B.01.037. [Repealed, SOR/88-559, s. 8]

B.01.040. [Repealed, SOR/88-559, s. 9]

B.01.042. Where a standard for a food is prescribed in this Part,

(a) the food shall contain only the ingredients included in the standard for the food;

(b) each ingredient shall be incorporated in the food in a quantity within any limits prescribed for that ingredient; and

(c) if the standard includes an ingredient to be used as a food additive for a specified purpose, that ingredient shall be a food additive set out in one of the tables to section B.16.100 for use as an additive to that food for that purpose.

B.01.043. Subject to section B.25.062, where a standard for a food is not prescribed in this Part,

(a) the food shall not contain any food additives except food additives set out in a table to section B.16.100 for use as additives to that food for the purpose set out in that table; and

(b) each such food additive shall be incorporated in the food in a quantity within any limits prescribed for that food and food additive in that table.

SOR/87-640, s. 1.

B.01.044. Where the limit prescribed for a food additive in a table to section B.16.100 is stated to be “Good Manufacturing Practice”, the amount of the food additive added to a food in manufacturing and processing shall not exceed the amount required to accomplish the purpose for which that additive is permitted to be added to that food.

B.01.045. A food additive shall,

(a) where specifications are set out in this Part for that additive, meet those specifications;

(b) where no specifications are set out in this Part for that additive but specifications are set out for it in the Food Chemicals Codex, Fourth Edition, 1996, published by the National Academy of Sciences, Washington, D.C., United States, as amended from time to time, meet those specifications;

(c) in the case of lactitol and maltitol, meet the specifications established by the Joint FAO/WHO Expert Committee on Food Additives as set out in the Specifications for identity and purity of certain food additives — FAO Food and Nutrition Paper 38, published in 1988 by the Food and Agriculture Organization of the United Nations, Rome;

(d) [Repealed, SOR/2010-142, s. 1]

(e) [Repealed, SOR/97-512, s. 2]

(f) in the case of isomalt, meet the specifications established by the Joint FAO/WHO Expert Committee on Food Additives as set out in the Compendium of food additive specifications, Addendum 4 — FAO Food and Nutrition Paper 52, published in 1996 by the Food and Agriculture Organization of the United Nations, Rome.

(g) [Repealed, SOR/97-512, s. 2]

SOR/82-383, s. 1; SOR/91-527, s. 3; SOR/92-93, s. 1; SOR/92-551, s. 1; SOR/93-276, s. 3; SOR/94-625, s. 4; SOR/94-779, s. 2; SOR/95-172, s. 2; SOR/97-512, s. 2; SOR/2010-142, s. 1. Previous Version B.01.046. (1) A food is adulterated if any of the following substances or classes of substances are present therein or have been added thereto:

(a) mineral oil, paraffin wax or petrolatum or any preparation thereof;

(b) coumarin, an extract of tonka beans, the seed of Dipteryx odorata Willd. or Dipteryx oppositifolia Willd.;

(d) cottonseed flour that contains more than 450 parts per million of free gossypol;

(e) fatty acids and their salts containing chick-edema factor or other toxic factors;

(f) dihydrosafrole;

(g) isosafrole;

(h) oil of American sassafras from Sassafras albidum (Nutt). Nees;

(i) oil of Brazilian sassafras from Ocotea cymbarum H.B.K.;

(j) oil of camphor sassafrassy from Cinnamomum camphorum Sieb.;

(k) oil of micranthum from Cinnamomum micranthum Hayata;

(l) safrole;

(m) oil, extract or root of calamus from Acorus calamus L.;

(n) nut and nut products that contain more than 15 parts per billion of aflatoxin;

(o) ethylene thiourea;

(p) chlorinated dibenzo-p-dioxins; or

(q) cinnamyl anthranilate.

(2) For the purpose of paragraph (1)(n), the aflatoxin content of a nut or nut product shall be calculated on the basis of the nut meat portion.

SOR/79-358, s. 1; SOR/80-501, s. 1; SOR/82-1071, s. 1; SOR/83-857, s. 1; SOR/84-300, s. 7; SOR/88-534, s. 1.

B.01.047. Notwithstanding section B.01.046

(a) a food, other than sausage casing, is not adulterated by reason only that it contains 0.3 per cent or less mineral oil, if good manufacturing practice requires the use of mineral oil;

(b) chewing gum is not adulterated by reason only that it contains a paraffin wax base;

(c) fresh fruits and vegetables, except turnips, are not adulterated by reason only that they are coated with not more than 0.3 per cent paraffin wax and petrolatum, if good manufacturing practices require the use of such coating;

(d) turnips and cheese are not adulterated by reason only that they are coated with paraffin wax in accordance with good manufacturing practice;

(e) sausage casing is not adulterated by reason only that it contains five per cent or less mineral oil by weight, if good manufacturing practice requires the use of mineral oil;

(f) fish is not adulterated by reason only that it contains 20 parts per trillion or less of 2,3,7,8 tetrachlorodibenzoparadioxin;

(g) bakery products and confectionery are not adulterated by reason only that they contain 0.15 per cent or less petrolatum, if good manufacturing practice requires the use of petrolatum;

(h) a salt substitute is not adulterated by reason only that it contains 0.6 per cent or less mineral oil, if good manufacturing practice requires the use of mineral oil; and

(i) fruits, vegetables and cereals are not adulterated by reason only that they contain 0.05 parts per million or less of ethylene thiourea.

SOR/81-934, s. 1; SOR/82-122, s. 1; SOR/82-1071, s. 2; SOR/83-932, s. 1; SOR/84-17, s. 1; SOR/92-76, s. 1.

B.01.047.1 (1) The following definitions apply in this section.

“BSE” means Bovine Spongiform Encephalopathy. (ESB)

“specified risk material” means

(a) the skull, brain, trigeminal ganglia, eyes, tonsils, spinal cord and dorsal root ganglia of cattle aged 30 months or older; and

(b) the distal ileum of cattle of all ages. (matériel à risque spécifié)

(2) No person shall sell or import for sale food that contains specified risk material.

(3) Subsection (2) does not apply in respect of food that originates from a country that is designated as being free from BSE in accordance with section 7 of the Health of Animals Regulations.

(4) Subsection (2) does not apply in respect of food that is packaged for sale or imported for sale before the day on which this subsection comes into force.

SOR/2003-265, s. 1.

B.01.048. (1) No person shall sell

(a) any animal intended for consumption as food if any product containing any drug listed in subsection (2) has been administered to the animal;

(b) any meat, meat by-products, eggs or milk intended for consumption as food and derived from an animal if any product containing any drug listed in subsection (2) has been administered to that animal; or

(2) The drugs referred to in subsection (1) are

(a) chloramphenicol and its salts and derivatives;

(b) a 5-nitrofuran compound;

(d) a 5-nitroimidazole compound; and

(e) diethylstilbestrol and other stilbene compounds.

SOR/85-685, s. 1; SOR/87-626, s. 1; SOR/94-568, s. 1; SOR/97-510, s. 1; SOR/2003-292, s. 1.

B.01.049. No person shall use, in labelling, packaging, advertising or selling a food that does not meet the requirements of the kashruth applicable to it, the word “kosher” or any letters of the Hebrew alphabet or any other word, expression, depiction, sign, symbol, mark, device or other representation that indicates or that is likely to create an impression that the food is kosher.

SOR/84-300, s. 8.

B.01.053. No person shall sell a product represented as a ready breakfast or instant breakfast or by any similar designation unless each serving of stated size of the product contains

(a) not less than 4.0 mg. iron;

(b) Vitamin A, thiamine, riboflavin, niacin or niacinamide and Vitamin C;

(d) where consumed as directed, not less than 300 calories.

SOR/2003-11, s. 13.

B.01.054. (1) In order to generate information in support of an amendment to the Regulations, the Director may issue to the manufacturer or distributor of a food, where the food or the packaging, labelling or advertising of the food does not comply with the requirements of these Regulations, a Temporary Marketing Authorization Letter that authorizes the sale of the food described therein or the packaging, labelling or advertising of the food described therein for a specified period of time, within a designated area and in a specified quantity, in the manner specified in the Letter if

(a) the manufacturer or distributor of the food has supplied to the Director the following information:

(i) the purpose for which the temporary marketing authorization of the food is required,

(ii) a description of the food including a sample and proposed label,

(iii) a description of any proposed variation from the requirements of these Regulations,

(iv) adequate data to show that the use of the food will not be detrimental to the health of the purchaser or user,

(v) the proposed quantity of the food to be sold,

(vi) the proposed period of time required for such sale,

(vii) the proposed area designated for such sale, and

(viii) such other data as the Director may require; and

(b) the manufacturer or distributor of the food has agreed to

(i) describe the food on a label or in an advertisement in a manner that is not false, misleading or deceptive,

(ii) use such marks or statements on the label or in any advertisement as the Director may require,

(iii) on request, submit to the Director results of the temporary marketing, and

(iv) on request, withdraw the product from sale where the Director is of the opinion that it is in the public interest to do so.

(2) The Director shall, in any Temporary Marketing Authorization Letter issued pursuant to subsection (1), set out

(a) the common name and description of the food to be sold;

(b) the name and address of the manufacturer or distributor of the food;

(d) the quantity of the food that is authorized for sale;

(d.1) the type of packaging, labelling or advertising authorized in respect of the food where the Letter is intended to authorize a variation from a requirement of any provision of the Regulations respecting packaging, labelling or advertising;

(e) the period of time during which the food may be sold; and

(f) the designated area within which the food may be sold.

SOR/81-566, s. 1; SOR/85-275, s. 1.

B.01.055. (1) A manufacturer or distributor named in a Temporary Marketing Authorization Letter issued pursuant to subsection B.01.054(1) may, for the purpose set out in the Letter, sell the food in the manner authorized in the Letter and package, label or advertise that food in the manner authorized in the Letter for the period of time, within the designated area and in the quantity set out in the Letter.

(2) No provision of these Regulations made pursuant to paragraph 30(1)(b) of the Act applies in respect of a food or the packaging, labelling or advertising of a food for which a Temporary Marketing Authorization Letter has been issued pursuant to subsection B.01.054(1) to the extent that the food, or the packaging, labelling or advertising of the food, as authorized in the Letter, does not comply with that provision.

SOR/81-566, s. 1; SOR/85-275, s. 2; SOR/90-814, s. 4.

B.01.056. (1) This section applies in respect of interim marketing authorizations that the Minister may issue under subsection 30.2(1) of the Act.

(2) In this section, “food for special dietary use” has the same meaning as in section B.24.001.

(3) The manufacturer of a food or of an agricultural chemical, veterinary drug, food additive, vitamin, mineral nutrient or amino acid present in or on a food may submit an application in writing to the Minister for the issuance of an interim marketing authorization in respect of the food that provides for any matter referred to in subsection 30.2(2) of the Act.

(4) The application shall be accompanied by the following information:

(a) the common name and description of the food;

(b) the reasons for which the interim marketing authorization is requested;

(c) a description of every exemption requested in respect of the food from the application, in whole or in part, of sections 5 to 6.1 of the Act and the applicable requirements of these Regulations;

(d) adequate data, including results of tests and scientific analysis, that demonstrate that the food would not be harmful to the health of the purchaser or consumer;

(e) if the application relates to the addition of vitamins, mineral nutrients or amino acids to the food, a statement, with supporting documentation, indicating that the proposed addition is for one or more of the following purposes:

(i) to restore the levels of vitamins or mineral nutrients to the levels that were present in the food before processing or, in the case of amino acids, to provide protein of a nutritional quality that is equivalent to that which was present in the food before processing,

(ii) to make the food that is intended to be sold as a substitute for another food nutritionally equivalent to the food that it is intended to replace in the diet in respect of

(A) the levels of added vitamins or mineral nutrients, or

(B) the quality of protein provided through the addition of amino acids,

(iii) to prevent or correct a deficiency of vitamins or mineral nutrients in the population or specific population groups, or

(iv) to modify the levels of vitamins, mineral nutrients or amino acids in the food for special dietary use; and

(f) if the application relates to the use of a food additive in or on the food, the information described in section B.16.002.

(5) In addition to the matters that may be provided for in accordance with subsections 30.2(2) and (4) of the Act, an interim marketing authorization shall set out

(a) the common name and description of the food;

(b) the reasons for which the interim marketing authorization is issued; and

(6) An interim marketing authorization may be cancelled by the Minister if the Minister determines, after reviewing any additional information that comes to his or her attention, that the food for which the authorization was issued is or may be harmful to the health of the purchaser or consumer.

SOR/97-313, s. 1; SOR/2008-181, s. 2. Previous Version B.01.060. to B.01.066. [Repealed, SOR/88-559, s. 10]

B.01.070. [S]. Mixed nuts or a mixture of nuts shall consist of a mixture of nuts in which not less than five per cent by weight of each type of nuts is present in the mixture.

B.01.071. Where a prepackaged product is a mixture of nuts, the percentage and common name of the nut that is present in the product in the greatest amount by weight shall be applied to the principal display panel of the package in close proximity to the common name of the product.

SOR/88-336, s. 3; SOR/92-626, s. 11.

B.01.072. Notwithstanding any requirement prescribed in Part B, a food product that has been subjected to heat in the presence of a vaporized liquid solution of smoke derived from hardwood, hardwood sawdust or corn cobs may be described as “smoked”.

SOR/92-626, s. 11.

B.01.080. (1) In this section, “frozen” means preserved by freezing temperature and does not include any surface freezing that may occur during holding and transportation.

(2) Where meat, meat by-products, poultry meat, poultry by-products or fish, or meat of any marine or fresh water animal, that has been frozen is thawed prior to sale, the words “previously frozen” shall be shown

(a) on the principal display panel in close proximity to the common name of the food and in letters at least as legible and conspicuous as those used in the common name;

(b) anywhere on the principal display panel in letters of not less than 1/4 of an inch (6.4 millimetres) in height; or

(3) Where part of a food referred to in subsection (2) has been frozen and thawed prior to sale, the words “Made from fresh and frozen portions” or “Made from fresh and frozen (naming the food)” shall be shown in the manner described in paragraph (2)(a), (b) or (c).

SOR/88-336, s. 3.

B.01.090. (1) No person shall offer for sale at retail any solid cut meat or solid cut poultry meat to which phosphate salts or water has been added, unless that meat or poultry meat is contained in a package and carries a label.

(2) The label referred to in subsection (1) shall contain a statement of the minimum percentage of meat protein as part of the common name of the product on the principal display panel of the package in type that is as legible and conspicuous as any other type on that display panel, and in letters that are at least one half of the size of the letters used in the common name of the product but that are not less than 1.6 mm in height.

SOR/94-262, s. 1.

B.01.091. The label of any solid cut meat or solid cut poultry meat that has had phosphate salts or water added to it, that is not cured and that is prepackaged at retail shall contain a statement of the ingredients contained in the food in accordance with subsections B.01.008(3) to (5).

SOR/94-262, s. 1; SOR/2003-11, s. 14.

B.01.092. Sections B.01.090 and B.01.091 do not apply in respect of side bacon, Wiltshire bacon, pork jowls, salt pork or salt beef.

SOR/94-262, s. 1.

B.01.100. (1) The common name of a simulated meat product or simulated poultry product shall be the common name of the meat product or poultry product that is simulated, modified by the word “simulated”.

(2) The word “simulated” in the common name of a simulated meat product or simulated poultry product shall be shown in letters of at least the same size and prominence as those used in the remainder of the common name of that product.

(3) Where a simulated meat product or a simulated poultry product is not a prepackaged product, the common name of the product and the other information required by this section to be shown on the label of a simulated meat product or simulated poultry product shall be

shown on a sign displayed on or adjacent to the product in letters that are legible and conspicuous to a prospective purchaser.

(4) The words

(a) “contains no meat”, in the case of a simulated meat product, and

(b) “contains no poultry”, in the case of a simulated poultry product,

shall be shown on the principal display panel of the label of a simulated meat product or simulated poultry product in close proximity to the common name and in letters of at least the same size and prominence as those shown in the common name.

(5) to (7) [Repealed, SOR/88-559, s. 11]

SOR/88-336, s. 3; SOR/88-559, s. 11.

B.01.101. (1) For the purposes of this section and section B.01.102, “source of protein” means any food that contains protein, but does not include spices, seasonings, flavours, artificial flavours, flavour enhancers, food additives and similar foods that contain only small amounts of protein.

(2) The common name of a meat product extender shall be the common name of each food in the meat product extender that is a source of protein, plus

(a) the word “meat”, or the common name of the meat product that is to be extended, plus the word “extender”; or

(b) the words “extender for” plus the common name of the meat product that is to be extended.

(3) The common name of a poultry product extender shall be the common name of each food in the poultry product extender that is a source of protein, plus

(a) the word “poultry”, or the common name of the poultry product that is to be extended plus the word “extender”; or

(b) the words “extender for” plus the common name of the poultry product that is to be extended.

(4) Foods that are a source of protein in the meat product extender or poultry product extender shall be shown by their common names in the common name of that meat product extender or poultry product extender

(a) in descending order of their proportion of the meat product extender or poultry product extender; and

(b) in letters of at least the same size and prominence as those used in the remainder of the common name of the meat product extender or poultry product extender.

(5) and (6) [Repealed, SOR/88-559, s. 12]

SOR/88-559, s. 12.

B.01.102. (1) The common name of an extended meat product or an extended poultry product shall be the common name of the meat product or poultry product that is extended, modified by the common name of each of the foods that are sources of protein in the extended meat product or extended poultry product.

(2) Notwithstanding subsection (1),

(a) the word or words “meat”, “meat product”, “poultry”, “poultry meat” or “poultry meat by- product” as the case may be, may be used in the common name of an extended meat product or extended poultry product as the common name of the food therein that is a source of protein derived from a meat product or poultry product; and

(b) where it is an acceptable manufacturing practice for a manufacturer to omit from his meat product extender or poultry product extender any source of protein derived from a plant that is ordinarily an ingredient of that meat product extender or poultry product extender, or to substitute in whole or in part in his meat product extender or poultry product extender any source of protein derived from a plant for a source of protein that is ordinarily an ingredient of that meat product extender or poultry product extender, the word “plant” may be used in the common name of an extended meat product or extended poultry product as the common name of the food therein that is a source of protein derived from a plant.

(3) Foods that are a source of protein in an extended meat product or extended poultry product shall be shown by their common names in the common name of that product

(a) in descending order of their proportion of that product; and

(b) in letters of at least the same size and prominence as those used in the remainder of the common name of that product.

(4) Where an extended meat product or extended poultry product is not a prepackaged product, the common name of that product and the information required by this section to be shown on the label of an extended meat product or extended poultry product shall be shown on a sign displayed on or adjacent to that product in letters that are legible and conspicuous to a prospective purchaser.

(5) to (7) [Repealed, SOR/88-559, s. 13]

SOR/84-300, s. 9; SOR/88-559, s. 13.

B.01.103. (1) The common name of a yolk-replaced egg shall be “yolk-replaced egg”.

(2) to (4) [Repealed, SOR/88-559, s. 14]

SOR/88-559, s. 14.

B.01.300. [Repealed, SOR/2003-11, s. 15]

B.01.301. (1) No person shall, on the label of or in any advertisement for a food, other than in the nutrition facts table, if any, include a declaration of the food’s energy value or the amount of a nutrient contained in the food unless it is declared in the following manner, per serving of stated size:

(a) in the case of the energy value, in Calories;

(b) in the case of a vitamin set out in column I of Table I to Division 1 of Part D or a mineral nutrient set out in column I of Table I to Division 2 of Part D, in the units specified in that column;

(d) in the case of the mineral ion content of prepackaged water or ice, in parts per million; and

(e) in any other case, in grams.

(2) Despite subsection (1), a person may, on the label of a food or in any advertisement for a food, other than in the nutrition facts table, if any, include a declaration of the percentage of the daily value of a nutrient contained in the food if

(a) the nutrient is listed in column 1 of the table to section B.01.401 or the table to section B.01.402;

(b) the percentage of the daily value of the nutrient is required or permitted to be declared in the nutrition facts table; and

(3) A declaration referred to in subsection (1) or (2) that appears on the label of a food shall be

(a) in English and French; or

(b) in one of those languages, if in accordance with subsection B.01.012(3) or (7) the information that is required by these Regulations to be shown on the label of the food may be shown in that language only and is shown on the label in that language.

SOR/88-559, s. 15; SOR/2003-11, s. 16.

B.01.302. to B.01.304. [Repealed, SOR/2003-11, s. 17]

B.01.305. (1) No person shall, on the label of or in any advertisement for a food, make a representation, express or implied, respecting a protein unless the food meets the conditions set out in column 2 of item 8 of the table following section B.01.513 for the subject “source of protein” set out in column 1.

(2) No person shall, on the label of or in any advertisement for a food, make a representation, express or implied, respecting an amino acid unless

(a) the food meets the conditions set out in column 2 of item 8 of the table following section B.01.513 for the subject “source of protein” set out in column 1; and

(b) the label or advertisement includes a declaration of the amount of histidine, isoleucine, leucine, lysine, methionine, phenylalanine, threonine, tryptophan and valine contained in the food, expressed in grams per serving of stated size.

(3) Subsections (1) and (2) do not apply in respect of

(a) a formulated liquid diet, a human milk substitute or a food represented as containing a human milk substitute;

(b) foods represented for use in gluten-free diets, protein restricted diets, low (naming the amino acid) diets and (naming the amino acid) free diets;

(d) the declaration of amino acids in the list of ingredients;

(e) the common names set out in column II of items 7 to 9 of the table to paragraph B.01.010(3)(a), when shown in the list of ingredients in accordance with that paragraph;

(f) the common name of a single amino acid preparation that may be sold as a food;

(g) the statements required by paragraphs B.01.014(c) and B.01.015(1)(b);

(h) a statement or claim set out in column 4 of item 7 of the table following section B.01.513 respecting the subject “low in protein” set out in column 1;

(i) a declaration of the amount of protein in the nutrition facts table;

(j) a statement of the protein content of a food as required by paragraph B.24.103(c), subparagraph B.24.202(a)(ii), paragraph B.24.304(b) or B.25.057(1)(a) or subparagraph B.25.057(2)(c)(i) or (d)(i); or

(k) a statement that a food is not a source of protein.

(4) A representation referred to in subsection (1) or (2) that appears on the label of a food shall be

(a) in English and French; or

SOR/88-559, s. 15; SOR/90-830, s. 3(F); SOR/2003-11, s. 18.

B.01.306. to B.01.310. [Repealed, SOR/2003-11, s. 19]

B.01.311. (1) Subject to subsections (2) and (3), no person shall, on the label of or in any advertisement for a food, make a representation, express or implied, concerning the action or effect of the food’s energy value or of a nutrient contained in the food.

(2) The label of or advertisement for a food may carry a statement or claim set out in column 1 of the table following section B.01.603.

(3) Subject to section B.01.312, the label of or advertisement for a food may carry a statement or claim to the effect that the food’s energy value or a nutrient contained in the food is generally recognized as an aid in maintaining the functions of the body necessary to the maintenance of good health and normal growth and development.

(4) If a statement or claim described in subsection (3) concerns a nutrient not listed in column 1 of the tables to sections B.01.401 and B.01.402, the amount of the nutrient contained in the food must be expressed on any part of the label in grams per serving of stated size.

(5) A statement or claim referred to in subsection (2) or (3) that appears on the label of a food shall be

(a) in English and French; or

SOR/88-559, s. 15; SOR/2003-11, s. 20.

B.01.312. (1) If a statement or claim described in subsection B.01.311(3) is made on the label of or in an advertisement for a food that is not a prepackaged product or in an advertisement for a prepackaged product that is not made or placed by or on the direction of the manufacturer of the product, the label or advertisement shall include a declaration, per serving of stated size, of

(a) the energy value, if the energy value is the subject of the statement or claim; or

(b) the amount of the nutrient, if a nutrient is the subject of the statement or claim.

(2) If the statement or claim is made in an advertisement other than a radio or television advertisement, the declaration referred to in subsection (1) shall be

(a) adjacent to, without any intervening printed, written or graphic material, the statement or claim, if the statement or claim is made only once, or the most prominent statement or claim, if the statement or claim is made more than once; and

(b) shown in letters of at least the same size and prominence as those of the statement or claim, if the statement or claim is made only once, or the most prominent statement or claim, if the statement or claim is made more than once.

(3) If the statement or claim is made in a radio advertisement or in the audio portion of a television advertisement, the declaration referred to in subsection (1) shall immediately precede or follow the statement or claim.

(4) If the statement or claim is made in a television advertisement, the declaration referred to in subsection (1) shall be communicated

(a) in the audio mode, if the statement or claim is made only in the audio portion of the advertisement or in both the audio and visual portions; or

(b) in the audio or visual mode, if the statement or claim is made only in the visual portion of the advertisement.

(5) If the declaration referred to in subsection (1) is communicated in the visual mode of a television advertisement, it shall

(a) appear concurrently with and for at least the same amount of time as the statement or claim;

(b) be adjacent to, without any intervening printed, written or graphic material, the statement or claim, if the statement or claim is made only once, or the most prominent statement or claim, if the statement or claim is made more than once; and

(c) be shown in letters of at least the same size and prominence as those of the statement or claim, if the statement or claim is made only once, or the most prominent statement or claim, if the statement or claim is made more than once.

SOR/2003-11, s. 20.

Interpretation

B.01.400. The following definitions apply in sections B.01.401 to B.01.603.

“fat” means all fatty acids expressed as triglycerides. (lipides)

“point” means a unit of measurement for type size that is known as an Anglo-American point and is equal to 0.3514598 mm. (point)

SOR/2003-11, s. 20.

Nutrition Labelling

Core Information

B.01.401. (1) Except as otherwise provided in this section and sections B.01.402 to B.01.406 and B.01.467, the label of a prepackaged product shall carry a nutrition facts table that contains only the information set out in column 1 of the table to this section expressed using a description set out in column 2, in the unit set out in column 3 and in the manner set out in column 4.

(2) Subsection (1) does not apply to a prepackaged product if

(a) all the information set out in column 1 of the table to this section, other than in respect of item 1 (“Serving of stated size”), may be expressed as “0” in the nutrition facts table in accordance with this section;

(b) the product is

(i) a beverage with an alcohol content of more than 0.5%,

(ii) a fresh vegetable or fruit or any combination of fresh vegetables or fruits without any added ingredients, an orange with added food colour or a fresh vegetable or fruit coated with paraffin wax or petrolatum,

(iii) a raw single ingredient meat, meat by-product, poultry meat or poultry meat by-product,

(iv) a raw single ingredient marine or fresh water animal product,

(v) sold only in the retail establishment where the product is prepared and processed from its ingredients, including from a pre-mix if an ingredient other than water is added to the pre-mix during the preparation and processing of the product,

(vi) sold only at a road-side stand, craft show, flea market, fair, farmers’ market or sugar bush by the individual who prepared and processed the product,

(vii) an individual serving that is sold for immediate consumption and that has not been subjected to a process to extend its durable life, including special packaging, or

(viii) sold only in the retail establishment where the product is packaged, if the product is labelled by means of a sticker and has an available display surface of less than 200 cm2; or

(i) a prepackaged confection, commonly known as a one bite confection, that is sold individually,

(ii) a prepackaged individual portion of food that is solely intended to be served by a restaurant or other commercial enterprise with meals or snacks, or

(iii) milk, partly skimmed milk, skim milk, goat’s milk, partly skimmed goat’s milk, skimmed goat’s milk, (naming the flavour) milk, (naming the flavour) partly skimmed milk, (naming the flavour) skim milk or cream sold in a refillable glass container.

(3) Despite paragraphs (2)(a) and (b), subsection (1) applies to a prepackaged product if

(a) the product contains an added vitamin or mineral nutrient;

(b) a vitamin or mineral nutrient is declared as a component of one of the product’s ingredients other than flour;

(d) the product is a meat, meat by-product, poultry meat or poultry meat by-product that is ground; or

(e) the label of the product, or any advertisement for the product that is made or placed by or on the direction of the manufacturer of the product, contains

(i) a reference to the energy value, a nutrient set out in column 1 of the table to this section or in column 1 of the table to section B.01.402 or a constituent of such a nutrient, other than information required by Division 12 or a reference to the common name of an ingredient in the list of ingredients for the product,

(ii) a representation that expressly or implicitly indicates that the product has particular nutritional or health-related properties, including any statement or claim set out in column 4 of the table following section B.01.513 or column 1 of the table following section B.01.603 or referred to in section B.01.311, D.01.006 or D.02.004,

(iii) a health-related name, statement, logo, symbol, seal of approval or mark, or

(iv) the phrase “nutrition facts”, “valeur nutritive” or “valeurs nutritives”.

(4) Subsection (1) does not apply to a formulated liquid diet, a human milk substitute, a food represented as containing a human milk substitute, a meal replacement, a nutritional supplement or a food represented for use in a very low energy diet.

(5) The label of or advertisement for a formulated liquid diet, a human milk substitute, a food represented as containing a human milk substitute, a meal replacement, a nutritional supplement or a food represented for use in a very low energy diet shall not contain a nutrition facts table or the phrase “nutrition facts”, “valeur nutritive” or “valeurs nutritives”.

(6) If, for a prepackaged product other than one intended solely for children under two years of age, the information in respect of seven or more of the energy value and nutrients referred

to in column 1 of items 2 to 5 and 7 to 13 of the table to this section may be expressed as “0” in the nutrition facts table in accordance with this section, the nutrition facts table need only include the following information:

(a) the serving of stated size;

(b) the energy value;

(d) the amount of carbohydrate;

(e) the amount of protein;

(f) the amount of any nutrient that is the subject of a representation referred to in subparagraph (3)(e)(ii);

(g) the amount of any sugar alcohol, vitamin or mineral nutrient added to the prepackaged product, other than iodide added to salt for table or general household use or fluoride added to prepackaged water or ice;

(h) the amount of any vitamin or mineral nutrient that is declared as a component of one of the prepackaged product’s ingredients other than flour;

(i) the amount of any nutrient referred to in column 1 of item 4, 5, 7, 8, 10, 11 or 13 of the table to this section that may not be expressed as “0” in the nutrition facts table; and

(j) the statement “Not a significant source of (naming each nutrient that is omitted from the nutrition facts table in accordance with this subsection)” or, if the prepackaged product meets the condition specified in subsection B.01.455(3), the statement “Not a significant source of other nutrients”.

(7) Subsection (1) does not apply to a prepackaged product

(a) that is intended solely for use as an ingredient in the manufacture of other prepackaged products intended for sale to a consumer at the retail level or as an ingredient in the preparation of food by a commercial or industrial enterprise or institution; or

(b) that is a multiple-serving ready-to-serve prepackaged product intended solely to be served in a commercial or industrial enterprise or institution.

TABLE

CORE INFORMATION

Column 1 Column 2 Column 3 Column 4 Item Information Description Unit Manner of expression

“Serving Size (1) The size is (1) The size whenServing of1. (naming the serving expressed in one of the expressed in metric unitsstated size size)”, “Serving following units: is rounded off (naming the serving (a) in the case of a food (a) if it is less than 10 g or size)” or “Per that is usually divided 10 mL, to the nearest (naming the serving into pieces before being multiple of 0.1 g or size)” consumed (such as 0.1 mL; and

Column 1 Column 2 Column 3 Item Information Description Unit

cake, pie and pizza), a fraction of the entire food; (b) in the case of a food described in subsection B.01.002A(2), the entire container; and (c) in all other cases, in a commonly used unit in respect of which the quantity is visibly measurable, such as millilitres, cups, tablespoons or “(naming the unit of food)”.

(2) The size expressed in accordance with subitem (1) is followed by the size expressed in grams or millilitres, as specified by paragraph B.01.002A(1)(b).

2. Energy value

“Calories”, “Total The value is expressed Calories” or in Calories per serving “Calories, Total” of stated size.

Column 4 Manner of expression

(b) if it is 10 g or more or 10 mL or more, to the nearest multiple of 1 g or 1 mL.

(2) The size when expressed as a fraction is represented by a numerator and a denominator separated by a line.

(3) The size shall include the word “assorted” if the information in the nutrition facts table of a prepackaged product that contains an assortment of foods is set out as a composite value. The value is rounded off (a) if it is less than 5 Calories

(i) if the product meets the conditions set out in column 2 of item 1 of the table following section B.01.513 for the subject” free of energy” set out in column 1, to “0” Calorie, and

(ii) in all other cases, to the nearest multiple of 1 Calorie;

(b) if it is 5 Calories or more but not more than 50 Calories, to the nearest multiple of 5 Calories; and (c) if it is more than 50 Calories, to the nearest

Column 1 Column 2 Item Information Description

3. Amount of fat “Fat”, “Total Fat” or“Fat, Total”

4. Amount of “Saturated Fat”, saturated fatty “Saturated Fatty acids Acids”, “Saturated”

Column 3 Unit

The amount is expressed (a) in grams per serving of stated size; and

(b) as a percentage of the daily value per serving of stated size.

The amount is expressed in grams per serving of stated size.

Column 4 Manner of expression multiple of 10 Calories. (1) The amount is rounded off

(a) if it is less than 0.5 g

(i) if the product meets the conditions set out in column 2 of item 11 of the table following section B.01.513 for the subject “free of fat” set out in column 1 and the amounts of saturated fatty acids and trans fatty acids are declared as “0 g” in the nutrition facts table or are omitted from that table in accordance with subsection B.01.401(6) and no other fatty acids are declared in an amount greater than 0 g, to “0 g”, and

(ii) in all other cases, to the nearest multiple of 0.1 g;

(b) if it is 0.5 g or more but not more than 5 g, to the nearest multiple of 0.5 g; and (c) if it is more than 5 g, to the nearest multiple of 1 g. (2) The percentage is rounded off (a) if the amount is declared as “0 g”, to “0%“; and (b) in all other cases, to the nearest multiple of 1%. The amount is rounded off

(a) if it is less than 0.5 g

Column 1 Item Information

Amount of trans fatty acids

The sum of6. saturated fatty acids and trans fatty acids

Column 2 Description or “Saturates”

“Trans Fat”, “Trans Fatty Acids” or “Trans”

“Saturated Fat + Trans Fat”, “Saturated Fatty Acids + Trans Fatty Acids”, “Saturated + Trans” or “Saturates

Column 3 Unit

The amount is expressed in grams per serving of stated size.

The sum is expressed as a percentage of the daily value per serving of stated size.

Column 4 Manner of expression

(i) if the product meets the conditions set out in column 2 of item 18 of the table following section B.01.513 for the subject “free of saturated fatty acids” set out in column 1, to “0 g”, and

(ii) in all other cases, to the nearest multiple of 0.1 g;

(b) if it is 0.5 g or more but not more than 5 g, to the nearest multiple of 0.5 g; and (c) if it is more than 5 g, to the nearest multiple of 1 g. The amount is rounded off

(a) if it is less than 0.5 g

(i) if the product meets the conditions set out in column 2 of item 22 of the table following section B.01.513 for the subject “free of trans fatty acids” set out in column 1, to “0 g”, and

(ii) in all other cases, to the nearest multiple of 0.1 g;

(b) if it is 0.5 g or more but not more than 5 g, to the nearest multiple of 0.5 g; and (c) if it is more than 5 g, to the nearest multiple of 1 g. The percentage is rounded off

(a) if the amounts of saturated fatty acids and trans fatty acids are

Column 1 Column 2 Column 3 Item Information Description Unit

+ Trans”

7. Amount ofcholesterol “Cholesterol” The amount is expressed in milligrams per serving of stated size and may also be expressed as a percentage of the daily value per serving of stated size.

8. Amount ofsodium “Sodium” The amount is expressed (a) in milligrams per serving of stated size; and

(b) as a percentage of the daily value per serving of stated size.

Column 4 Manner of expression declared as “0 g”, to “0%”; and (b) in all other cases, to the nearest multiple of 1%. (1) The amount is rounded off (a) if the product meets the conditions set out in column 2 of item 27 of the table following section B.01.513 for the subject “free of cholesterol” set out in column 1, to “0 mg”; and (b) in all other cases, to the nearest multiple of 5 mg. (2) The percentage is rounded off (a) if the amount is declared as “0 mg” to “0%”; and (b) in all other cases, to the nearest multiple of 1%. (1) The amount is rounded off

(a) if it is less than 5 mg

(i) if the product meets the conditions set out in column 2 of item 31 of the table following section B.01.513 for the subject “free of sodium or salt” set out in column 1, to “0 mg”, and

(ii) in all other cases, to the nearest multiple of 1 mg;

(b) if it is 5 mg or more

Column 1 Item Information

9. Amount of carbohydrate

10. Amount of fibre

Column 2 Description

“Carbohydrate”, “Total Carbohydrate” or “Carbohydrate, Total”

“Fibre”, “Fiber”, “Dietary Fibre” or “Dietary Fiber”

Column 3 Unit

The amount is expressed (a) in grams per serving of stated size; and (b) as a percentage of the daily value per serving of stated size.

Column 4 Manner of expression but not more than 140 mg, to the nearest multiple of 5 mg; and (c) if it is more than 140 mg, to the nearest multiple of 10 mg. (2) The percentage is rounded off (a) if the amount is declared as “0 mg”, to “0%”; and (b) in all other cases, to the nearest multiple of 1%. (1) The amount is rounded off (a) if it is less than 0.5 g, to “0 g”; and

(b) if it is 0.5 g or more, to the nearest multiple of 1 g.

(2) The percentage is rounded off (a) if the amount is declared as “0 g”, to “0%”; and (b) in all other cases, to the nearest multiple of 1%. (1) The amount is rounded off (a) if it is less than 0.5 g, to “0 g”; and

(b) if it is 0.5 g or more, to the nearest multiple of 1 g.

(2) The percentage is rounded off (a) if the amount is declared as “0 g”, to “0%”; and (b) in all other cases, to the nearest multiple of 1%.

Column 1 Column 2 Item Information Description 11. Amount of “Sugars”sugars

12. Amount of “Protein”protein

13. Amount of

(a) vitamin A (a) “Vitamin A” or“Vit A”

(b) “Vitamin C” or(b) vitamin C “Vit C”

(d) iron (d) “Iron”

SOR/2003-11, s. 20; SOR/2007-176, s. 5. Previous Version Additional Information

Column 3 Unit The amount is expressed in grams per serving of stated size.

The amount is expressed in grams per serving of stated size.

The amount is expressed as a percentage of the daily value per serving of stated size.

Column 4 Manner of expression The amount is rounded off (a) if it is less than 0.5 g, to “0 g”; and (b) if it is 0.5 g or more, to the nearest multiple of 1 g. The amount is rounded off (a) if it is less than 0.5 g, to the nearest multiple of 0.1 g; and (b) if it is 0.5 g or more, to the nearest multiple of 1 g. The percentage is rounded off

(a) if it is less than 2%

(i) if the product contains less than 1% of the daily value per reference amount and per serving of stated size, to “0 %”, and

(ii) in all other cases, to “2%”;

(b) if it is 2% or more but not more than 10%, to the nearest multiple of 2%; (c) if it is more than 10% but not more than 50%, to the nearest multiple of 5%; and (d) if it is more than 50%, to the nearest multiple of 10%.

B.01.402. (1) The nutrition facts table may also contain information set out in column 1 of the table to this section.

(2) If information set out in column 1 of the table to this section is included in the nutrition facts table, it shall be expressed using a description set out in column 2, in the unit set out in column 3 and in the manner set out in column 4.

(3) The amount of omega-6 polyunsaturated fatty acids, omega-3 polyunsaturated fatty acids and monounsaturated fatty acids shall be in the nutrition facts table if

(a) the amount of any of those groups of fatty acids or the amount of polyunsaturated fatty acids is in the nutrition facts table or is shown on the label of the prepackaged product or in any advertisement for the product that is made or placed by or on the direction of the manufacturer of the product; or

(b) the amount of any specific fatty acid is shown on the label of the prepackaged product or in any advertisement for the product that is made or placed by or on the direction of the manufacturer of the product.

(4) If the label of a prepackaged product, or any advertisement for the product that is made or placed by or on the direction of the manufacturer of the product, contains a representation, express or implied, that includes information that is set out in column 1 of the table to this section, that information shall also be in the nutrition facts table.

(5) The amount of potassium shall be in the nutrition facts table if the prepackaged product contains added potassium salts and the label of the product or any advertisement for the product that is made or placed by or on the direction of the manufacturer of the product contains a statement or claim referred to in column 4 of any of items 31 to 36 of the table following section B.01.513 for the subject “free of sodium or salt”, “low in sodium or salt”, “reduced in sodium or salt”, “lower in sodium or salt”, “no added sodium or salt” or “lightly salted” set out in column 1.

(6) The nutrition facts table shall show the amount of any sugar alcohol, vitamin or mineral nutrient added to the prepackaged product, except in the case of iodide added to salt for table or general household use or fluoride added to prepackaged water or ice.

(7) The nutrition facts table shall show the amount of any vitamin or mineral nutrient that is declared as a component of one of the prepackaged product’s ingredients other than flour.

(8) Despite subsection (1) and item 1 of the table to this section, the nutrition facts table shall not include information on servings per container if the serving of stated size is expressed in cups or tablespoons.

(9) If information set out in column 1 of the table to this section is included in the nutrition facts table, it shall be shown

(a) in English and French; or

(b) in one of those languages, if in accordance with subsection B.01.012(3) or (7) the information that is required by these Regulations to be shown on the label of the product may be shown in that language only and is shown on the label in that language.

TABLE

ADDITIONAL INFORMATION

Column 1 Column 2 Column 3 Column 4 Item Information Description Unit Manner of expression

Servings per “Servings Per Container” or The quantity (1) The quantity is1. container “(number of units) Per is expressed in rounded off

Column 1 Column 2 Column 3 Item Information Description Unit

Container” number of servings.

The value is expressed in

2. Energy value “kilojoules” or “kJ” kilojoules per serving of stated size.

The value is expressed inEnergy value from “Calories from Fat” or Calories perfat “Calories from Total Fat” serving of stated size.

Column 4 Manner of expression (a) if it is less than 2, to the nearest multiple of 1; (b) if it is between 2 and 5, to the nearest multiple of 0.5; and (c) if it is more than 5, to the nearest multiple of 1. (2) If a quantity is rounded off, it shall be preceded by the word “about”. (3) If the product is of a random weight, the quantity may be declared as “varied”.

The value is rounded off to the nearest multiple of 10 kilojoules.

The value is rounded off (a) if it is less than 5 Calories

(i) if the amount of fat is declared as “0 g” in the nutrition facts table, to “0” Calorie, and

(ii) in all other cases, to the nearest multiple of 1 Calorie;

(b) if it is 5 Calories or more but not more than 50 Calories, to the nearest multiple of 5 Calories; and (c) if it is more than 50 Calories, to the nearest multiple of 10 Calories.

Column 1 Item Information

Energy value from the sum of saturated and trans fatty acids

Amount of polyunsaturated fatty acids

Amount of omega6. 6 polyunsaturated fatty acids

Column 2 Description

“Calories from Saturated + Trans Fat”, “Calories from Saturated + Trans Fatty Acids”, “Calories from Saturated + Trans” or “Calories from Saturates + Trans”

“Polyunsaturated Fat”, “Polyunsaturated Fatty Acids”, “Polyunsaturated” or “Polyunsaturates”

(1) If the nutrition facts table includes the amount of polyunsaturated fatty acids: “Omega-6”, “Omega-6 Polyunsaturated Fat”, “Omega-6 Polyunsaturated Fatty Acids”, “Omega-6 Polyunsaturates” or “Omega-6 Polyunsaturated”

Column 3 Unit

The value is expressed in Calories per serving of stated size.

The amount is expressed in grams per serving of stated size.

Column 4 Manner of expression The value is rounded off (a) if it is less than 5 Calories

(i) if the amounts of saturated fatty acids and trans fatty acids are declared as “0 g” in the nutrition facts table, to “0” Calorie, and

(ii) in all other cases, to the nearest multiple of Calorie;

(b) if it is 5 Calories or more but not more than 50 Calories, to the nearest multiple of 5 Calories; and (c) if it is more than 50 Calories, to the nearest multiple of 10 Calories. The amount is rounded off (a) if it is less than 1 g, to the nearest multiple of 0.1 g; (b) if it is 1 g or more but not more than 5 g, to the nearest multiple of 0.5 g; and (c) if it is more than 5 g, to the nearest multiple of 1 g. The amount is rounded off (a) if it is less than 1 g, to the nearest multiple of 0.1 g;

(b) if it is 1 g or more but not more than 5 g, to the nearest

Column 1 Item Information

Amount of omega 3 polyunsaturated fatty acids

Amount of monounsaturated fatty acids

Amount of9. potassium

Column 2 Description

(2) In all other cases: “Omega-6 Polyunsaturated Fat”, “Omega-6 Polyunsaturated Fatty Acids”, “Omega-6 Polyunsaturates” or “Omega-6 Polyunsaturated”

(1) If the nutrition facts table includes the amount of polyunsaturated fatty acids: “Omega-3”, “Omega-3 Polyunsaturated Fat”, “Omega-3 Polyunsaturated Fatty Acids”, “Omega-3 Polyunsaturates” or “Omega-3 Polyunsaturated”

(2) In all other cases: “Omega-3 Polyunsaturated Fat”, “Omega-3 Polyunsaturated Fatty Acids”, “Omega-3 Polyunsaturates” or “Omega-3 Polyunsaturated”

“Monounsaturated Fat”, “Monounsaturated Fatty Acids”, “Monounsaturates” or “Monounsaturated”

“Potassium”

Column 3 Unit

The amount is expressed in grams per serving of stated size.

The amount is expressed (a) in milligrams per serving of stated size; and

Column 4 Manner of expression multiple of 0.5 g; and (c) if it is more than 5 g, to the nearest multiple of 1 g.

The amount is rounded off (a) if it is less than 1 g, to the nearest multiple of 0.1 g; (b) if it is 1 g or more but not more than 5 g, to the nearest multiple of 0.5 g; and

The amount is rounded off (a) if it is less than 1 g, to the nearest multiple of 0.1 g; (b) if it is 1 g or more but not more than 5 g, to the nearest multiple of 0.5 g; and (c) if it is more than 5 g, to the nearest multiple of 1 g. (1) The amount is rounded off

(a) if it is less than 5 mg

Column 1 Item Information

Amount of soluble10. fibre

Amount of11. insoluble fibre

Amount of sugar12. alcohol

Column 2 Description

“Soluble Fibre” or “Soluble Fiber”

“Insoluble Fibre” or “Insoluble Fiber”

(1) If the food contains only one type of sugar alcohol: “Sugar Alcohol”, “Polyol” or

Column 3 Unit

(b) as a percentage of the daily value per serving of stated size.

The amount is expressed as grams per serving of stated size.

The amount is expressed as grams per

Column 4 Manner of expression

(i) if the product contains less than 5 mg of potassium per reference amount and per serving of stated size, to “0 mg”, and

(ii) in all other cases, to the nearest multiple of 1 mg;

(b) if it is 5 mg or more but not more than 140 mg, to the nearest multiple of 5 mg; and (c) if it is more than 140 mg, to the nearest multiple of 10 mg. (2) The percentage is rounded off (a) if the amount is declared as “0 mg”, to “0%”; or (b) in all other cases, to the nearest multiple of 1%. The amount is rounded off (a) if it is less than 0.5 g, to “0 g”; and (b) if it is 0.5 g or more, to the nearest multiple of 1 g. The amount is rounded off (a) if it is less than 0.5 g, to “0 g”; and (b) if it is 0.5 g or more, to the nearest multiple of 1 g. The amount is rounded off

(a) if it is less than

Column 1 Item Information

13. Amount of starch

14. Amount of

(a) vitamin D

(b) vitamin E

(d) thiamine

(e) riboflavin

(f) niacin (g) vitamin B6 (h) folate (i) vitamin B12 (j) biotin (k) pantothenic

Column 2 Description “(naming the sugar alcohol)”

(2) In all other cases: “Sugar Alcohols” or “Polyols”

“Starch”

(a) “Vitamin D” or “Vit D”

(b) “Vitamin E” or “Vit E”

(d) “Thiamine”, “Thiamin”, “Thiamine (Vitamin B1)”, “Thiamine (Vit B1)”, “Thiamin (Vitamin B1)” or “Thiamin (Vit B1)”

(e) “Riboflavin”, “Riboflavin (Vitamin B2)” or “Riboflavin (Vit B2)” (f) “Niacin” (g) “Vitamin B6” or “Vit B6“ (h) “Folate” (i) “Vitamin B12“ or “Vit B12” (j) “Biotin” (k) “Pantothenic Acid” or

Column 3 Unit serving of stated size.

The amount is expressed as grams per serving of stated size.

The amount is expressed as a percentage of the daily value per serving of stated size.

Column 4 Manner of expression 0.5 g, to “0 g”; and (b) if it is 0.5 g or more, to the nearest multiple of 1 g. The amount is rounded off (a) if it is less than 0.5 g, to “0 g”; and (b) if it is 0.5 g or more, to the nearest multiple of 1 g. The percentage is rounded off (a) if it is less than 2%

(i) if the product contains less than 1% of the daily value per reference amount and per serving of stated size, to “0%”, and

(ii) in all other cases, to the nearest multiple of 2%;

Column 1 Column 2 Column 3 Column 4 Item Information Description Unit Manner of expression

acid “Pantothenate” (l) phosphorus (l) “Phosphorus” (m) iodide (m) “Iodide” or “Iodine” (n) magnesium (n) “Magnesium” (o) zinc (o) “Zinc” (p) selenium (p) “Selenium” (q) copper (q) “Copper” (r) manganese (r) “Manganese” (s) chromium (s) “Chromium” (t) molybdenum (t) “Molybdenum” (u) chloride (u) “Chloride”

In the version of the footnote that refers to nutrients, (a) the daily value for potassium is included only if the amount of

15. Basis of the percent daily values

One of the four footnotes to the subheading “% Daily Value” set out in Figures 18.1(E) and (F) of Schedule L

potassium is declared in the nutrition facts table; and (b) the daily value for cholesterol is included only if the amount of cholesterol is declared in the nutrition facts table as a percentage of the daily value per serving of stated size.

“Calories per gram:”, “Fat 9”,Energy conversion16. “Carbohydrate 4” andfactors “Protein 4”

SOR/2003-11, s. 20; err., Vol. 137, No. 5; SOR/2005-98, s. 2(F).

Foods for Children under Two Years of Age

B.01.403. (1) This section applies in respect of a prepackaged product intended solely for children under two years of age.

(2) The nutrition facts table of the product shall not contain

(a) the percentage of the daily value of fat, cholesterol, sodium, potassium, carbohydrate or fibre or of the sum of saturated fatty acids and trans fatty acids;

(b) the energy value from fat or from the sum of saturated fatty acids and trans fatty acids; or

(3) The nutrition facts table of the product may omit the amount of saturated fatty acids, trans fatty acids and cholesterol.

(4) Despite subsection (3), if the amount of cholesterol is in the nutrition facts table, the amounts of saturated fatty acids and trans fatty acids shall also be in the nutrition facts table.

(5) If the information in respect of six or more of the energy value and nutrients referred to in column 1 of items 2, 3 and 8 to 13 of the table to section B.01.401 may be expressed as “0” in the nutrition facts table of the product in accordance with that section, the nutrition facts table need only include the following information:

(a) the serving of stated size;

(b) the energy value;

(d) the amount of carbohydrate;

(e) the amount of protein;

(f) the amount of any nutrient that is the subject of a representation referred to in subparagraph B.01.401(3)(e)(ii);

(g) the amount of any sugar alcohol, vitamin or mineral nutrient added to the product, other than fluoride added to prepackaged water or ice;

(h) the amount of any vitamin or mineral nutrient that is declared as a component of one of the product’s ingredients other than flour;

(i) the amount of any nutrient referred to in column 1 of item 8, 10, 11 or 13 of the table to section B.01.401 that may not be expressed as “0” in the nutrition facts table;

(j) except in the case described in paragraph (k), the statement “Not a significant source of (naming each nutrient that is omitted from the nutrition facts table in accordance with this subsection)”, but such a statement may be omitted in respect of saturated fatty acids, trans fatty acids and cholesterol; and

(k) if the product meets the condition specified in subsection B.01.462(3), the statement “Not a significant source of other nutrients” or the statement referred to in paragraph (j).

SOR/2003-11, s. 20.

Food for Use in Manufacturing other Foods

B.01.404. (1) This section applies to a prepackaged product that is intended solely for use as an ingredient in the manufacture of other prepackaged products intended for sale to a consumer at the retail level or as an ingredient in the preparation of food by a commercial or industrial enterprise or institution.

(2) No person shall sell the product unless written nutrition information concerning the product accompanies the product when it is delivered to the purchaser.

(3) The nutrition information

(a) shall include the information that would, but for subsection B.01.401(7), be required by sections B.01.401 and B.01.402 to be included in a nutrition facts table for the product;

(b) may include other information that is permitted by section B.01.402 to be included in that nutrition facts table; and

(c) shall be expressed in accordance with sections B.01.401 and B.01.402, subject to the following modifications, namely,

(i) information for vitamins set out in column I of Table I to Division 1 of Part D and mineral nutrients set out in column I of Table I to Division 2 of that Part shall be expressed in the applicable units referred to in that column,

(A) per gram or 100 grams of the food, if the net quantity of the food is declared on the label by weight or by count, or

(B) per millilitre or 100 millilitres of the food, if the net quantity of the food is declared on the label by volume,

(ii) information for other nutrients and the energy value set out in column 1 of the table to section B.01.401 or in column 1 of the table to section B.01.402 shall be expressed in the units referred to in column 3,

(A) per gram or 100 grams of the food, if the net quantity of the food is declared on the label by weight or by count, or

(B) per millilitre or 100 millilitres of the food, if the net quantity of the food is declared on the label by volume,

(iii) percentages of daily values and information on servings of stated size may be omitted, and

(iv) the nutrition information shall be stated with a degree of precision that corresponds to the accuracy of the analytical methodology used to produce the information.

SOR/2003-11, s. 20.

Foods for Enterprise or Institution

B.01.405. (1) This section applies to a prepackaged product that is a multiple-serving ready to-serve prepackaged product intended solely to be served in a commercial or industrial enterprise or institution.

(2) No person shall sell the product unless written nutrition information concerning the product accompanies the product when it is delivered to the purchaser.

(3) The nutrition information

(a) shall include the information that would, but for subsection B.01.401(7), be required by sections B.01.401 and B.01.402 to be included in a nutrition facts table for the product;

(b) may include other information that is permitted by section B.01.402 to be included in that nutrition facts table; and

SOR/2003-11, s. 20.

Basis of Information

B.01.406. (1) Subject to subsections (2) to (8), the information in the nutrition facts table shall be set out only on the basis of the prepackaged product as offered for sale.

(2) If a prepackaged product contains separately packaged ingredients or foods that are intended to be consumed together, the information in the nutrition facts table shall be set out for each ingredient or food or for the entire product.

(3) If a prepackaged product contains an assortment of foods of the same type and the typical serving consists of only one of those foods, the information in the nutrition facts table shall be set out

(a) on the basis of each of the foods contained in the product, if the nutrition information set out in column 1 of the table to section B.01.401 for each of those foods is different; or

(b) on the basis of one of the foods contained in the product, if the nutrition information set out in column 1 of the table to section B.01.401 for each of those foods is the same.

(4) If a prepackaged product contains an assortment of foods of the same type and the typical serving consists of more than one of those foods, the information in the nutrition facts table shall be set out for each of the foods contained in the product or as a composite value.

(5) If a prepackaged product contains a food that is to be prepared in accordance with directions provided in or on the package or that is commonly combined with other ingredients or another food or cooked before being consumed, the nutrition facts table may also set out information for the food as prepared, in which case

(a) the nutrition facts table shall set out the following information for the food as prepared, namely,

(i) except in the case described in subparagraph (ii), the amount of the food expressed in a unit specified in column 3 of paragraph 1(1)(a) or (c) of the table to section B.01.401 as “about (naming the serving size)” or “about (naming the serving size) prepared” and, if applicable, in the manner specified in column 4 of subitems 1(1) and (2),

(ii) if the food is commonly served combined with another food, the amount of the other food expressed in a unit specified in column 3 of paragraph 1(1)(c) of the table to section B.01.401 and, if applicable, in the manner specified in column 4 of subitem 1(1),

(iii) the energy value, expressed using a description set out in column 2 of item 2 of the table to section B.01.401, in the unit set out in column 3 and in the manner set out in column 4,

(iv) if it is declared in the nutrition facts table for the food as sold, the energy value from fat, expressed using a description set out in column 2 of item 3 of the table to section B.01.402, in the unit set out in column 3 and in the manner set out in column 4, and

(v) the information set out in column 1 of items 3, 6 to 10 and 13 of the table to section B.01.401 and in column 1 of items 9 and 14 of the table to section B.01.402 that is declared as a percentage of the daily value in the nutrition facts table for the food as sold, expressed using

a description set out in column 2, as a percentage of the daily value per serving of stated size and in the manner specified in column 4; and

(b) the nutrition facts table may also set out the following information for the added ingredients or the other food, if it is declared in the nutrition facts table for the food as sold, namely,

(i) the information set out in column 1 of items 3 to 5 and 7 to 12 of the table to section B.01.401, expressed using a description set out in column 2, in milligrams for the information set out in column 1 of items 7 and 8 and in grams for the information set out in column 1 of items 3 to 5 and 9 to 12 and in the manner specified in column 4, and

(ii) the information set out in column 1 of items 5 to 13 of the table to section B.01.402, expressed using a description set out in column 2, in milligrams for the information set out in column 1 of item 9 and in grams for the information set out in column 1 of items 5 to 8 and 10 to 13 and in the manner specified in column 4.

(6) Subsection (5) does not apply in respect of a prepackaged product that is intended solely for children under two years of age.

(7) Subject to subsection (8), the information in the nutrition facts table may also be set out on the basis of other amounts of a food that reflect different uses or different units of measurement of a food, in which case

(a) the nutrition facts table shall set out the following information for each of the other amounts of food, namely,

(i) the amount of the food expressed in a unit specified in column 3 of subitem 1(1) of the table to section B.01.401 and, if applicable, in the manner specified in column 4 of subitems 1(1) and (2),

(ii) the energy value, expressed using a description set out in column 2 of item 2 of the table to section B.01.401, in the unit set out in column 3 and in the manner set out in column 4,

(iii) if it is declared in the nutrition facts table for the first amount of food for which information is declared, the energy value from fat, expressed using a description set out in column 2 of item 3 of the table to section B.01.402, in the unit set out in column 3 and in the manner set out in column 4, and

(iv) the information set out in column 1 of items 3, 6 to 10 and 13 of the table to section B.01.401 and in column 1 of items 9 and 14 of the table to section B.01.402 that is declared as a percentage of the daily value in the nutrition facts table for the first amount of food for which information is declared, expressed using a description set out in column 2, as a percentage of the daily value per serving of stated size and in the manner specified in column 4;

(b) if the nutrition facts table is set out in a version of the dual format specified in section B.01.458, it may also set out the amount of each of the other amounts of food expressed in the unit specified in column 3 of subitem 1(2) of the table to section B.01.401 and in the manner specified in column 4 of subitem 1(1), if that information is declared in the nutrition facts table for the first amount of food for which information is declared; and

(c) if the nutrition facts table is set out in a version of the aggregate format specified in section B.01.459 or B.01.464, it shall also set out the following information for each of the other

amounts of food, if that information is declared in the nutrition facts table for the first amount of food for which information is declared, namely,

(i) the amount of the food expressed in the unit specified in column 3 of subitem 1(2) of the table to section B.01.401 and in the manner specified in column 4 of subitem 1(1),

(ii) the information set out in column 1 of items 3 to 5 and 7 to 12 of the table to section B.01.401, expressed using a description set out in column 2, in milligrams for the information set out in column 1 of items 7 and 8 and in grams for the information set out in column 1 of items 3 to 5 and 9 to 12 and in the manner specified in column 4, and

(iii) the information set out in column 1 of items 5 to 13 of the table to section B.01.402, expressed using a description set out in column 2, in milligrams for the information set out in column 1 of item 9 and in grams for the information set out in column 1 of items 5 to 8 and 10 to 13 and in the manner specified in column 4.

(8) If the nutrition facts table of a prepackaged product that is intended solely for children under two years of age sets out information in accordance with subsection (7), it shall set out the information referred to in paragraphs (7)(a) and (c).

SOR/2003-11, s. 20.

[B.01.407 to B.01.449 reserved]

Presentation of Nutrition Facts Table

B.01.450. (1) Subject to subsections (2) to (6), the nutrition facts table shall be presented in accordance with the format specified in the applicable figure in Schedule L, having regard to matters such as order of presentation, dimensions, spacing and the use of upper and lower case letters and bold type.

(2) The characters and rules in the nutrition facts table shall be displayed in a single colour that is a visual equivalent of 100% solid black type on a white background or on a uniform neutral background with a maximum 5% tint of colour.

(3) The characters in the nutrition facts table

(a) shall be displayed in a single standard sans serif font that is not decorative and in such a manner that the characters never touch each other or the rules; and

(b) may be displayed with larger dimensions than those specified in the applicable figure in Schedule L if all the characters in the table are enlarged in a uniform manner.

(4) A rule that is specified in the applicable figure in Schedule L as being a 1 point rule or a 2 point rule may be displayed with larger dimensions in the nutrition facts table.

(5) The information in the nutrition facts table shall be in accordance with sections B.01.400 to B.01.403 and B.01.406.

(6) In a nutrition facts table consisting of a table in both English and French, the order of languages may be reversed from the order shown in the applicable figure in Schedule L.

SOR/2003-11, s. 20.

Location of Nutrition Facts Table

B.01.451. (1) Subject to subsection (2), the nutrition facts table shall be displayed on the label of the prepackaged product

(a) in a table in English and a table in French on the same continuous surface of the available display surface;

(b) in a table in both English and French on a continuous surface of the available display surface; or

(c) in a table in English on a continuous surface of the available display surface and a table in French on another continuous surface of the available display surface that is of the same size and prominence as the first surface.

(2) If in accordance with subsection B.01.012(3) or (7) the information required by these Regulations may be shown on the label of a prepackaged product in English only or in French only and is shown in that language, the nutrition facts table may be displayed on the label of the prepackaged product in a table in that language only on a continuous surface of the available display surface.

SOR/2003-11, s. 20.

Orientation of Nutrition Facts Table

B.01.452. (1) Subject to subsection (2), the nutrition facts table shall be oriented in the same manner as other information appearing on the label of the prepackaged product.

(2) If a version of a nutrition facts table cannot be oriented in the same manner as other information appearing on the label of the prepackaged product, it shall be oriented in another manner if there is sufficient space to do so and the food contained in the package does not leak out and is not damaged when the package is turned over.

(3) Subsection (1) does not apply in respect of a nutrition facts table that is set out on the top or bottom of a prepackaged product.

SOR/2003-11, s. 20.

Application

B.01.453. (1) Sections B.01.454 to B.01.460 apply to prepackaged products other than those that are intended solely for children under two years of age.

(2) Sections B.01.461 to B.01.465 apply to prepackaged products that are intended solely for children under two years of age.

SOR/2003-11, s. 20.

Standard and Horizontal Formats

B.01.454. (1) This section applies to a prepackaged product unless any of sections B.01.455 to B.01.459 applies to the product.

(2) Subject to subsection (3), the nutrition facts table of the prepackaged product shall be set out in a version that is listed in column 1 of the table to this section and in respect of which the condition specified in column 2 is satisfied.

(3) If it is not possible to display, in accordance with these Regulations on 15% or less of the available display surface of the prepackaged product, a nutrition facts table in any of the versions that is listed in column 1 of the table to this section, the nutrition facts table shall be set out in

(a) the bilingual standard format in accordance with Figure 3.5(B), 3.6(B) or 3.7(B) of Schedule L;

(b) the bilingual horizontal format in accordance with Figure 4.3(B), 4.4(B) or 4.5(B) of Schedule L;

(d) a version that is listed in column 1 of the table to this section, even though more than 15% of the available display surface would be required to display the nutrition facts table; or

(e) a manner described in section B.01.466.

(4) For the purpose of this section, in determining whether a version of a nutrition facts table cannot be displayed in accordance with these Regulations on 15% or less of the available display surface of the prepackaged product, the nutrition facts table shall include only the information that is required by these Regulations to be included in that table.

(5) Despite subsections (2) and (3), if the prepackaged product is sold only in the retail establishment where the product is packaged, is labelled by means of a sticker and has an available display surface of 200 cm2 or more, its nutrition facts table shall be set out in a version that is listed in column 1 of items 1 to 3 of Parts 1 to 3 of the table to this section, without regard to any condition specified in column 2.

(6) Despite subsections (2) and (3), if the nutrition facts table of the prepackaged product is set out on a tag attached to an ornamental container or a tag attached to a package to which a label cannot be physically applied or on which information cannot be legibly set out and easily viewed by the purchaser or consumer under the customary conditions of purchase, it shall be set out in a version that is described in paragraph (3)(a), (b) or (c) or that is listed in column 1 of the table to this section, without regard to any condition specified in column 2.

TABLE PART 1 STANDARD FORMAT

Column 1 Column 2

Item Figure in Schedule L Condition of use(Version) 1.1(E) and (F)

1. (8 point type with 12 point leading)

2. 1.2(E) and (F) The version in item 1 cannot be displayed in accordance with

Column 1 Column 2

Item Figure in Schedule L Condition of use(Version) (7 point type with these Regulations on 15% or less of the available display 11 point leading) surface. 1.3(E) and (F) The versions in items 1 and 2 cannot be displayed in

3. (7 point condensed type accordance with these Regulations on 15% or less of the with 11 point leading) available display surface. 1.4(E) and (F) The versions in items 1 to 3 cannot be displayed in accordance

4. (7 point condensed type with these Regulations on 15% or less of the available display with 10 point leading) surface. 1.5(E) and (F) The versions in items 1 to 4 cannot be displayed in accordance

5. (6 point condensed type with these Regulations on 15% or less of the available display with 10 point leading) surface. 1.6(E) and (F) The versions in items 1 to 5 cannot be displayed in accordance

6. (6 point condensed type with these Regulations on 15% or less of the available display with 9 point leading) surface.

PART 2 NARROW STANDARD FORMAT

Column 1 Column 2

Item Figure in Schedule L Condition of use(Version) 2.1(E) and (F)

1. (8 point type with 12 point leading) 2.2(E) and (F) The version in item 1 cannot be displayed in accordance with

2. (7 point type with these Regulations on 15% or less of the available display 11 point leading) surface. 2.3(E) and (F) The versions in items 1 and 2 cannot be displayed in

3. (7 point condensed type accordance with these Regulations on 15% or less of the with 11 point leading) available display surface. 2.4(E) and (F) The versions in items 1 to 3 cannot be displayed in accordance

4. (6 point condensed type with these Regulations on 15% or less of the available display with 10 point leading) surface.

PART 3 BILINGUAL STANDARD FORMAT

Column 1 Column 2

Item Figure in Schedule L Condition of use(Version) 3.1(B)

1. (8 point type with 12 point leading) 3.2(B) The version in item 1 cannot be displayed in accordance with

2. (7 point type with these Regulations on 15% or less of the available display 11 point leading) surface. 3.3(B) The versions in items 1 and 2 cannot be displayed in

3. (7 point condensed type accordance with these Regulations on 15% or less of the with 11 point leading) available display surface. 3.4(B) The versions in items 1 to 3 cannot be displayed in accordance

4. (6 point condensed type with these Regulations on 15% or less of the available display with 10 point leading) surface.

PART 4 BILINGUAL HORIZONTAL FORMAT

Column 1 Column 2

Item Figure in Schedule L Condition of use(Version) 4.1(B) The versions in Parts 1 to 3 cannot be displayed in accordance

1. (7 point condensed type with these Regulations on 15% or less of the available display with 11 point leading) surface. 4.2(B) The versions in Parts 1 to 3 and in item 1 cannot be displayed

2. (6 point condensed type in accordance with these Regulations on 15% or less of the with 10 point leading) available display surface.

SOR/2003-11, s. 20.

Simplified Formats

B.01.455. (1) This section applies to a prepackaged product if it satisfies the condition set out in subsection B.01.401(6) and its nutrition facts table includes only the information referred to in paragraphs B.01.401(6)(a) to (j).

(3) If it is not possible to display, in accordance with these Regulations on 15% or less of the available display surface of the prepackaged product, a nutrition facts table containing only the information referred to in paragraphs B.01.401(6)(a) to (j) in any of the versions that is listed in column 1 of the table to this section, the nutrition facts table shall be set out in

(a) the bilingual simplified standard format in accordance with Figure 6.5(B) or 6.6(B) of Schedule L;

(b) the bilingual simplified horizontal format in accordance with Figure 7.3(B) or 7.4(B) of Schedule L;

(d) a version that is listed in column 1 of the table to this section, even though more than 15% of the available display surface would be required to display the nutrition facts table; or

(e) a manner described in section B.01.466.

(4) Despite subsections (2) and (3), if the prepackaged product is sold only in the retail establishment where the product is packaged, is labelled by means of a sticker and has an available display surface of 200 cm2 or more, its nutrition facts table shall be set out in a version that is listed in column 1 of items 1 to 3 of Parts 1 and 2 of the table to this section, without regard to any condition specified in column 2.

(5) Despite subsections (2) and (3), if the nutrition facts table of the prepackaged product is set out on a tag attached to an ornamental container or a tag attached to a package to which a label cannot be physically applied or on which information cannot be legibly set out and easily viewed by the purchaser or consumer under the customary conditions of purchase, it shall be set out in a version that is described in paragraph (3)(a), (b) or (c) or that is listed in column 1 of the table to this section, without regard to any condition specified in column 2.

TABLE PART 1 SIMPLIFIED STANDARD FORMAT

Column 1 Column 2

Item Figure in Schedule L Condition of use(Version) 5.1(E) and (F)

1. (8 point type with 12 point leading) 5.2(E) and (F) The version in item 1 cannot be displayed in accordance with

2. (7 point type with these Regulations on 15% or less of the available display 11 point leading) surface. 5.3(E) and (F) The versions in items 1 and 2 cannot be displayed in

3. (7 point condensed type accordance with these Regulations on 15% or less of the with 11 point leading) available display surface. 5.4(E) and (F) The versions in items 1 to 3 cannot be displayed in accordance

4. (7 point condensed type with these Regulations on 15% or less of the available display with 10 point leading) surface. 5.5(E) and (F) The versions in items 1 to 4 cannot be displayed in accordance

5. with these Regulations on 15% or less of the available display (6 point condensed type surface.

Column 1 Column 2

Item Figure in Schedule L Condition of use(Version) with 10 point leading) 5.6(E) and (F) The versions in items 1 to 5 cannot be displayed in accordance

6. (6 point condensed type with these Regulations on 15% or less of the available display with 9 point leading) surface.

PART 2 BILINGUAL SIMPLIFIED STANDARD FORMAT

Column 1 Column 2

Item Figure in Schedule L Condition of use(Version) 6.1(B)

1. (8 point type with 12 point leading) 6.2(B) The version in item 1 cannot be displayed in accordance with

2. (7 point type with these Regulations on 15% or less of the available display 11 point leading) surface. 6.3(B) The versions in items 1 and 2 cannot be displayed in

3. (7 point condensed type accordance with these Regulations on 15% or less of the with 11 point leading) available display surface. 6.4(B) The versions in items 1 to 3 cannot be displayed in accordance

4. (6 point condensed type with these Regulations on 15% or less of the available display with 10 point leading) surface.

PART 3 BILINGUAL SIMPLIFIED HORIZONTAL FORMAT

Column 1 Column 2

Item Figure in Schedule L Condition of use(Version) 7.1(B) The versions in Parts 1 and 2 cannot be displayed in

1. (7 point condensed type accordance with these Regulations on 15% or less of the with 11 point leading) available display surface. 7.2(B) The versions in Parts 1 and 2 and in item 1 cannot be displayed

2. in accordance with these Regulations on 15% or less of the (6 point condensed type available display surface.

Column 1 Column 2

Item Figure in Schedule N( fersion) Condition of use

with 10 point leading)

SOR/2003-11, s. 20.

Dual Format — Foods Requiring Preparation

B.01.456. (1) Subject to subsection (2), if the nutrition facts table of a prepackaged product includes information referred to in subsection B.01.406(5), the nutrition facts table shall be set out in a version that is listed in column 1 of the table to this section and in respect of which the condition specified in column 2 is satisfied.

(2) If it is not possible to display, in accordance with these Regulations on 15% or less of the available display surface of the prepackaged product, a nutrition facts table in any of the versions that is listed in column 1 of the table to this section, the nutrition facts table shall be set out in

(a) the bilingual dual format in accordance with Figure 9.5(B) or 9.6(B) of Schedule L; or

(b) a version that is listed in column 1 of the table to this section, even though more than 15% of the available display surface would be required to display the nutrition facts table.

(3) For the purpose of this section, in determining whether a version of a nutrition facts table cannot be displayed in accordance with these Regulations on 15% or less of the available display surface of the prepackaged product, the nutrition facts table shall include only the information that is required by these Regulations to be included in the table, together with the information referred to in subsection B.01.406(5).

(4) Despite subsections (1) and (2), if the nutrition facts table of the prepackaged product is set out on a tag attached to an ornamental container or a tag attached to a package to which a label cannot be physically applied or on which information cannot be legibly set out and easily viewed by the purchaser or consumer under the customary conditions of purchase, it shall be set out in a version that is described in paragraph (2)(a) or that is listed in column 1 of the table to this section, without regard to any condition specified in column 2.

TABLE PART 1 DUAL FORMAT — FOODS REQUIRING PREPARATION

Column 1 Column 2

Item Figure in Schedule L Condition of use(Version) 8.1(E) and (F)1. (8 point type with

Column 1 Column 2

Item Figure in Schedule L Condition of use(Version) 12 point leading) 8.2(E) and (F) The version in item 1 cannot be displayed in accordance with

2. (7 point type with these Regulations on 15% or less of the available display 11 point leading) surface. 8.3(E) and (F) The versions in items 1 and 2 cannot be displayed in

3. (7 point condensed type accordance with these Regulations on 15% or less of the with 11 point leading) available display surface. 8.4(E) and (F) The versions in items 1 to 3 cannot be displayed in accordance

4. (7 point condensed type with these Regulations on 15% or less of the available display with 10 point leading) surface. 8.5(E) and (F) The versions in items 1 to 4 cannot be displayed in accordance

5. (6 point condensed type with these Regulations on 15% or less of the available display with 10 point leading) surface. 8.6(E) and (F) The versions in items 1 to 5 cannot be displayed in accordance

6. (6 point condensed type with these Regulations on 15% or less of the available display with 9 point leading) surface.

PART 2 BILINGUAL DUAL FORMAT — FOODS REQUIRING PREPARATION

Column 1 Column 2

Item Figure in Schedule L Condition of use(Version) 9.1(B)

1. (8 point type with 12 point leading) 9.2(B) The version in item 1 cannot be displayed in accordance with

2. (7 point type with these Regulations on 15% or less of the available display 11 point leading) surface. 9.3(B) The versions in items 1 and 2 cannot be displayed in

3. (7 point condensed type accordance with these Regulations on 15% or less of the with 11 point leading) available display surface. 9.4(B) The versions in items 1 to 3 cannot be displayed in accordance

4. (6 point condensed type with these Regulations on 15% or less of the available display with 10 point leading) surface.

SOR/2003-11, s. 20.

Aggregate Format — Different Kinds of Foods

B.01.457. (1) Subject to subsection (2), if the nutrition facts table of a prepackaged product includes separate information for each food or ingredient as provided in subsection B.01.406(2), paragraph B.01.406(3)(a) or subsection B.01.406(4), the nutrition facts table shall be set out in a version that is listed in column 1 of the table to this section and in respect of which the condition specified in column 2 is satisfied.

(a) in the case of a product described in subsection B.01.406(2) or (4), in

(i) the bilingual aggregate format in accordance with Figure 11.5(B) or 11.6(B) of Schedule L, or

(ii) a version that is listed in column 1 of the table to this section, even though more than 15% of the available display surface would be required to display the nutrition facts table, or

(b) in the case of a product described in paragraph B.01.406(3)(a), in

(i) the bilingual aggregate format in accordance with Figure 11.5(B) or 11.6(B) of Schedule L,

(ii) a version that is listed in column 1 of the table to this section, even though more than 15% of the available display surface would be required to display the nutrition facts table, or

(iii) a manner described in section B.01.466.

(3) For the purpose of this section, in determining whether a version of a nutrition facts table cannot be displayed in accordance with these Regulations on 15% or less of the available display surface of the prepackaged product, the nutrition facts table shall include only the information that is required by these Regulations to be included for each food or ingredient for which separate information is set out in the table.

(4) Despite subsections (1) and (2), if the nutrition facts table of the prepackaged product is set out on a tag attached to an ornamental container or a tag attached to a package to which a label cannot be physically applied or on which information cannot be legibly set out and easily viewed by the purchaser or consumer under the customary conditions of purchase, it shall be set out in a version that is described in subparagraph (2)(a)(i) or that is listed in column 1 of the table to this section, without regard to any condition specified in column 2.

TABLE PART 1 AGGREGATE FORMAT — DIFFERENT KINDS OF FOODS

Column 1 Column 2

Item Figure in Schedule L Condition of use(Version) 10.1(E) and (F)

1. (8 point type with 12 point leading) 10.2(E) and (F) The version in item 1 cannot be displayed in accordance with

2. (7 point type with these Regulations on 15% or less of the available display 11 point leading) surface. 10.3(E) and (F) The versions in items 1 and 2 cannot be displayed in

3. (7 point condensed type accordance with these Regulations on 15% or less of the with 11 point leading) available display surface. 10.4(E) and (F) The versions in items 1 to 3 cannot be displayed in accordance

4. (7 point condensed type with these Regulations on 15% or less of the available display with 10 point leading) surface. 10.5(E) and (F) The versions in items 1 to 4 cannot be displayed in accordance

5. (6 point condensed type with these Regulations on 15% or less of the available display with 10 point leading) surface. 10.6(E) and (F) The versions in items 1 to 5 cannot be displayed in accordance

6. (6 point condensed type with these Regulations on 15% or less of the available display with 9 point leading) surface.

PART 2 BILINGUAL AGGREGATE FORMAT — DIFFERENT KINDS OF FOODS

Column 1 Column 2

Item Figure in Schedule L Condition of use(Version) 11.1(B)

1. (8 point type with 12 point leading) 11.2(B) The version in item 1 cannot be displayed in accordance with

2. (7 point type with these Regulations on 15% or less of the available display 11 point leading) surface. 11.3(B) The versions in items 1 and 2 cannot be displayed in

3. (7 point condensed type accordance with these Regulations on 15% or less of the with 11 point leading) available display surface. 11.4(B) The versions in items 1 to 3 cannot be displayed in accordance

4. (6 point condensed type with these Regulations on 15% or less of the available display with 10 point leading) surface.

SOR/2003-11, s. 20.

Dual Format — Different Amounts of Food

B.01.458. (1) Subject to subsection (2), if the nutrition facts table of a prepackaged product includes separate information for different amounts of the food as provided in paragraph B.01.406(7)(a) without including the information referred to in paragraph B.01.406(7)(c), the nutrition facts table shall be set out in a version that is listed in column 1 of the table to this section and in respect of which the condition specified in column 2 is satisfied.

(a) the bilingual dual format in accordance with Figure 13.5(B) or 13.6(B) of Schedule L; or

(b) a version that is listed in column 1 of the table to this section, even though more than 15% of the available display surface would be required to display the nutrition facts table.

(3) For the purpose of this section, in determining whether a version of a nutrition facts table cannot be displayed in accordance with these Regulations on 15% or less of the available display surface of the prepackaged product, the nutrition facts table shall include only the information that is required by these Regulations to be included for each amount of the food for which separate information is set out in the table.

TABLE PART 1 DUAL FORMAT — DIFFERENT AMOUNTS OF FOOD

Column 1 Column 2

Item Figure in Schedule L Condition of use(Version) 12.1(E) and (F)

1. (8 point type with 12 point leading) 12.2(E) and (F) The version in item 1 cannot be displayed in accordance with

2. (7 point type with these Regulations on 15% or less of the available display 11 point leading) surface. 12.3(E) and (F) The versions in items 1 and 2 cannot be displayed in

3. accordance with these Regulations on 15% or less of the (7 point condensed type available display surface.

Column 1 Column 2

Item Figure in Schedule L Condition of use(Version) with 11 point leading)

4. 12.4(E) and (F) The versions in items 1 to 3 cannot be displayed in accordance (7 point condensed type with these Regulations on 15% or less of the available display with 10 point leading) surface. 12.5(E) and (F) The versions in items 1 to 4 cannot be displayed in accordance

5. (6 point condensed type with these Regulations on 15% or less of the available display with 10 point leading) surface. 12.6(E) and (F) The versions in items 1 to 5 cannot be displayed in accordance

6. (6 point condensed type with these Regulations on 15% or less of the available display with 9 point leading) surface.

PART 2 BILINGUAL DUAL FORMAT — DIFFERENT AMOUNTS OF FOOD

Column 1 Column 2

Item Figure in Schedule L Condition of use(Version) 13.1(B)

1. (8 point type with 12 point leading) 13.2(B) The version in item 1 cannot be displayed in accordance with

2. (7 point type with these Regulations on 15% or less of the available display 11 point leading) surface. 13.3(B) The versions in items 1 and 2 cannot be displayed in

3. (7 point condensed type accordance with these Regulations on 15% or less of the with 11 point leading) available display surface. 13.4(B) The versions in items 1 to 3 cannot be displayed in accordance

4. (6 point condensed type with these Regulations on 15% or less of the available display with 10 point leading) surface.

SOR/2003-11, s. 20.

Aggregate Format — Different Amounts of Food

B.01.459. (1) Subject to subsection (2), if the nutrition facts table of a prepackaged product includes separate information for different amounts of the food as provided in paragraphs B.01.406(7)(a) and (c), the nutrition facts table shall be set out in a version that is listed in column 1 of the table to this section and in respect of which the condition specified in column 2 is satisfied.

(a) the bilingual aggregate format in accordance with Figure 15.5(B) or 15.6(B) of Schedule L; or

(b) a version that is listed in column 1 of the table to this section, even though more than 15% of the available display surface would be required to display the nutrition facts table.

(3) For the purpose of this section, in determining whether a version of a nutrition facts table cannot be displayed in accordance with these Regulations on 15% or less of the available display surface of the prepackaged product, the nutrition facts table shall include only the information that is required by these Regulations to be included for each amount of the food for which separate information is set out in the table.

TABLE PART 1 AGGREGATE FORMAT — DIFFERENT AMOUNTS OF FOOD

Column 1 Column 2

Item Figure in Schedule L Condition of use(Version) 14.1(E) and (F)

1. (8 point type with 12 point leading) 14.2(E) and (F) The version in item 1 cannot be displayed in accordance with

2. (7 point type with these Regulations on 15% or less of the available display 11 point leading) surface. 14.3(E) and (F) The versions in items 1 and 2 cannot be displayed in

3. (7 point condensed type accordance with these Regulations on 15% or less of the with 11 point leading) available display surface. 14.4(E) and (F) The versions in items 1 to 3 cannot be displayed in accordance

4, (7 point condensed type with these Regulations on 15% or less of the available display with 10 point leading) surface.

Column 1 Column 2

Item Figure in Schedule L Condition of use(Version) 14.5(E) and (F) The versions in items 1 to 4 cannot be displayed in accordance

5. (6 point condensed type with these Regulations on 15% or less of the available display with 10 point leading) surface. 14.6(E) and (F) The versions in items 1 to 5 cannot be displayed in accordance

6. (6 point condensed type with these Regulations on 15% or less of the available display with 9 point leading) surface.

PART 2 BILINGUAL AGGREGATE FORMAT — DIFFERENT AMOUNTS OF FOOD

Column 1 Column 2

Item Figure in Schedule L Condition of use(Version) 15.1(B)

1. (8 point type with 12 point leading) 15.2(B) The version in item 1 cannot be displayed in accordance with

2. (7 point type with these Regulations on 15% or less of the available display 11 point leading) surface. 15.3(B) The versions in items 1 and 2 cannot be displayed in

3. (7 point condensed type accordance with these Regulations on 15% or less of the with 11 point leading) available display surface. 15.4(B) The versions in items 1 to 3 cannot be displayed in accordance

4. (6 point condensed type with these Regulations on 15% or less of the available display with 10 point leading) surface.

SOR/2003-11, s. 20.

Presentation of Additional Information

B.01.460. (1) If information referred to in column 1 of the table to section B.01.402 is included in a nutrition facts table that is set out in a version consisting of a table in English and a table in French or a table in English or French, that information shall be displayed

(a) in accordance with the order of presentation, the use of indents and the presentation of footnotes illustrated in Figures 18.1(E) and (F) of Schedule L; and

(b) in respect of matters other than those referred to in paragraph (a), in accordance with the format that is specified in the applicable figure in Schedule L.

(2) If information referred to in column 1 of the table to section B.01.402 is included in a nutrition facts table that is set out in a version consisting of a table in both English and French, that information shall be displayed

(a) in accordance with the order of presentation, the use of indents and the presentation of footnotes illustrated in Figure 19.1(B) of Schedule L; and

(b) in respect of matters other than those referred to in paragraph (a), in accordance with the format that is specified in the applicable figure in Schedule L.

(3) Despite paragraph (1)(a), the use of indents illustrated in Figures 18.1(E) and (F) of Schedule L is not applicable if information referred to in column 1 of the table to section B.01.402 is set out in the linear format referred to in paragraph B.01.454(3)(c) or the simplified linear format referred to in paragraph B.01.455(3)(c).

SOR/2003-11, s. 20.

Standard and Horizontal Formats — Children under Two Years of Age

[SOR/2003-11, s. 20; err.(E), Vol. 137, No. 5]

B.01.461. (1) This section applies to a prepackaged product that is intended solely for children under two years of age unless section B.01.462, B.01.463 or B.01.464 applies to the product.

(a) the bilingual standard format in accordance with Figure 22.5(B), 22.6(B) or 22.7(B) of Schedule L;

(b) the bilingual horizontal format in accordance with Figure 23.3(B) or 23.4(B) of Schedule L;

(d) a version that is listed in column 1 of the table to this section, even though more than 15% of the available display surface would be required to display the nutrition facts table; or

(e) a manner described in section B.01.466.

TABLE

PART 1 STANDARD FORMAT — CHILDREN UNDER TWO YEARS OF AGE

Column 1 Column 2

Item Figure in Schedule L Condition of use(Version) 20.1(E) and (F)

1. (8 point type with 12 point leading) 20.2(E) and (F) The version in item 1 cannot be displayed in accordance with

2. (7 point type with these Regulations on 15% or less of the available display 11 point leading) surface. 20.3(E) and (F) The versions in items 1 and 2 cannot be displayed in

3. (7 point condensed type accordance with these Regulations on 15% or less of the with 11 point leading) available display surface. 20.4(E) and (F) The versions in items 1 to 3 cannot be displayed in accordance

4. (7 point condensed type with these Regulations on 15% or less of the available display with 10 point leading) surface. 20.5(E) and (F) The versions in items 1 to 4 cannot be displayed in accordance

5. (6 point condensed type with these Regulations on 15% or less of the available display with 10 point leading) surface. 20.6(E) and (F) The versions in items 1 to 5 cannot be displayed in accordance

6. (6 point condensed type with these Regulations on 15% or less of the available display with 9 point leading) surface.

PART 2 NARROW STANDARD FORMAT — CHILDREN UNDER TWO YEARS OF AGE

Column 1 Column 2

Item Figure in Schedule L Condition of use(Version) 21.1(E) and (F)

1. (8 point type with 12 point leading) 21.2(E) and (F) The version in item 1 cannot be displayed in accordance with2. (7 point type with these Regulations on 15% or less of the available display

Column 1 Column 2

Item Figure in Schedule L Condition of use(Version) 11 point leading) surface. 21.3(E) and (F) The versions in items 1 and 2 cannot be displayed in

3. (7 point condensed type accordance with these Regulations on 15% or less of the with 11 point leading) available display surface. 21.4(E) and (F) The versions in items 1 to 3 cannot be displayed in accordance

4. (6 point condensed type with these Regulations on 15% or less of the available display with 10 point leading) surface.

PART 3 BILINGUAL STANDARD FORMAT — CHILDREN UNDER TWO YEARS OF AGE

Column 1 Column 2

Item Figure in Schedule L Condition of use(Version) 22.1(B)

1. (8 point type with 12 point leading) 22.2(B) The version in item 1 cannot be displayed in accordance with

2. (7 point type with these Regulations on 15% or less of the available display 11 point leading) surface. 22.3(B) The versions in items 1 and 2 cannot be displayed in

3. (7 point condensed type accordance with these Regulations on 15% or less of the with 11 point leading) available display surface. 22.4(B) The versions in items 1 to 3 cannot be displayed in accordance

4. (6 point condensed type with these Regulations on 15% or less of the available display with 10 point leading) surface.

PART 4 BILINGUAL HORIZONTAL FORMAT — CHILDREN UNDER TWO YEARS OF AGE

Column 1 Column 2

Item Figure in Schedule L Condition of use(Version) 23.1(B) The versions in Parts 1 to 3 cannot be displayed in accordance

1. (7 point condensed type with these Regulations on 15% or less of the available display with 11 point leading) surface. 23.2(B) The versions in Parts 1 to 3 and in item 1 cannot be displayed

2. (6 point condensed type in accordance with these Regulations on 15% or less of the with 10 point leading) available display surface.

SOR/2003-11, s. 20.

Simplified Formats — Children under Two Years of Age

B.01.462. (1) This section applies to a prepackaged product that is intended solely for children under two years of age if it satisfies the condition set out in subsection B.01.403(5) and its nutrition facts table includes only the information referred to in paragraphs B.01.403(5)(a) to (k).

(3) If it is not possible to display, in accordance with these Regulations on 15% or less of the available display surface of the prepackaged product, a nutrition facts table containing only the information referred to in paragraphs B.01.403(5)(a) to (k) in any of the versions that is listed in column 1 of the table to this section, the nutrition facts table shall be set out in

(a) the bilingual simplified standard format in accordance with Figure 25.5(B) or 25.6(B) of Schedule L;

(b) the bilingual simplified horizontal format in accordance with Figure 26.3(B) or 26.4(B) of Schedule L;

(d) a version that is listed in column 1 of the table to this section, even though more than 15% of the available display surface would be required to display the nutrition facts table; or

(e) a manner described in section B.01.466.

TABLE PART 1 SIMPLIFIED STANDARD FORMAT — CHILDREN UNDER TWO YEARS OF AGE

Column 1 Column 2

Item Figure in Schedule L Condition of use(Version) 24.1(E) and (F)

1. (8 point type with 12 point leading) 24.2(E) and (F) The version in item 1 cannot be displayed in accordance with

2. (7 point type with these Regulations on 15% or less of the available display 11 point leading) surface. 24.3(E) and (F) The versions in items 1 and 2 cannot be displayed in

3. (7 point condensed type accordance with these Regulations on 15% or less of the with 11 point leading) available display surface. 24.4(E) and (F) The versions in items 1 to 3 cannot be displayed in accordance

4. (7 point condensed type with these Regulations on 15% or less of the available display with 10 point leading) surface. 24.5(E) and (F) The versions in items 1 to 4 cannot be displayed in accordance

5. (6 point condensed type with these Regulations on 15% or less of the available display with 10 point leading) surface. 24.6(E) and (F) The versions in items 1 to 5 cannot be displayed in accordance

6. (6 point condensed type with these Regulations on 15% or less of the available display with 9 point leading) surface.

PART 2 BILINGUAL SIMPLIFIED STANDARD FORMAT — CHILDREN UNDER TWO YEARS OF AGE

Column 1 Column 2

Item Figure in Schedule L Condition of use(Version) 25.1(B)

1. (8 point type with 12 point leading) 25.2(B) The version in item 1 cannot be displayed in accordance with

2. (7 point type with these Regulations on 15% or less of the available display 11 point leading) surface. 25.3(B) The versions in items 1 and 2 cannot be displayed in

3. (7 point condensed type accordance with these Regulations on 15% or less of the with 11 point leading) available display surface. 25.4(B) The versions in items 1 to 3 cannot be displayed in accordance

4. with these Regulations on 15% or less of the available display (6 point condensed type surface.

Column 1 Column 2

Item Figure in Schedule L Condition of use(Version) with 10 point leading)

PART 3 BILINGUAL SIMPLIFIED HORIZONTAL FORMAT — CHILDREN UNDER TWO YEARS OF AGE

Column 1 Column 2

Item Figure in Schedule L Condition of use(Version) 26.1(B) The versions in Parts 1 and 2 cannot be displayed in

1. (7 point condensed type accordance with these Regulations on 15% or less of the with 11 point leading) available display surface. 26.2(B) The versions in Parts 1 and 2 and in item 1 cannot be displayed

2. (6 point condensed type in accordance with these Regulations on 15% or less of the with 10 point leading) available display surface.

SOR/2003-11, s. 20.

Aggregate Format — Different Kinds of Foods — Children under Two Years of Age

B.01.463. (1) Subject to subsection (2), if the nutrition facts table of a prepackaged product that is intended solely for children under two years of age includes separate information for each food or ingredient as provided in subsection B.01.406(2), paragraph B.01.406(3)(a) or subsection B.01.406(4), the nutrition facts table shall be set out in a version that is listed in column 1 of the table to this section and in respect of which the condition specified in column 2 is satisfied.

(a) in the case of a product described in subsection B.01.406(2) or (4), in

(i) the bilingual aggregate format in accordance with Figure 28.5(B) or 28.6(B) of Schedule L, or

(ii) a version that is listed in column 1 of the table to this section, even though more than 15% of the available display surface would be required to display the nutrition facts table, or

(b) in the case of a product described in paragraph B.01.406(3)(a), in

(i) the bilingual aggregate format in accordance with Figure 28.5(B) or 28.6(B) of Schedule L,

(ii) a version that is listed in column 1 of the table to this section, even though more than 15% of the available display surface would be required to display the nutrition facts table, or

(iii) a manner described in section B.01.466.

(3) For the purpose of this section, in determining whether a version of a nutrition facts table cannot be displayed in accordance with these Regulations on 15% or less of the available display surface of the prepackaged product, the nutrition facts table shall include only the information that is required by these Regulations to be included for each food or ingredient for which separate information is set out in the table.

TABLE PART 1 AGGREGATE FORMAT — DIFFERENT KINDS OF FOODS — CHILDREN UNDER TWO YEARS OF AGE

Column 1 Column 2

Item Figure in Schedule L Condition of use(Version) 27.1(E) and (F)

1. (8 point type with 12 point leading) 27.2(E) and (F) The version in item 1 cannot be displayed in accordance with

2. (7 point type with these Regulations on 15% or less of the available display 11 point leading) surface. 27.3(E) and (F) The versions in items 1 and 2 cannot be displayed in

3. (7 point condensed type accordance with these Regulations on 15% or less of the with 11 point leading) available display surface. 27.4(E) and (F) The versions in items 1 to 3 cannot be displayed in accordance

4. (7 point condensed type with these Regulations on 15% or less of the available display with 10 point leading) surface. 27.5(E) and (F) The versions in items 1 to 4 cannot be displayed in accordance

5. (6 point condensed type with these Regulations on 15% or less of the available display with 10 point leading) surface. 27.6(E) and (F) The versions in items 1 to 5 cannot be displayed in accordance

6. (6 point condensed type with these Regulations on 15% or less of the available display with 9 point leading) surface.

PART 2

BILINGUAL AGGREGATE FORMAT — DIFFERENT KINDS OF FOODS — CHILDREN UNDER TWO YEARS OF AGE

Column 1 Column 2

Item Figure in Schedule L Condition of use(Version) 28.1(B)

1. (8 point type with 12 point leading) 28.2(B) The version in item 1 cannot be displayed in accordance with

2. (7 point type with these Regulations on 15% or less of the available display 11 point leading) surface. 28.3(B) The versions in items 1 and 2 cannot be displayed in

3. (7 point condensed type accordance with these Regulations on 15% or less of the with 11 point leading) available display surface. 28.4(B) The versions in items 1 to 3 cannot be displayed in accordance

4. (6 point condensed type with these Regulations on 15% or less of the available display with 10 point leading) surface.

SOR/2003-11, s. 20.

Aggregate Format — Different Amounts of Food — Children under Two Years of Age

B.01.464. (1) Subject to subsection (2), if the nutrition facts table of a prepackaged product that is intended solely for children under two years of age includes separate information for different amounts of the food as provided in subsection B.01.406(8), the nutrition facts table shall be set out in a version that is listed in column 1 of the table to this section and in respect of which the condition specified in column 2 is satisfied.

(a) the bilingual aggregate format in accordance with Figure 30.5(B) or 30.6(B) of Schedule L; or

(b) a version that is listed in column 1 of the table to this section, even though more than 15% of the available display surface would be required to display the nutrition facts table.

(3) For the purpose of this section, in determining whether a version of a nutrition facts table cannot be displayed in accordance with these Regulations on 15% or less of the available display surface of the prepackaged product, the nutrition facts table shall include only the information that is required by these Regulations to be included for each amount of the food for which separate information is set out in the table.

TABLE PART 1 AGGREGATE FORMAT — DIFFERENT AMOUNTS OF FOOD — CHILDREN UNDER TWO YEARS OF AGE

Column 1 Column 2

Item Figure in Schedule L Condition of use(Version) 29.1(E) and (F)

1. (8 point type with 12 point leading) 29.2(E) and (F) The version in item 1 cannot be displayed in accordance with

2. (7 point type with these Regulations on 15% or less of the available display 11 point leading) surface. 29.3(E) and (F) The versions in items 1 and 2 cannot be displayed in

3. (7 point condensed type accordance with these Regulations on 15% or less of the with 11 point leading) available display surface. 29.4(E) and (F) The versions in items 1 to 3 cannot be displayed in accordance

4. (7 point condensed type with these Regulations on 15% or less of the available display with 10 point leading) surface. 29.5(E) and (F) The versions in items 1 to 4 cannot be displayed in accordance

5. (6 point condensed type with these Regulations on 15% or less of the available display with 10 point leading) surface. 29.6(E) and (F) The versions in items 1 to 5 cannot be displayed in accordance

6. (6 point condensed type with these Regulations on 15% or less of the available display with 9 point leading) surface.

PART 2 BILINGUAL AGGREGATE FORMAT — DIFFERENT AMOUNTS OF FOOD — CHILDREN UNDER TWO YEARS OF AGE

Column 1 Column 2

Item Figure in Schedule N( fersion) 30.1(B)

1. (8 point type with 12 point leading) 30.2(B)

2. (7 point type with 11 point leading) 30.3(B)

3. (7 point condensed type with 11 point leading) 30.4(B)

4. (6 point condensed type with 10 point leading)

SOR/2003-11, s. 20.

Condition of use

The version in item 1 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.

The versions in items 1 and 2 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.

The versions in items 1 to 3 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.

Presentation of Additional Information — Children under Two Years of Age

B.01.465. (1) This section applies to a prepackaged product that is intended solely for children under two years of age.

(2) If information referred to in column 1 of the table to section B.01.402 is included in a nutrition facts table that is set out in a version consisting of a table in English and a table in French or a table in English or French, that information shall be displayed

(a) in accordance with the order of presentation and the use of indents illustrated in Figures 33.1(E) and (F) of Schedule L; and

(b) in respect of matters other than those referred to in paragraph (a), in accordance with the format that is specified in the applicable figure in Schedule L.

(3) If information referred to in column 1 of the table to section B.01.402 is included in a nutrition facts table that is set out in a version consisting of a table in both English and French, that information shall be displayed

(a) in accordance with the order of presentation and the use of indents illustrated in Figure 34.1(B) of Schedule L; and

(b) in respect of matters other than those referred to in paragraph (a), in accordance with the format that is specified in the applicable figure in Schedule L.

(4) Despite paragraph (2)(a), the use of indents illustrated in Figures 33.1(E) and (F) of Schedule L is not applicable if information referred to in column 1 of the table to section B.01.402 is set out in the linear format referred to in paragraph B.01.461(3)(c) or the simplified linear format referred to in paragraph B.01.462(3)(c).

SOR/2003-11, s. 20.

Alternative Methods of Presentation

B.01.466. (1) Despite section A.01.016, the nutrition facts table of a prepackaged product that meets the condition specified in subsection B.01.454(3) or B.01.455(3), paragraph B.01.457(2)(b), subsection B.01.461(3) or B.01.462(3) or paragraph B.01.463(2)(b) may be set out on

(a) a tag attached to the package;

(b) a package insert;

(d) a fold-out label; or

(e) an outer sleeve, overwrap or collar.

(2) If the nutrition facts table is set out in a manner described in paragraph (1)(b) or (c), the outer side of the label of the package shall indicate in a type size of not less than 8 points where the nutrition facts table is located.

(3) If the nutrition facts table is set out in a manner described in subsection (1), it shall be set out

(a) in the case of a product described in subsection B.01.454(3), in a version that is described in paragraph B.01.454(3)(a), (b) or (c) or that is listed in column 1 of the table to section B.01.454;

(b) in the case of a product described in subsection B.01.455(3), in a version that is described in paragraph B.01.455(3)(a), (b) or (c) or that is listed in column 1 of the table to section B.01.455;

(c) in the case of a product described in paragraph B.01.457(2)(b), in a version that is described in subparagraph B.01.457(2)(b)(i) or that is listed in column 1 of the table to section B.01.457;

(d) in the case of a product described in subsection B.01.461(3), in a version that is described in paragraph B.01.461(3)(a), (b) or (c) or that is listed in column 1 of the table to section B.01.461;

(e) in the case of a product described in subsection B.01.462(3), in a version that is described in paragraph B.01.462(3)(a), (b) or (c) or that is listed in column 1 of the table to section B.01.462; and

(f) in the case of a product described in paragraph B.01.463(2)(b), in a version that is described in subparagraph B.01.463(2)(b)(i) or that is listed in column 1 of the table to section B.01.463.

SOR/2003-11, s. 20.

Small Packages

B.01.467. (1) Despite section A.01.016 and subject to subsection (2), if the available display surface of a prepackaged product is less than 100 cm2, the label of the product need not carry a nutrition facts table if the outer side of the label contains an indication of how a purchaser or consumer may obtain the nutrition information that would otherwise be required to be set out in a nutrition facts table on the label of the product.

(2) Subsection (1) does not apply to a prepackaged product that is

(a) described in paragraph B.01.401(3)(a), (b), (c) or (e); or

(b) contained in a package to which a label cannot be physically applied or on which information cannot be legibly set out and easily viewed by the purchaser or consumer under the customary conditions of purchase.

(3) An indication referred to in subsection (1)

(a) shall be set out in a type size of not less than 8 points;

(b) shall include a postal address or a toll-free telephone number; and

(i) in English and French, or

(ii) in one of those languages, if in accordance with subsection B.01.012(3) or (7) the information that is required by these Regulations to be shown on the label of the product may be shown in that language only and is shown on the label in that language.

(4) The manufacturer of the prepackaged product shall provide the information referred to in subsection (1) to a purchaser or consumer on request

(a) without charge;

(b) in the following manner, namely,

(i) in the official language in which the information is requested or, if specified by the purchaser or consumer, in both official languages, or

(ii) in one of the official languages, if in accordance with subsection B.01.012(3) or (7) the information that is required by these Regulations to be shown on the label of the product may be shown in that language only and is shown on the label in that language; and

(i) in a format, other than a horizontal format, that is specified in any of sections B.01.454 to B.01.459 or B.01.461 to B.01.464 and that would otherwise be carried on the label of the product in accordance with these Regulations, and

(ii) in a version of that format that is listed in column 1 of item 1 of any Part of the table to the applicable section referred to in subparagraph (i).

(5) In this section, “official languages” means the English language and the French language.

SOR/2003-11, s. 20.

[B.01.468 to B.01.499 reserved]

Nutrient Content Claims

Interpretation

B.01.500. (1) The following definitions apply in this section and in the table following section B.01.513.

“combination foods” means the category of food to which belong foods that contain as ingredients foods from more than one food group, or foods from one or more food groups mixed with foods from the category of other foods, such as pizza or lasagna. (aliments composés)

“food group” means one of the following categories of foods:

(a) milk products, and milk product alternatives such as fortified plant-based beverages;

(b) meat, poultry and fish, and alternatives such as legumes, eggs, tofu or peanut butter;

(d) vegetables and fruit. (groupe alimentaire)

“other foods” means the category of food to which belong foods that are not part of any food group, including

(a) foods that are mostly fats, such as butter, margarine, oil or lard;

(b) foods that are mostly sugars, such as jam, honey, syrup or confectionery;

(d) beverages, such as water, tea, coffee or soft drinks; and

(e) herbs, spices and condiments, such as pickles, mustard or ketchup. (autres aliments)

“reference food of the same food group” means a food that can be substituted in the diet for the food to which it is compared and that belongs to

(a) the same food group as the food to which it is compared, such as cheese as a reference food for milk, or chicken as a reference food for tofu;

(b) the category of other foods, if the food to which it is compared also belongs to that category, such as pretzels as a reference food for potato chips; or

(c) the category of combination foods, if the food to which it is compared also belongs to that category, such as pizza as a reference food for lasagna. (aliment de référence du même groupe alimentaire)

“similar reference food” means a food of the same type as the food to which it is compared and that has not been processed, formulated, reformulated or otherwise modified in a manner that increases or decreases the energy value or the amount of a nutrient that is the subject of the comparison, such as whole milk as a similar reference food for partly skimmed milk or regular chocolate chip cookies as a similar reference food for fat-reduced chocolate chip cookies. (aliment de référence similaire)

(2) The similar reference food referred to in column 3 of item 45 of the table following section B.01.513, with respect to the subject “light in energy or fat” set out in column 1, shall have a nutrient value that is representative of foods of that type that have not been processed,

formulated, reformulated or otherwise modified in a manner that increases the energy value or the amount of fat.

SOR/2003-11, s. 20; SOR/2007-302, s. 4(F). Previous Version Languages

B.01.501. The representations provided for in sections B.01.503 to B.01.513 that appear on the label of a food shall be

(a) in English and French; or

SOR/2003-11, s. 20.

Statements or Claims

B.01.502. (1) No person shall, on the label of or in any advertisement for a food, make a representation, express or implied, that characterizes the energy value of the food or the amount of a nutrient contained in the food.

(2) Subsection (1) does not apply to

(a) a representation otherwise provided for in these Regulations;

(b) a representation provided for by section 35 of the Processed Products Regulations;

(d) a representation that characterizes the amount of lactose in a food;

(e) a representation that characterizes the addition of salt to a food, other than any statement or claim set out in column 4 of the table following section B.01.513;

(f) a representation that characterizes the addition of sugars to a food, other than any statement or claim set out in column 4 of the table following section B.01.513;

(g) a representation that characterizes the amount of starch in a food, if the food is intended solely for children under two years of age;

(h) the representations “defatted (naming the food)”, “demineralized (naming the food)” and “high (naming the monosaccharide or disaccharide) (naming the syrup)”;

(i) a representation that characterizes the amount of a fatty acid in a vegetable oil and forms part of its common name;

(j) a representation that characterizes the amount of alcohol in beverages that contain more than 0.5% alcohol;

(k) the representation “light salted” with respect to fish; or

(l) the English representation “lean” with respect to a prepackaged meal represented for use in a weight reduction diet or a weight maintenance diet.

SOR/2003-11, s. 20.

B.01.503. (1) A person may, on the label of or in any advertisement for a food, make a statement or claim set out in column 4 of the table following section B.01.513, with respect to a subject set out in column 1, if

(a) the food meets the applicable conditions set out in column 2;

(b) the label or advertisement meets the conditions, if any, set out in column 3, in accordance with sections B.01.504 to B.01.506; and

(c) in the case of a food that is not a prepackaged product, or a prepackaged product for which an advertisement is not made or placed by or on the direction of the manufacturer of the product, the label or advertisement includes, per serving of stated size, and in accordance with section B.01.505 or B.01.506 if applicable,

(i) the declaration of the energy value, if the energy value is the subject of the statement or claim, or

(ii) the amount of the nutrient, if a nutrient is the subject of the statement or claim.

(2) Despite subsection (1), no person shall, on the label of or in any advertisement for a food that is intended solely for children under two years of age, make a statement or claim set out in column 4 of the table following section B.01.513, unless it is a statement or claim respecting one of the following subjects set out in column 1:

(a) “source of protein”, set out in item 8;

(b) “excellent source of protein”, set out in item 9;

(d) “no added sodium or salt”, set out in item 35; or

(e) “no added sugars”, set out in item 40.

(3) If a statement or claim set out in column 4 of the table following section B.01.513 is made on the label of or in any advertisement for a food, all the words, numbers, signs or symbols that constitute the statement or claim shall be of the same size and prominence.

(4) In the English version of the statements or claims, the word “fibre” may be spelled as “fiber”.

SOR/2003-11, s. 20.

B.01.504. If a statement or claim set out in column 4 of the table following section B.01.513 is made on the label of a food, the information required under the conditions set out in column 3 shall be

(a) adjacent to, without any intervening printed, written or graphic material,

(i) the statement or claim, if the statement or claim is made only once, or

(ii) the most prominent statement or claim on the principal display panel or, if none appears there, the most prominent statement or claim elsewhere on the label, if the statement or claim is made more than once; and

(b) shown in letters of at least the same size and prominence as

(i) those of the statement or claim, if the statement or claim is made only once, or

(ii) those of the most prominent statement or claim on the principal display panel or, if none appears there, the most prominent statement or claim elsewhere on the label, if the statement or claim is made more than once.

SOR/2003-11, s. 20.

B.01.505. If a statement or claim set out in column 4 of the table following section B.01.513 is made in an advertisement for a food, other than a radio or television advertisement, the information required under the conditions set out in column 3 and, if applicable, the information required by paragraph B.01.503(1)(c), shall be

SOR/2003-11, s. 20.

B.01.506. (1) If a statement or claim set out in column 4 of the table following section B.01.513 is made in a radio or television advertisement, the information required under the conditions set out in column 3 and, if applicable, the information required by paragraph B.01.503(1)(c), shall be provided in the advertisement, except for the information required under the condition set out in paragraph (a) of column 3, in respect of the following subjects set out in column 1, which may be on the label:

(a) “reduced in energy”, set out in item 3;

(b) “reduced in fat”, set out in item 13;

(d) “reduced in trans fatty acids”, set out in item 23;

(e) “reduced in cholesterol”, set out in item 29;

(f) “reduced in sodium or salt”, set out in item 33;

(g) “lightly salted”, set out in item 36;

(h) “reduced in sugars”, set out in item 38; and

(i) “light in energy or fat”, set out in item 45.

(2) Despite subsection (1), if the statement or claim is made in a radio or television advertisement that is not made or placed by or on the direction of the manufacturer of the food, the information required under the condition set out in paragraph (a) of column 3 of the table following section B.01.513, in respect of the subjects set out in paragraphs (1)(a) to (i), shall be provided in the advertisement.

(3) If the information required under the conditions set out in column 3 of the table following section B.01.513 and the information required by paragraph B.01.503(1)(c) is provided in a radio advertisement or in the audio portion of a television advertisement, that information shall immediately precede or follow the statement or claim.

(4) In the case of a television advertisement, the information required under the conditions set out in column 3 of the table following section B.01.513 and, if applicable, the information required by paragraph B.01.503(1)(c), shall be communicated

(a) in the audio mode, if the statement or claim is made only in the audio portion of the advertisement or in both the audio and visual portions; or

(b) in the audio or visual mode, if the statement or claim is made only in the visual portion of the advertisement.

(5) If the information required under the conditions set out in column 3 of the table following section B.01.513 and the information required by paragraph B.01.503(1)(c) is communicated in the visual mode of a television advertisement, it shall

(a) appear concurrently with and for at least the same amount of time as the statement or claim;

SOR/2003-11, s. 20.

B.01.507. A person may, on the label of or in any advertisement for a food, make a representation, express or implied, that the food is for use in an energy-reduced diet, if a statement or claim set out in column 4 of the table following section B.01.513, in respect of any of the following subjects set out in column 1, is made on the label of or in the advertisement for the food, in accordance with section B.01.503:

(a) “free of energy”, set out in item 1;

(b) “low in energy”, set out in item 2;

(d) “lower in energy”, set out in item 4; or

(e) “free of sugars”, set out in item 37.

SOR/2003-11, s. 20.

B.01.508. A person may, on the label of or in any advertisement for a food, make a representation, express or implied, that the food is for use in a sodium-restricted diet, if a statement or claim set out in column 4 of the table following section B.01.513, in respect of any of the following subjects set out in column 1, is made on the label of or in the advertisement for the food, in accordance with section B.01.503:

(a) “free of sodium or salt”, set out in item 31;

(b) “low in sodium or salt”, set out in item 32;

(d) “lower in sodium or salt”, set out in item 34.

SOR/2003-11, s. 20.

B.01.509. A person may, on the label of or in any advertisement for a food, make the statement or claim that the food is “unsweetened” if the food meets the conditions set out in column 2 of item 40 of the table following section B.01.513 for the subject “no added sugars” set out in column 1 and the food does not contain a sweetener set out in column I of Table IX to section B.16.100.

SOR/2003-11, s. 20.

B.01.510. A statement or claim set out in column 4 of the table following section B.01.513, respecting the following subjects set out in column 1, that is made on the label of or in an advertisement for a breakfast cereal with milk, shall be accompanied by an indication that it refers to 30 g of the breakfast cereal combined with 125 mL of milk:

(a) “source of protein”, set out in item 8;

(b) “excellent source of protein”, set out in item 9; and

SOR/2003-11, s. 20.

B.01.511. (1) For greater certainty and subject to subsections (2) to (4), a statement or claim set out in column 4 of the table following section B.01.513 that is made on the label of or in any advertisement for a food may be preceded or followed by other words, numbers, signs or symbols, but none of those shall be interposed between the words, numbers, signs or symbols of the statement or claim.

(2) The words “very”, “ultra” and “extra”, and all other words, numbers, signs or symbols that modify the nature of a statement or claim, shall not precede or follow the statement or claim.

(3) A statement or claim that is made on the label of or in any advertisement for a food that has not been processed, formulated, reformulated or otherwise modified to meet the conditions set out in column 2 of the table following section B.01.513 shall not be accompanied by the brand name of the food.

(4) Any words, numbers, signs or symbols preceding or following the statement or claim referred to in subsection (3) shall accompany the statement or claim in such a manner that the statement or claim characterizes all foods of that type, and not only the specific food.

SOR/2003-11, s. 20.

B.01.512. If a food meets the conditions set out in column 2 of the table following section B.01.513 for more than one of the subjects set out in column 1, it is not necessary to repeat the common element of the statements or claims set out in column 4 that are used on the label of or in the advertisement for the food, and the remaining elements may be joined by means of a conjunction or punctuation, as appropriate.

SOR/2003-11, s. 20.

Sensory Characteristic

B.01.513. (1) No person shall, on the label of or in any advertisement for a food, make the statement or claim “light” or “léger” — including any phonetic rendering of that statement or claim — respecting a sensory characteristic of the food unless the following conditions are met:

(a) if the statement or claim “light” or “léger” is made on the label of a food, the sensory characteristic shall be

(i) adjacent to, without any intervening printed, written or graphic material,

(A) the statement or claim, if the statement or claim is made only once, or

(B) the most prominent statement or claim on the principal display panel or, if none appears there, the most prominent statement or claim elsewhere on the label, if the statement or claim is made more than once, and

(ii) shown in letters of at least the same size and prominence as

(A) those of the statement or claim, if the statement or claim is made only once, or

(B) those of the most prominent statement or claim on the principal display panel or, if none appears there, the most prominent statement or claim elsewhere on the label, if the statement or claim is made more than once;

(b) if the statement or claim “light” or “léger” is made in an advertisement for a food, other than a radio or television advertisement, the sensory characteristic shall be

(i) adjacent to, without any intervening printed, written or graphic material, the statement or claim, if the statement or claim is made only once, or the most prominent statement or claim, if the statement or claim is made more than once, and

(ii) shown in letters of at least the same size and prominence as those of the statement or claim, if the statement or claim is made only once, or the most prominent statement or claim, if the statement or claim is made more than once;

(c) if the statement or claim “light” or “léger” is made in a radio advertisement or in the audio portion of a television advertisement, the sensory characteristic shall immediately precede or follow the statement or claim; and

(d) if the statement or claim “light” or “léger” is made in the visual portion of a television advertisement, the sensory characteristic shall

(i) appear concurrently with and for the same amount of time as the statement or claim,

(ii) be adjacent to, without any intervening printed, written or graphic material, the statement or claim, if the statement or claim is made only once, or the most prominent statement or claim, if the statement or claim is made more than once, and

(iii) be shown in letters of at least the same size and prominence as those of the statement or claim, if the statement or claim is made only once, or the most prominent statement or claim, if the statement or claim is made more than once.

(2) Subsection (1) does not apply to

(a) the English statement or claim “light” when used in accordance with subsection 12(1) of the Maple Products Regulations; or

(b) the statement or claim “light” or “léger” when used with respect to rum.

TABLE

Column 1 Column 2 Column 3 Column 4 Conditions — LabelItem Subject Conditions — Food Statement or Claimor Advertisement

“energy-free”, “free of energy”, “no energy”, “0 energy”, “zero energy”,

The food provides less “without energy”, than 5 Calories or “contains no energy”,Free of1. 21 kilojoules per “Calorie-free”, “free ofenergy reference amount and Calories”, “no Calories”, serving of stated size. “0 Calories”, “zero

Calories”, “without Calories” or “contains no Calories”

Low in2. The food providesenergy “low energy”, “low in (a) 40 Calories or energy”, “low source of 167 kilojoules or less per energy”, “little energy”, reference amount and “low Calorie”, “low in serving of stated size Calories”, “low source of and, in the case of a food Calories”, “contains only other than a table-top (number) Calories per sweetener, if the serving”, “contains less reference amount is 30 g than (number) Calories per or 30 mL or less, per serving” or “few Calories” 50 g; or (b) 120 Calories or 500 kilojoules or less per 100 g, if the food is a prepackaged meal.

“reduced energy”, “reduced in energy”,

3. Reduced in (1) The food is The following are “energy-reduced”, “less energy processed, formulated, identified: energy”, “lower energy”,

reformulated or otherwise modified so

Column 1

Item Subject

Lower in4. energy

Column 2

Conditions — Food

that it provides at least 25% less energy

(a) per reference amount of the food, than the reference amount of the similar reference food; or

(b) per 100 g, than 100 g of the similar reference food, if the food is a prepackaged meal.

(2) The similar reference food does not meet the conditions set out in column 2 of item 2 for the subject “low in energy” set out in column 1.

(1) The food provides at least 25% less energy (a) per reference amount of the food, than the reference amount of the reference food of the same food group; or

(b) per 100 g, than 100 g of the reference food of the same food group, if the food is a prepackaged meal.

(2) The reference food of the same food group does not meet the conditions set out in column 2 of item 2 for the subject “low in

Column 3 Conditions — Label or Advertisement

(a) the similar reference food;

(b) the amounts of the food and the similar reference food being compared, if those amounts are not equal; and (c) the difference in energy value compared to the similar reference food, per serving of stated size, expressed as a percentage or fraction or in Calories. The following are identified:

(a) the reference food of the same food group;

(b) the amounts of the food and the reference food of the same food group being compared, if those amounts are not equal; and (c) the difference in energy value compared to the reference food of the same food group, per serving

Column 4

Statement or Claim

“lower in energy”, “reduced Calorie”, “reduced in Calories”, “Calorie-reduced”, “less Calories”, “lower Calories”, “lower in Calories” or “fewer Calories”

“less energy”, “lower energy”, “lower in energy”, “less Calories”, “lower Calorie”, “lower in Calories” or “fewer Calories”

Column 1

Item Subject

Source of5. energy

6. More energy

Low in7. protein

Column 2

Conditions — Food

energy” set out in column 1.

The food provides at least 100 Calories or 420 kilojoules per reference amount and serving of stated size.

The food provides at least 25% more energy, totalling at least 100 more Calories or 420 more kilojoules (a) per reference amount of the food, than the reference amount of the reference food of the same food group or the similar reference food; or

(b) per 100 g, than 100 g of the reference food of the same food group or the similar reference food, if the food is a prepackaged meal.

The food contains no more than 1 g of protein

Column 3 Conditions — Label or Advertisement of stated size, expressed as a percentage or fraction or in Calories.

The following are identified:

(a) the reference food of the same food group or the similar reference food;

(b) the amounts of the food and the reference food of the same food group or the similar reference food being compared, if those amounts are not equal; and (c) the difference in energy value compared to the reference food of the same food group or the similar reference food, per serving of stated size, expressed as a percentage or fraction or in Calories.

Column 4

Statement or Claim

“source of energy”, “contains energy”, “provides energy”, “source of Calories”, “contains Calories” or “provides Calories”

“more Calories”, “contains more Calories”, “higher Calories” or “higher in Calories”

“low protein”, “low in protein”, “low source of

Column 1 Column 2 Column 3 Column 4 Conditions — LabelItem Subject Conditions — Food Statement or Claimor Advertisement

per 100 g of the food. protein”, “contains only (number) g of protein per serving” or “contains less than (number) g of protein per serving”

The food has a protein rating of 20 or more, as “source of protein”, determined by official “contains protein”, “goodSource of8. method FO-1, source of protein”, “highprotein Determination of Protein protein”, “high in protein” Rating, October 15, or “provides protein” 1981, (a) per reasonable daily intake; or (b) per 30 g combined with 125 mL of milk, if the food is a breakfast cereal. The food has a protein rating of 40 or more, as “excellent source of

Excellent determined by official protein”, “very high 9. source of method FO-1, protein”, “very high in

protein Determination of Protein protein” or “rich in Rating, October 15, protein” 1981, (a) per reasonable daily intake; or (b) per 30 g combined with 125 mL of milk, if the food is a breakfast cereal.

The following are10. More protein The food identified: (a) has a protein rating of 20 or more, as (a) the reference “more protein”, “higher determined by official food of the same protein” or “higher in method FO-1, food group or the protein” Determination of Protein similar reference Rating, October 15, food; 1981,

(b) the amounts of the food and the(i) per reasonable daily reference food ofintake, or the same food group or the similar

Column 1 Column 2

Item Subject Conditions — Food

(ii) per 30 g combined with 125 mL of milk, if the food is a breakfast cereal; and

(b) contains at least 25% more protein, totalling at least 7 g more, per reasonable daily intake than the reference food of the same food group or the similar reference food.

11. Free of fat The food contains

(a) less than 0.5 g of fat per reference amount and serving of stated size; or

(b) less than 0.5 g of fat per serving of stated size, if the food is a

12. Low in fat prepackaged meal. The food contains (a) 3 g or less of fat per reference amount and serving of stated size and, if the reference amount is 30 g or 30 mL or less, per 50 g; or (b) 3 g or less of fat per 100 g with 30% or less of the energy from fat, if the food is a prepackaged meal.

13. Reduced infat (1) The food is processed, formulated,

Column 3 Conditions — Label or Advertisement reference food being compared, if those amounts are not equal; and (c) the difference in protein compared to the reference food of the same food group or the similar reference food, per serving of stated size, expressed as a percentage or fraction or in grams.

The following are identified:

Column 4

Statement or Claim

“fat-free”, “free of fat”, “no fat”, “0 fat”, “zero fat”, “without fat”, “contains no fat” or “non fat”

“low fat”, “low in fat”, “low source of fat”, “little fat”, “contains only (number) g of fat per serving” or “contains less than (number) g of fat per serving”

“reduced fat”, “reduced in fat”, “fat-reduced”, “less

Column 1

Item Subject

14. Lower in fat

Column 2

Conditions — Food

reformulated or otherwise modified so that it contains at least 25% less fat (a) per reference amount of the food, than the reference amount of the similar reference food; or

(b) per 100 g, than 100 g of the similar reference food, if the food is a prepackaged meal.

(2) The similar reference food does not meet the conditions set out in column 2 of item 12 for the subject “low in fat” set out in column 1.

(1) The food contains at least 25% less fat (a) per reference amount of the food, than the reference amount of the reference food of the same food group; or

(b) per 100 g, than 100 g of the reference food of the same food group, if the food is a prepackaged meal.

(2) The reference food of the same food group does not meet the conditions set out in column 2 of item 12 for the subject “low in fat” set out in column 1.

Column 3 Conditions — Label or Advertisement

(a) the similar reference food;

(b) the amounts of the food and the similar reference food being compared, if those amounts are not equal; and (c) the difference in fat compared to the similar reference food, per serving of stated size, expressed as a percentage or fraction or in grams. The following are identified:

(a) the reference food of the same food group;

(b) the amounts of the food and the reference food of the same food group being compared, if those amounts are not equal; and (c) the difference in fat compared to the reference food of the same food group, per serving of stated size, expressed as a percentage or

Column 4

Statement or Claim

fat”, “lower fat” or “lower in fat”

“less fat”, “lower fat” or “lower in fat”

Column 1 Column 2

Item Subject Conditions — Food

100% fat15. The foodfree (a) contains less than 0.5 g of fat per 100 g; (b) contains no added fat; and (c) meets the conditions set out in column 2 of item 11 for the subject “free of fat” set out in column 1. The food meets the conditions set out in(Percentage)16. column 2 of item 12 forfat-free the subject “low in fat” set out in column 1. (1) The food contains no added fats or oils set out in Division 9, or added

17. No added fat butter or ghee, or ingredients that contain added fats or oils, or butter or ghee. (2) The similar reference food contains added fats or oils set out in Division 9, or added butter or ghee.

18. The food contains (a) less than 0.2 g

Free of saturated fatty acids and saturated less than 0.2 g trans fatty fatty acids acids per reference

amount and serving of stated size; or

(b) less than 0.2 g saturated fatty acids and less than 0.2 g trans fatty acids per serving of stated size, if the food is a prepackaged meal.

Column 3 Conditions — Label or Advertisement fraction or in grams.

One of the following statements or claims is stated: “low fat” or “low in fat”.

Column 4

Statement or Claim

“100% fat-free” or “100% free of fat”

“(percentage) fat-free” or “(percentage) free of fat”

“no fat added”, “no added fat” or “without added fat”

“saturated fatty acids- free”, “free of saturated fatty acids”, “no saturated fatty acids”, “0 saturated fatty acids”, “zero saturated fatty acids”, “without saturated fatty acids”, “saturated fat-free”, “free of saturated fat”, “no saturated fat”, “0 saturated fat”, “zero saturated fat”, “without saturated fat”, “saturates-free”, “free of saturates”, “no saturates”, “0 saturates”, “zero saturates” or “without

Column 1

Item Subject

Low in 19. saturated

fatty acids

Reduced in 20. saturated

fatty acids

Column 2

Conditions — Food

(1) The food contains 2 g or less of saturated fatty acids and trans fatty acids combined (a) per reference amount and serving of stated size; or (b) per 100 g, if the food is a prepackaged meal.

(2) The food provides 15% or less energy from the sum of saturated fatty acids and trans fatty acids.

(1) The food is processed, formulated, reformulated or otherwise modified, without increasing the content of trans fatty acids, so that it contains at least 25% less saturated fatty acids (a) per reference amount of the food, than the reference amount of the similar reference food; or (b) per 100 g, than 100 g of the similar reference food, if the food is a prepackaged meal.

Column 3 Conditions — Label or Advertisement

The following are identified:

(a) the similar reference food;

(b) the amounts of the food and the similar reference food being

Column 4

Statement or Claim

saturates” “low saturated fatty acids”, “low in saturated fatty acids”, “low source of saturated fatty acids”, “little saturated fatty acids”, “contains only (number) g of saturated fatty acids per serving”, “contains less than (number) g of saturated fatty acids per serving”, “low saturated fat”, “low in saturated fat”, “low source of saturated fat”, “little saturated fat”, “contains only (number) g of saturated fat per serving”, “contains less than (number) g of saturated fat per serving”, “low saturates”, “low in saturates”, “low source of saturates”, “little saturates”, “contains only (number) g of saturates per serving” or “contains less than (number) g of saturates per serving” “reduced saturated fatty acids”, “reduced in saturated fatty acids”, “saturated fatty acids- reduced”, “less saturated fatty acids”, “lower saturated fatty acids”, “lower in saturated fatty acids”, “fewer saturated fatty acids”, “reduced saturated fat”, “reduced in saturated fat”, “saturated fat-reduced”, “less saturated fat”, “lower saturated fat”, “lower in saturated fat”, “reduced saturates”, “reduced in

Column 1

Item Subject

Lower in 21. saturated

fatty acids

22. Free of trans fatty acids

Column 2

Conditions — Food

(2) The similar reference food does not meet the conditions set out in column 2 of item 19 for the subject “low in saturated fatty acids” set out in column 1.

(1) The food contains at least 25% less saturated fatty acids and the content of trans fatty acids is not higher (a) per reference amount of the food, than the reference amount of the reference food of the same food group; or

(b) per 100 g, than 100 g of the reference food of the same food group, if the food is a prepackaged meal.

(2) The reference food of the same food group does not meet the conditions set out in column 2 of item 19 for the subject “low in saturated fatty acids” set out in column 1.

The food (a) contains less than 0.2 g of trans fatty acids

Column 3 Conditions — Label or Advertisement compared, if those amounts are not equal; and

(c) the difference in saturated fatty acids compared to the similar reference food, per serving of stated size, expressed as a percentage or fraction or in grams.

The following are identified:

(a) the reference food of the same food group;

(b) the amounts of the food and the reference food of the same food group being compared, if those amounts are not equal; and (c) the difference in saturated fatty acids compared to the reference food of the same food group, per serving of stated size, expressed as a percentage or fraction or in grams.

Column 4

Statement or Claim

saturates”, “saturates reduced”, “less saturates”, “lower saturates”, “lower in saturates” or “fewer saturates”

“less saturated fatty acids”, “lower saturated fatty acids”, “lower in saturated fatty acids”, “fewer saturated fatty acids”, “less saturated fat”, “lower saturated fat”, “lower in saturated fat”, “less saturates”, “lower saturates”, “lower in saturates” or “fewer saturates”

“trans fatty acids-free”, “free of trans fatty acids”, “no trans fatty acids”, “0

Column 1

Item Subject

Reduced in 23. trans fatty

acids

24. Lower in trans fatty acids

Column 2

Conditions — Food

(i) per reference amount and serving of stated size, or

(ii) per serving of stated size, if the food is a prepackaged meal; and

(b) meets the conditions set out in column 2 of item 19 for the subject “low in saturated fatty acids” set out in column 1. (1) The food is processed, formulated, reformulated or otherwise modified, without increasing the content of saturated fatty acids, so that it contains at least 25% less trans fatty acids (a) per reference amount of the food, than the reference amount of the similar reference food; or

(b) per 100 g, than 100 g of the similar reference food, if the food is a prepackaged meal.

(2) The similar reference food does not meet the conditions set out in column 2 of item 19 for the subject “low in saturated fatty acids” set out in column 1.

(1) The food contains at least 25% less trans fatty acids and the content of

Column 3 Conditions — Label or Advertisement

The following are identified:

(a) the similar reference food;

(b) the amounts of the food and the similar reference food being compared, if those amounts are not equal; and (c) the difference in trans fatty acids compared to the similar reference food, per serving of stated size, expressed as a percentage or fraction or in grams.

The following are identified:

Column 4

Statement or Claim

trans fatty acids”, “zero trans fatty acids”, “without trans fatty acids”, “contains no trans fatty acids”, “trans fat-free”, “free of trans fat”, “no trans fat”, “0 trans fat”, “zero trans fat”, “without trans fat”, “contains no trans fat”, “trans-free”, “free of trans”, “no trans”, “0 trans”, “zero trans” or “without trans”

“reduced trans”, “reduced in trans”, “trans-reduced”, “reduced trans fatty acids”, “reduced in trans fatty acids”, “trans fatty acids- reduced”, “less trans fatty acids”, “lower trans fatty acids”, “lower in trans fatty acids”, “fewer trans fatty acids”, “reduced trans fat”, “reduced in trans fat”, “trans fat-reduced”, “less trans fat”, “lower trans fat” or “lower in trans fat”

“less trans fatty acids”, “lower trans fatty acids”, “lower in trans fatty

Column 1 Column 2 Column 3 Column 4 Conditions — LabelItem Subject Conditions — Food Statement or Claimor Advertisement

25. Source of omega-3 poly unsaturated fatty acids

26. Source of omega-6 poly-

saturated fatty acids is not higher (a) per reference amount of the food, than the reference amount of the reference food of the same food group; or

(b) per 100 g, than 100 g of the reference food of the same food group, if the food is a prepackaged meal.

(2) The reference food of the same food group does not meet the conditions set out in column 2 of item 19 for the subject “low in saturated fatty acids” set out in column 1.

The food contains (a) 0.3 g or more of omega-3 polyunsaturated fatty acids per reference amount and serving of stated size; or

(b) 0.3 g or more of omega-3 polyunsaturated fatty acids per 100 g, if the food is a prepackaged meal.

The food contains

(a) 2 g or more of omega-6 polyunsaturated

(a) the reference food of the same food group;

(b) the amounts of the food and the reference food of the same food group being compared, if those amounts are not equal; and (c) the difference in trans fatty acids compared to the reference food of the same food group, per serving of stated size, expressed as a percentage or fraction or in grams.

acids”, “fewer trans fatty acids”, “less trans fat”, “lower trans fat”, “lower in trans fat”, “less trans”, “lower trans” or “lower in trans”

“source of omega-3 polyunsaturated fatty acids”, “contains omega-3 polyunsaturated fatty acids”, “provides omega-3 polyunsaturated fatty acids”, “source of omega-3 polyunsaturated fat”, “contains omega-3 polyunsaturated fat”, “provides omega-3 polyunsaturated fat”, “source of omega-3 polyunsaturates”, “contains omega-3 polyunsaturates” or “provides omega-3 polyunsaturates” “source of omega-6 polyunsaturated fatty acids”, “contains omega-6

Column 1 Column 2

Item Subject Conditions — Food

unsaturated fatty acids per reference fatty acids amount and serving of

stated size; or

(b) 2 g or more of omega-6 polyunsaturated fatty acids per 100 g, if the food is a prepackaged meal.

Free of27. The foodcholesterol (a) contains less than 2 mg of cholesterol

(i) per reference amount and serving of stated size, or

(ii) per serving of stated size, if the food is a prepackaged meal; and

(b) meets the conditions set out in column 2 of item 19 for the subject “low in saturated fatty acids” set out in column 1.

Low in28. The foodcholesterol (a) contains 20 mg or less of cholesterol per

(i) reference amount and serving of stated size and, if the reference amount is 30 g or 30 mL or less, per 50 g, or

Column 3 Conditions — Label or Advertisement

Column 4

Statement or Claim

polyunsaturated fatty acids”, “provides omega-6 polyunsaturated fatty acids”, “source of omega-6 polyunsaturated fat”, “contains omega-6 polyunsaturated fat”, “provides omega-6 polyunsaturated fat”, “source of omega-6 polyunsaturates”, “contains omega-6 polyunsaturates” or “provides omega-6 polyunsaturates”

“cholesterol-free”, “free of cholesterol”, “no cholesterol”, “0 cholesterol”, “zero cholesterol”, “without cholesterol” or “contains no cholesterol”

“low cholesterol”, “low in cholesterol”, “low source of cholesterol”, “little cholesterol”, “contains only (number) mg of cholesterol per serving” or “contains less than (number) mg of cholesterol per serving”

(ii) per 100 g, if the food is a prepackaged meal;

Column 1

Item Subject

Reduced in29. cholesterol

Lower in30. cholesterol

Column 2 Column 3 Conditions — LabelConditions — Food or Advertisement

and

(b) meets the conditions set out in column 2 of item 19 for the subject “low in saturated fatty acids” set out in column 1. (1) The food is processed, formulated, reformulated or The following are otherwise modified so identified: that it contains at least 25% less cholesterol (a) per reference amount of the food, than the (a) the similar reference amount of the reference food; similar reference food; or

(b) the amounts of the food and the(b) per 100 g, than 100 g similar referenceof the similar reference food beingfood, if the food is a compared, if thoseprepackaged meal. amounts are not equal; and (c) the difference in cholesterol(2) The similar reference compared to thefood does not meet the similar referenceconditions set out in food, per serving ofcolumn 2 of item 28 for stated size,the subject “low in expressed as acholesterol” set out in percentage orcolumn 1. fraction or in milligrams.

(3) The food meets the conditions set out in column 2 of item 19 for the subject “low in saturated fatty acids” set out in column 1. (1) The food contains at The following areleast 25% less identified:cholesterol (a) per reference amount (a) the reference

Column 4

Statement or Claim

“reduced cholesterol”, “reduced in cholesterol”, “cholesterol-reduced”, “less cholesterol”, “lower cholesterol” or “lower in cholesterol”

“less cholesterol”, “lower cholesterol” or “lower in cholesterol”

Column 1

Item Subject

Free of 31. sodium or

salt

Low in 32. sodium or

salt

Column 2

Conditions — Food

of the food, than the reference amount of the reference food of the same food group; or

(b) per 100 g, than 100 g of the reference food of the same food group, if the food is a prepackaged meal.

(2) The reference food of the same food group does not meet the conditions set out in column 2 of item 28 for the subject “low in cholesterol” set out in column 1.

(3) The food meets the conditions set out in column 2 of item 19 for the subject “low in saturated fatty acids” set out in column 1.

The food contains

(a) less than 5 mg of sodium per reference amount and serving of stated size; or (b) less than 5 mg of sodium per serving of stated size, if the food is a prepackaged meal.

The food contains

(a) 140 mg or less of sodium per reference amount and serving of

Column 3 Conditions — Label or Advertisement food of the same food group;

(b) the amounts of the food and the reference food of the same food group being compared, if those amounts are not equal; and (c) the difference in cholesterol compared to the reference food of the same food group, per serving of stated size, expressed as a percentage or fraction or in milligrams.

Column 4

Statement or Claim

“sodium-free”, “free of sodium”, “no sodium”, “0 sodium”, “zero sodium”, “without sodium”, “contains no sodium”, “salt-free”, “free of salt”, “no salt”, “0 salt”, “zero salt”, “without salt” or “contains no salt”

“low sodium”, “low in sodium”, “low source of sodium”, “little sodium”, “contains only (number) mg of sodium per serving”, “contains less

Column 1

Item Subject

Reduced in 33. sodium or

salt

Lower in 34. sodium or

salt

Column 2

Conditions — Food

stated size and, if the reference amount is 30 g or 30 mL or less, per 50 g; or

(b) 140 mg or less of sodium per 100 g, if the food is a prepackaged meal.

(1) The food is processed, formulated, reformulated or otherwise modified so that it contains at least 25% less sodium (a) per reference amount of the food, than the reference amount of the similar reference food; or

(b) per 100 g, than 100 g of the similar reference food, if the food is a prepackaged meal.

(2) The similar reference food does not meet the conditions set out in column 2 of item 32 for the subject “low in sodium or salt” set out in column 1.

(1) The food contains at least 25% less sodium

(a) per reference amount of the food, than the reference amount of the reference food of the same food group; or

Column 3 Conditions — Label or Advertisement

The following are identified:

(a) the similar reference food;

(b) the amounts of the food and the similar reference food being compared, if those amounts are not equal; and (c) the difference in sodium content compared to the similar reference food, per serving of stated size, expressed as a percentage or fraction or in milligrams.

The following are identified:

(a) the reference food of the same food group;

Column 4

Statement or Claim

than (number) mg of sodium per serving”, “low salt”, “low in salt”, “low source of salt”, “little salt”, “contains only (number) mg of salt per serving” or “contains less than (number) mg salt per serving”

“reduced sodium”, “reduced in sodium”, “sodium-reduced”, “less sodium”, “lower sodium”, “lower in sodium”, “reduced salt”, “reduced in salt”, “salt-reduced”, “less salt”, “lower salt” or “lower in salt”

“less sodium”, “lower sodium”, “lower in sodium”, “less salt”, “lower salt” or “lower in salt”

(b) per 100 g, than 100 g (b) the amounts of

Column 1

Item Subject

No added 35. sodium or

salt

Lightly36. salted

Column 4

Statement or Claim

“unsalted”, “without added salt”, “no salt added”, “no added salt”, “without added sodium”, “no sodium added” or “no added sodium”

“lightly salted” or “salted lightly”

Column 2

Conditions — Food

of the reference food of the same food group, if the food is a prepackaged meal.

(2) The reference food of the same food group does not meet the conditions set out in column 2 of item 32 for the subject “low in sodium or salt” set out in column 1.

(1) The food contains no added salt, other sodium salts or ingredients that contain sodium that functionally substitute for added salt. (2) The similar reference food does not meet the conditions set out in column 2 of item 32 for the subject “low in sodium or salt” set out in column 1 and contains added salt or other sodium salts. (1) The food contains at least 50% less added sodium than the sodium added to the similar reference food.

(2) The similar reference reference food;food does not meet the conditions set out in column 2 of item 32 for the subject “low in sodium or salt” set out in column 1.

Column 3 Conditions — Label or Advertisement the food and the reference food of the same food group being compared, if those amounts are not equal; and (c) the difference in sodium content compared to the reference food of the same food group, per serving of stated size, expressed as a percentage or fraction or in milligrams.

The following are identified:

(a) the similar

(b) the amounts of the food and the similar reference food being compared, if those amounts are not

Column 1 Column 2 Column 3 Column 4 Conditions — LabelItem Subject Conditions — Food Statement or Claimor Advertisement equal; and (c) the difference in sodium content compared to the similar reference food, per serving of stated size, expressed as a percentage or fraction or in milligrams.

Free of37. The foodsugars “sugar-free”, “free of (a) contains less than sugar”, “no sugar”, “0 0.5 g of sugars per sugar”, “zero sugar”, reference amount and “without sugar”, “contains serving of stated size; no sugar” or “sugarless” and (b) with the exception of chewing gum, meets the conditions set out in column 2 of item 1 for the subject “free of energy” set out in column 1. The food is processed, formulated, reformulated “reduced sugar”, “reduced

Reduced in or otherwise modified so The following are in sugar”, “sugar-reduced”,38. sugars that it contains at least identified: “less sugar”, “lower sugar” 25% less sugars, totalling or “lower in sugar” at least 5 g less, (a) per reference amount of the food, than the (a) the similar reference amount of the reference food; similar reference food; or

Column 1 Column 2

Item Subject Conditions — Food

39. Lower insugars

The food contains at least 25% less sugars, totalling at least 5 g less, (a) per reference amount of the food, than the reference amount of the reference food of the same food group; or

(b) per 100 g, than 100 g of the reference food of the same food group, if the food is a prepackaged meal.

40. No addedsugars

(1) The food contains no added sugars, no ingredients containing added sugars or ingredients that contain sugars that functionally substitute for added sugars. (2) The sugars content is not increased through some other means except if the functional effect is not to increase the sugars content of the food. (3) The similar reference food contains added

Column 3 Conditions — Label or Advertisement food, per serving of stated size, expressed as a percentage or fraction or in grams.

The following are identified:

(a) the reference food of the same food group;

(b) the amounts of the food and the reference food of the same food group being compared, if those amounts are not equal; and (c) the difference in sugars compared to the reference food of the same food group, per serving of stated size, expressed as a percentage or fraction or in grams.

Column 4

Statement or Claim

“lower sugar”, “lower in sugar” or “less sugar”

“no sugar added”, “no added sugar” or “without added sugar”

Column 1

Item Subject

Source of41. fibre

High source42. of fibre

Column 2

Conditions — Food

sugars. (1) The food contains 2 g or more (a) of fibre per reference amount and serving of stated size, if no fibre or fibre source is identified in the statement or claim; or (b) of each identified fibre or fibre from an identified fibre source per reference amount and serving of stated size, if a fibre or fibre source is identified in the statement or claim. (2) The food contains at least one ingredient that meets one of the conditions set out in subsection (1), if the food is a prepackaged meal. (1) The food contains 4 g or more (a) of fibre per reference amount and serving of stated size, if no fibre or fibre source is identified in the statement or claim; or (b) of each identified fibre or fibre from an identified fibre source per reference amount and serving of stated size, if a fibre or fibre source is identified in the statement or claim. (2) The food contains at least one ingredient that meets one of the conditions set out in subsection (1), if the

Column 3 Conditions — Label or Advertisement

Column 4

Statement or Claim

“source of fibre”, “contains fibre”, “provides fibre”, “made with fibre”, “source of (naming the fibre)”, “contains (naming the fibre)”, “provides (naming the fibre)”, “made with (naming the fibre)”, “source of (naming the fibre source)”, “contains (naming the fibre source)”, “provides (naming the fibre source)”, “made with (naming the fibre source)”, “source of dietary fibre”, “contains dietary fibre”, “provides dietary fibre” or “made with dietary fibre”

“high source of fibre”, “high fibre”, “high in fibre”, “high source of (naming the fibre)”, “high (naming the fibre)”, “high in (naming the fibre)”, “high source of (naming the fibre source)”, “high (naming the fibre source)”, “high in (naming the fibre source)”, “high source of dietary fibre”, “high dietary fibre” or “high in dietary fibre”

Column 1

Item Subject

43.

Very high source of fibre

44. More fibre

Column 2

Conditions — Food

food is a prepackaged meal. (1) The food contains 6 g or more (a) of fibre per reference amount and serving of stated size, if no fibre or fibre source is identified in the statement or claim; or (b) of each identified fibre or fibre from an identified fibre source per reference amount and serving of stated size, if a fibre or fibre source is identified in the statement or claim. (2) The food contains at least one ingredient that meets one of the conditions set out in subsection (1), if the food is a prepackaged meal. (1) The food contains at least 25% more fibre, totalling at least 1 g more, if no fibre or fibre source is identified in the statement or claim, or at least 25% more of an identified fibre or fibre from an identified fibre source, totalling at least 1 g more, if a fibre or fibre source is identified in the statement or claim (a) per reference amount of the food, than the reference amount of the reference food of the same food group or the similar reference food; or

Column 3 Conditions — Label or Advertisement

The following are identified:

(a) the reference food of the same food group or the similar reference food;

Column 4

Statement or Claim

“very high source of fibre”, “very high fibre”, “very high in fibre”, “fibre rich”, “rich in fibre”, “very high source of (naming the fibre)”, “very high (naming the fibre)”, “very high in (naming the fibre)”, “(naming the fibre) rich”, “rich in (naming the fibre)”, “very high source of (naming the fibre source)”, “very high (naming the fibre source)”, “very high in (naming the fibre source)”, “(naming the fibre source) rich”, “rich in (naming the fibre source)”, “very high source of dietary fibre”, “very high dietary fibre”, “very high in dietary fibre”, “dietary fibre rich” or “rich in dietary fibre” “more fibre”, “higher fibre”, “higher in fibre”, “more (naming the fibre)”, “higher (naming the fibre)”, “higher in (naming the fibre)”, “more (naming the fibre source)”, “higher (naming the fibre source)”, “higher in (naming the fibre source)”, “more dietary fibre”, “higher dietary fibre” or “higher in dietary fibre”

(b) per 100 g, than 100 g (b) the amounts of

Column 1

Item Subject

Light in45. energy or fat

Column 2

Conditions — Food

of the reference food of the same food group or the similar reference food, if the food is a prepackaged meal.

(2) The food contains (a) at least 2 g of fibre per reference amount and serving of stated size if no fibre or fibre source is identified in the statement or claim, or at least 2 g of identified fibre or fibre from an identified fibre source per reference amount and serving of stated size if a fibre or fibre source is identified in the statement or claim; or (b) at least one ingredient that meets the conditions set out in column 2 of item 41 for the subject “source of fibre” set out in column 1, if the food is a prepackaged meal. The food meets the conditions set out in column 2 (a) of item 3 for the subject “reduced in energy” set out in column 1; or

(b) of item 13 for the subject “reduced in fat” set out in column 1.

Column 3 Conditions — Label or Advertisement the food and the reference food of the same food group or the similar reference food being compared, if those amounts are not equal; and

(c) the difference in fibre compared to the reference food of the same food group or the similar reference food, per serving of stated size, expressed as a percentage or fraction or in grams.

The following are identified:

(a) the similar reference food;

(b) the amounts of the food and the similar reference food being compared, if those amounts are not equal; and (c) the difference in

Column 4

Statement or Claim

“light” or “lite”

Column 1 Column 2 Column 3 Column 4

Item Subject Conditions — Food Conditions — Labelor Advertisement Statement or Claim

energy or fat value compared to the similar reference food, per serving of stated size, expressed as a percentage or fraction or in Calories or grams.

46. Lean The food “lean” (a) is meat or poultry that has not been ground, a marine or fresh water animal or a product of any of these; and (b) contains 10% or less fat.

47. Extra lean The food “extra lean” (a) is meat or poultry that has not been ground, a marine or fresh water animal or a product of any of these; and (b) contains 7.5% or less fat.

SOR/2003-11, s. 20; err.(F), Vol. 137, No. 5; SOR/2007-176, s. 6. Previous Version [B.01.514 to B.01.599 reserved]

Health Claims

Languages

B.01.600. A statement or claim set out in column 1 of the table following section B.01.603 that appears on the label of a food shall be

(a) in English and French; or

SOR/2003-11, s. 20.

Statements or Claims

B.01.601. (1) A food with a label or advertisement that carries a statement or claim set out in column 1 of the table following section B.01.603 is exempt from the provisions of the Act and its Regulations with respect to drugs, and from subsections 3(1) and (2) of the Act, if

(a) the food meets the applicable conditions set out in column 2;

(b) the label of or the advertisement for the food meets the applicable conditions set out in column 3; and

(i) intended solely for children under two years of age, or

(ii) a food represented for use in a very low energy diet.

(2) Subsection (1) does not apply to a food that comes within the definition of “drug” as defined in section 2 of the Act for a reason other than the fact that its label or advertisement carries a statement or claim referred to in that subsection.

(3) Subsection (1) applies even if the word “graisses” in the French version of the statement or claim is replaced by the word “lipides”.

SOR/2003-11, s. 20.

B.01.602. (1) The information required under the conditions set out in column 3 of the table following section B.01.603 that appears in an advertisement for a food that is not a prepackaged product, or in an advertisement for a prepackaged product that is not made or placed by or on the direction of the manufacturer of the product, shall,

(a) in the case of an advertisement, other than a radio or television advertisement, be

(i) adjacent to, without any intervening printed, written or graphic material, the statement or claim set out in column 1, if the statement or claim is made only once, or the most prominent statement or claim, if the statement or claim is made more than once, and

(b) in the case of a radio advertisement or the audio portion of a television advertisement, immediately precede or follow the statement or claim set out in column 1; or

(i) in the audio mode, if the statement or claim set out in column 1 is made only in the audio portion of the advertisement or in both the audio and visual portions, or

(ii) in the audio or visual mode, if the statement or claim set out in column 1 is made only in the visual portion of the advertisement.

(2) The information that is communicated in the visual mode of a television advertisement in accordance with subparagraph (1)(c)(ii) shall

(a) appear concurrently with and for at least the same amount of time as the statement or claim;

SOR/2003-11, s. 20.

B.01.603. For greater certainty, a statement or claim set out in column 1 of the table following this section that is made on the label of or in any advertisement for a food may be preceded or followed by other words, numbers, signs or symbols, but none of those shall be interposed between the words, numbers, signs or symbols of the statement or claim.

TABLE

Column 1 Column 2 Column 3 Conditions — Label orItem Statement or Claim Conditions — Food Advertisement

The food(1) “A healthy diet containing foods high (a) other than a vegetable or fruit, (1) If the statement or claimin potassium and low does not meet the conditions set is made on the label of or inin sodium may reduce out in column 2 of item 2 of the the advertisement for athe risk of high blood table following section B.01.513 prepackaged product, by orpressure, a risk factor for the subject “low in energy” on the direction of thefor stroke and heart set out in column 1; manufacturer of the product,disease. (Naming the

the nutrition facts table shallfood) is sodium-free.” (b) contains at least 10% of the include the amount ofweighted recommended nutrient (2) “A healthy diet potassium, in accordanceintake of a vitamin or a mineral containing foods high with subsection B.01.402(2).nutrient in potassium and low

(2) If the statement or claimin sodium may reduce (i) per reference amount and per is made on the label of or inthe risk of high blood serving of stated size, or 1. the advertisement for a foodpressure, a risk factor

for stroke and heart (ii) per serving of stated size, if that is not a prepackaged disease. (Naming the the food is a prepackaged meal; product, or in the

advertisement for afood) is low in (c) meets the conditions set out in prepackaged product that issodium.” column 2 of item 19 of the table not made or placed by or on

(3) “A healthy diet following section B.01.513 for the direction of the containing foods high the subject “low in saturated fatty manufacturer of the product, in potassium and low acids” set out in column 1; the label or advertisement in sodium may reduce shall include the amount of

(d) contains 0.5% or less alcohol;the risk of high blood sodium and potassium per pressure, a risk factor serving of stated size, in(e) meets the conditions set out in for stroke and heart accordance with sectioncolumn 2 of item 31 of the table disease. (Naming the B.01.602 if applicable.following section B.01.513 for food) is a good source the subject “free of sodium or of potassium and is salt” set out in column 1, if the

Column 1

Item Statement or Claim

sodium-free.”

(4) “A healthy diet containing foods high in potassium and low in sodium may reduce the risk of high blood pressure, a risk factor for stroke and heart disease. (Naming the food) is a good source of potassium and is low in sodium.”

(5) “A healthy diet containing foods high in potassium and low in sodium may reduce the risk of high blood pressure, a risk factor for stroke and heart disease. (Naming the food) is high in potassium and is sodium-free.”

(6) “A healthy diet containing foods high in potassium and low in sodium may reduce the risk of high blood pressure, a risk factor for stroke and heart disease. (Naming the food) is high in potassium and is low in sodium.”

Column 2

Conditions — Food

label of or advertisement for the food carries statement or claim (1), (3) or (5) set out in column 1 of this item;

(f) meets the conditions set out in column 2 of item 32 of the table following section B.01.513 for the subject “low in sodium or salt” set out in column 1, if the label of or advertisement for the food carries statement or claim (2), (4) or (6) set out in column 1 of this item; and

(g) contains 350 mg or more of potassium, if the label of or advertisement for the food carries statement or claim (3), (4), (5) or (6) set out in column 1 of this item,

(i) per reference amount and per serving of stated size, or

Column 3 Conditions — Label or Advertisement

Column 1

Item Statement or Claim

(1) “A healthy diet with adequate calcium and vitamin D, and regular physical activity, help to achieve strong bones and may reduce the risk of osteoporosis. (Naming the food) is a good source of calcium.”

(2) “A healthy diet with adequate calcium and vitamin D, and regular physical activity, help to achieve strong bones and may reduce the risk of osteoporosis. (Naming the food) is

2. high in calcium.”

(3) “A healthy diet with adequate calcium and vitamin D, and regular physical activity, help to achieve strong bones and may reduce the risk of osteoporosis. (Naming the food) is an excellent source of calcium.”

(4) “A healthy diet with adequate calcium and vitamin D, and regular physical activity, help to achieve strong bones and may reduce the risk of osteoporosis. (Naming the food) is

Column 2

Conditions — Food

(ii) per serving of stated size, if the food is a prepackaged meal.

The food

(a) other than a vegetable or fruit, does not meet the conditions set out in column 2 of item 2 of the table following section B.01.513 for the subject “low in energy” set out in column 1;

(b) contains no more phosphorus, excluding that provided by phytate, than calcium;

(d) contains, if the label of or advertisement for the food carries statement or claim (1) or (2) set out in column 1 of this item,

(i) 200 mg or more of calcium per reference amount and per serving of stated size, or

(ii) 300 mg or more of calcium per serving of stated size, if the food is a prepackaged meal;

(e) contains, if the label of or advertisement for the food carries statement or claim (3), (4), (5) or (6) set out in column 1 of this item,

(i) 275 mg or more of calcium per reference amount and per serving of stated size, or

(ii) 400 mg or more of calcium per serving of stated size, if the food is a prepackaged meal; and

Column 3 Conditions — Label or Advertisement

(1) If the statement or claim is made on the label of or in the advertisement for a prepackaged product, by or on the direction of the manufacturer of the product, the nutrition facts table shall include the amount of vitamin D and phosphorus, in accordance with subsection B.01.402(2).

(2) If the statement or claim is made on the label of or in the advertisement for a food that is not a prepackaged product, or in the advertisement for a prepackaged product that is not made or placed by or on the direction of the manufacturer of the product, the label or advertisement shall include the amount of vitamin D, calcium and phosphorus per serving of stated size, in accordance with section B.01.602 if applicable.

Column 1 Column 2 Column 3

Item Statement or Claim Conditions — Food Conditions — Label orAdvertisement very high in calcium.”

(5) “A healthy diet with adequate calcium and vitamin D, and regular physical activity, help to achieve strong bones and may reduce the risk of osteoporosis. (Naming the food) is an excellent source of calcium and vitamin D.”

(6) “A healthy diet with adequate calcium and vitamin D, and

(f) contains 1.25 µg or more of vitamin D, if the label of or advertisement for the food carries

regular physical activity, help to achieve strong bones

statement or claim (5) or (6) set out in column 1 of this item,

and may reduce the (i) per reference amount and per risk of osteoporosis. serving of stated size, or (Naming the food) is very high in calcium and vitamin D.”

(ii) per serving of stated size, if the food is a prepackaged meal.

The food If the statement or claim is

(1) “A healthy diet low (a) other than a vegetable or fruit, made on the label of or in the in saturated and trans does not meet the conditions set advertisement for a food that fats may reduce the out in column 2 of item 2 of the is not a prepackaged product, risk of heart disease. table following section B.01.513 or in the advertisement for a (Naming the food) is for the subject “low in energy” prepackaged product that is free of saturated and set out in column 1; not made or placed by or on trans fats.” the direction of the3. (b) contains at least 10% of the manufacturer of the product,(2) “A healthy diet low weighted recommended nutrient the label or advertisementin saturated and trans intake of a vitamin or a mineral shall include the amount offats may reduce the nutrient saturated fatty acids and transrisk of heart disease. (Naming the food) is (i) per reference amount and per fatty acids per serving of low in saturated and serving of stated size, or stated size, in accordance

with section B.01.602 iftrans fats.” (ii) per serving of stated size, if applicable. the food is a prepackaged meal;

Column 1 Column 2 Column 3 Conditions — Label orItem Statement or Claim Conditions — Food Advertisement

cholesterol per 100 g of food;

(d) contains 0.5% or less alcohol;

(e) if it is a fat or an oil, meets the conditions set out in

(i) column 2 of item 25 of the table following section B.01.513 for the subject “source of omega 3 polyunsaturated fatty acids” set out in column 1,

(ii) column 2 of item 26 of the table following section B.01.513 for the subject “source of omega 6 polyunsaturated fatty acids” set out in column 1, or

(iii) subparagraphs (i) and (ii);

(f) contains

(i) 480 mg or less of sodium per reference amount and per serving of stated size, and per 50 g if the reference amount is 30 g or 30 mL or less, or

(ii) 960 mg or less of sodium per serving of stated size, if the food is a prepackaged meal;

(g) meets the conditions set out in column 2 of item 18 of the table following section B.01.513 for the subject “free of saturated fatty acids” set out in column 1, if the label of or advertisement for the food carries statement or claim (1) set out in column 1 of this item; and

(h) meets the conditions set out in column 2 of item 19 of the table following section B.01.513 for the subject “low in saturated fatty acids” set out in column 1, if the

Column 1 Column 2 Column 3

Item Statement or Claim Conditions — Food Conditions — Label orAdvertisement label of or advertisement for the food carries statement or claim (2) set out in column 1 of this item.

The food

(a) is one of the following vegetables, fruit, or juice, and may contain only sweetening agents, food additives as permitted by these Regulations,

“A healthy diet rich in a variety of vegetables

salt, herbs, spices, seasonings or water:

4. and fruit may help (i) a fresh, frozen, canned or reduce the risk of some dried vegetable, types of cancer.”

(ii) a fresh, frozen, canned or dried fruit,

(iii) a vegetable or fruit juice, or

(iv) a combination of the foods set out in subparagraphs (i) to (iii);

(b) is not one of the following:

(i) potatoes, yams, cassava, plantain, corn, mushrooms, mature legumes and their juices,

(ii) vegetables or fruit used as condiments, garnishes or flavourings, including maraschino cherries, glacé fruit, candied fruit and onion flakes,

(iii) jams or jam-type spreads, marmalades, preserves and jellies,

(iv) olives, or

(v) powdered vegetables or fruit; and

Column 1 Column 2 Column 3 Conditions — Label orItem Statement or Claim Conditions — Food Advertisement

The food is a chewing gum, hard candy or breath freshener product that

5. (a) contains 0.25% or less starch, dextrins, mono-, di- and If the statement or claim isoligosaccharides or other(1) “Won’t cause made on the label of or in thefermentable carbohydratescavities.” advertisement for acombined; or prepackaged product, by or

(2) “Does not promote on the direction of the(b) does not, if it contains moretooth decay.” manufacturer of the product,than 0.25% fermentable the nutrition facts table shall(3) “Does not promote carbohydrates, lower plaque pH include the amount of sugardental caries.” below 5.7 by bacterial alcohols, if present, infermentation during 30 minutes

(4) “Non-cariogenic.” accordance with subsectionafter consumption as measured B.01.402(2).by the indwelling plaque pH test,

referred to in “Identification of Low Caries Risk Dietary Components” by T.N. Imfeld, Volume 11, Monographs in Oral Science, 1983.

SOR/2003-11, s. 20; err.(F), Vol. 137, No. 5; SOR/2010-142, s. 2. Previous Version

Division 2

Alcoholic Beverages B.02.001. The foods referred to in this Division are included in the term alcoholic beverage.

SOR/93-145, s. 3(F).

B.02.002. In this Division,

“absolute alcohol” means alcohol of a strength of 100 per cent; (alcool absolu)

“age” means the period during which an alcoholic beverage is kept under such conditions of storage as may be necessary to develop its characteristic flavour and bouquet; (âge)

“alcohol” means ethyl alcohol; (alcool)

“flavouring” means, in respect of a spirit, any other spirit or wine, domestic or imported, added as a flavouring to that spirit as authorized under the Excise Act; (substance aromatique)

“grain spirit” means an alcoholic distillate, obtained from a mash of cereal grain or cereal grain products saccharified by the diastase of malt or by other enzymes and fermented by the

action of yeast or a mixture of yeast and other micro-organisms, and from which all or nearly all of the naturally occurring substances other than alcohol and water have been removed; (esprit de grain)

“malt spirit” means an alcoholic distillate, obtained by pot-still distillation from a mash of cereal grain or cereal grain products saccharified by the diastase of malt and fermented by the action of yeast or a mixture of yeast and other micro-organisms; (esprit de malt)

“molasses spirit” means an alcoholic distillate, obtained from sugar-cane or sugar-cane products fermented by the action of yeast or a mixture of yeast and other micro-organisms, from which all or nearly all of the naturally occurring substances other than alcohol and water have been removed; (esprit de mélasse)

“small wood” means wood casks or barrels of not greater than 700 L capacity; (petit fût)

“sweetening agent” means glucose-fructose, fructose syrup or any food for which a standard is provided in Division 18, or any combination thereof. (agent édulcorant)

SOR/84-300, s. 10; SOR/93-145, s. 4.

B.02.003. Where an alcoholic beverage contains 1.1 per cent or more alcohol by volume, the percentage by volume of alcohol present in the alcoholic beverage shall be shown on the principal display panel followed by the words “alcohol by volume” or the abbreviation “alc./vol.”.

SOR/88-418, s. 1; SOR/93-145, s. 5(F).

Whisky

B.02.010. [S]. Whisky or Whiskey, other than Malt Whisky, Scotch Whisky, Irish Whisky, Canadian Whisky, Canadian Rye Whisky, Rye Whisky, Highland Whisky, Bourbon Whisky and Tennessee Whisky,

(a) shall be a potable alcoholic distillate, or a mixture of potable alcoholic distillates, obtained from a mash of cereal grain or cereal grain products saccharified by the diastase of malt or by other enzymes and fermented by the action of yeast or a mixture of yeast and other micro organisms; and

(b) may contain caramel and flavouring.

SOR/93-145, s. 6; SOR/93-603, s. 2.

B.02.011. and B.02.012. [Repealed, SOR/93-145, s. 7]

B.02.013. [S]. Malt Whisky

(a) shall be a potable alcoholic distillate, or a mixture of potable alcoholic distillates, obtained by the distillation of a mash of malted grain fermented by the action of yeast or a mixture of yeast and other micro-organisms;

(b) shall possess the aroma, taste and character generally attributed to malt whisky; and

SOR/93-145, s. 8.

B.02.014. and B.02.015. [Repealed, SOR/93-145, s. 9]

B.02.016. [S]. Scotch Whisky shall be whisky distilled in Scotland as Scotch whisky for domestic consumption in accordance with the laws of the United Kingdom.

B.02.017. No person shall blend or modify in any manner any Scotch whisky that is imported in bulk for the purpose of bottling and sale in Canada as Scotch whisky except by

(a) blending with other Scotch whisky,

(b) the addition of distilled or otherwise purified water to adjust to a required strength, or

B.02.018. [S]. Irish Whisky shall be whisky distilled in Northern Ireland or in the Republic of Ireland as Irish whisky for domestic consumption in accordance with the laws of Northern Ireland or the Republic of Ireland.

B.02.019. No person shall blend or modify in any manner any Irish whisky that is imported in bulk for the purpose of bottling and sale in Canada as Irish whisky except by

(a) blending with other Irish whisky,

(b) the addition of distilled or otherwise purified water to adjust to a required strength, or

B.02.020. [S]. (1) Canadian Whisky, Canadian Rye Whisky or Rye Whisky

(a) shall

(i) be a potable alcoholic distillate, or a mixture of potable alcoholic distillates, obtained from a mash of cereal grain or cereal grain products saccharified by the diastase of malt or by other enzymes and fermented by the action of yeast or a mixture of yeast and other micro organisms,

(ii) be aged in small wood for not less than three years,

(iii) possess the aroma, taste and character generally attributed to Canadian whisky,

(iv) be manufactured in accordance with the requirements of the Excise Act and the regulations made thereunder,

(v) be mashed, distilled and aged in Canada, and

(vi) contain not less than 40 per cent alcohol by volume; and

(b) may contain caramel and flavouring.

(2) Subject to subsection (3), no person shall make any claim with respect to the age of Canadian whisky, other than for the period during which the whisky has been held in small wood.

(3) Where Canadian whisky has been aged in small wood for a period of at least three years, any period not exceeding six months during which that whisky was held in other containers may be claimed as age.

SOR/93-145, s. 10; SOR/2000-51, s. 1.

B.02.021. [S]. Highland Whisky

(a) shall be a potable alcoholic beverage blended in Canada from

(i) not less than 25 per cent malt whisky calculated on an absolute alcohol basis, distilled in Canada or Scotland, and

(ii) whisky; and

(b) may, if it contains 51 per cent or more malt whisky distilled in Scotland, be labelled or advertised as containing malt whisky distilled in Scotland.

SOR/93-145, s. 10.

B.02.022. (1) Subject to subsection (2), no person shall label, package, sell or advertise any food as Bourbon Whisky, or in such a manner that it is likely to be mistaken for Bourbon whisky unless it is whisky manufactured in the United States as Bourbon whisky in accordance with the laws of the United States applicable in respect of Bourbon whisky for consumption in the United States.

(2) A person may modify Bourbon whisky that is imported for the purpose of bottling and sale in Canada as Bourbon whisky by the addition of distilled or otherwise purified water to adjust the Bourbon whisky to a required strength.

SOR/89-59, s. 2; SOR/93-145, s. 11(F).

B.02.022.1. (1) Subject to subsection (2), no person shall label, package, sell or advertise any food as Tennessee Whisky, or in such a manner that it is likely to be mistaken for Tennessee whisky unless it is a straight Bourbon whisky produced in the State of Tennessee and manufactured in the United States as Tennessee whisky in accordance with the laws of the United States applicable in respect of Tennessee whisky for consumption in the United States.

(2) A person may modify Tennessee whisky that is imported for the purpose of bottling and sale in Canada as Tennessee whisky by the addition of distilled or otherwise purified water to adjust the Tennessee whisky to a required strength.

SOR/93-603, s. 3.

B.02.023. (1) Subject to sections B.02.022 and B.02.022.1, no person shall sell for consumption in Canada any whisky that has not been aged for a period of at least three years in small wood.

(2) Nothing in subsection (1) applies in respect of flavouring contained in whisky, but no person shall sell for consumption in Canada whisky containing any flavouring, other than wine, that has not been aged for a period of at least two years in small wood.

SOR/93-145, s. 12; SOR/93-603, s. 4.

Rum

B.02.030. [S]. Rum

(a) shall be a potable alcoholic distillate, or a mixture of potable alcoholic distillates, obtained from sugar-cane or sugar-cane products fermented by the action of yeast or a mixture of yeast and other micro-organisms; and

(b) may contain

(i) caramel,

(ii) fruit and other botanical substances, and

(iii) flavouring and flavouring preparations.

SOR/93-145, s. 13.

B.02.031. (1) No person shall sell for consumption in Canada any rum that has not been aged for a period of at least one year in small wood.

(2) Nothing in subsection (1) applies in respect of flavouring contained in rum, but no person shall sell for consumption in Canada rum containing any flavouring, other than wine, that has not been aged for a period of at least one year in small wood.

SOR/84-657, s. 1; SOR/93-145, s. 13.

B.02.032. [Repealed, SOR/93-145, s. 14]

B.02.033. No person shall blend or modify in any manner any rum that is imported in bulk for the purpose of bottling and sale in Canada as imported rum except by

(a) blending with other imported rum,

(b) adding distilled or otherwise purified water to adjust the rum to the strength stated on the label applied to the container; or

SOR/89-127, s. 1.

B.02.034. (1) Notwithstanding section B.02.033, no person shall blend or modify in any manner any rum made from sugar cane products of a Commonwealth Caribbean country that has been distilled and fermented in a Commonwealth Caribbean country and imported in bulk from a Commonwealth Caribbean Country for bottling and sale in Canada as Caribbean rum except by

(a) blending with other rum of a Commonwealth Caribbean country;

(b) blending with Canadian rum in proportions that result in one to 1.5 per cent Canadian rum by volume in the final product;

(c) adding distilled or otherwise purified water to adjust the rum to the strength stated on the label applied to the container; or

(d) adding caramel.

(2) In this section, “Commonwealth Caribbean country” means Anguilla, Antigua and Barbuda, Barbados, the Bahamas, Belize, Bermuda, the British Virgin Islands, the Caymen Islands, Dominica, Grenada, Guyana, Jamaica, Montserrat, St. Christopher and Nevis, Saint

Lucia, St. Vincent and the Grenadines, Trinidad and Tobago and the Turks and Caicos Islands.

SOR/89-127, s. 2.

Gin

B.02.040. [S]. Hollands, Hollands Gin, Geneva, Geneva Gin, Genever, Genever Gin or Dutch-type Gin

(a) shall be a potable alcoholic beverage obtained

(i) by the redistillation of malt spirit with or over juniper berries, or by a mixture of the products of more than one such redistillation,

(ii) by the redistillation of a combination of malt spirit and not more than four times its volume on an absolute alcohol basis of grain spirit with or over juniper berries, or by a mixture of the products of more than one such redistillation, or

(iii) by the blending of malt spirit, redistilled with or over juniper berries, with not more than four times its volume on an absolute alcohol basis of grain spirit or molasses spirit, or by a mixture of the products of more than one such blending;

(b) may contain

(i) other aromatic botanical substances, added during the redistillation process, and

(ii) caramel;

(d) may be labelled or advertised as being distilled, where subparagraph (a)(i) or (ii) is complied with; and

(e) shall be described on the principal display panel of its label and in any advertisements as blended gin, where subparagraph (a)(iii) is complied with.

SOR/93-145, s. 15.

B.02.041. [S]. Gin, other than Hollands, Hollands Gin, Geneva, Geneva Gin, Genever, Genever Gin or Dutch-type Gin,

(a) shall be a potable alcoholic beverage obtained

(i) by the redistillation of alcohol from food sources with or over juniper berries, or by a mixture of the products of more than one such redistillation, or

(ii) by the blending of alcohol from food sources, redistilled with or over juniper berries, with alcohol from food sources or by a mixture of the products of more than one such blending;

(b) may contain

(i) other aromatic botanical substances, added during the redistillation process,

(ii) a sweetening agent, and

(iii) a flavouring preparation for the purpose of maintaining a uniform flavour profile; and

SOR/93-145, s. 15.

B.02.042. [Repealed, SOR/93-145, s. 15]

B.02.043. No person shall make any claim for age for gin but gin that has been held in suitable containers may bear a label declaration to that effect.

Brandy

B.02.050. [S]. Brandy, other than Armagnac Brandy or Armagnac, Canadian Brandy, Cognac Brandy or Cognac, Dried Fruit Brandy, Fruit Brandy, Grappa, Lees Brandy and Pomace or Marc,

(a) shall be a potable alcoholic distillate, or a mixture of potable alcoholic distillates, obtained by the distillation of wine; and

(b) may contain

(i) caramel,

(ii) fruit and other botanical substances, and

(iii) flavouring and flavouring preparations.

SOR/84-300, s. 12; SOR/93-145, s. 16.

B.02.051. [S]. Armagnac Brandy or Armagnac shall be brandy manufactured in the Armagnac district of France in accordance with the laws of the French Republic for consumption in that country.

SOR/93-145, s. 16.

B.02.052. [S]. Canadian Brandy

(a) shall be a potable alcoholic distillate, or a mixture of potable alcoholic distillates, obtained by the distillation of wine that has been fermented in Canada; and

(b) may contain

(i) caramel,

(ii) fruit and other botanical substances, and

(iii) flavouring and flavouring preparations.

SOR/93-145, s. 16.

B.02.053. [S]. Cognac Brandy or Cognac shall be brandy manufactured in the Cognac district of France in accordance with the laws of the French Republic for consumption in that country.

SOR/93-145, s. 16.

B.02.054. [S]. Dried Fruit Brandy

(a) shall be a potable alcoholic distillate, or a mixture of potable alcoholic distillates, obtained from sound dried fruit; and

(b) may contain

(i) caramel,

(ii) fruit and other botanical substances, and

(iii) flavouring and flavouring preparations.

SOR/93-145, s. 16.

B.02.055. [S]. Fruit Brandy

(a) shall be a potable alcoholic distillate, or a mixture of potable alcoholic distillates, obtained by the distillation of

(i) fruit wine or a mixture of fruit wines, or

(ii) a fermented mash of sound ripe fruit other than grapes, or a mixture of sound ripe fruits other than grapes;

(b) may contain

(i) caramel,

(ii) fruit and other botanical substances, and

(iii) flavouring and flavouring preparations; and

(c) may be described on its label as “(naming the fruit) brandy” if all of the fruit or fruit wine used to make the brandy originates from the named fruit.

SOR/93-145, s. 16.

B.02.056. [S]. Grappa

(a) shall be a potable alcoholic distillate, or a mixture of potable alcoholic distillates, obtained by the distillation of the pomace from sound ripe grapes after the removal of the juice or wine; and

(b) may contain

(i) caramel

(ii) fruit and other botanical substances, and

(iii) flavouring and flavouring preparations.

SOR/93-145, s. 16.

B.02.057. [S]. Lees Brandy

(a) shall be a potable alcoholic distillate, or a mixture of potable alcoholic distillates, obtained by the distillation of the lees of wine or fruit wine;

(b) may contain

(i) caramel,

(ii) fruit and other botanical substances, and

(iii) flavouring and flavouring preparations; and

(c) may be described on its label as “(naming the fruit) Lees Brandy” if all of the lees used to make the brandy originate from the named fruit.

SOR/93-145, s. 16.

B.02.058. [S]. Pomace or Marc

(a) shall be a potable alcoholic distillate, or a mixture of potable alcoholic distillates, obtained by the distillation of the skin and pulp of sound ripe fruit after the removal of the fruit juice, wine or fruit wine;

(b) may contain

(i) caramel,

(ii) fruit and other botanical substances, and

(iii) flavouring and flavouring preparations; and

(c) may be described on its label as “(naming the fruit) Pomace” or “(naming the fruit) Marc” if all of the skin and pulp used to make the brandy originate from the named fruit.

SOR/93-145, s. 16.

B.02.059. No person shall blend or modify in any manner any brandy that is imported in bulk for the purpose of bottling and sale in Canada as imported brandy, except by

(a) blending with other imported brandy;

(b) the addition of caramel; and

SOR/93-145, s. 16.

B.02.060. Where brandy is wholly distilled in a country other than Canada, the label shall indicate the country of origin.

SOR/84-300, s. 13(F); SOR/93-145, s. 16.

B.02.061. (1) No person shall sell any brandy that has not been aged for a period of at least one year in wooden containers or at least six months in small wood.

(2) Nothing in subsection (1) applies in respect of flavouring contained in brandy, but no person shall sell brandy containing any flavouring, other than wine, that has not been aged for a period of at least one year in wooden containers or at least six months in small wood.

(3) Nothing in subsection (1) or (2) applies in respect of brandy that meets the standards prescribed by any of sections B.02.051 to B.02.058.

(4) No person shall make any claim with respect to the age of brandy other than for the period during which the brandy has been held in wooden containers or in small wood.

SOR/93-145, s. 16.

Liqueurs and Spirituous Cordials

B.02.070. [S]. Liqueur or Spirituous Cordial

(a) shall be a product obtained by the mixing or distillation of alcohol from food sources with or over fruits, flowers, leaves or other botanical substances or their juices or with extracts derived by the infusion, percolation or maceration of those botanical substances;

(b) shall have added, during the course of manufacture, a sweetening agent in an amount that is not less than 2.5 per cent of the finished product;

(d) may contain

(i) natural and artificial flavouring preparations, and

(ii) colour.

SOR/93-145, s. 16.

Vodka

B.02.080. [S]. Vodka shall be a potable alcoholic beverage obtained by the treatment of grain spirit or potato spirit with charcoal so as to render the product without distinctive character, aroma or taste.

SOR/93-145, s. 16.

Tequila

B.02.090. (1) Subject to subsection (2), no person shall label, package, sell or advertise any food as Tequila, or in such a manner that it is likely to be mistaken for Tequila unless it is Tequila manufactured in Mexico as Tequila in accordance with the laws of Mexico applicable in respect of Tequila for consumption in Mexico.

(2) A person may modify Tequila that is imported for the purpose of bottling and sale in Canada as Tequila by the addition of distilled or otherwise purified water to adjust the Tequila to a required strength.

SOR/93-603, s. 5.

Mezcal

B.02.091. (1) Subject to subsection (2), no person shall label, package, sell or advertise any food as Mezcal, or in such a manner that it is likely to be mistaken for Mezcal unless it is Mezcal manufactured in Mexico as Mezcal in accordance with the laws of Mexico applicable in respect of Mezcal for consumption in Mexico.

(2) A person may modify Mezcal that is imported for the purpose of bottling and sale in Canada as Mezcal by the addition of distilled or otherwise purified water to adjust the Mezcal to a required strength.

SOR/93-603, s. 6.

Wine

B.02.100. [S]. Wine

(a) shall be an alcoholic beverage that is produced by the complete or partial alcoholic fermentation of fresh grapes, grape must, products derived solely from fresh grapes, or any combination of them;

(b) may have added to it during the course of the manufacture

(i) yeast,

(ii) concentrated grape juice,

(iii) dextrose, fructose, glucose or glucose solids, invert sugar, sugar, or aqueous solutions of any of them, (iv) yeast foods, in accordance with Table XIV to section B.16.100,

(iv) yeast foods, in accordance with Table XIV to section B.16.100,

(v) calcium sulphate in such quantity that the content of soluble sulphates in the finished wine shall not exceed 0.2 per cent weight by volume calculated as potassium sulphate,

(vi) calcium carbonate in such quantity that the content of tartaric acid in the finished wine shall not be less than 0.15 per cent weight by volume,

(vii) sulphurous acid, including salts thereof, in such quantity that its content in the finished wine shall not exceed

(A) 70 parts per million in the free state, or

(B) 350 parts per million in the combined state, calculated as sulphur dioxide,

(viii) any of the following substances:

(A) citric acid, fumaric acid, lactic acid, malic acid, potassium bicarbonate, potassium carbonate, potassium citrate and tartaric acid, at a maximum level of use consistent with good manufacturing practice,

(B) metatartaric acid at a maximum level of use of 0.01 per cent, and

(ix) amylase and pectinase at a maximum level of use consistent with good manufacturing practice,

(x) ascorbic acid or erythorbic acid, or their salts, at a maximum level of use consistent with good manufacturing practice,

(xi) antifoaming agents, in accordance with Table VIII to section B.16.100,

(xii) any of the following fining agents:

(A) activated carbon, albumen, casein, clay, diatomaceous earth, egg-white, isinglass, polyvinylpolypyrrolidone and silicon dioxide,

(B) acacia gum, agar, gelatin and potassium ferrocyanide, at a maximum level of use consistent with good manufacturing practice,

(D) polyvinylpyrrolidone in an amount that does not exceed 2 parts per million in the finished product,

(xiii) caramel at a maximum level of use consistent with good manufacturing practice,

(xiv) brandy, fruit spirit or alcohol derived from the alcoholic fermentation of a food source distilled to not less than 94 per cent alcohol by volume,

(xv) any of the following substances:

(A) carbon dioxide and ozone at a maximum level of use consistent with good manufacturing practice, and

(B) oxygen,

(xvi) sorbic acid or salts thereof, not exceeding 500 parts per million calculated as sorbic acid,

(xvii) malolactic bacteria from the genera Lactobacillus, Leuconostoc and Pediococcus,

(xviii) copper sulphate in such a quantity that the content of copper in the finished product shall not exceed 0.0001 per cent,

(xix) nitrogen, and

(xx) oak chips and particles; and

(i) a strongly acid cation exchange resin in the sodium ion form, or

(ii) a weakly basic anion exchange resin in the hydroxyl ion form.

SOR/78-402, s. 1; SOR/81-565, s. 1; SOR/84-300, ss. 14(F), 15(E); SOR/2006-91, s. 1; SOR/2008-142, s. 1(F); SOR/2010-143, s. 39(E). Previous Version B.02.101. No person shall sell wine that contains more than 0.24 per cent weight by volume of volatile acidity calculated as acetic acid, as determined by official method FO-2, Determination of Volatile Acidity of Wine, Cider and Champagne Cider, October 15, 1981.

SOR/82-768, s. 2; SOR/2006-91, s. 2.

Previous Version B.02.102. [S]. Fruit spirit shall be an alcoholic distillate obtained from wine, fruit wine, grape pomace or fruit pomace.

B.02.103. [S]. Fruit Wine, or (naming the fruit) Wine shall be the product of the alcoholic fermentation of the juice of sound ripe fruit other than grape, and in all other respects shall meet the requirements of the standard for wine as prescribed by section B.02.100.

B.02.104. [S]. Vermouth shall be wine to which has been added bitters, aromatics or other botanical substances or a flavouring preparation, and shall contain not more than 20 per cent absolute alcohol by volume.

SOR/93-145, s. 17(F).

B.02.105. [S]. Flavoured Wine, Wine Cocktail, Aperitif Wine shall be wine to which has been added herbs, spices, other botanical substances, fruit juices or a flavouring preparation, and shall contain not more than 20 per cent absolute alcohol by volume.

B.02.105A. [S]. Flavoured (naming the fruit) Wine, (naming the fruit) Wine Cocktail, or Aperitif (naming the fruit) Wine shall be fruit wine, a mixture of fruit wines, or a mixture of fruit wine and wine to which has been added herbs, spices, other botanical substances, fruit juices or a flavouring preparation, and shall contain not more than 20 per cent absolute alcohol by volume.

B.02.106. [S]. Honey Wine

(a) shall be the product of the alcoholic fermentation of an aqueous solution of honey; and

(b) may have added to it during the course of manufacture any of the following substances:

(i) yeast;

(ii) yeast foods;

(iii) sulphurous acid, including salts thereof, in such quantity that its content in the finished wine shall not exceed

(A) 70 p.p.m. in the free state, or

(B) 350 p.p.m. in the combined state, calculated as sulphur dioxide;

(iv) tartaric or citric acid;

(v) potassium acid tartrate;

(vi) natural botanical flavours;

(vii) fruit spirit or alcohol derived from the alcoholic fermentation of a food source distilled to not less than 94 per cent alcohol by volume;

(viii) caramel;

(ix) carbon dioxide;

(x) activated carbon, clay or tannic acid as fining agents; or

(xi) sorbic acid, and any salts thereof, calculated as sorbic acid, in a quantity such that the content of sorbic acid and its salts in the finished wine does not exceed 500 parts per million.

SOR/96-241, s. 1; SOR/2010-94, s. 9(E). Previous Version B.02.107. [S]. May Wine shall be wine to which has been added artificial woodruff flavouring preparation.

B.02.108. A clear indication of the country of origin shall be shown on the principal display panel of a wine.

SOR/84-300, s. 16(E).

Cider

B.02.120. [S]. Cider

(a) shall

(i) be the product of the alcoholic fermentation of apple juice, and

(ii) contain not less than 2.5 per cent and not more than 13.0 per cent absolute alcohol by volume; and

(b) may have added to it during the course of manufacture

(i) yeast,

(ii) concentrated apple juice,

(iii) sugar, dextrose, invert sugar, glucose, glucose solids, or aqueous solutions thereof,

(iv) yeast foods,

(v) sulphurous acid, including salts thereof, in such quantity that its content in the finished cider shall not exceed

(A) 70 parts per million in the free state, or

(B) 350 parts per million in the combined state, calculated as sulphur dioxide,

(vi) tartaric acid and potassium tartrate,

(vii) citric acid,

(viii) lactic acid,

(ix) pectinase and amylase,

(x) ascorbic or erythorbic acid, or salts thereof,

(xi) any of the following fining agents:

(A) activated carbon,

(B) clay,

(D) gelatin,

(E) albumen,

(F) sodium chloride,

(G) silica gel,

(H) casein,

(I) tannic acid not exceeding 200 parts per million, or

(J) polyvinylpyrrolidone not exceeding two parts per million in the finished product,

(xii) caramel,

(xiii) brandy, fruit spirit or alcohol derived from the alcoholic fermentation of a food source distilled to not less than 94 per cent alcohol by volume,

(xiv) carbon dioxide,

(xv) oxygen,

(xvi) ozone, or

(xvii) sorbic acid or salts thereof, not exceeding 500 parts per million, calculated as sorbic acid.

SOR/81-565, s. 2; SOR/84-300, s. 17(E).

B.02.122. [S]. Champagne Cider shall be cider that is impregnated with carbon dioxide under pressure by

(a) conducting the afterpart of the fermentation in closed vessels, or

(b) secondary fermentation in closed vessels with or without the addition of sugar, dextrose, invert sugar, glucose or glucose solids or aqueous solutions thereof,

and shall contain not less than seven per cent absolute alcohol by volume.

SOR/84-300, s. 18.

B.02.123. No person shall sell cider or champagne cider that has more than 0.2 per cent weight by volume of volatile acidity calculated as acetic acid, as determined by official method FO-2, Determination of Volatile Acidity of Wine, Cider and Champagne Cider, October 15, 1981.

SOR/82-768, s. 3.

Beer

B.02.130. [S]. Beer

(a) shall be the product of the alcoholic fermentation by yeast of an infusion of barley or wheat malt and hops or hop extract in potable water and shall be brewed in such a manner as to possess the aroma, taste and character commonly attributed to beer; and

(b) may have added to it during the course of manufacture any of the following ingredients:

(i) cereal grain,

(ii) carbohydrate matter,

(iii) salt,

(iv) hop oil,

(v) hop extract, if the hop extract is added to the wort before or during cooking,

(vi) pre-isomerized hop extract,

(vi.1) reduced isomerized hop extract,

(vii) Irish moss seaweed of the species Chondrus crispus,

(viii) carbon dioxide,

(ix) caramel,

(x) dextrin,

(xi) food enzymes,

(xii) stabilizing agents,

(xiii) pH adjusting and water correcting agents,

(xiv) Class I preservatives,

(xv) Class II preservatives,

(xvi) sequestering agent,

(xvii) yeast foods,

(xviii) any of the following fining agents: acacia gum, activated carbon, aluminum silicate, bentonite, calcium silicate, cellulose, China clay, diatomaceous earth, gelatin, isinglass, magnesium silicate, Nylon 66, polyvinylpolypyrrolidone, silica gel and wood shavings derived from beech, cherry, hazelnut and oak wood,

(xix) polyvinylpyrrolidone,

(xx) ammonium persulphate,

(xxi) in the case of wort, dimethylpolysiloxane, and

(xxii) in the case of mash, hydrogen peroxide.

SOR/88-418, s. 2; SOR/92-92, s. 1; SOR/96-483, s. 1; SOR/2006-91, s. 3. Previous Version

B.02.131. [S]. Ale, Stout, Porter or Malt Liquor

(b) may have added to it during the course of manufacture any of the ingredients referred to in paragraph B.02.130(b).

SOR/88-418, s. 2.

B.02.132. Where a beer, ale, stout, porter or malt liquor contains the percentage of alcohol by volume set out in Column I of an item of the table, the qualified common name or common name set out in Column II of that item shall be used in any advertisement of and on the label of the beer, ale, stout, porter or malt liquor.

TABLE

Column I Column II

Item Percentage alcohol by Qualified common name or Common namevolume Extra Light Beer, Extra Light Ale, Extra Light Stout, Extra Light1. 1.1 to 2.5 Porter

2. 2.6 to 4.0 Light Beer, Light Ale, Light Stout, Light Porter 3. 4.1 to 5.5 Beer, Ale, Stout, Porter

Strong Beer, Strong Ale, Strong Stout, Strong Porter, Malt4. 5.6 to 8.5 Liquor Extra Strong Beer, Extra Strong Ale, Extra Strong Stout, Extra5. 8.6 or more Strong Porter, Strong Malt Liquor

SOR/88-418, s. 2.

B.02.133. [S]. In this Division, “hop extract” means an extract derived from hops by a process employing the solvent

(a) hexane, methanol, or methylene chloride in such a manner that the hop extract does not contain more than 2.2 per cent of the solvent used; or

(b) carbon dioxide or ethyl alcohol in an amount consistent with good manufacturing practice.

SOR/86-89, s. 1; SOR/88-418, s. 3.

B.02.134. [S]. (1) In this Division, “pre-isomerized hop extract” means an extract derived from hops by

(a) the use of one of the following solvents:

(i) hexane,

(ii) carbon dioxide, or

(iii) ethanol; and

(b) the subsequent isolation of the alpha acids and their conversion to isomerized alpha acids by means of diluted alkali and heat.

(2) For the purposes of paragraph (1)(b), the residues of hexane shall not exceed 1.5 parts per million per per cent iso-alpha acid content of the pre-isomerized hop extract.

SOR/88-418, s. 4.

B.02.135. [S]. In this Division, “reduced isomerized hop extract” means

(a) tetrahydroisohumulones derived from hops

(i) by isomerization and reduction of humulones (alpha-acids) by means of hydrogen and a catalyst, or

(ii) by reduction of lupulones (beta-acids) by means of hydrogen and a catalyst, followed by oxidation and isomerization;

(b) hexahydroisohumulones derived from hops by reduction of tetrahydroisohumulones by means of sodium borohydride; and

SOR/96-483, s. 2; SOR/2000-352, s. 1.

Division 3

Baking Powder B.03.001. In this Division, “acid-reacting material” means one or any combination of

(a) lactic acid or its salts;

(b) tartaric acid or its salts;

(d) acid compounds of aluminum.

B.03.002. [S]. Baking Powder shall be a combination of sodium or potassium bicarbonate, an acid-reacting material, starch or other neutral material, may contain an anticaking agent and shall yield not less than 10 per cent of its weight of carbon dioxide, as determined by official method FO-3, Determination of Carbon Dioxide in Baking Powder, October 15, 1981.

SOR/82-768, s. 4; SOR/92-626, s. 12.

Division 4

Cocoa And Chocolate Products B.04.001. The definitions in this section apply in this Division.

“chocolate product” means a product derived from one or more cocoa products and includes chocolate, bittersweet chocolate, semi-sweet chocolate, dark chocolate, sweet chocolate, milk chocolate and white chocolate. (produit de chocolat)

“cocoa product” means a product derived from cocoa beans and includes cocoa nibs, cocoa liquor, cocoa mass, unsweetened chocolate, bitter chocolate, chocolate liquor, cocoa, low fat cocoa, cocoa powder and low fat cocoa powder. (produit du cacao)

“milk ingredient” means one or any combination of

(a) the following products for which a standard is prescribed in this Part, namely,

(i) milk or whole milk,

(ii) skim milk,

(iii) partly skimmed milk or partially skimmed milk,

(iv) sterilized milk,

(v) condensed milk or sweetened condensed milk,

(vi) evaporated milk,

(vii) evaporated skim milk or concentrated skim milk,

(viii) evaporated partly skimmed milk or concentrated partly skimmed milk,

(ix) milk powder or whole milk powder or dry whole milk or powdered whole milk,

(x) skim milk powder or dry skim milk,

(xi) skim milk with added milk solids,

(xii) partly skimmed milk with added milk solids or partially skimmed milk with added milk solids,

(xiii) malted milk or malted milk powder,

(xiv) butter, and

(xv) cream; and

(b) the following products for which a standard is not prescribed by this Part, namely

(i) reconstituted milk or whole milk,

(ii) reconstituted skim milk,

(iii) reconstitued partly skimmed milk,

(iv) partly skimmed milk powder,

(v) buttermilk,

(vi) butter oil, and

(vii) reconstituted cream. (ingrédient laitier)

“sweetening ingredient” means any one or any combination of sweetening agents, except for icing sugar. (ingrédient édulcorant)

SOR/97-263, s. 2.

B.04.002. [S]. Cocoa Beans shall be the seeds of Theobroma cacao L. or a closely related species.

SOR/97-263, s. 2.

B.04.003. [S]. Cocoa Nibs shall be the product prepared by removing the shell from cleaned cocoa beans, of which the residual shell content may not exceed 1.75 per cent by mass, calculated to an alkali free basis if the nibs or the cocoa beans from which the nibs were prepared have been processed with alkali, as determined by the method prescribed in the Official Methods of Analysis of the Association of Official Analytical Chemists, 12th Ed. (1975), sections 13.010 to 13.014, under the heading “Shell in Cacao Nibs—Official Final Action”, published by the Association of Official Analytical Chemists, in Washington.

SOR/97-263, s. 2.

B.04.004. [S]. Cocoa Liquor, Cocoa Mass, Unsweetened Chocolate, Bitter Chocolate or Chocolate Liquor shall

(a) be the product obtained from the mechanical disintegration of the cocoa nib with or without removal or addition of any of its constituents; and

(b) contain not less than 50 per cent cocoa butter.

SOR/97-263, s. 2.

B.04.005. (1) Cocoa products may be processed with one or more of the following pH- adjusting or alkalizing agents:

(a) hydroxides of ammonia, carbonates of ammonia, bicarbonates of ammonia, hydroxides of sodium, carbonates of sodium, bicarbonates of sodium, hydroxides of potassium, carbonates of potassium or bicarbonates of potassium;

(b) carbonates of magnesium or hydroxides of magnesium; and

(2) The quantity of any one pH-adjusting agent referred to in paragraphs (1)(a) to (c) shall not exceed the maximum level of use for that agent set out in column III of an item of Table X to section B.16.100.

(3) The total mass of the pH-adjusting agents referred to in paragraphs (1)(a) to (c) shall not be greater in neutralizing value, calculated from the respective masses of those agents, than the neutralizing value of five parts by mass of anhydrous potassium carbonate for each 100 parts by mass of cocoa product, calculated on a fat-free basis.

(4) Cocoa products may be processed with one or more of the following pH-adjusting or neutralizing agents, added as such or in aqueous solution:

(a) phosphoric acid;

(b) citric acid; and

(5) The total mass of pH-adjusting agents referred to in subsection (4) shall not exceed in neutralizing value, calculated from the respective masses of those agents, the appropriate maximum levels of use set out in column III of Table X to section B.16.100.

(6) For the purpose of subsection (5),

(a) the total quantity of phosphoric acid shall not be greater than 0.5 part by mass, expressed as P2O5, for each 100 parts by mass of cocoa product, calculated on a fat-free basis; and

(b) the total quantity, singly or in combination, of citric acid and L-tartaric acid shall not be greater than 1.0 part by mass for each 100 parts by mass of cocoa product, calculated on a fat- free basis.

SOR/97-263, s. 2.

B.04.006. [S]. Chocolate, Bittersweet Chocolate, Semi-sweet Chocolate or Dark Chocolate

(a) shall be one or more of the following combined with a sweetening ingredient, namely,

(i) cocoa liquor,

(ii) cocoa liquor and cocoa butter, and

(iii) cocoa butter and cocoa powder;

(b) shall contain not less than 35 per cent total cocoa solids, of which

(i) not less than 18 per cent is cocoa butter, and

(ii) not less than 14 per cent is fat-free cocoa solids; and

(i) less than 5 per cent total milk solids from milk ingredients,

(ii) spices,

(iii) flavouring preparations, other than those that imitate the flavour of chocolate or milk, to balance flavour,

(iv) salt, and

(v) any of the following emulsifying agents, which singly shall not exceed the maximum level of use set out in column III of Table IV to section B.16.100, and in combination shall not exceed 1.5 per cent by mass of chocolate product, namely,

(A) mono-glycerides and mono- and diglycerides,

(B) lecithin and hydroxylated lecithin,

(D) polyglycerol esters of interesterified castor oil fatty acids, and

(E) sorbitan monostearate.

SOR/79-664, s. 2; SOR/97-263, s. 2.

B.04.007. [S]. Sweet Chocolate

(a) shall be one or more of the following combined with a sweetening ingredient, namely,

(i) cocoa liquor,

(ii) cocoa liquor and cocoa butter, and

(iii) cocoa butter and cocoa powder;

(b) shall contain not less than 30 per cent total cocoa solids, of which

(i) 18 per cent is cocoa butter, and

(ii) 12 per cent is fat-free cocoa solids; and

(i) less than 12 per cent total milk solids from milk ingredients,

(ii) spices,

(iii) flavouring preparations, other than those that imitate the flavour of chocolate or milk, to balance flavour,

(iv) salt, and

(A) mono-glycerides and mono- and diglycerides,

(B) lecithin and hydroxylated lecithin,

(D) polyglycerol esters of interesterified castor oil fatty acids, and

(E) sorbitan monostearate.

SOR/97-263, s. 2.

B.04.008. [S]. Milk Chocolate

(a) shall be one or more of the following combined with a sweetening ingredient, namely,

(i) cocoa liquor,

(ii) cocoa liquor and cocoa butter, and

(iii) cocoa butter and cocoa powder;

(b) shall contain not less than

(i) 25 per cent total cocoa solids, of which

(A) not less than 15 per cent is cocoa butter, and

(B) not less than 2.5 per cent is fat-free cocoa solids,

(ii) 12 per cent total milk solids from milk ingredients, and

(iii) 3.39 per cent milk fat; and

(i) less than 5 per cent whey or whey products,

(ii) spices,

(iii) flavouring preparations, other than those that imitate the flavour of chocolate or milk, to balance flavour,

(iv) salt, and

(A) mono-glycerides and mono- and diglycerides,

(B) lecithin and hydroxylated lecithin,

(D) polyglycerol esters of interesterified castor oil fatty acids, and

(E) sorbitan monostearate.

SOR/97-263, s. 2

B.04.009. [S]. White Chocolate

(a) shall contain the following combined together, namely,

(i) not less than 20 per cent cocoa butter,

(ii) not less than 14 per cent total milk solids from milk ingredients, and

(iii) not less than 3.5 per cent milk fat; and

(b) may contain

(i) less than 5 per cent whey or whey products,

(ii) spices,

(iii) flavouring preparations, other than those that imitate the flavour of chocolate or milk, to balance flavour,

(iv) salt, and

(A) mono-glycerides and mono- and diglycerides,

(B) lecithin and hydroxylated lecithin,

(D) polyglycerol esters of interesterified castor oil fatty acids, and

(E) sorbitan monostearate.

SOR/97-263, s. 2.

B.04.010. [S]. Cocoa or Cocoa Powder

(a) shall be the product that

(i) is obtained by pulverising the remaining material from partially defatted cocoa liquor by mechanical means, and

(ii) contains not less than 10 per cent cocoa butter; and

(b) may contain

(i) spices,

(ii) flavouring preparations, other than those that imitate the flavour of chocolate or milk, to balance flavour,

(iii) salt, and

(iv) any of the following emulsifying agents, which singly shall not exceed the maximum level of use set out in column III of Table IV to section B.16.100, and in combination shall not exceed 1.5 per cent by mass of cocoa product, namely,

(A) mono-glycerides and mono- and diglycerides,

(B) lecithin and hydroxylated lecithin, and

SOR/82-768, s. 5; SOR/97-263, s. 2.

B.04.011. [S]. Low Fat Cocoa or Low Fat Cocoa Powder

(a) shall be the product that:

(i) is obtained by pulverising the remaining material from partially defatted cocoa liquor by mechanical means, and

(ii) contains less than 10 per cent cocoa butter; and

(b) may contain

(i) spices,

(ii) flavouring preparations, other than those that imitate the flavour of chocolate or milk, to balance flavour,

(iii) salt, and

(A) mono-glycerides and mono- and diglycerides,

(B) lecithin and hydroxylated lecithin, and

SOR/82-768, s. 6; SOR/97-263, s. 2.

B.04.012. No person shall sell a cocoa product or a chocolate product unless it is free from bacteria of the genus Salmonella as determined by official method MFO-11, Microbiological Examination of Cocoa and Chocolate, November 30, 1981.

SOR/97-263, s. 2.

Division 5

Coffee B.05.001. [S]. Green Coffee, Raw Coffee or Unroasted Coffee shall be the seed of Coffee arabica L., C. liberica Hiern, or C. robusta Chev., freed from all but a small portion of its spermoderm.

B.05.002. [S]. Roasted Coffee or Coffee shall be roasted green coffee, and shall contain not less than 10 per cent fat, and may contain not more than six per cent total ash.

B.05.003. [S]. Decaffeinated (indicating the type of coffee)

(a) shall be coffee of the type indicated, from which caffeine has been removed and that, as a result of the removal, contains not more than

(i) 0.1 per cent caffeine, in the case of decaffeinated raw coffee and decaffeinated coffee, or

(ii) 0.3 per cent caffeine, in the case of decaffeinated instant coffee; and

(b) may have been decaffeinated by means of extraction solvents set out in Table XV to Division 16.

SOR/90-443, s. 1.

Division 6

Food Colours

B.06.001. In this Division,

“diluent” means any substance other than a synthetic colour present in a colour mixture or preparation; (diluant)

“dye” means the principal dye and associated subsidiary and isomeric dyes contained in a synthetic colour; (pigment)

“mixture” means a mixture of two or more synthetic colours or a mixture of one or more synthetic colours with one or more diluents; (mélange)

“official method FO-7” means official method FO-7, Determination of Dye Content of Synthetic Food Colours, March 15, 1984; ((méthode officielle FO-7))

“official method FO-8” means official method FO-8, Determination of Water Insoluble Matter in Synthetic Food Colours, March 15, 1984; ((méthode officielle FO-8))

“official method FO-9” means official method FO-9, Determination of Combined Ether Extracts in Synthetic Food Colours, March 15, 1984; ((méthode officielle FO-9))

“official method FO-10” means official method FO-10, Determination of Subsidiary Dyes in Synthetic Food Colours, March 15, 1984; ((méthode officielle FO-1003))

“official method FO-11” means official method FO-11, Determination of Intermediates in Synthetic Food Colours, March 15, 1984; ((méthode officielle FO-11))

“official method FO-12” means official method FO-12, Determination of Volatile Matter in Citrus Red No. 2, March 15, 1984; ((méthode officielle FO-12))

“official method FO-13” means official method FO-13, Determination of Sulphated Ash in Citrus Red No. 2, March 15, 1984; ((méthode officielle FO-13))

“official method FO-14” means official method FO-14, Determination of Water Soluble Matter in Citrus Red No. 2, March 15, 1984; ((méthode officielle FO-14))

“official method FO-15” means offical method FO-15, Determination of Carbon Tetrachloride Insoluble Matter in Citrus Red No. 2, March 15, 1984; ((méthode officielle))

“preparation” means a preparation of one or more synthetic colours containing less than three per cent dye and sold for household use; (préparation)

“synthetic colour” means any organic colour, other than caramel, that is produced by chemical synthesis and has no counterpart in nature and for which a standard is prescribed in sections B.06.041 to B.06.053. (colorant synthétique)

SOR/80-500, s. 2; SOR/84-440, s. 1.

B.06.002. No person shall sell a food, other than a synthetic colour, mixture, preparation or flavouring preparation, that contains, when prepared for consumption according to label directions, more than

(a) 300 parts per million of Allura Red, Amaranth, Erythrosine, Indigotine, Sunset Yellow FCF or Tartrazine or any combination of those colours unless a higher maximum level of use is specified in column III of item 3 of Table III to section B.16.100;

(b) 100 parts per million of Fast Green FCF or Brilliant Blue FCF or any combination of those colours;

(c) 300 parts per million of any combination of the synthetic colours named in paragraphs (a) and (b) within the limits set by those paragraphs; or

(d) 150 parts per million of Ponceau SX.

SOR/80-500, s. 2; SOR/84-440, s. 2; SOR/86-178, s. 1(F); SOR/2007-75, s. 1. Previous Version B.06.003. No person shall sell a colour for use in or upon food that contains more than

(a) three parts per million of arsenic, calculated as arsenic, as determined by official method FO-4, Determination of Arsenic in Food Colours, October 15, 1981;

(b) 10 parts per million of lead, calculated as lead, as determined by official method FO-5, Determination of Lead in Food Colours, October 15, 1981; or

(c) 40 parts per million of heavy metals, except in the case of iron oxide, titanium dioxide, aluminum metal and silver metal.

SOR/80-500, s. 2; SOR/82-768, s. 7.

B.06.004. No person shall sell a synthetic colour for use in or upon food unless

(a) the label carries the lot number and common name of the synthetic colour and the words “Food Colour”;

(b) the Director, or an agency acceptable to the Director, has certified that each lot meets the requirements of section B.06.003 and the standard for such colour as prescribed in sections B.06.041 to B.06.053; and

(c) where the synthetic colour is certified by an agency, a copy of the certificate has been submitted to and accepted by the Director.

SOR/80-500, s. 2.

B.06.005. No person shall import a synthetic colour for use in or upon food unless

(a) the Director, or an agency acceptable to the Director, has certified that each lot meets the requirements of section B.06.003 and the standard for such colour as prescribed in sections B.06.041 to B.06.053; and

(b) where the synthetic colour is certified by an agency, a copy of the certificate has been submitted to and accepted by the Director.

SOR/80-500, s. 2.

B.06.006. No person shall sell a mixture for use in or upon food unless the label carries the lot number of the mixture and the words “Food Colour”.

SOR/80-500, s. 2.

B.06.007. No person shall sell a preparation for use in or upon food unless

(a) the label carries the words “Food Colour Preparation” on its principal display panel; and

(b) in the case of a liquid preparation, the container has a capacity of 60 ml or less and will permit dropwise discharge only.

SOR/80-500, s. 2.

B.06.008. No person shall import or sell a mixture or preparation for use in or upon food unless

(a) the Director, or an agency acceptable to the Director, has certified that any synthetic colour contained therein meets the requirements of section B.06.003 and the standard for such colour as prescribed in sections B.06.041 to B.06.053; or

(b) any synthetic colour contained therein has been previously certified and the certificate has been accepted as required by sections B.06.004 and B.06.005.

SOR/80-500, s. 2.

B.06.009. to B.06.013. [Repealed, SOR/80-500, s. 2]

Natural Colours

B.06.021. [S]. Oil-soluble Annatto, Annatto Butter Colour, or Annatto Margarine Colour

(a) shall be the extractives of Bixa orellana seeds

(i) dissolved in vegetable oil, castor oil, monoglycerides and diglycerides, propylene glycol or propylene glycol monoesters and diesters of fat-forming fatty acids, with or without one per cent potassium hydroxide, or

(ii) suspended upon sugar, lactose, starch or hydrated calcium silicate, with or without calcium phosphate, potassium aluminum sulphate, sodium bicarbonate or salt; and

(b) shall contain not less than 0.30 per cent total pigments calculated as natural (cis-) bixin, which pigments shall consist of not less than 40 per cent natural (cis-) bixin.

B.06.022. [S]. ß-Carotene shall be the food colour chemically known as ß-carotene that is manufactured synthetically and shall conform to the following specifications:

(a) one per cent solution in chloroform .......clear;

(b) loss of weight on drying .......not more than 0.2 per cent;

(d) assay (spectrophotometric) .......96 to 101 per cent.

B.06.023. [S]. ß-Apo-8′-Carotenal shall be the food colour chemically known as ß-apo-8′ carotenal and shall conform to the following specifications:

(a) one per cent solution in chloroform .......clear;

(b) melting point (decomposition) .......136°C. to 140°C (corrected);

(d) residue on ignition .......not more than 0.2 per cent; and

(e) assay (spectrophotometric) .......96 to 101 per cent.

B.06.024. [S]. Canthaxanthin shall be the food colour chemically known as canthaxanthin and shall conform to the following specifications:

(a) one per cent solution in chloroform .......clear;

(b) loss of weight on drying .......not more than 0.2 per cent;

B.06.025. [S]. Ethyl ß-apo-8′-carotenoate shall be the food colour chemically known as ethyl ß-apo-8′-carotenoate and shall conform to the following specifications:

(a) one per cent solution in chloroform .......clear

(b) loss of weight on drying .......not more than 0.2 per cent, and

SOR/84-300, s. 19(F).

Inorganic Colours

B.06.031. [S]. Carbon black shall be carbon prepared from natural gas by the “channel” or “impingement” process and shall contain no higher aromatic hydrocarbons or tarry materials as determined by official method FO-6, Determination of Higher Aromatic Hydrocarbons or Tarry Materials in Carbon Black and Charcoal, October 15, 1981.

SOR/82-768, s. 8.

B.06.032. [S]. Charcoal shall be carbon prepared by the incomplete combustion of vegetable matter and shall contain no higher aromatic hydrocarbons or tarry materials as determined by official method FO-6, Determination of Higher Aromatic Hydrocarbons or Tarry Materials in Carbon Black and Charcoal, October 15, 1981.

SOR/82-768, s. 8.

B.06.033. [S]. Titanium Dioxide shall be the chemical substance known as titanium dioxide and shall contain not less than 99 per cent titanium dioxide, and notwithstanding section B.06.006, shall contain not more than 50 parts per million of total antimony expressed as the metal and as determined by an acceptable method.

Synthetic Colours

B.06.041. [S]. Amaranth shall be the trisodium salt of 1-(4-sulpho-1-naphthylazo)-2 naphthol-3,6-disulphonic acid, shall contain not less than 85 per cent dye, as determined by official method FO-7, and may contain not more than

(a) 0.2 per cent water insoluble matter, as determined by official method FO-8;

(b) 0.2 per cent combined ether extracts, as determined by official method FO-9;

(d) 0.5 per cent intermediates, as determined by official method FO-11.

SOR/82-768, s. 9; SOR/84-440, s. 3.

B.06.042. [S]. Erythrosine shall be the disodium salt of 2,4,5,7-tetraiodofluorescein, shall contain not less than 85 per cent dye calculated as the monohydrate, as determined by official method FO-7, and may contain not more than

(a) 0.2 per cent water insoluble matter, as determined by official method FO-8;

(b) 0.2 per cent combined ether extracts, as determined by official method FO-9;

(d) 0.5 per cent intermediates, as determined by official method FO-11.

SOR/82-768, s. 9; SOR/84-440, s. 3.

B.06.043. [S]. Ponceau SX shall be the disodium salt of 2-(5-sulpho-2,4-xylylazo)-1 naphthol-4-sulphonic acid, shall contain not less than 85 per cent dye, as determined by official method FO-7, and may contain not more than

(a) 0.2 per cent water insoluble matter, as determined by official method FO-8;

(b) 0.2 per cent combined ether extracts, as determined by official method FO-9;

(d) 0.5 per cent intermediates, as determined by official method FO-11.

SOR/82-768, s. 9; SOR/84-440, s. 3.

B.06.044. [S]. Allura Red shall be the disodium salt of 6-hydroxy-5-[(2-methoxy-5-methyl 4-sulphophenyl)azo]-2-naphthalene sulphonic acid, shall contain not less than 85 per cent dye, as determined by official method FO-7, and may contain not more than

(a) 0.2 per cent water insoluble matter, as determined by official method FO-8;

(b) 0.2 per cent combined ether extracts, as determined by official method FO-9;

(d) 0.5 per cent intermediates, as determined by official method FO-11.

SOR/84-440, s. 3.

B.06.045. [S]. Tartrazine shall be the trisodium salt of 3-carboxy-5-hydroxy-1-p sulphophenyl-4-p-sulphophenyl-azopyrazole, shall contain not less than 85 per cent dye, as determined by official method FO-7, and may contain not more than

(a) 0.2 per cent water insoluble matter, as determined by official method FO-8;

(b) 0.2 per cent combined ether extracts, as determined by official method FO-9;

(d) 0.5 per cent intermediates, as determined by official method FO-11.

SOR/82-768, s. 10; SOR/84-440, s. 3.

B.06.046. [S]. Sunset Yellow FCF shall be the disodium salt of 1-p-sulphophenylazo-2 naphthol-6-sulphonic acid, shall contain not less than 85 per cent dye, as determined by official method FO-7, and may contain not more than

(a) 0.2 per cent water insoluble matter, as determined by official method FO-8;

(b) 0.2 per cent combined ether extracts, as determined by official method FO-9;

(d) 0.5 per cent intermediates, as determined by official method FO-11.

SOR/82-768, s. 10; SOR/84-440, s. 3.

B.06.049. [S]. Fast Green FCF shall be the disodium salt of 4,4′-di(N-ethyl-m sulphobenzylamino)-2″-sulpho-4″-hydroxytriphenylmethanol anhydride, shall contain not less than 85 per cent dye, as determined by official method FO-7, and may contain not more than

(a) 0.2 per cent water insoluble matter, as determined by official method FO-8;

(b) 0.4 per cent combined ether extracts, as determined by official method FO-9;

(d) 1.0 per cent intermediates, as determined by official method FO-11.

SOR/82-768, s. 11; SOR/84-440, s. 3.

B.06.050. [S]. Indigotine shall be the disodium salt of indigotine-5,5′-disulphonic acid, shall contain not less than 85 per cent dye, as determined by official method FO-7, and may contain not more than

(a) 0.2 per cent water insoluble matter, as determined by official method FO-8;

(b) 0.4 per cent combined ether extracts, as determined by official method FO-9;

(d) 0.5 per cent intermediates, as determined by official method FO-11.

SOR/82-768, s. 11; SOR/84-440, s. 3.

B.06.051. [S]. Brilliant Blue FCF shall be the disodium salt of 4,4′-di (N-ethyl-m sulphobenzylamino)-2″-sulphotriphenylmethanol anhydride, shall contain not less than 85 per cent dye, as determined by official method FO-7, and may contain not more than

(a) 0.2 per cent water insoluble matter, as determined by official method FO-8;

(b) 0.4 per cent combined ether extracts, as determined by official method FO-9;

(d) 2.0 per cent intermediates, as determined by official method FO-11.

SOR/82-768, s. 11; SOR/84-440, s. 3.

B.06.053. [S]. Citrus Red. No. 2 shall be 1-(2,5-dimethoxyphenylazo)-2-naphthol, shall contain not less than 98 per cent dye, as determined by official method FO-7, and may contain not more than

(a) 0.5 per cent volatile matter (at 100°C), as determined by official method FO-12;

(b) 0.3 per cent sulphated ash, as determined by official method FO-13;

(d) 0.5 per cent carbon tetrachloride insoluble matter, as determined by official method FO 15;

(e) 0.05 per cent uncombined intermediates; and

(f) 2.0 per cent subsidiary dyes.

SOR/82-768, s. 12; SOR/84-440, s. 3.

B.06.061. The lake of any water soluble synthetic colour for which a standard is provided in sections B.06.041, B.06.042, B.06.043, B.06.044, B.06.045, B.06.046, B.06.049, B.06.050 or B.06.051 shall be the calcium or aluminum salt of the respective colour extended on alumina.

SOR/82-1071, s. 3; SOR/84-300, s. 20; SOR/87-640, s. 2.

B.06.062. [Repealed, SOR/82-768, s. 13]

Division 7

Spices, Dressings And Seasonings B.07.001. [S]. Allspice or Pimento, whole or ground, shall be the dried, full but unripe whole berries of Pimenta dioica (L) Merr. and shall contain

(a) not more than

(i) 25 per cent crude fibre,

(ii) 5.5 per cent total ash,

(iii) 0.4 per cent ash insoluble in hydrochloric acid, and

(iv) 12 per cent moisture; and

(b) not less than 2.5 millilitres volatile oil per 100 grams of spice.

SOR/79-659, s. 1.

B.07.002. [S]. Anise or Anise Seed, whole or ground, shall be the dried fruit of Pimpinella anisum L. and shall contain

(a) not more than

(i) nine per cent total ash,

(ii) one per cent ash insoluble in hydrochloric acid, and

(iii) 10 per cent moisture; and

(b) not less than two millilitres volatile oil per 100 grams of spice.

SOR/79-659, s. 1.

B.07.003. [S]. Basil or Sweet Basil, whole or ground, shall be the dried leaves of Ocimum basilicum L. and shall contain

(a) not more than

(i) 15 per cent total ash,

(ii) two per cent ash insoluble in hydrochloric acid, and

(iii) nine per cent moisture; and

(b) not less than 0.2 millilitre volatile oil per 100 grams of spice.

SOR/79-659, s. 1.

B.07.004. [S]. Bay Leaves or Laurel Leaves, whole or ground, shall be the dried leaves of Laurus nobilis L. and shall contain

(a) not more than

(i) 4.5 per cent total ash,

(ii) 0.5 per cent ash insoluble in hydrochloric acid, and

(iii) seven per cent moisture; and

(b) not less than one millilitre volatile oil per 100 grams of spice.

SOR/79-659, s. 1.

B.07.005. [S]. Caraway or Caraway Seed, whole or ground, shall be the dried fruit of the caraway plant, Carum carvi L. and shall contain

(a) not more than

(i) eight per cent total ash,

(ii) one per cent ash insoluble in hydrochloric acid, and

(iii) 11.5 per cent moisture; and

(b) not less than two millilitres volatile oil per 100 grams of spice.

SOR/79-659, s. 1.

B.07.006. [S]. Cardamom or Cardamom Seed, bleached or green, whole or ground, shall be the dried ripe fruit of Elettaria cardamomum Maton and shall contain

(a) not more than

(i) eight per cent total ash,

(ii) three per cent ash insoluble in hydrochloric acid, and

(iii) 13 per cent moisture; and

(b) not less than three millilitres volatile oil per 100 grams of spice.

SOR/79-659, s. 1.

B.07.007. [S]. Cayenne Pepper or Cayenne, whole or ground,

(a) shall be the dried ripe fruit of Capsicum frutescens L., Capsicum baccatum L., or other small-fruited species of Capsicum and shall contain not more than

(i) 1.5 per cent starch,

(ii) 28 per cent crude fibre,

(iii) 10 per cent total ash,

(iv) 1.5 per cent ash insoluble in hydrochloric acid, and

(v) 10 per cent moisture; and

(b) may contain silicon dioxide as an anti-caking agent in an amount not exceeding 2.0 per cent.

SOR/79-659, s. 1; SOR/84-17, s. 2.

B.07.008. [S]. Celery Salt

(a) shall be a combination of

(i) ground celery seed or ground dehydrated celery, and

(ii) salt in an amount not exceeding 75 per cent; and

(b) may contain silicon dioxide as an anticaking agent in an amount not exceeding 0.5 per cent.

SOR/79-659, s. 1.

B.07.009. [S]. Celery Seed, whole or ground, shall be the dried ripe fruit of Apium graveolens L. and shall contain

(a) not more than

(i) 12 per cent total ash,

(ii) two per cent ash insoluble in hydrochloric acid, and

(iii) 10 per cent moisture; and

(b) not less than 1.5 millilitres volatile oil per 100 grams of spice.

SOR/79-659, s. 1.

B.07.010. [S]. Celery Pepper

(a) shall be a combination of

(i) ground celery seed or ground dehydrated celery, and

(ii) ground black pepper in an amount not exceeding 70 per cent; and

(b) may contain silicon dioxide as an anticaking agent in an amount not exceeding 0.5 per cent.

SOR/79-659, s. 1.

B.07.011. [S]. Cinnamon or Cassia, whole or ground, shall be the dried bark of trees of the genus Cinnamomum of Species C. burmanni Blume, C. loureirii Nees or C. Cassia Blume and shall contain

(a) not more than

(i) six per cent total ash,

(ii) two per cent ash insoluble in hydrochloric acid, and

(iii) 13 per cent moisture; and

(b) not less than 1.2 millilitres volatile oil per 100 grams of spice.

SOR/79-659, s. 1.

B.07.012. [S]. Ceylon Cinnamon, whole or ground, shall be cinnamon obtained exclusively from Cinnamomum zeylanicum Nees.

SOR/79-659, s. 1.

B.07.013. [S]. Cloves, whole or ground, shall be the dried unopened flower buds of Eugenia caryophyllus (Spreng) and shall contain

(a) not more than

(i) five per cent clove stems,

(ii) six per cent total ash,

(iii) 0.5 per cent ash insoluble in hydrochloric acid,

(iv) 10 per cent crude fibre, and

(v) eight per cent moisture; and

(b) not less than 13 millilitres volatile oil per 100 grams of spice.

SOR/79-659, s. 1.

B.07.014. [S]. Coriander or Coriander Seed, whole or ground, shall be the dried fruit of Coriandrum sativum L. and shall contain

(a) not more than

(i) seven per cent total ash,

(ii) one per cent ash insoluble in hydrochloric acid, and

(iii) nine per cent moisture; and

(b) not less than 0.3 millilitre volatile oil per 100 grams of spice.

SOR/79-659, s. 1.

B.07.015. [S]. Cumin or Cumin Seed, whole or ground, shall be the dried seeds of Cuminum cyminum L. and shall contain

(a) not more than

(i) 9.5 per cent total ash,

(ii) 1.5 per cent ash insoluble in hydrochloric acid, and

(iii) nine per cent moisture; and

(b) not less than 2.5 millilitres volatile oil per 100 grams of spice.

SOR/79-659, s. 1.

B.07.016. [S]. Curry Powder shall be any combination of

(a) turmeric with spices and seasoning; and

(b) salt in an amount not exceeding five per cent.

SOR/79-659, s. 1.

B.07.017. [S]. Dill Seed, whole or ground, shall be the dried fruit of Anethum graveolens L., or Anethum sowa D.C. and shall contain

(a) not more than

(i) 10 per cent total ash,

(ii) two per cent ash insoluble in hydrochloric acid, and

(iii) nine per cent moisture; and

(b) not less than two millilitres volatile oil per 100 grams of spice.

SOR/79-659, s. 1.

B.07.018. [S]. Fennel or Fennel Seed, whole or ground, shall be the dried ripe fruit of Foeniculum vulgare Mill. and shall contain

(a) not more than

(i) 10 per cent total ash,

(ii) one per cent ash insoluble in hydrochloric acid, and

(iii) 10 per cent moisture; and

(b) not less than one millilitre volatile oil per 100 grams of spice.

SOR/79-659, s. 1.

B.07.019. [S]. Fenugreek, whole or ground, shall be the dried ripe fruit of Trigonella foenumgraecum L. and shall contain not more than

(a) five per cent total ash;

(b) one per cent ash insoluble in hydrochloric acid; and

SOR/79-659, s. 1.

B.07.020. [S]. Garlic Salt

(a) shall be a combination of

(i) powdered dehydrated garlic, and

(ii) salt in an amount not exceeding 75 per cent; and

(b) may contain one or more of the following anticaking agents in a total amount not exceeding two per cent:

calcium aluminum silicate, calcium phosphate tribasic, calcium silicate, calcium stearate, magnesium carbonate, magnesium silicate, magnesium stearate, silicone dioxide in an amount not exceeding one per cent and sodium aluminum silicate.

SOR/79-659, s. 1.

B.07.021. [S]. Ginger whole or ground, shall be the washed and dried or decorticated rhizome of Zingiber officinale Roscoe and shall contain

(a) not more than

(i) seven per cent total ash,

(ii) one per cent ash insoluble in hydrochloric acid, and

(iii) 12.5 per cent moisture; and

(b) not less than 1.5 millilitres volatile oil per 100 grams of spice.

SOR/79-659, s. 1.

B.07.022. [S]. Mace, whole or ground, shall be the dried arillus of Myristica fragrans Houttyn and shall contain

(a) not more than

(i) 3.5 per cent total ash,

(ii) 0.5 per cent ash insoluble in hydrochloric acid, and

(iii) eight per cent moisture, and

(b) not less than 11 millilitres volatile oil per 100 grams of spice,

and the total non-volatile extracts obtainable therefrom by

(d) ethyl ether, after preliminary extraction with petroleum ether, shall not exceed five per cent.

SOR/79-659, s. 1.

B.07.023. [S]. Marjoram, whole or ground, shall be the dried leaves, with or without a small proportion of the flowering tops, of Marjorana hortensis Moench and shall contain

(a) not more than

(i) 10 per cent stems and foreign material of plant origin,

(ii) 13.5 per cent total ash,

(iii) 4.5 per cent ash insoluble in hydrochloric acid, and

(iv) 10 per cent moisture; and

(b) not less than 0.7 millilitre volatile oil per 100 grams of spice.

SOR/79-659, s. 1.

B.07.024. [S]. Mustard Seed shall be the seed of Sinapis alba, Brassica hirta Moench, Brassica juncea (L) Cosson or Brassica nigra and shall contain

(a) not more than

(i) seven per cent total ash,

(ii) one per cent ash insoluble in hydrochloric acid, and

(iii) 11 per cent moisture; and

(b) not less than 25 per cent non-volatile ether extract.

SOR/79-659, s. 1.

B.07.025. [S]. Mustard, Mustard Flour or Ground Mustard shall be powdered mustard seed

(a) made from mustard seed from which

(i) most of the hulls have been removed, and

(ii) a portion of the fixed oil may have been removed; and

(b) that contains not more than

(i) 1.5 per cent starch, and

(ii) eight per cent total ash, on an oil-free basis.

SOR/79-659, s. 1; SOR/2010-142, s. 3(F). Previous Version B.07.026. [S]. Nutmeg, whole or ground, shall be the dried seed of Myristica fragrans Houttyn and may, prior to grinding, have a thin coating of lime and shall contain

(a) not more than

(i) three per cent total ash,

(ii) 0.5 per cent ash insoluble in hydrochloric acid, and

(iii) eight per cent moisture; and

(b) not less than

(i) 25 per cent non-volatile ether extract, and

(ii) 6.5 millilitres volatile oil per 100 grams of spice.

SOR/79-659, s. 1.

B.07.027. [S]. Onion Salt

(a) shall be a combination of

(i) powdered dehydrated onion, and

(ii) salt in an amount not exceeding 75 per cent; and

(b) may contain one or more of the following anticaking agents in a total amount not exceeding two per cent:

calcium aluminum silicate, calcium phosphate tribasic, calcium silicate, calcium stearate, magnesium carbonate, magnesium silicate, magnesium stearate, silicon dioxide in an amount not exceeding one per cent and sodium aluminum silicate.

SOR/79-659, s. 1.

B.07.028. [S]. Oregano, whole or ground, shall be the dried leaves of Origanum vulgar L. or Origanum Spp. and shall contain

(a) not more than

(i) 10 per cent total ash,

(ii) two per cent ash insoluble in hydrochloric acid, and

(iii) 10 per cent moisture; and

(b) not less than 2.5 millilitres volatile oil per 100 grams of spice.

SOR/79-659, s. 1.

B.07.029. [S]. Paprika shall be the dried, ground ripe fruit of Capsicum annuum L. and

(a) shall contain not more than

(i) 23 per cent crude fibre,

(ii) 8.5 per cent total ash,

(iii) one per cent ash insoluble in hydrochloric acid, and

(iv) 12 per cent moisture; and

(b) may contain silicon dioxide as an anti-caking agent in an amount not exceeding 2.0 per cent.

SOR/79-659, s. 1; SOR/84-17, s. 3.

B.07.030. [S]. Black Pepper or Peppercorn, whole or ground, shall be the dried, immature berry of Piper nigrum L. and shall contain

(a) not more than

(i) seven per cent total ash,

(ii) one per cent ash insoluble in hydrochloric acid, and

(iii) 12 per cent moisture;

(b) not less than

(i) six per cent non-volatile methylene chloride extract,

(ii) 30 per cent pepper starch, and

(iii) 2.0 millilitres volatile oil per 100 grams of spice; and

SOR/79-659, s. 1.

B.07.031. [S]. White Pepper, whole or ground, shall be the dried, mature berry of Piper nigrum L., from which the outer coating is and the inner coating may be removed and shall contain

(a) not more than

(i) five per cent crude fibre,

(ii) 2.5 per cent total ash,

(iii) 0.3 per cent ash insoluble in hydrochloric acid, and

(iv) 15 per cent moisture; and

(b) not less than

(i) six per cent non-volatile methylene chloride extract,

(ii) 52 per cent pepper starch, and

(iii) one millilitre volatile oil per 100 grams of spice.

SOR/79-659, s. 1.

B.07.032. [S]. Poppy seed shall be the dried seed of Papaver somniferum L. and shall contain

(a) not more than

(i) seven per cent total ash, and

(ii) one per cent ash insoluble in hydrochloric acid; and

(b) not less than 40 per cent non-volatile ether extract.

SOR/79-659, s. 1.

B.07.033. [S]. Rosemary, whole or ground, shall be the dried leaves of Rosemarinus officinalis L. and shall contain

(a) not more than

(i) 7.5 per cent total ash,

(ii) one per cent ash insoluble in hydrochloric acid, and

(iii) nine per cent moisture; and

(b) not less than 1.2 millilitres volatile oil per 100 grams of spice.

SOR/78-637, s. 1; SOR/79-659, s. 1.

B.07.034. [S]. Sage, whole or ground, shall be the dried leaves of the sage plant Salvia officinalis L., Salvia triloba L. or Salvia lavandulaefolia Vahl. and shall contain

(a) not more than

(i) 12 per cent stems excluding petioles and foreign material of plant origin,

(ii) 10 per cent total ash,

(iii) one per cent ash insoluble in hydrochloric acid, and

(iv) 10 per cent moisture; and

(b) not less than one millilitre volatile oil per 100 grams of spice.

SOR/79-659, s. 1.

B.07.035. [S]. Savory, whole or ground, shall be the dried leaves and flowering tops of Satureja hortensis L. or Satureja montana L. and shall contain

(a) not more than

(i) 11 per cent total ash,

(ii) two per cent ash insoluble in hydrochloric acid, and

(iii) 14 per cent moisture; and

(b) not less than 0.8 millilitre volatile oil per 100 grams of spice.

SOR/79-659, s. 1.

B.07.036. [S]. Sesame Seed shall be the dried hulled seed of Sesamum indicum L. and shall contain

(a) not more than eight per cent moisture; and

(b) not less than 50 per cent non-volatile ether extract.

SOR/79-659, s. 1; SOR/2010-142, s. 4(F). Previous Version B.07.037. [S]. Tarragon, whole or ground, shall be the dried leaves and flowering tops of Artemisia dracunculus L. and shall contain

(a) not more than

(i) 15 per cent total ash,

(ii) 1.5 per cent ash insoluble in hydrochloric acid, and

(iii) 10 per cent moisture; and

(b) not less than 0.3 millilitre volatile oil per 100 grams of spice.

SOR/79-659, s. 1.

B.07.038. [S]. Thyme, whole or ground, shall be the dried leaves and flowering tops of the thyme plant Thymus vulgaris L. or Thymus zygis L. and shall contain

(a) not more than

(i) 12 per cent total ash,

(ii) five per cent ash insoluble in hydrochloric acid, and

(iii) nine per cent moisture; and

(b) not less than 0.9 millilitre volatile oil per 100 grams of spice.

SOR/79-659, s. 1.

B.07.039. [S]. Turmeric, whole or ground, shall be the dried rhizome of Curcuma longa L. and shall contain

(a) not more than

(i) seven per cent total ash,

(ii) 1.5 per cent ash insoluble in hydrochloric acid, and

(iii) 10 per cent moisture; and

(b) not less than 3.5 millilitres volatile oil per 100 grams of spice.

SOR/79-659, s. 1.

B.07.040. [S]. Mayonnaise, Mayonnaise Dressing or Mayonnaise Salad Dressing

(a) shall be a combination of

(i) vegetable oil,

(ii) whole egg or egg yolk, in liquid, frozen or dried form, and

(iii) vinegar or lemon juice;

(b) may contain

(i) water,

(ii) salt,

(iii) a sweetening agent,

(iv) spice or other seasoning except turmeric or saffron,

(v) citric, tartaric or lactic acid, and

(vi) a sequestering agent; and

SOR/79-659, s. 1.

B.07.041. [S]. French Dressing

(a) shall be a combination of

(i) vegetable oil, and

(ii) vinegar or lemon juice;

(b) may contain

(i) water,

(ii) salt,

(iii) a sweetening agent,

(iv) spice, tomato or other seasoning,

(v) an emulsifying agent,

(vi) whole egg or egg yolk, in liquid, frozen or dried form,

(vii) citric, tartaric or lactic acid, and

(viii) a sequestering agent; and

SOR/79-659, s. 1.

B.07.042. [S]. Salad Dressing

(a) shall be a combination of

(i) vegetable oil,

(ii) whole egg or egg yolk, in liquid, frozen or dried form,

(iii) vinegar or lemon juice, and

(iv) starch, flour, rye flour or tapioca flour or any combination thereof;

(b) may contain

(i) water,

(ii) salt,

(iii) a sweetening agent,

(iv) spice or other seasoning,

(v) an emulsifying agent,

(vi) citric, tartaric or lactic acid, and

(vii) a sequestering agent; and

SOR/79-659, s. 1.

B.07.043. No person shall sell a dressing that contains more than five per cent C22 Monoenoic Fatty Acids calculated as a proportion of the total fatty acids contained in the dressing.

SOR/79-659, s. 1.

Division 8

Dairy Products B.08.001. The foods referred to in this Division are dairy products.

B.08.001.1 The following definitions apply in this Division.

“milk product” means

(a) with respect to butter or whey butter, any of the following products, namely,

(i) partly skimmed milk, skim milk, cream, buttermilk and whey cream, and

(ii) milk in concentrated, dried or reconstituted form and any product referred to in subparagraph (i) in concentrated, dried or reconstituted form;

(b) with respect to cheese, any of the following products, namely,

(i) partly skimmed milk, skim milk, cream, buttermilk, whey and whey cream,

(ii) milk in concentrated, dried, frozen or reconstituted form and any product referred to in subparagraph (i) in concentrated, dried, frozen or reconstituted form,

(iii) butter, butter oil and whey butter,

(iv) any constituent of milk — other than water — singly or in combination with other constituents of milk, and

(v) whey protein concentrate;

(c) with respect to cold-pack cheese food, cold-pack cheese food with (naming the added ingredients), cream cheese spread, cream cheese spread with (naming the added ingredients), processed cheese food, processed cheese food with (naming the added ingredients), processed cheese spread or processed cheese spread with (naming the added ingredients), any of the following products, namely,

(i) butter, whey butter and whey,

(ii) whey protein concentrate, and

(iii) any product referred to in subparagraph (i) in concentrated or dried form; and

(d) with respect to ice milk mix, ice cream mix or sherbet, any of the products referred to in subparagraph (a)(i) or (ii) or (c)(i) or (ii). (produit du lait)

“ultrafiltered”, in relation to milk, partly skimmed milk or skim milk, means that the milk, partly skimmed milk or skim milk has been subjected to a process in which it is passed over one or more semi-permeable membranes to partially remove water, lactose, minerals and water-soluble vitamins without altering the whey protein to casein ratio and that results in a liquid product. (ultrafiltré)

SOR/92-400, s. 1. SOR/97-543, s. 1(F); SOR/98-580, s. 1(F); SOR/2007-302, s. 1; SOR/2010-94, s. 2. Previous Version B.08.002. Except as provided in these Regulations, a dairy product that contains a fat other than milk fat is adulterated.

B.08.002.1. Sections B.08.003 to B.08.028 do not apply to a lacteal secretion obtained from the mammary gland of any animal other than a cow, genus Bos, or a product or derivative of such secretion.

SOR/85-623, s. 1.

B.08.002.2 (1) Subject to subsection (2), no person shall sell the normal lacteal secretion obtained from the mammary gland of the cow, genus Bos, or of any other animal, or sell a dairy product made with any such secretion, unless the secretion or dairy product has been pasteurized by being held at a temperature and for a period that ensure the reduction of the alkaline phosphatase activity so as to meet the tolerances specified in official method MFO-3, Determination of Phosphatase Activity in Dairy Products, dated November 30, 1981.

(2) Subsection (1) does not apply to

(a) cheese; or

(b) any food that is sold for further manufacturing or processing in order to pasteurize it in the manner described in subsection (1).

SOR/91-549, s. 1; SOR/95-499, s. 1.

Milk

B.08.003. [S]. Milk or Whole Milk

(a) shall be the normal lacteal secretion obtained from the mammary gland of the cow, genus Bos; and

(b) shall contain added vitamin D in such an amount that a reasonable daily intake of the milk contains not less than 300 International Units and not more than 400 International Units of vitamin D.

SOR/95-499, s. 2.

B.08.004. [S]. Skim Milk

(a) shall be milk that contains not more than 0.3 per cent milk fat;

(b) shall, notwithstanding sections D.01.009 and D.01.010, contain added vitamin A in such an amount that a reasonable daily intake of the milk contains not less than 1,200 International Units and not more than 2,500 International Units of vitamin A; and

(c) shall contain vitamin D in such an amount that a reasonable daily intake of the milk contains not less than 300 International Units and not more than 400 International Units of vitamin D.

SOR/78-656, s. 1.

B.08.005. [S]. Partly Skimmed Milk or Partially Skimmed Milk

(a) shall be derived from milk that has had its fat content reduced by mechanical separation or adjusted by the addition of cream, milk, partly skimmed milk or skim milk, either singly or in combination;

(b) shall, notwithstanding sections D.01.009 and D.01.010, contain added vitamin A in such an amount that a reasonable intake of the milk contains not less than 1,200 International Units and not more than 2,500 International Units of vitamin A; and

(c) shall contain vitamin D in such an amount that a reasonable daily intake of the milk contains not less than 300 International Units and not more than 400 International Units of vitamin D.

SOR/78-656, s. 2.

B.08.006. [S]. Milk Fat or Butter Fat shall be the fat of cow’s milk, and shall have

(a) a specific gravity of not less than 0.905 at a temperature of 40°,

(b) a tocopherol content not greater than 50 micrograms per gram, as determined by official method FO-16, Determination of Tocopherol in Milk Fat or Butter Fat, October 15, 1981,

(d) a Polenske number not exceeding 10 per cent of the Reichert-Meissl number and in no case shall the Polenske number exceed 3.5, and

where the tocopherol content is greater than 50 micrograms per gram or the Polenske number exceeds 10 per cent of the Reichert-Meissl number, there shall be deemed to have been an addition to the milk fat of fat other than that of cow’s milk.

SOR/82-768, s. 14.

B.08.007. [S]. Sterilized Milk

(a) and (b) [Repealed, SOR/97-148, s. 1]

(i) 11.75 per cent milk solids, and

(ii) 3.25 per cent milk fat; and

(d) shall contain added vitamin D in such an amount that a reasonable daily intake of the milk contains not less than 300 International Units and not more than 400 International Units of vitamin D.

SOR/97-148, s. 1.

B.08.008. The percentage of milk fat contained in

(a) partly skimmed milk or partially skimmed milk,

(b) partly skimmed milk with added milk solids or partially skimmed milk with added milk solids, or

shall be shown on the principal display panel followed by the words “milk fat” or the abbreviation “B.F.” or “M.F.”.

B.08.009. [S]. Condensed Milk or Sweetened Condensed Milk shall be milk from which water has been evaporated and to which has been added sugar, dextrose, glucose, glucose solids or lactose, or any combination thereof, may contain added vitamin D and shall contain not less than

(a) 28 per cent milk solids; and

(b) eight per cent milk fat.

B.08.010. [S]. Evaporated Milk

(a) shall be milk from which water has been evaporated;

(b) shall contain not less than

(i) 25.0 per cent milk solids, and

(ii) 7.5 per cent milk fat;

(c) shall, notwithstanding sections D.01.009 to D.01.011, contain added vitamin C in such an amount that a reasonable daily intake of the milk contains not less than 60 milligrams and not more than 75 milligrams of vitamin C;

(d) shall contain vitamin D in such an amount that a reasonable daily intake of the milk contains not less than 300 International Units and not more than 400 International Units of vitamin D; and

(e) may contain

(i) added disodium phosphate or sodium citrate, or both, and

(ii) an emulsifying agent.

SOR/78-656, s. 3; SOR/92-400, s. 2.

B.08.011. [S]. Evaporated Skim Milk or Concentrated Skim Milk

(a) shall be milk that has been concentrated to at least one-half of its original volume by the removal of water;

(b) shall contain

(i) not more than 0.3 per cent milk fat, and

(ii) not less than 17.0 per cent milk solids other than fat;

(c) shall, notwithstanding sections D.01.009 and D.01.010, contain added vitamin A in such an amount that a reasonable daily intake of the milk contains not less than 1,200 International Units and not more than 2,500 International Units of vitamin A;

(d) shall, notwithstanding sections D.01.009 to D.01.011, contain added vitamin C in such an amount that a reasonable daily intake of the milk contains not less than 60 milligrams and not more than 75 milligrams of vitamin C;

(e) shall contain added vitamin D in such an amount that a reasonable daily intake of the milk contains not less than 300 International Units and not more than 400 International Units of vitamin D; and

(f) may contain added disodium phosphate or sodium citrate, or both.

B.08.012. [S]. Evaporated Partly Skimmed Milk or Concentrated Partly Skimmed Milk

(a) shall be milk from which part of the milk fat has been removed;

(b) shall be concentrated to at least one-half its original volume by the removal of water;

(d) shall, notwithstanding sections D.01.009 and D.01.010, contain added vitamin A in such an amount that a reasonable daily intake of the milk contains not less than 1,200 International Units and not more than 2,500 International Units of vitamin A;

(e) shall, notwithstanding sections D.01.009 to D.01.011, contain added vitamin C in such an amount that a reasonable daily intake of the milk contains not less than 60 milligrams and not more than 75 milligrams of vitamin C;

(f) shall contain added vitamin D in such an amount that a reasonable daily intake of the milk contains not less than 300 International Units and not more than 400 International Units of vitamin D; and

(g) may contain

(i) an emulsifying agent, and

(ii) added disodium phosphate or sodium citrate, or both.

B.08.013. [S]. Milk Powder, Whole Milk Powder, Dry Whole Milk, or Powdered Whole Milk

(a) shall be dried milk;

(b) shall contain not less than

(i) 95 per cent milk solids, and

(ii) 26 per cent milk fat;

(c) shall contain added vitamin D in such an amount that a reasonable daily intake of the milk contains not less than 300 International Units and not more than 400 International Units of vitamin D; and

(d) may contain the emulsifying agent lecithin in an amount not exceeding 0.5 per cent.

SOR/78-656, s. 4; SOR/83-932, s. 2.

B.08.014. [S]. Skim Milk Powder or Dry Skim Milk

(a) shall be dried skim milk;

(b) shall contain not less than 95 per cent milk solids; and

(d) shall contain added vitamin D in such an amount that a reasonable daily intake of the milk contains not less than 300 International Units and not more than 400 International Units of vitamin D; and

(e) may contain an anti-foaming agent.

SOR/78-656, s. 5; SOR/80-501, s. 2(F).

B.08.014A. No person shall sell milk powder, whole milk powder, dry whole milk, powdered whole milk, skim milk powder or dry skim milk unless it is free from bacteria of the genus Salmonella, as determined by official method MFO-12, Microbiological Examination of Milk Powder, November 30, 1981.

SOR/78-656, s. 6; SOR/82-768, s. 15.

B.08.015. No person shall sell milk, skim milk, partly skimmed milk, (naming the flavour) milk, (naming the flavour) skim milk, (naming the flavour) partly skimmed milk, skim milk

with added milk solids, partly skimmed milk with added milk solids, (naming the flavour) skim milk with added milk solids, (naming the flavour) partly skimmed milk with added milk solids, condensed milk, evaporated milk, evaporated skim milk, evaporated partly skimmed milk, milk powder or skim milk powder, in which the vitamin content has been increased by either irradiation or addition unless

(a) in the case of the addition of vitamin D, the menstruum containing the vitamin D contributes not more than 0.01 per cent fat foreign to milk; and

(b) in cases where the vitamin D content is increased by irradiation, the principal display panel of the label carries the statement “Vitamin D Increased” immediately preceding or following the name of the food, without intervening written, printed or graphic matter.

SOR/88-336, s. 3.

B.08.016. [S]. (naming the flavour) Milk

(a) shall be the product made from

(i) milk, milk powder, skim milk, skim milk powder, partly skimmed milk, evaporated milk, evaporated partly skimmed milk, evaporated skim milk or cream or any combination thereof,

(ii) a flavouring preparation, and

(iii) a sweetening agent;

(b) shall contain not less than three per cent milk fat;

(c) shall contain added vitamin D in such an amount that a reasonable intake of the milk contains not less than 300 International Units and not more than 400 International Units of vitamin D;

(d) may contain salt, food colour, lactase, stabilizing agent and not more than 0.5 per cent starch; and

(e) may contain not more than 50,000 total aerobic bacteria per cubic centimetre, as determined by official method MFO-7, Microbiological Examination of Milk, November 30, 1981.

SOR/78-656, s. 7; SOR/82-768, s. 16; SOR/84-762, s. 1.

B.08.017. [S]. (naming the flavour) Skim Milk

(a) shall be the product made from

(i) skim milk, skim milk powder or evaporated skim milk or any combination thereof,

(ii) a flavouring preparation, and

(iii) a sweetening agent;

(b) shall contain not more than 0.3 per cent milk fat;

(e) may contain salt, food colour, lactase, stabilizing agent and not more than 0.5 per cent starch.

SOR/78-656, s. 8; SOR/84-762, s. 2.

B.08.018. [S]. (naming the flavour) Partly (Partially) Skimmed Milk

(a) shall be the product made from

(i) milk, milk powder, skim milk, skim milk powder, partly skimmed milk, evaporated milk, evaporated partly skimmed milk, evaporated skim milk or cream or any combination thereof,

(ii) a flavouring preparation, and

(iii) a sweetening agent;

(b) shall contain more than 0.3 per cent and less than 3.0 per cent milk fat;

(d) shall contain added vitamin D in such an amount that a reasonable daily intake of the milk contains not less than 300 International Units and not more than 400 International Units of vitamin D;

(e) may contain salt, food colour, lactase, stabilizing agent and not more than 0.5 per cent starch; and

(f) may contain not more than 50,000 total aerobic bacteria per cubic centimetre, as determined by official method MFO-7, Microbiological Examination of Milk, November 30, 1981.

SOR/78-656, s. 9; SOR/82-768, s. 17; SOR/84-762, s. 3.

B.08.019. [S]. Skim Milk with Added Milk Solids

(a) shall be skim milk to which has been added skim milk powder or evaporated skim milk or both;

(b) shall contain not less than 10 per cent milk solids;

(d) shall, notwithstanding sections D.01.009 and D.01.010, contain added vitamin A in such an amount that a reasonable daily intake of the dairy product contains not less than 1,200 International Units and not more than 2,500 International Units of vitamin A; and

(e) shall contain added vitamin D in such an amount that a reasonable daily intake of the milk contains not less than 300 International Units and not more than 400 International Units of vitamin D.

SOR/78-656, s. 10.

B.08.020. [S]. Partly Skimmed Milk with Added Milk Solids or Partially Skimmed Milk with Added Milk Solids

(a) shall be partly skimmed milk to which has been added skim milk powder, milk powder, evaporated milk, evaporated partly skimmed milk or evaporated skim milk or any combination thereof;

(b) shall contain not less than 10 per cent milk solids not including fat; and

(d) shall contain added vitamin D in such an amount that a reasonable daily intake of the milk contains not less than 300 International Units and not more than 400 International Units of vitamin D.

B.08.021. [S]. Malted Milk or Malted Milk Powder

(a) shall be the product made by combining milk with the liquid separated from a mash of ground barley malt and meal;

(b) may have added to it, in such manner as to secure the full enzyme action of the malt extract, salt and sodium bicarbonate or potassium bicarbonate;

(d) shall contain

(i) not less than 7.5 per cent milk fat, and

(ii) not more than 3.5 per cent moisture.

B.08.022. [S]. (naming the flavour) Malted Milk or (naming the flavour) Malted Milk Powder

(a) shall be malted milk or malted milk powder containing a flavouring preparation; and

(b) may contain lactase.

SOR/84-762, s. 4.

B.08.023. [S]. (naming the flavour) Skim Milk with Added Milk Solids

(a) shall be the product made from

(i) skim milk, skim milk powder, or evaporated skim milk or any combination thereof,

(ii) a flavouring preparation, and

(iii) a sweetening agent;

(b) shall contain not less than 10 per cent milk solids not including fat;

(f) may contain salt, food colour, lactase, stabilizing agent and not more than 0.5 per cent starch.

SOR/78-656, s. 11; SOR/84-762, s. 5.

B.08.024. No person shall sell milk for manufacture into dairy products if it contains more than

(a) two million total aerobic bacteria per millilitre, as determined by official method MFO-7, Microbiological Examination of Milk, November 30, 1981; or

(b) two milligrams of sediment per 16 fluid ounces, as determined by official method MFO-8, Determination of Sediment in Milk, November 30, 1981.

SOR/82-768, s. 18.

B.08.025. No manufacturer shall purchase milk for manufacture or manufacture milk into other dairy products if he has reason to believe it does not meet the requirements of section B.08.024.

B.08.026. [S]. (naming the flavour) Partly (Partially) Skimmed Milk with Added Milk Solids

(a) shall be the product made from

(i) milk, milk powder, skim milk, skim milk powder, partly skimmed milk, evaporated milk, evaporated partly skimmed milk, evaporated skim milk or cream or any combination thereof,

(ii) a flavouring preparation, and

(iii) a sweetening agent;

(b) shall contain not less than 10 per cent milk solids not including fat;

(e) shall contain added vitamin D in such an amount that a reasonable daily intake of the milk contains not less than 300 International Units and not more than 400 International Units of vitamin D;

(f) may contain salt, food colour, lactase, stabilizing agent and not more than 0.5 per cent starch; and

(g) may contain not more than 50,000 total aerobic bacteria per cubic centimetre, as determined by official method MFO-7, Microbiological Examination of Milk, November 30, 1981.

SOR/78-656, s. 12; SOR/82-768, s. 19; SOR/84-300, s. 21(F); SOR/84-762, s. 6.

B.08.027. Notwithstanding anything contained in these Regulations, the following dairy products that are used in or sold for the manufacture of other foods are not required to contain added vitamins: milk; partly skimmed milk; partially skimmed milk; skim milk; sterilized milk; evaporated milk; evaporated skim milk; concentrated skim milk; evaporated partly skimmed milk; concentrated partly skimmed milk; milk powder; dry whole milk; powdered whole milk; skim milk powder; dry skim milk; partly skimmed milk powder; partially skimmed milk powder; skim milk with added milk solids; partly skimmed milk with added milk solids; and partially skimmed milk with added milk solids.

SOR/78-656, s. 13.

B.08.028. (1) The percentage of milk fat contained in

(a) (naming the flavour) milk,

(b) (naming the flavour) partly (partially) skimmed milk,

(d) cream, and

(e) sour cream,

shall be shown on the principal display panel followed by the words “milk fat” or the abbreviation “B.F.” or “M.F.”.

(2) In addition to the statement referred to in subsection (1), a person may, on the label of a food referred to in that subsection, make a declaration of the fat content of the food, expressed in grams per serving of stated size.

SOR/79-23, s. 10; SOR/88-559, s. 16; SOR/2010-94, s. 3(F). Previous Version

Goat’s Milk

B.08.028.1. A lacteal secretion obtained from themammary gland of any animal other than a cow, genus Bos, and a product or derivative of such secretion shall be labelled so as to identify that animal.

SOR/85-623, s. 2.

B.08.029. (1) Notwithstanding sections D.01.009 to D.01.011, no person shall sell goat’s milk or goat’s milk powder to which vitamin D has been added unless the goat’s milk or goat’s milk powder contains not less than 35 International Units and not more than 45 International Units of vitamin D per 100 mL of the food when ready-to-serve.

(2) Notwithstanding sections D.01.009 to D.01.011, no person shall sell partly skimmed goat’s milk, skimmed goat’s milk, partly skimmed goat’s milk powder or skimmed goat’s milk powder to which vitamins have been added unless the product contains not less than 35

International Units of vitamin D and 140 International Units of vitamin A and not more than 45 International Units of vitamin D and 300 International Units of vitamin A per 100 mL of food when ready-to-serve.

(3) Notwithstanding sections D.01.009 to D.01.011, no person shall sell evaporated goat’s milk to which vitamins have been added unless 100 mL of the evaporated goat’s milk, when reconstituted according to directions for use, contains not less than seven milligrams of vitamin C, 35 International Units of vitamin D and 10 micrograms of folic acid and not more than nine milligrams of vitamin C, 45 International Units of vitamin D and 20 micrograms of folic acid.

(4) Notwithstanding sections D.01.009 to D.01.011, no person shall sell evaporated partly skimmed goat’s milk or evaporated skimmed goat’s milk to which vitamins have been added unless 100 mL of the evaporated partly skimmed goat’s milk or the evaporated skimmed goat’s milk, when reconstituted according to directions for use, contains not less than 140 International Units of vitamin A, seven milligrams of vitamin C, 35 International Units of vitamin D and 10 micrograms of folic acid and not more than 300 International Units of vitamin A, nine milligrams of vitamin C, 45 International Units of vitamin D and 20 micrograms of folic acid.

SOR/85-623, s. 2.

Cheese

B.08.030. (1) In this Division, when used with respect to cheese,

“pasteurized source” means milk, skim milk, cream, reconstituted milk powder, reconstituted skim milk powder or any combination thereof that has been pasteurized by being held at a temperature of not less than 61.6°C for a period of not less than 30 minutes, or for a time and a temperature that is equivalent thereto in phosphatase destruction, as determined by official method MFO-3, Determination of Phosphatase Activity in Dairy Products, November 30, 1981; (matière première pasteurisée)

“pickles and relishes” means foods that meet the standard prescribed in section B.11.051; (cornichons et achards)

“stored” means to have been kept or held at a temperature of 2°C or more for a period of 60 days or more from the date of the beginning of the manufacturing process; (entreposé)

“whole” means of the original size and shape as manufactured. (entier)

(2) The word “process” may be used in the place of the word “processed” in the following common names: processed (naming the variety) cheese, processed (naming the variety) cheese with (naming the added ingredients), processed cheese food, processed cheese food with (naming the added ingredients), processed cheese spread, and processed cheese spread with (naming the added ingredients).

SOR/79-752, s. 2; SOR/82-768, s. 20; SOR/92-400, s. 3.

B.08.031. A cheese made from milk that is the normal lacteal secretion of the mammary gland of animals other than the cow, genus Bos, shall

(a) conform to all requirements in this Division applicable to the variety; and

(b) be labelled to show the source of the milk on the principal display panel.

SOR/79-752, s. 2.

B.08.032. (1) Each of the following foods for which a standard is prescribed, namely,

(a) (naming the variety) cheese,

(b) cheddar cheese,

(d) whey cheese,

(e) (naming the variety) whey cheese,

(f) cream cheese with (naming the added ingredients),

(g) cream cheese spread,

(h) cream cheese spread with (naming the added ingredients),

(i) processed (naming the variety) cheese,

(j) processed (naming the variety) cheese with (naming the added ingredients),

(k) processed cheese food,

(l) processed cheese food with (naming the added ingredients),

(m) processed cheese spread,

(n) processed cheese spread with (naming the added ingredients),

(o) cold-pack (naming the variety) cheese,

(p) cold-pack (naming the variety) cheese with (naming the added ingredients),

(q) cold-pack cheese food, and

(r) cold-pack cheese food with (naming the added ingredients),

shall be labelled to show on the principal display panel a statement of the percentage of milk fat in the food followed by the words “milk fat” or the abbreviation “B.F.” or “M.F.”, and the percentage of moisture in the food followed by the word “moisture” or “water”.

(2) Subject to subsection (3), no person shall make any direct or indirect reference on the label of a food referred to in subsection (1) to the milk fat content or moisture content of the food except as required by subsection (1).

(3) In addition to the statements referred to in subsection (1), a person may, on the label of a food referred to in that subsection, make a declaration of the fat content of the food, expressed in grams per serving of a stated size.

SOR/79-752, s. 2; SOR/88-559, s. 17; SOR/94-689, s. 2(E); SOR/2010-94, s. 8(E). Previous Version

B.08.033. (1) [S]. (Naming the variety) Cheese, other than cheddar cheese, cream cheese, whey cheese, cream cheese with (naming the added ingredients), cream cheese spread, cream cheese spread with (naming the added ingredients), processed (naming the variety) cheese, processed (naming the variety) cheese with (naming the added ingredients), processed cheese food, processed cheese food with (naming the added ingredients), processed cheese spread, processed cheese spread with (naming the added ingredients), cold-pack (naming the variety) cheese, cold-pack (naming the variety) cheese with (naming the added ingredients), cold-pack cheese food, cold-pack cheese food with (naming the added ingredients), cottage cheese and creamed cottage cheese,

(a) shall

(i) be the product made by coagulating milk, milk products or a combination thereof with the aid of bacteria to form a curd and forming the curd into a homogeneous mass after draining the whey,

(i.1) except for feta cheese, have a casein content that is derived from milk or from ultrafiltered milk, partly skimmed milk, ultrafiltered partly skimmed milk, skim milk, ultrafiltered skim milk or cream, rather than from other milk products,that is at least the following percentage of the total protein content of the cheese, namely,

(A) 63 per cent in the case of Pizza Mozzarella cheese and Part Skim Pizza Mozzarella cheese,

(B) 83 per cent, in the case of Brick cheese, Canadian Style Brick cheese, Canadian Style Munster cheese, Colby cheese, Farmer’s cheese, Jack cheese, Monterey (Monterey Jack) cheese, Mozzarella (Scamorza) cheese, Part Skim Mozzarella (Part Skim Scamorza) cheese, Part Skim Pizza cheese, Pizza cheese, Skim milk cheese and any other variety of cheese not referred to in clause (A) or (C), and

(i.2) have a whey protein to casein ratio that does not exceed the whey protein to casein ratio of milk,

(ii) possess the physical, chemical and organoleptic properties typical for the variety,

(iii) where it is a cheese of variety named in the table to this section, contain no more than the maximum percentage of moisture shown in Column II thereof for that variety,

(iv) where it is a cheese of a variety named in Part I of the table to this section, contain no less than the minimum percentage of milk fat shown in Column III for that variety, and

(v) where it is cheese of a variety named in Part II of the table to this section, contain no more than the maximum percentage of milk fat shown in Column III for that variety; and

(b) may contain

(i) salt, seasonings, condiments and spices,

(ii) flavouring preparations other than cheese flavouring,

(iii) micro-organisms to aid further ripening,

(iv) one or more of the following colouring agents:

(A) in an amount consistent with good manufacturing practice, annatto, beta-carotene, chlorophyll, paprika, riboflavin or turmeric,

(B) in an amount not exceeding 35 parts per million, beta-apo-8’-carotenal, ethyl beta-apo-8’ carotenoate or a combination thereof, and

(v) calcium chloride as a firming agent in an amount not exceeding 0.02 per cent of the milk and milk products used,

(vi) paraffin wax as a coating in an amount consistent with good manufacturing practice,

(vii) where potassium nitrate, sodium nitrate or a combination thereof are used for the purpose and in the manner described in subsection (2), residues of potassium nitrate, sodium nitrate or a combination thereof in an amount not exceeding 50 parts per million,

(viii) wood smoke as a preservative in an amount consistent with good manufacturing practice,

(ix) the following preservatives:

(A) propionic acid, calcium propionate, sodium propionate or any combination thereof in an amount not exceeding 2,000 parts per million, calculated as propionic acid,

(B) sorbic acid, calcium sorbate, potassium sorbate, sodium sorbate, or any combination thereof in an amount not exceeding 3,000 parts per million, calculated as sorbic acid,

(C) any combination of the preservatives named in clauses (A) and (B) in an amount not exceeding 3,000 parts per million, calculated as propionic acid and sorbic acid respectively, or

(D) natamycin applied to the surface of the cheese in an amount that does not exceed 20 parts per million or, if the cheese is grated or shredded, 10 parts per million,

(x) in the case of grated or shredded cheese, calcium silicate, microcrystalline cellulose or cellulose, or a combination of them, as an anticaking agent, the total amount not to exceed 2.0 per cent, and

(xi) carbon dioxide as a pH adjusting agent in milk for cheese production, in an amount consistent with good manufacturing practice.

(1.1) A cheese of a variety set out in column I of Part I of the table to this section may contain more than the maximum percentage of moisture set out in column II and less than the minimum percentage of milk fat set out in column III if

(a) a statement or claim set out in column 4 of any of items 12 to 14, 16, 20, 21 and 45 of the table following section B.01.513 is shown on the label of the product as part of the common name; and

(b) the cheese has the characteristic flavour and texture of the named variety of cheese.

(1.2) The reference to “83 per cent” in clause (1)(a)(i.1)(B) shall be read as “78 per cent”, and the reference to “95 per cent” in clause (1)(a)(i.1)(C) shall be read as “90 per cent”, with respect to the named variety of cheese if

(a) a statement or claim set out in column 4 of any of items 12 to 14, 16, 20, 21 and 45 of the table following section B.01.513 is shown on the label of the product as part of the common name; and

(b) the cheese has the characteristic flavour and texture of the named variety of cheese.

(2) Potassium nitrate, sodium nitrate or a combination thereof may be used as a preservative in cheese providing the following requirements are met:

(a) the amount of the salt or combination of salts does not exceed 200 parts per million of the milk and milk products used to make the cheese;

(b) the cheese in which the preservative is used is

(i) mold ripened cheese packed in a hermetically sealed container, or

(ii) ripened cheese

(A) that contains not more than 68 per cent moisture on a fat free basis, and

(B) during the manufacture of which the lactic acid fermentation and salting was completed more than 12 hours after coagulation of the curd by enzymes; and

(c) the salting is, in the case of the cheese described in subparagraph (b)(ii), applied externally as a dry salt or in the form of a brine.

(3) No person shall use an enzyme other than

(a) aminopeptidase derived from Lactococcus lactis, bovine rennet derived from aqueous extracts from the fourth stomach of adult bovine animals, sheep and goats, chymosin A derived from Escherichia coli K-12, GE81 (pPFZ87A), chymosin B derived from Aspergillus niger var. awamori, GCC0349 (pGAMpR) or from Kluyveromyces marxianus var. lactis, DS1182 (pKS105), lipase derived from Animal pancreatic tissue; Aspergillus niger var.; Aspergillus oryzae var.; Edible forestomach tissue of calves, kids or lambs; Rhizopus oryzae var. or from Aspergillus oryzae (MLT-2) (pRML 787) (p3SR2); Rhizomucor miehei (Cooney and Emerson) (previous name: Mucor miehei (Cooney and Emerson)); Rhizopus niveus, milk coagulating enzyme derived from Rhizomucor miehei (Cooney and Emerson) (previous name: Mucor miehei (Cooney and Emerson)), from Mucor pusillus Lindt by pure culture fermentation process or from Aspergillus oryzae RET-1 (pBoel777), pepsin derived from glandular layer of porcine stomach, phospholipase derived from Aspergillus oryzae (pPFJo142), protease derived from Micrococcus caseolyticus var. or rennet derived from aqueous extracts from the fourth stomach of calves, kids or lambs, in the manufacture of any cheese to which subsection (1) applies;

(b) [Repealed, SOR/2010-143, s. 1]

(c) a milk coagulating enzyme derived from Endothia parasitica and enzymes described in paragraph (a), in the manufacture of Emmentaler (Emmental, Swiss) cheese, Mozzarella (Scamorza) cheese and Part Skim Mozzarella (Part Skim Scamorza) cheese;

(d) a milk coagulating enzyme derived from Endothia parasitica and enzymes described in paragraph (a), in the manufacture of Parmesan cheese and Romano cheese;

(e) protease derived from Aspergillus oryzae var., Aspergillus niger var. or Bacillus subtilis var., in the manufacture of Colby cheese; and

(f) lysozyme derived from egg-white.

(3.1) No person shall use an enzyme referred to in subsection (3) at a level of use above that consistent with good manufacturing practice.

(4) Where a flavouring preparation, other than a flavouring preparation that has been traditionally used in the variety, is added to a cheese as permitted in subsection (1), the words “with (naming the flavouring preparation)” shall be added to the common name on any label.

(5) Only a cheese to which wood smoke has been added as permitted in subsection (1) may be described by the term “smoked” on a label.

(6) Where a cheese is labelled as permitted in subsection (5), the word “smoked” shall be shown on the principal display panel.

TABLE PART I

Column I Column II Column III Maximum percentage of Minimum percentage ofItem Variety of Cheese moisture milk fat

1. Asiago 40.0 30.0 2. Baby Edam 47.0 21.0 3. Baby Gouda 45.0 26.0 4. Blue 47.0 27.0 5. Butter (Butterkäse) 46.0 27.0 6. Bra 36.0 26.0 7. Brick 42.0 29.0 8. Brie 54.0 23.0 9. Caciocavallo 45.0 24.0 10. Camembert (Carré de l’est) 56.0 22.0 11. Canadian Style Brick 42.0 29.0 12. Canadian Style Munster 46.0 27.0 13. Colby 42.0 29.0 14. Danbo 46.0 25.0 15. Edam 46.0 22.0 16. Elbo 46.0 25.0 17. Emmentaler (Emmental, Swiss) 40.0 27.0 18. Esrom 50.0 23.0 19. Farmer’s 44.0 27.0 20. Feta 55.0 22.0 21. Fontina 46.0 27.0 22. Fynbo 46.0 25.0

Column I Column II Column III Maximum percentage of Minimum percentage ofItem Variety of Cheese moisture milk fat

23. Gouda 43.0 28.0 24. Gournay 55.0 33.0 25. Gruyère 38.0 28.0 26. Havarti 50.0 23.0 27. Jack 50.0 25.0 28. Kasseri 44.0 25.0 29. Limburger 50.0 25.0 30. Maribo 43.0 26.0 31. Montasio 40.0 28.0 32. Monterey (Monterey Jack) 44.0 28.0 33. Mozzarella (Scamorza) 52.0 20.0 34. Muenster (Munster) 50.0 25.0 35. Neufchâtel 60.0 20.0 36. Parmesan 32.0 22.0

Part Skim Mozzarella (Part Skim37. 52.0 15.0Scamorza) 38. Part Skim Pizza 48.0 15.0 38.1 Part Skim Pizza Mozzarella 61.0 11.0 39. Pizza 48.0 20.0 39.1 Pizza Mozzarella 58.0 15.0 40. Provolone 45.0 24.0 41. Romano (Sardo) 34.0 25.0 42. St. Jorge 40.0 27.0 43. Saint-Paulin 50.0 25.0 44. Samsoë 44.0 26.0 45. Tilsiter (Tilsit) 45.0 25.0 46. Tybo 46.0 25.0

PART II

Column I Column II Column III Maximum percentage of Maximum percentage ofItem Variety of Cheese moisture milk fat

Harzkase (Harzer Käse,1. 55.0 3.0Mainzer Käse) 2. Skim Milk 55.0 7.0

SOR/79-752, s. 2; SOR/80-632, s. 2; SOR/82-383, ss. 2,3; SOR/82-566, s. 1; SOR/84-302, s. 1; SOR/86-89, s. 2; SOR/87-640, s. 3; SOR/88-534, s. 2; SOR/89-198, s. 1; SOR/90-469, s. 1; SOR/91-88, s. 1; SOR/92-197, s. 1; SOR/92-400, s. 4; SOR/93-477, s. 1; SOR/94-212, s. 1; SOR/94-417, s. 1; SOR/95-183, s. 1; SOR/97-191, s. 1; SOR/98-458, s. 2; SOR/2000-336, s.

1; SOR/2000-353, s. 4; SOR/2000-417, s. 2; SOR/2001-94, s. 1; SOR/2005-98, s. 7; SOR/2007-302, ss. 2, 4(F); SOR/2010-94, s. 8(E); SOR/2010-143, ss. 1, 39(E). Previous Version B.08.034. (1) [S]. Cheddar Cheese

(a) shall

(i) be the product that is made by coagulating milk, milk products or a combination of those things with the aid of bacteria to form a curd and subjecting the curd to the cheddar process or any process other than the cheddar process that produces a cheese having the same physical, chemical and organoleptic properties as those of cheese produced by the cheddar process,

(i.1) have a casein content that is derived from milk or from ultrafiltered milk, partly skimmed milk, ultrafiltered partly skimmed milk, skim milk, ultrafiltered skim milk or cream, rather than from other milk products, that is at least 83 per cent of the total protein content of the cheese,

(i.2) have a whey protein to casein ratio that does not exceed the whey protein to casein ratio of milk, and

(ii) contain

(A) not more than 39 per cent moisture, and

(B) not less than 31 per cent milk fat;

(b) may contain

(i) salt,

(ii) flavouring preparations other than cheese flavouring,

(iii) bacterial cultures to aid further ripening,

(iv) one or more of the following colouring agents:

(A) in an amount consistent with good manufacturing practice, annatto, beta-carotene, chlorophyll, paprika, riboflavin, turmeric, and

(B) in an amount not exceeding 35 parts per million, either singly or in combination thereof, beta-apo-8’-carotenal, ethyl beta-apo-8’-carotenoate,

(v) calcium chloride as a firming agent in an amount not exceeding 0.02 per cent of the milk and milk products used,

(vi) wood smoke as a preservative in an amount consistent with good manufacturing practice,

(vii) the following preservatives:

(A) propionic acid, calcium propionate, sodium propionate or a combination thereof in an amount not exceeding 2,000 parts per million calculated as propionic acid,

(B) sorbic acid, calcium sorbate, potassium sorbate, sodium sorbate or a combination thereof in an amount not exceeding 3,000 parts per million calculated as sorbic acid,

(C) any combination of the preservatives named in clauses (A) and (B) in an amount not exceeding 3,000 parts per million calculated as propionic acid and sorbic acid respectively, or

(D) natamycin applied to the surface of the cheese in an amount that does not exceed 20 parts per million or, if the cheese is grated or shredded, 10 parts per million, and

(viii) in the case of grated or shredded cheddar cheese, calcium silicate, microcrystalline cellulose or cellulose, or a combination of them, as an anticaking agent, the total amount not to exceed 2.0 per cent; and

(i) it is made solely with milk, ultrafiltered milk, partly skimmed milk, ultrafiltered partly skimmed milk, skim milk, ultrafiltered skim milk or cream or a combination of those things, and

(ii) it has been aged for at least nine months and the period for which it has been aged is specified on the principal display panel of that label or in that advertising.

(1.1) Cheddar cheese may contain more than the maximum percentage of moisture set out in clause (1)(a)(ii)(A) and less than the minimum percentage of milk fat set out in clause (1)(a)(ii)(B) if

(a) a statement or claim set out in column 4 of any of items 12 to 14, 16, 20, 21 and 45 of the table following section B.01.513 is shown on the label of the product as part of the common name; and

(b) the cheese has the characteristic flavour and texture of cheddar cheese.

(1.2) The reference to “83 per cent” in subparagraph (1)(a)(i.1) shall be read as “78 per cent” if

(a) a statement or claim set out in column 4 of any of items 12 to 14, 16, 20, 21 and 45 of the table following section B.01.513 is shown on the label of the product as part of the common name; and

(b) the cheese has the characteristic flavour and texture of cheddar cheese.

(2) No person shall, in the manufacture of the cheddar cheese, use any enzyme other than

(a) aminopeptidase derived from Lactococcus lactis, chymosin A derived from Escherichia coli K-12, GE81 (pPFZ87A), chymosin B derived from Aspergillus niger var. awamori, GCC0349 (pGAMpR) or from Kluyveromyces marxianus var. lactis, DS1182 (pKS105), lipase derived from Animal pancreatic tissue; Aspergillus niger var.; Aspergillus oryzae var.; Edible forestomach tissue of calves, kids or lambs; Rhizopus oryzae var. or from Aspergillus oryzae (MLT-2) (pRML 787) (p3SR2); Rhizomucor miehei (Cooney and Emerson) (previous name: Mucor miehei (Cooney and Emerson)); Rhizopus niveus, milk coagulating enzyme derived from Rhizomucor miehei (Cooney and Emerson) (previous name: Mucor miehei (Cooney and Emerson)), from Mucor pusillus Lindt by pure culture fermentation process or from Aspergillus oryzae RET-1 (pBoel777), pepsin derived from glandular layer of porcine stomach, phospholipase derived from Aspergillus oryzae (pPFJo142) or rennet derived from aqueous extracts from the fourth stomach of calves, kids or lambs;

(b) protease derived from Aspergillus oryzae; and

(2.1) No person shall use an enzyme referred to in subsection (2) at a level of use above that consistent with good manufacturing practice.

(3) Where a flavouring preparation is added to a cheese as permitted in subsection (1), the words “with (naming the flavouring preparation)” shall be added to the common name in any label.

(4) Only a cheese to which wood smoke has been added as permitted in subsection (1) may be described by the term “smoked” on a label.

(5) Where a cheese is labelled as permitted in subsection (4), the word “smoked” shall be shown on the principal display panel.

SOR/79-752, s. 2; SOR/82-383, s. 4; SOR/83-617, s. 1; SOR/84-302, s. 2; SOR/84-762, s. 7; SOR/88-534, s. 3; SOR/89-244, s. 1; SOR/90-469, s. 2; SOR/91-88, s. 2; SOR/92-197, s. 2; SOR/93-477, s. 2; SOR/94-212, s. 2; SOR/95-183, s. 2; SOR/97-191, s. 2; SOR/98-458, s. 3; SOR/2000-336, s. 2; SOR/2000-417, s. 3; SOR/2005-98, s. 7; SOR/2007-302, ss. 3, 4(F); SOR/2010-143, ss. 2, 39(E). Previous Version B.08.035. (1) [S]. Cream Cheese

(a) shall

(i) be the product made by coagulating cream with the aid of bacteria to form a curd and forming the curd into a homogeneous mass after draining the whey, and

(ii) contain

(A) not more than 55 per cent moisture, and

(B) not less than 30 per cent milk fat; and

(b) may contain

(i) cream added to adjust the milk fat content,

(ii) salt,

(iii) nitrogen to improve spreadability in an amount consistent with good manufacturing practice,

(iv) the following emulsifying, gelling, stabilizing and thickening agents:

ammonium carrageenan, calcium carrageenan, carob bean gum (locust bean gum), carrageenan, gelatin, guar gum, Irish Moss Gelose, potassium carrageenan, propylene glycol alginate, sodium carboxymethyl cellulose (carboxymethyl cellulose, cellulose gum, sodium cellulose glycolate), sodium carrageenan, tragacanth gum, xanthan gum or any combination thereof in an amount not exceeding 0.5 per cent, and

(v) the following preservatives:

(A) propionic acid, calcium propionate, sodium propionate or any combination thereof in an amount not exceeding 2,000 parts per million, calculated as propionic acid,

(B) sorbic acid, calcium sorbate, potassium sorbate, sodium sorbate or any combination thereof in an amount not exceeding 3,000 parts per million, calculated as sorbic acid, or

(C) any combination of the preservatives named in clauses (A) and (B) in an amount not exceeding 3,000 parts per million, calculated as propionic acid and sorbic acid respectively.

(2) No person shall use any enzyme

(a) other than chymosin A derived from Escherichia coli K-12, GE81 (pPFZ87A), chymosin B derived from Aspergillus niger var. awamori, GCC0349 (pGAMpR) or from Kluyveromyces marxianus var. lactis, DS1182 (pKS 105), pepsin derived from glandular layer of porcine stomach or rennet derived from aqueous extracts from the fourth stomach of calves, kids or lambs, in the manufacture of cream cheese; and

(b) at a level of use above that consistent with good manufacturing practice.

SOR/79-752, s. 2; SOR/92-197, s. 3; SOR/94-212, s. 3; SOR/95-183, s. 3; SOR/2010-143, s. 3. Previous Version B.08.036. (1) [S]. Whey Cheese or (naming the variety) Whey Cheese

(a) shall be the product made by coagulating whey or concentrated whey with the aid of heat to form a curd and shaping the curd; and

(b) may contain

(i) micro-organisms to aid further ripening,

(ii) added milk and milk products, and

(iii) acetic acid, calcium carbonate, citric acid, lactic acid, malic acid, phosphoric acid, potassium bicarbonate, potassium carbonate, sodium bicarbonate, sodium carbonate, sodium hydroxide and tartaric acid as pH adjusting agents in an amount consistent with good manufacturing practice.

(2) No person shall use, to aid coagulation of whey in the manufacture of whey cheese, a substance other than vinegar or sour whey.

SOR/79-752, s. 2; SOR/2007-302, s. 4(F); SOR/2010-142, s. 5. Previous Version B.08.037. (1) [S]. Cream Cheese with (naming the added ingredients)

(a) shall

(i) be the product made by coagulating cream with the aid of bacteria to form a curd and forming the curd into a homogeneous mass after draining the whey, and

(ii) contain the named added ingredients which shall be one or more of the following ingredients in amounts sufficient to differentiate the product from cream cheese but not in amounts so large as to change the basic nature of the product:

(A) cheese other than cream cheese,

(B) seasonings, spices, flavouring preparations, condiments or chocolate,

(D) prepared or preserved meat, or

(E) prepared or preserved fish, and

(iii) contain

(A) not more than 60 per cent moisture, and

(B) not less than 26 per cent milk fat; and

(b) may contain

(i) cream added to adjust the milk fat content,

(ii) salt,

(iii) nitrogen to improve spreadability in an amount consistent with good manufacturing practice,

(iv) one or more of the following colouring agents:

(A) in an amount consistent with good manufacturing practice, annatto, beta-carotene, chlorophyll, paprika, riboflavin, turmeric, and

(B) in an amount not exceeding 35 parts per million, either singly or in combination thereof, beta-apo-8’-carotenal, ethyl beta-apo-8’-carotenoate,

(v) the following emulsifying, gelling, stabilizing and thickening agents:

(vi) the following preservatives:

(A) propionic acid, calcium propionate, sodium propionate or any combination thereof in an amount not exceeding 2,000 parts per million, calculated as propionic acid,

(B) sorbic acid, calcium sorbate, potassium sorbate, sodium sorbate, or any combination thereof in an amount not exceeding 3,000 parts per million, calculated as sorbic acid, or

(C) any combination of the preservatives named in clauses (A) and (B) in an amount not exceeding 3,000 parts per million, calculated as propionic acid and sorbic acid respectively.

(2) No person shall use any enzyme

(a) other than chymosin A derived from Escherichia coli K-12, GE81 (pPFZ87A), chymosin B derived from Aspergillus niger var. awamori, GCC0349 (pGAMpR) or from

Kluyveromyces marxianus var. lactis, DS1182 (pKS 105), pepsin derived from glandular layer of porcine stomach or rennet derived from aqueous extracts from the fourth stomach of calves, kids or lambs, in the manufacture of a product to which subsection (1) applies; and

(b) at a level of use above that consistent with good manufacturing practice.

SOR/79-752, s. 2; SOR/92-197, s. 4; SOR/94-212, s. 4; SOR/95-183, s. 4; SOR/2010-143, s. 4. Previous Version B.08.038. (1) [S]. Cream Cheese Spread

(a) shall

(i) be the product made by coagulating cream with the aid of bacteria to form a curd and forming the curd into a homogeneous mass after draining the whey, and

(ii) contain

(A) added milk and milk products,

(B) not less than 51 per cent cream cheese,

(D) not less than 24 per cent milk fat; and

(b) may contain

(i) cream added to adjust the milk fat content,

(ii) salt, vinegar and sweetening agents,

(iii) nitrogen to improve spreadability in an amount consistent with good manufacturing practice,

(iv) one or more of the following colouring agents:

(A) in an amount consistent with good manufacturing practice, annatto, beta-carotene, chlorophyll, paprika, riboflavin, turmeric, and

(B) in an amount not exceeding 35 parts per million, either singly or in combination thereof, beta-apo-8′-carotenal, ethyl beta-apo-8′-carotenoate,

(v) the following emulsifying, gelling, stabilizing and thickening agents:

(A) ammonium carrageenan, calcium carrageenan, carob bean gum (locust bean gum), carrageenan, gelatin, guar gum, Irish Moss Gelose, potassium carrageenan, propylene glycol alginate, sodium carboxymethyl cellulose (carboxymethyl cellulose, cellulose gum, sodium cellulose glycolate), sodium carrageenan, tragacanth gum, xanthan gum or a combination thereof in an amount not exceeding 0.5 per cent, and

gluconate or any combination thereof in an amount, when calculated as anhydrous salts, not exceeding 3.5 per cent in the case of phosphate salts and 4.0 per cent in total,

(vi) acetic acid, calcium carbonate, citric acid, lactic acid, malic acid, phosphoric acid, potassium bicarbonate, potassium carbonate, sodium bicarbonate, sodium carbonate and tartaric acid as pH adjusting agents in an amount consistent with good manufacturing practice, and

(vii) the following preservatives:

(A) propionic acid, calcium propionate, sodium propionate or any combination thereof in an amount not exceeding 2,000 parts per million, calculated as propionic acid,

(B) sorbic acid, calcium sorbate, potassium sorbate, sodium sorbate, or any combination thereof in an amount not exceeding 3,000 parts per million, calculated as sorbic acid, or

(C) any combination of the preservatives named in clauses (A) and (B) in an amount not exceeding 3,000 parts per million, calculated as propionic acid and sorbic acid respectively.

(2) No person shall use any enzyme

(b) at a level of use above that consistent with good manufacturing practice.

SOR/79-752, s. 2; SOR/92-197, s. 5; SOR/94-212, s. 5; SOR/95-183, s. 5; SOR/2007-302, s. 4(F); SOR/2010-143, s. 5. Previous Version B.08.039. (1) [S]. Cream Cheese Spread with (naming the added ingredients)

(a) shall

(i) be the product made by coagulating cream with the aid of bacteria to form a curd and forming the curd into a homogeneous mass after draining the whey,

(ii) contain the named added ingredients which shall be one or more of the following ingredients in amounts sufficient to differentiate the product from cream cheese spread but not in amounts so large as to change the basic nature of the product:

(A) cheese other than cream cheese,

(B) seasonings, spices, flavouring preparation, condiments or chocolate,

(D) prepared or preserved meat, or

(E) prepared or preserved fish, and

(iii) contain

(A) added milk and milk products,

(B) not more than 60 per cent moisture, and

(b) may contain

(i) cream added to adjust the milk fat content,

(ii) salt, vinegar and sweetening agents,

(iii) nitrogen to improve spreadability in an amount consistent with good manufacturing practice,

(iv) one or more of the following colouring agents:

(A) in an amount consistent with good manufacturing practice, annatto, beta-carotene, chlorophyll, paprika, riboflavin, turmeric, and

(B) in an amount not exceeding 35 parts per million, either singly or in combination thereof, beta-apo-8′-carotenal, ethyl beta-apo-8′-carotenoate,

(v) the following emulsifying, gelling, stabilizing and thickening agents:

(B) calcium phosphate dibasic, potassium phosphate dibasic, sodium acid pyrophosphate, sodium aluminum phosphate, sodium hexametaphosphate, sodium phosphate dibasic, sodium phosphate monobasic, sodium phosphate tribasic, sodium pyrophosphate tetrabasic, calcium citrate, potassium citrate, sodium citrate, sodium potassium tartrate, sodium tartrate, sodium gluconate or any combination thereof in an amount, when calculated as anhydrous salts, not exceeding 3.5 per cent in the case of phosphate salts and 4.0 per cent in total,

(vii) the following preservatives:

(A) propionic acid, calcium propionate, sodium propionate or any combination thereof in an amount not exceeding 2,000 parts per million, calculated as propionic acid,

(B) sorbic acid, calcium sorbate, potassium sorbate, sodium sorbate, or any combination thereof in an amount not exceeding 3,000 parts per million, calculated as sorbic acid, or

(C) any combination of the preservatives named in clauses (A) and (B) in an amount not exceeding 3,000 parts per million, calculated as propionic acid and sorbic acid respectively.

(2) No person shall use any enzyme

(b) at a level of use above that consistent with good manufacturing practice.

SOR/79-752, s. 2; SOR/92-197, s. 6; SOR/94-212, s. 6; SOR/95-183, s. 6; SOR/2007-302, s. 4(F); SOR/2010-143, s. 6. Previous Version B.08.040. (1) [S]. Processed (naming the variety) Cheese

(a) shall

(i) subject to subparagraph (ii), be the product made by comminuting and mixing the named variety or varieties of cheese, other than cream cheese, cottage cheese or whey cheese, into a homogeneous mass with the aid of heat,

(ii) in the case of processed cheddar cheese, be the product made by comminuting and mixing one or more of the following:

(A) cheddar cheese,

(B) stirred curd cheese,

(D) washed curd cheese

into a homogeneous mass with the aid of heat,

(iii) have, where it is made from

(A) one variety of cheese, in which the maximum amount of moisture permitted is less than 40 per cent, or

(B) two or more varieties of cheese, in which the average maximum amount of moisture permitted is less than 40 per cent,

a moisture content that does not exceed, by more than five per cent, the amount referred to in clause (A) or (B), as the case may be, and a milk fat content that is not less, by more than three per cent, than the minimum milk fat content or average minimum milk fat content permitted for that variety or those varieties, as the case may be,

(iv) subject to subparagraph (v), have, where it is made from

(A) one variety of cheese, in which the maximum amount of moisture permitted is 40 per cent or more, or

(B) more than one variety of cheese, in which the average maximum amount of moisture permitted is 40 per cent or more,

a moisture content that does not exceed, by more than three per cent, the amount referred to in clause (A) or (B), as the case may be, and a milk fat content that is not less, by more than two per cent, than the minimum milk fat content or average minimum milk fat content permitted for that variety or those varieties, as the case may be, and

(v) in the case of processed skim milk cheese, contain not more than

(A) 55 per cent moisture, and

(B) seven per cent milk fat; and

(b) may contain

(i) water added to adjust the moisture content,

(ii) added milk fat,

(iii) in the case of processed skim milk cheese, added skim milk powder, buttermilk powder and whey powder,

(iv) salt, vinegar and sweetening agents,

(v) one or more of the following colouring agents:

(A) in an amount consistent with good manufacturing practice, annatto, beta-carotene, chlorophyll, paprika, riboflavin, turmeric, and

(B) in an amount not exceeding 35 parts per million, either singly or in combination thereof, beta-apo-8′-carotenal, ethyl beta-apo-8′-carotenoate,

(vi) the following emulsifying, gelling, stabilizing and thickening agents:

(A) sodium carboxymethyl cellulose (carboxymethyl cellulose, cellulose gum, sodium cellulose glycolate) in an amount not exceeding 0.5 per cent,

(D) monoglycerides, mono- and diglycerides or any combination thereof in an amount not exceeding 0.5 per cent,

(vi.1) calcium phosphate tribasic as an agent to improve colour, texture, consistency and spreadability, in an amount not exceeding 1 per cent,

(vii) acetic acid, calcium carbonate, citric acid, lactic acid, malic acid, phosphoric acid, potassium bicarbonate, potassium carbonate, sodium bicarbonate, sodium carbonate and tartaric acid as pH adjusting agents in an amount consistent with good manufacturing practice,

(viii) wood smoke as a preservative in an amount consistent with good manufacturing practice, and

(ix) the following preservatives:

(A) propionic acid, calcium propionate, sodium propionate or any combination thereof in an amount not exceeding 2,000 parts per million, calculated as propionic acid,

(B) sorbic acid, calcium sorbate, potassium sorbate, sodium sorbate, or any combination thereof in an amount not exceeding 3,000 parts per million, calculated as sorbic acid, or

(C) any combination of the preservatives named in clauses (A) and (B) in an amount not exceeding 3,000 parts per million, calculated as propionic acid and sorbic acid respectively.

(2) Only a cheese to which wood smoke has been added as permitted in subsection (1) may be described by the term “smoked” on a label.

(3) Where a cheese is labelled as permitted in subsection (2), the word “smoked” shall be shown on the principal display panel.

SOR/79-752, s. 2; SOR/91-409, s. 1.

B.08.041. (1) [S]. Processed (naming the variety) Cheese with (naming the added ingredients)

(a) shall

(i) be the product made by comminuting and mixing the named variety or varieties of cheese, other than cream cheese, cottage cheese or whey cheese, into a homogeneous mass with the aid of heat,

(ii) contain the named added ingredients which shall be one or more of the following ingredients in amounts sufficient to differentiate the product from processed (naming the variety) cheese but not in amounts so large as to change the basic nature of the product:

(iii) have, where it is made from

(A) one variety of cheese, in which the maximum amount of moisture permitted is less than 40 per cent, or

(B) more than one variety of cheese, in which the average maximum amount of moisture permitted is less than 40 per cent,

a moisture content that does not exceed by more than five per cent, the amount referred to in clause (A) or (B), as the case may be, and a milk fat content that is not less, by more than three per cent, than the minimum milk fat content or average minimum milk fat content permitted for that variety or those varieties, as the case may be, and

(iv) have, where it is made from

(A) one variety of cheese, in which the maximum amount of moisture permitted is 40 per cent or more, or

(B) more than one variety of cheese, in which the average maximum amount of moisture permitted is 40 per cent or more,

(b) may contain

(i) water added to adjust moisture content,

(ii) added milk fat,

(iii) salt, vinegar and sweetening agents,

(iv) one or more of the following colouring agents:

(A) in an amount consistent with good manufacturing practice, annatto, beta-carotene, chlorophyll, paprika, riboflavin, turmeric, and

(B) in an amount not exceeding 35 parts per million, either singly or in combination thereof, beta-apo-8′-carotenal, ethyl beta-apo-8′-carotenoate,

(v) the following emulsifying, gelling, stabilizing and thickening agents:

(A) sodium carboxymethyl cellulose (carboxymethyl cellulose, cellulose gum, sodium cellulose glycolate) in an amount not exceeding 0.5 per cent,

(D) monoglycerides, mono- and diglycerides or any combination thereof in an amount not exceeding 0.5 per cent,

(v.1) calcium phosphate tribasic as an agent to improve colour, texture, consistency and spreadability, in an amount not exceeding 1 per cent,

(vii) wood smoke as a preservative in an amount consistent with good manufacturing practice, and

(viii) the following preservatives:

(A) propionic acid, calcium propionate, sodium propionate or any combination thereof in an amount not exceeding 2,000 parts per million, calculated as propionic acid,

(B) sorbic acid, calcium sorbate, potassium sorbate, sodium sorbate, or any combination thereof in an amount not exceeding 3,000 parts per million, calculated as sorbic acid, or

(C) any combination of the preservatives named in clauses (A) and (B) in an amount not exceeding 3,000 parts per million, calculated as propionic acid and sorbic acid respectively.

(2) Only a cheese to which wood smoke has been added as permitted in subsection (1) may be described by the term “smoked” on a label.

(3) Where a cheese is labelled as permitted in subsection (2), the word “smoked” shall be shown on the principal display panel.

SOR/79-752, s. 2; SOR/91-409, s. 2; SOR/92-400, s. 5; SOR/2010-94, s. 4(E). Previous Version B.08.041.1. (1) [S]. Processed Cheese Food

(a) shall

(i) be the product made by comminuting and mixing one or more varieties of cheese, other than cream cheese, cottage cheese or whey cheese, into a homogeneous mass with the aid of heat, and

(ii) contain

(A) added milk or milk products,

(B) not less than 51 per cent cheese,

(D) not less than 23 per cent milk fat; and