Safe Food for Canadians Regulations

Contents

Her Excellency the Governor General in Council, on the recommendation of the Minister of Agriculture and Agri-Food and the Minister of Health with respect to the provisions of the annexed Regulations other than sections 391 and 408, and on the recommendation of the Minister of Justice with respect to that section 391 and of the Minister of Finance with respect to that section 408, makes the annexed Safe Food for Canadians Regulations pursuant to(a) section 12 of the Canadian Dairy Commission Act;^note(b) subsection 18(1) of the Consumer Packaging and Labelling Act;^note(c) subsection 462.3(2) of the Criminal Code;^note^note(d) subsection 5(1) of the Feeds Act;^note^note(e) subsection 30(1) of the Food and Drugs Act;^note^note(f) subsection 4(1) of the Seeds Act;^note^note(g) subsection 64(1) of the Health of Animals Act;^note^note(h) subsection 55(1) of the Controlled Drugs and Substances Act;^note^note(i) subsection 19(1) of the Customs Tariff; and^note(j) sections 51 and 75 of the Safe Food for Canadians Act.^note^note

Part 1 · Interpretation

1Definitions#

The following definitions apply in these Regulations.

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

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

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

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

commercially sterile has the same meaning as in section B.27.001 of the Food and Drug Regulations. (stérilité commerciale)

common name, in respect of a food, means

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

(b)the name of the food printed in boldface type, but not in italics, in a section of the Food Compositional Standards Document; or

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

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

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

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

contaminated, in respect of a food, means that the food contains any micro-organism, chemical substance, extraneous material or other substance or thing that may render the food injurious to human health or unsuitable for human consumption, including those that are not permitted under the Food and Drugs Act or those that do not comply with any limits or levels provided under that Act. (contaminé)

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

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

dress means to dress a carcass in accordance with section 145. (habiller)

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

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

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

eviscerate means

(a)in respect of the carcass of a bird, other than an ostrich, rhea or emu, to remove the respiratory, digestive, reproductive and urinary systems, with or without the kidneys, and the other thoracic and abdominal organs; and

(b)in respect of any other carcass, to remove the respiratory, digestive, reproductive and urinary systems, except the kidneys, and the other thoracic and abdominal organs. (éviscérer)

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

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

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

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

Food Compositional Standards Document has the same meaning as in subsection B.01.001(1) of the Food and Drug Regulations. (Document sur les normes de composition des aliments)

foreign state includes a WTO Member as defined in subsection 2(1) of the World Trade Organization Agreement Implementation Act. (État étranger)

Fresh Fruit and Vegetable Grades Document means the document entitled Fresh Fruit and Vegetable Grade Requirements, prepared by the Fruit and Vegetable Dispute Resolution Corporation and published on its website, as amended from time to time. (document sur le classement des fruits et légumes frais)

game animal means a wild ruminant, pig or bird — including a ruminant, pig or bird that lives in an enclosed territory under conditions of freedom similar to those of wild animals — that is a food animal and that is hunted for commercial use under an authorization issued by a competent authority. (gibier)

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

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

livestock carcass means a beef carcass, bison carcass, ovine carcass or veal carcass. (carcasse de bétail)

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

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

(a)gelatin, bone meal, collagen casing, hydrolyzed animal protein, monoglycerides, diglycerides or fatty acids; or

(b)any food that contains a meat product in an insignificant quantity, having regard to the nature of the food and of the meat product. (produit de viande)

organic product means a food commodity that has been certified as organic under subsection 345(1) or certified as organic by an entity accredited by a foreign state that is referred to in subparagraph 357(1)(a)(ii). (produit biologique)

ornamental container means a container that, except on the bottom, does not bear any advertising material, other than a trademark or common name, and that, because of any design appearing on its surface or because of its shape or texture, is sold both as a decorative item and as the container of a food. (contenant décoratif)

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

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

President means the President of the Agency. (président)

principal display panel means

(a)in the case of a consumer prepackaged food whose container is mounted on a display card, the part of the label that is applied to one or both of the following:

(i)all or part of the principal display surface, or

(ii)all or part of the surface of the display card that is displayed or visible under customary conditions of sale or use;

(b)in the case of a consumer prepackaged food whose container is an ornamental container, the part of the label that is applied

(i)to all or part of the bottom of the container,

(ii)to all or part of the principal display surface, or

(iii)to all or part of a tag that is attached to the container;

(c)in the case of a consumer prepackaged food whose container is not described in paragraph (a) or (b), the part of the label that is applied to all or part of the principal display surface;

(d)in the case of a prepackaged food other than a consumer prepackaged food, the part of the label

(i)that is applied or attached to all or part of the surface of the container that is displayed or visible under customary conditions of sale or use, or

(ii)if the container does not have a surface described in subparagraph (i), that is applied to any part of the container except any part that is the bottom of the container; or

(e)in the case of a food that is not a prepackaged food, the part of the label that is applied or attached to all or part of the surface of the food that is displayed or visible under customary conditions of sale or use. (espace principal)

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

(a)if the container has a surface that is displayed or visible under customary conditions of sale or use, the total area of that surface, excluding any surface that is the top of the container;

(b)if the container has a lid that is the part of the container that is displayed or visible under customary conditions of sale or use, the total area of the top surface of the lid;

(c)if the container does not have a particular surface that is displayed or visible under customary conditions of sale or use, 40% of the total surface area of the container, excluding any surface area that is its top and bottom, if it is possible for that 40% to be displayed or visible under customary conditions of sale or use;

(d)if the container is a bag with surfaces of equal dimensions, the total area of one of the surfaces;

(e)if the container is a bag with surfaces of different dimensions, the total area of one of the largest surfaces;

(f)despite paragraphs (a) to (e), if the container does not have a surface that is displayed or visible under customary conditions of sale or use to which a label can be applied, the total area of one side of a tag that is attached to the container;

(g)despite paragraphs (a) to (e), if the container contains wine that is exposed for sale, any part of the surface of the container, excluding its top and bottom, that can be seen without having to turn the container; and

(h)if the container is a wrapper or confining band that is so narrow in relation to the size of the food that it cannot reasonably be considered to have any surface that is displayed or visible under customary conditions of sale or use, the total area of one side of a tag that is attached to the container. (principale surface exposée)

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

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

(a)for which a standard is set out in Volume 4 of the Standards of Identity Document;

(b)for which a grade is set out in Volume 3 of the Compendium; or

(c)that is identified as a processed fruit or vegetable product in the Standard Container Sizes Document. (produit de fruits ou de légumes transformés)

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

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

sanitary condition means a condition that does not present a risk of contamination of a food. (conditions hygiéniques)

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

Standard Container Sizes Document means the document entitled Standard Container Sizes, prepared by the Agency and published on its website, as amended from time to time. (document sur les tailles de contenants normalisées)

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

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

wine means an alcoholic beverage that complies with the standard set out in section 2.7.1 of Volume 2 of the Food Compositional Standards Document. (vin)

2Interpretation — fresh fruits or vegetables#

(1)For the purposes of any provision of these Regulations that refers to “fresh fruits or vegetables”, other than section 122, any fresh plant or any fresh edible fungus, or any part of such a plant or fungus, that is a food is considered to be a fresh fruit or vegetable.

(2)For the purposes of any provision of these Regulations that refers to “fresh fruits or vegetables”, a food described in subparagraph 11(2)(c)(i) is not considered to be a fresh fruit or vegetable.

3Definition prepare in Act#

For the purposes of the definition prepare in section 2 of the Act, the growing and harvesting of any fresh fruits or vegetables are prescribed activities.

4Words and expressions in documents incorporated by reference#

For the purposes of interpreting any document prepared by the Agency that is incorporated by reference into these Regulations, words and expressions that are used but not defined in that document have the same meaning as in these Regulations.

4.1Compendium prevails#

The requirements set out in the Compendium prevail over those set out in the Fresh Fruit and Vegetable Grades Document to the extent of any inconsistency or conflict between them.^note

Part 2 · Trade

5Subsection 10(1) of Act#

(1)For the purposes of subsection 10(1) of the Act, any food commodity is a prescribed food commodity that a person is prohibited to send or convey from one province to another — or to import or export — unless the person does so in accordance with these Regulations.

(2)For the purposes of subsection 10(2) of the Act, any food — other than a food referred to in any of paragraphs 11(2)(a) to (c) of these Regulations — is a prescribed food commodity that a person is prohibited to import unless the person is authorized to do so by a licence.

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

6Section 12 of Act#

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

7Subsection 13(1) of Act#

(1)For the purposes of subsection 13(1) of the Act, any food commodity is a prescribed food commodity that is to be exported or sent or conveyed from one province to another, and any of the following activities is a prescribed activity that a person is prohibited to conduct in respect of that prescribed food commodity except in accordance with these Regulations:

(a)manufacturing, preparing, storing, packaging and labelling; and

(b)if the food commodity is an organic product, in addition to the activities set out in paragraph (a), advertising and conveying.

(2)For the purposes of subsection 13(2) of the Act, any food — other than a food referred to in paragraph 11(2)(a) or (b) of these Regulations — and any food animal is a prescribed food commodity that is to be exported or sent or conveyed from one province to another, and any of the following activities is a prescribed activity that a person is prohibited to conduct in respect of that prescribed food commodity unless the person is authorized to conduct that activity by a licence:

(a)in the case of a food,

(i)manufacturing, processing, treating, preserving, grading, packaging and labelling, other than

(A)the packaging and labelling of fresh fruits or vegetables in the field by the person who grows or harvests them if they are to be sent or conveyed from one province to another to be subsequently manufactured, processed, treated, preserved or graded by a licence holder,

(B)the packaging and labelling of a food referred to in subparagraph 11(2)(c)(i) if, at the time that the food is exported or is sent or conveyed from one province to another, it is not a consumer prepackaged food and it has a label applied or attached to it, or accompanying it, that bears the expression “For Further Preparation Only” or “pour conditionnement ultérieur seulement”,

(C)the grading of a livestock carcass and a poultry carcass, and

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

(ii)if the food is an edible meat product, in addition to the activities set out in subparagraph (i), storing and handling in its imported condition for the purpose of the exercise of an inspector’s powers under the Act; and

(b)in the case of a food animal, slaughtering.

^note

8Interprovincial trade, import and export#

(1)Any food that is sent or conveyed from one province to another or that is imported or exported

(a)must not be contaminated;

(b)must be edible;

(c)must not consist in whole or in part of any filthy, putrid, disgusting, rotten, decomposed or diseased animal or vegetable substance; and

(d)must have been manufactured, prepared, stored, packaged and labelled under sanitary conditions.

(2)It is prohibited for a person to mix a contaminated food with other food so that it meets the requirements of subsection (1), unless the person is authorized to do so by the Minister under subsection (3).

(3)The Minister may authorize a person to mix a contaminated food with other food if the Minister is of the opinion that no risk of injury to human health will result.

9Compliance with standard#

(1)Any food that is sent or conveyed from one province to another or that is imported or exported and for which a standard is set out in the Standards of Identity Document must comply with that standard.

(2)Any food that is sent or conveyed from one province to another or that is imported or exported and that is likely to be mistaken for a food for which a standard is set out in the Standards of Identity Document must comply with that standard.

10Use of food additives and other substances#

Any person who manufactures, processes, treats or preserves a food that has been imported or that is to be exported or sent or conveyed from one province to another may use, in or on the food, a food additive or other substance unless the use of that food additive or other substance is not permitted by these Regulations or under the Food and Drugs Act or the use does not comply with any limits or levels provided by these Regulations or under that Act.

11Import#

(1)Any food that is imported must have been manufactured, prepared, stored, packaged and labelled in a manner and under conditions that provide at least the same level of protection as that provided by sections 47 to 81.

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

(a)a food additive;

(b)a beverage that contains more than 0.5% absolute ethyl alcohol by volume; or

(c)a food that is set out in Schedule 1 and that

(i)is unprocessed and is intended to be manufactured, processed or treated for use as a grain, oil, pulse, sugar or beverage,

(ii)has a label applied or attached to it, or accompanying it, that bears the expression “For Further Preparation Only” or “pour conditionnement ultérieur seulement”, and

(iii)is not a consumer prepackaged food.

12Import — fixed place of business#

(1)Any person who imports a food, other than a food referred to in any of paragraphs 11(2)(a) to (c), and who does not have, in Canada, a fixed place of business from which they carry on business related to the food must,

(a)have a fixed place of business from which they carry on business related to the food in a foreign state that

(i)has an inspection system that has been recognized under Part 7, if the imported food is a meat product or live or raw shellfish, or

(ii)has a food safety system that has been determined by the Minister under subsection (2) to provide at least the same level of protection in relation to that food as that provided by the provisions of the Act and these Regulations, if the imported food is not a meat product or live or raw shellfish; and

(b)send or convey the food directly to Canada from a foreign state that has an inspection system described in subparagraph (a)(i) or a food safety system described in subparagraph (a)(ii).

(2)The Minister must determine whether a foreign state’s food safety system provides at least the same level of protection in relation to an imported food as that provided by the provisions of the Act and these Regulations by taking into account the following:

(a)any applicable legislative framework, controls and procedures;

(b)the organizational structure of the authority that is responsible for the system;

(c)the implementation of the system;

(d)the resources that support the objectives of the system; and

(e)any other relevant information.

(3)For the purposes of paragraph (1)(a), the reference to “shellfish” does not include the adductor muscles of scallops or the meat of geoducks.

(4)For the purposes of paragraph (1)(b), if the food passes only in transit through a foreign state, the person is not considered to have sent or conveyed the food directly to Canada from that foreign state.

13Import information#

(1)Any person who imports a food must provide to the Minister, in a form approved by the President, the following information:

(a)their name and address and, if they hold a licence to import, the number of that licence;

(b)the name and address of the person from whom the food is received;

(c)the name of the foreign state of origin;

(d)the address of the first destination of the food in Canada;

(e)a description of the food, including its common name and quantity;

(f)any information relating to the safety of the food that the Minister believes is required in order to respond to a risk of injury to human health; and

(g)in the case of live or raw shellfish other than the adductor muscles of scallops or the meat of geoducks, with respect to the establishment at which the shellfish was last manufactured, prepared, stored, packaged or labelled prior to its importation, the establishment’s registration number, or another identification number for the establishment, that is provided by the foreign state.

(2)The information referred to in subsection (1), and any documents required by sections 96 and 104 and paragraph 167(d), must be provided before or at the time of the import.

(3)Despite subsection (2), in the case of a food other than a meat product, the Minister may authorize the person who imports the food, at their written request, to provide the information after the time of import, at the time specified by the Minister.

(4)For the purposes of subsection (3), the foods set out in paragraphs 25(a) and (b) are not considered to be meat products.

14Import — further inspection#

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

(a)in the case of an edible meat product,

(i)the meat product must be immediately delivered, by the licence holder who imports it, to an establishment where it must be stored and handled in its imported condition by a licence holder and must be kept in that establishment until the further inspection is completed, and

(ii)the licence holder who imports the meat product must provide the address of the establishment referred to in subparagraph (i) to the inspector if it is different from the address referred to in paragraph 13(1)(d); and

(b)in the case of a food other than an edible meat product, the food must be kept, by the person who imports it, at the address referred to in paragraph 13(1)(d) until the further inspection is completed.

(2)For the purposes of subsection (1), the foods set out in paragraphs 25(a) and (b) are not considered to be meat products.

15Interprovincial trade and export#

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

(a)if the food is manufactured, processed, treated, preserved, graded, packaged or labelled in Canada, that activity must be conducted by a licence holder in accordance with the provisions of the Act and these Regulations, unless that activity is

(i)the packaging and labelling of fresh fruits or vegetables in the field by the person who grows or harvests them if they are to be sent or conveyed from one province to another to be subsequently manufactured, processed, treated, preserved or graded by a licence holder,

(ii)the packaging and labelling of a food that is set out in Schedule 1 and that is unprocessed and intended to be manufactured, processed or treated for use as a grain, oil, pulse, sugar or beverage, if, at the time that the food is sent or conveyed from one province to another or exported, it is not a consumer prepackaged food and it has a label applied or attached to it, or accompanying it, that bears the expression “For Further Preparation Only” or “pour conditionnement ultérieur seulement”, or

(iii)the grading of a livestock carcass or a poultry carcass;

(b)if the food, other than a food referred to in paragraph 11(2)(c), has been imported, it must have been imported by a licence holder in accordance with the provisions of the Act and these Regulations; and

(c)if the food is a meat product and if

(i)any meat product that it contains was manufactured, processed, treated, preserved, packaged or labelled in Canada, that activity must have been conducted by a licence holder in accordance with the provisions of the Act and these Regulations,

(ii)any meat product that it contains has been derived from a livestock carcass or a poultry carcass that has been graded in Canada, it must have been graded by a grader in accordance with these Regulations,

(iii)any meat product that it contains has been imported, that meat product must have been imported by a licence holder in accordance with the provisions of the Act and these Regulations, and

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

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

^note

16Exception — export of non-compliant food#

(1)Any person may export a food that does not meet the requirements of these Regulations, other than a requirement of paragraph 8(1)(c) or (d) or subsection 15(1), if a label applied or attached to the food bears the word “Export” or “exportation” and

(a)if the foreign state to which the food is exported has a different requirement on the same matter as the unmet requirement, the person prepares a document that substantiates that the foreign state’s requirement has been met; or

(b)if the foreign state to which the food is exported has no requirement on the same matter as the unmet requirement,

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

(ii)the person prepares a document that sets out the specifications for the unmet requirement as stipulated by the person in the foreign state for whom the exported food is intended.

(2)The documents referred to in paragraph (1)(a) and subparagraph (1)(b)(ii) must be kept for two years after the day on which the food is exported.

(3)In the case of the export of a meat product under subsection (1), the requirements of paragraphs 168(1)(a) and (b) must also be met.

^note

17Application for export certificate#

(1)An application for the issuance of a certificate or other document referred to in section 48 of the Act must be made to the Minister in a form approved by the President.

(2)The Minister may issue a certificate or other document referred to in section 48 of the Act in respect of a food commodity that is intended for commercial use if the applicant holds a licence to export the food commodity and

(a)in the case of a food, the manufacturing, preparing, storing, packaging and labelling of the food meets the applicable requirements of Part 4;

(b)in the case of a food commodity referred to in paragraph (b) of the definition food commodity in section 2 of the Act, other than an animal, for which a competent authority of a foreign state requires a certificate or other document referred to in section 48 of the Act for its import into that foreign state for the purpose of human consumption, the manufacturing, preparing, storing, packaging and labelling of the food commodity meets the applicable requirements of Part 4 — other than Division 3 — as if it were a food; or

(c)in the case of a food commodity referred to in subsection (3), the manufacturing, preparing, storing, packaging and labelling of the food commodity meets the applicable requirements of Part 4 — other than Division 3 — as if it were a food.

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

(a)that commodity is not included in paragraph (a) or (b) of that definition; and

(b)a competent authority of a foreign state requires a certificate or other document referred to in section 48 of the Act in order for that commodity to be imported into that foreign state for the purpose of human consumption.

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

(5)The Minister may require that an inspection be conducted of any food commodity in respect of which a person has applied for a certificate or other document referred to in section 48 of the Act, for the purpose of deciding whether to issue the certificate or other document.

(6)If an inspection of a food commodity is required, the applicant must make the food commodity readily accessible to an inspector at the time of inspection.

18Non-compliant food#

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

(a)a label that bears the expression “For Further Preparation Only” or “pour conditionnement ultérieur seulement” is applied or attached to the food or accompanies it;

(b)subject to subsection 8(2), the food is manufactured, processed, treated, preserved, graded, packaged or labelled so that it meets the requirements that are set out in the Act and these Regulations within

(i)three months after the day on which the food is sent or conveyed from one province to another or is imported, or

(ii)any longer period that is specified by the Minister at the person’s written request; and

(c)in the case of import, the food is not a meat product.

(2)Paragraph (1)(a) does not apply in respect of

(a)a beef carcass, or a carcass side, hind quarter, front quarter, primal cut or sub-primal cut of a beef carcass, that meets the requirements that are set out in paragraph 306(2)(f);

(b)a processed fruit or vegetable product that is labelled under paragraph 306(3)(a); or

(c)honey that is labelled under paragraph 306(3)(b).

(3)The activities referred to in paragraph (1)(b), other than the grading of a livestock carcass or a poultry carcass, must be conducted by a licence holder.

^note

19Exception — import for export#

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

(a)a label that bears the expression “Imported for Export” or “importé pour l’exportation” is applied or attached to the food or accompanies it; and

(b)the food is intended to be manufactured, processed, treated, preserved, graded, packaged or labelled for the purpose of exporting it.

(2)The activities referred to in paragraph (1)(b), other than the grading of a livestock carcass or a poultry carcass, must be conducted by a licence holder.

^note

20Exception — person who conveys#

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

(2)Sections 122 and 123 and subsection 359(3), and any provisions of the Act and these Regulations that are necessary to give effect to them, apply to the person referred to in subsection (1).

21Personal use#

For the purposes of section 19 of the Act, the sending or conveying from one province to another, or the import or export, of a food is considered to be an activity carried out solely for personal use if the food is not intended for commercial use and if

(a)it is sent or conveyed, imported or exported by an individual, otherwise than in the course of business, and is part of a shipment of food in a quantity that is not more than the quantity set out in the document entitled Maximum Quantity Limits for Personal Use Exemption, prepared by the Agency and published on its website, as amended from time to time; or

(b)it is imported or exported and is part of the personal effects of an immigrant or emigrant.

22Exception — return to Canada of exported food#

(1)The requirements of the Act and these Regulations in relation to import do not apply in respect of a food that is imported after having been exported from Canada if the food is in its exported condition and if

(a)in the case of a food other than an edible meat product, the food is sent back to

(i)the person who exported it from Canada, if that person holds a licence to export, or

(ii)the person who was last in possession of it before its export, from among the persons who manufactured, processed, treated, preserved, graded, packaged or labelled it; and

(b)in the case of an edible meat product, the import is authorized by an inspector and the meat product is immediately delivered to an establishment where it is stored and handled in its imported condition by a licence holder and kept in that establishment until an inspector has completed an inspection of the product.

(2)For the purposes of subsection (1), the foods set out in paragraphs 25(a) and (b) are not considered to be meat products.

23Exception — interprovincial trade, import and export#

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

(a)the food is carried on a conveyance for use by the crew or passengers of that conveyance;

(b)the food is intended and used for analysis, evaluation, research or a Canadian or international food exhibition and is part of a shipment that weighs 100 kg or less or, in the case of eggs, is part of a shipment of five or fewer cases that are each intended to contain 30 dozen eggs;

(c)the food is not intended or sold for use as food and a label that indicates its intended use and bears the expression “Not for Use as Human Food” or “ne peut servir à l’alimentation humaine” is applied or attached to the food or accompanies it;

(d)in the case of a food that is imported, the food

(i)is imported from the United States into the Akwesasne Reserve for use by an individual who has established permanent residence on that Reserve, or

(ii)is part of an in bond shipment that is sent or conveyed from a foreign state to a cruise ship or military ship in Canada for use by the crew or passengers; or

(e)in the case of a food that is sent or conveyed from one province to another, the food is sent or conveyed from one federal penitentiary to another.

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

^note

23.1Exception — city of Lloydminster#

(1)The prohibitions under sections 10 to 13 of the Act and the requirements of these Regulations that apply to a food commodity that is sent or conveyed from one province to another or to a person conducting a prescribed activity in respect of a food commodity that is to be sent or conveyed from one province to another do not apply if that food commodity is sent or conveyed from Alberta to the part of the city of Lloydminster that is in Saskatchewan or from Saskatchewan to the part of the city of Lloydminster that is in Alberta.

(2)For the purpose of subsection (1), the city of Lloydminster has the meaning assigned by the definition “City” in section 2 of the The City of Lloydminster Act, S.S. 2004, c. C-11.2, as amended from time to time, or the definition “City” in section 1 of the City of Lloydminster Act, S.A. 2005, c. C-13.5, as amended from time to time.

^note

24Exception — in bond shipment#

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

(a)the food is manufactured or prepared in a foreign state; and

(b)the food passes only in transit through Canada.

25Exception — meat products#

Subparagraph 7(2)(a)(ii), subsection 28(2), paragraph 29(1)(d), subsection 31(2), section 42, paragraph 46(1)(b) and sections 69, 167, 168 and 296 do not apply in respect of

(a)meat products — other than those set out in column 1 of Part A of Table 2 to Volume 7 of the Standards of Identity Document — that are a mixture of a ready-to-eat meat product and a food other than a meat product, if

(i)the ready-to-eat meat product that is contained in the mixture was manufactured, processed, treated, preserved, packaged or labelled in Canada by a licence holder in accordance with the provisions of the Act and these Regulations,

(ii)the ready-to-eat meat product that is contained in the mixture is derived from a livestock carcass or poultry carcass that has been graded in Canada by a grader in accordance with these Regulations,

(iii)the ready-to-eat meat product that is contained in the mixture has been imported by a licence holder in accordance with the provisions of the Act and these Regulations, or

(iv)the mixture is imported and

(A)the foreign state in which the mixture is manufactured, prepared, stored, packaged or labelled, as the case may be, has, at the time the activity is conducted, an inspection system for meat products that is recognized under Part 7,

(B)the foreign state from which the mixture is imported has, at the time of the import, an inspection system for meat products that is recognized under Part 7,

(C)the establishment where the food animal from which the ready-to-eat meat product that is contained in the mixture is derived was slaughtered, and any establishment where that meat product was manufactured, processed, treated, preserved, handled, tested, graded, coded, stored, packaged or labelled, have, at the time that the activity is conducted and at the time of the import, a system for manufacturing, processing, treating, preserving, handling, testing, grading, coding, slaughtering, storing, packaging or labelling, as the case may be, that is recognized under Part 7, and

(D)the holder of the licence to import provides an inspector with an official document issued by the foreign state, in a form approved by the President, that states that the ready-to-eat meat product that is contained in the mixture meets the requirements that are set out in the Act and these Regulations; and

(b)broth, lard, leaf lard, tallow or other rendered fat, suet, shortening, flavour or extract if

(i)the meat product from which the broth, lard, leaf lard, tallow or other rendered fat, suet, shortening, flavour or extract is derived was manufactured, processed, treated, preserved, packaged or labelled in Canada by a licence holder in accordance with the provisions of the Act and these Regulations,

(ii)the meat product from which the broth, lard, leaf lard, tallow or other rendered fat, suet, shortening, flavour or extract is derived is a livestock carcass or a poultry carcass that has been graded in Canada by a grader in accordance with these Regulations,

(iii)the meat product from which the broth, lard, leaf lard, tallow or other rendered fat, suet, shortening, flavour or extract is derived has been imported by a licence holder in accordance with the provisions of the Act and these Regulations, or

(iv)the broth, lard, leaf lard, tallow or other rendered fat, suet, shortening, flavour or extract is imported and

(A)the foreign state in which the broth, lard, leaf lard, tallow or other rendered fat, suet, shortening, flavour or extract is manufactured, prepared, stored, packaged or labelled, as the case may be, has, at the time the activity is conducted, an inspection system for meat products that is recognized under Part 7,

(B)the foreign state from which the broth, lard, leaf lard, tallow or other rendered fat, suet, shortening, flavour or extract is imported has, at the time of the import, an inspection system for meat products that is recognized under Part 7,

(C)the establishment where the food animal from which the meat product from which the broth, lard, leaf lard, tallow or other rendered fat, suet, shortening, flavour or extract is derived was slaughtered, and any establishment where the meat product was manufactured, processed, treated, preserved, handled, tested, graded, coded, stored, packaged or labelled, have, at the time that the activity is conducted and at the time of the import, a system for manufacturing, processing, treating, preserving, handling, testing, grading, coding, slaughtering, storing, packaging or labelling, as the case may be, that is recognized under Part 7, and

(D)the holder of the licence to import keeps a document that substantiates that the conditions set out in clauses (A) to (C) are met.

Part 3 · Licences

Division 1 — General

26Paragraph 20(1)(a) of Act — import#

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

(2)For the purpose of issuing a licence to export under paragraph 20(1)(a) of the Act, any of the following is a prescribed food commodity:

(a)any food;

(b)any food commodity referred to in paragraph 17(2)(b); and

(c)any food commodity referred to in subsection 17(3).

27Paragraph 20(1)(b) of Act — import#

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

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

(a)in the case of a food, manufacturing, processing, treating, preserving, grading, storing, packaging and labelling; and

(b)in the case of a food animal, slaughtering.

(3)For the purpose of issuing a licence under paragraph 20(1)(b) of the Act, any food, any food animal, any food commodity referred to in paragraph 17(2)(b) and any food commodity referred to in subsection 17(3) are prescribed food commodities that are to be exported, and the following activities are prescribed activities in respect of those prescribed food commodities:

(a)in the case of a food, a food commodity referred to in paragraph 17(2)(b) and a food commodity referred to in subsection 17(3), manufacturing, processing, treating, preserving, grading, storing, packaging and labelling; and

(b)in the case of a food animal, slaughtering.

28Application for issuance, renewal or amendment#

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

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

(3)A work shift must be

(a)in the case of slaughtering, a work shift during which no inspection station referred to in subsection 41(1) is operated for more than 7.5 hours in one day and 37.5 hours in one work week, excluding meal times; and

(b)in the case of manufacturing, processing, treating, preserving, grading, packaging or labelling a meat product or storing and handling an edible meat product in its imported condition, a work shift during which those activities are conducted

(i)for not more than 7.5 hours in one day and 37.5 hours in one work week, excluding meal times, or

(ii)between 6:00 a.m. and 6:00 p.m.

29Conditions — issuance, renewal or amendment#

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

(a)in the case of an application for the issuance of a licence, the applicant is not in default of payment of any fee related to the Act that is fixed under the Canadian Food Inspection Agency Act;

(b)the applicant, whether or not they are a licence holder conducting the activity in respect of which the application for the issuance, renewal or amendment of the licence is made,

(i)in the case of a licence in respect of a food, meets the applicable requirements of Part 4, and

(ii)in the case of a licence in respect of a food commodity referred to in paragraph 17(2)(b) or subsection 17(3), meets the applicable requirements of Part 4 — other than Division 3 — as if the food commodity were a food;

(c)in the case of an application for the issuance, renewal or amendment of a licence to import, the applicant carries on business related to the food in respect of which the application is made from a fixed place of business that is in

(i)Canada, or

(ii)a foreign state that has an inspection system described in subparagraph 12(1)(a)(i) or a food safety system described in subparagraph 12(1)(a)(ii);

(d)in the case of an application for the issuance, renewal or amendment of a licence to slaughter a food animal, to manufacture, process, treat, preserve, grade, package or label a meat product or to store and handle an edible meat product in its imported condition, a work shift has been approved by the President for each establishment where the activity is conducted;

(e)the information submitted in the application is complete, truthful and not misleading; and

(f)the Minister is of the opinion, on the basis of the information that was made available to him or her, that the conduct of the activity in respect of which the application for the issuance, renewal or amendment of the licence is made does not present a risk of injury to human health.

(2)Despite paragraph (1)(b), the Minister may renew a suspended licence if the requirements of subsection (1), other than any requirements whose contravention forms the grounds of the suspension, are met. However, the suspension of the licence remains in effect.

30Refusal — issuance, renewal or amendment#

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

(a)in the five years before the day on which the application is made, the applicant or any of their directors or officers

(i)have had a licence suspended or cancelled, or

(ii)have been convicted of an offence under the Act or the Food and Drugs Act; or

(b)in the case of an application for the renewal or amendment of a licence, the applicant is in default of payment of any fee related to the licence that is fixed under the Canadian Food Inspection Agency Act.

31Establishment#

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

(2)Subject to subsection (3) and unless otherwise authorized by an inspector, the activities that are conducted in respect of a food animal or meat product must be conducted during a work shift approved by the President and during which inspection services are provided in accordance with Division 2.

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

32Amendment of licence — inability to conduct activity#

(1)If a licence holder is unable to conduct an activity that is identified in their licence in one of the establishments that are identified in the licence, the Minister may amend the licence to remove the authorization to conduct that activity in that establishment.

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

33Expiry#

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

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

34Invalidity#

A licence becomes invalid if the licence holder surrenders the licence to the Minister and it is not subject to a cancellation procedure.

35Grounds for suspension#

The Minister may suspend a licence if

(a)the licence holder does not comply with any provision of the Act, other than section 15, or with any provision of these Regulations, the Food and Drugs Act or the Food and Drug Regulations;

(b)the licence holder is in default of payment of any fee related to the licence that is fixed under the Canadian Food Inspection Agency Act; or

(c)the Minister is of the opinion that a risk of injury to human health may result if the licence holder continues to conduct an activity that is identified in the licence.

36Suspension#

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

(a)was provided with a written report that sets out the grounds for the suspension and the period within which corrective action must be taken in order to avoid the suspension; and

(b)failed to take corrective action within that period.

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

37Risk of injury to human health#

(1)Despite section 36, if the Minister is of the opinion that a risk of injury to human health may result if the licence holder continues to conduct an activity that is identified in the licence, the Minister may suspend the licence immediately after the licence holder is provided with a written report that sets out the grounds for the suspension.

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

38Duration of suspension#

The suspension of a licence must be lifted if the Minister determines that corrective action has been taken.

39Grounds for cancellation#

The Minister may cancel a licence if

(a)the licence holder fails to take corrective action within 90 days after the day on which the licence was suspended, unless a longer period is granted by the Minister at the written request of the licence holder;

(b)the licence holder continues to conduct an activity that is identified in their licence while the licence is suspended;

(c)the licence holder or any of their directors or officers has been convicted of an offence under the Act or the Food and Drugs Act;

(d)the licence holder does not comply with any provision of the Act, other than section 15, or with any provision of these Regulations, the Food and Drugs Act or the Food and Drug Regulations and, since its issuance or renewal, the licence

(i)has already been suspended for non-compliance with that provision, or

(ii)has already been suspended twice; or

(e)the licence holder was not in compliance with section 15 of the Act in respect of their application for the issuance, renewal or amendment of the licence or at any time during the period of validity of the licence.

40Cancellation#

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

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

Division 2 — Inspection Services — Food Animals and Meat Products

41Inspection stations — slaughtering#

(1)The Minister must determine the number of inspection stations that are required annually during each work shift that has been approved by the President, for each establishment where food animals are slaughtered by a licence holder, taking into account the following factors:

(a)the animal species that are slaughtered;

(b)the method of carcass examination or inspection that is used;

(c)the speed of the slaughter line; and

(d)the volume of production.

(2)The Minister must determine whether inspection services at an inspection station are to be provided at a fixed or unfixed location in the establishment and, in the case of a fixed location, must specify the location in the establishment.

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

^note

42Minimum hours of inspection — meat products#

The Minister must determine the minimum number of hours of inspection that are required per year during each work shift that has been approved by the President, for each establishment where a meat product is manufactured, processed, treated, preserved, graded, packaged or labelled, or where an edible meat product is stored and handled in its imported condition, by a licence holder, taking into account the following factors:

(a)the nature and complexity of the activities that are conducted by the licence holder in the establishment;

(b)the size of the establishment, the layout of equipment and the type of equipment and technology that are used;

(c)the range of meat products and the volume of production;

(d)work scheduling practices; and

(e)the inspection records in respect of the establishment and the activities that are conducted by the licence holder in the establishment and, if available, any inspection records in respect of comparable establishments where the same activities are conducted.

43Inspection services outside work shifts#

Inspection services may be provided during a period other than a work shift if a licence holder submits a written request to the Minister and an inspector is available.

44Notice#

(1)A licence holder must notify the Minister in writing of any change that affects any of the factors set out in subsection 41(1) or section 42 or if an additional inspection station that is authorized under subsection 41(3) on an annual basis is no longer required.

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

Part 4 · Preventive Controls

Division 1 — Interpretation and Application

45Definitions#

The following definitions apply in this Part.

acceptable level means a level of a biological, chemical or physical hazard that does not present a risk of contamination of the food. (niveau acceptable)

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

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

critical control point means a step at which the application of a control measure is essential to prevent or eliminate any biological, chemical or physical hazard that presents a risk of contamination of a food or to reduce the hazard to an acceptable level. (point de contrôle critique)

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

operator means

(a)the holder of a licence to manufacture, process, treat, preserve, grade, store, package or label a food, to store and handle an edible meat product in its imported condition or to slaughter a food animal;

(b)any person who grows or harvests fresh fruits or vegetables; and

(c)any person who handles fish in a conveyance. (exploitant)

scheduled process means a process in which a treatment is applied to a food to render the food commercially sterile, taking into account the critical physical and chemical factors that affect the treatment’s effectiveness. (traitement programmé)

46Application#

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

(a)any foods that are to be exported or sent or conveyed from one province to another;

(b)any edible meat products that are imported, during their storing and handling in their imported condition, for the purpose of the exercise of an inspector’s powers under the Act; and

(c)any food animals from which meat products that are to be exported or sent or conveyed from one province to another may be derived.

(2)Despite subsection (1), in the case of the holder of a licence to import, section 86 applies in respect of any food that is imported.

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

(a)in the case of the holder of a licence referred to in paragraph (a) of the definition operator in section 45, an establishment that is identified in their licence;

(b)in the case of any person referred to in paragraph (b) of the definition operator in section 45, an establishment where that person grows or harvests fresh fruits or vegetables; and

(c)in the case of any person referred to in paragraph (c) of the definition operator in section 45, the conveyance where that person handles fish.

(4)For the purposes of section 50, subsection 56(2) and sections 66, 67 and 71, in the case of an establishment that is identified in a licence to slaughter a game animal, the facility in the establishment is deemed to be the establishment.

(5)Section 55, subsection 56(1) and sections 58 and 69 do not apply in respect of an establishment where game animals are slaughtered.

Division 2 — Biological, Chemical and Physical Hazards

47Identification and analysis of hazards#

(1)An operator must identify and analyze the biological, chemical and physical hazards that present a risk of contamination of a food.

(2)The operator must prevent, eliminate or reduce to an acceptable level the hazards referred to in subsection (1) by using control measures that are shown by evidence to be effective, including any treatment or process and including, in the case of a meat product, the control measures that are set out in the document entitled Preventive Control Requirements for Biological Hazards in Meat Products, prepared by the Agency and published on its website, as amended from time to time.

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

Division 3 — Treatments and Processes

48Application of scheduled process to low-acid food#

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

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

(3)The operator must prepare documents that set out

(a)in respect of each low-acid food,

(i)a description of the scheduled process that will be applied to it, together with the name of the person who is responsible for developing the process, and

(ii)the formulation of the food; and

(b)in respect of each application of the scheduled process to a low-acid food,

(i)the name of the food and its production volume,

(ii)the equipment that is used for the treatment,

(iii)any parameters of the treatment, such as start and end times, temperatures of the treatment and the pressure used in the treatment,

(iv)a description of any maintenance of, and of any modifications to, the equipment that is used for the treatment,

(v)any deviations from the scheduled process and any corrective action taken,

(vi)the incubation results, and

(vii)a description of any treatment of the cooling water.

(4)The documents that set out the information referred to in paragraph (3)(a) must be kept for three years after the day of the most recent application of the scheduled process to the low-acid food, and the documents that set out the information referred to in paragraph (3)(b) must be kept for three years after the day of the application of the scheduled process.

Division 4 — Maintenance and Operation of Establishment

Subdivision A — Responsibility of Operator

49Maintenance and operation#

An operator must maintain and operate an establishment so that the requirements of sections 50 to 81 are met.

Subdivision B — Sanitation, Pest Control and Non-food Agents

50Clean and sanitary condition#

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

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

51Animals — establishment#

(1)An establishment must be protected against the entry of any animal that presents a risk of contamination of a food, except if, in the case of any land that forms part of an establishment, there are no reasonably practicable measures that may be taken to prevent the entry of such animals onto the land.

(2)An animal must not be in a facility or conveyance where a food is manufactured, prepared, stored, packaged or labelled or where a food animal is slaughtered, unless the animal is

(a)a food that is intended to be manufactured, prepared, stored, packaged or labelled in the facility or conveyance;

(b)a food animal that is intended to be slaughtered in the facility or conveyance, whether or not the meat products that may be derived from it are intended to be exported or to be sent or conveyed from one province to another; or

(c)an animal that is intended to be used in the manufacturing or preparing of a food in the facility or conveyance.

(3)Any measures that are taken for the purposes of complying with subsections (1) and (2) must not present a risk of contamination of a food.

52Sanitizers, agronomic inputs and non-food chemical agents#

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

(a)be properly and clearly identified;

(b)be suitable for its intended use and not present a risk of contamination of a food; and

(c)be handled and used in a manner that does not present a risk of contamination of a food and that is in accordance with any manufacturer’s instructions.

Subdivision C — Conveyances and Equipment

53Conveyances and equipment — food#

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

(a)be appropriate for the food or the food animal, as the case may be, and for the activity being conducted;

(b)be designed, constructed and maintained to prevent contamination of the food;

(c)be constructed of, and maintained using, materials that are suitable for their intended use and, if those materials present a risk of contamination of the food, that are

(i)corrosion-resistant,

(ii)durable,

(iii)capable of withstanding repeated cleaning and, if necessary to prevent contamination of the food, repeated sanitizing, unless the equipment is intended for a single use, and

(iv)free of any noxious constituent;

(d)be equipped with instruments to control, indicate and record any parameters that are necessary to prevent contamination of the food;

(e)function as intended;

(f)be accessible and, if necessary for its cleaning, sanitizing, maintenance or inspection, able to be easily disassembled;

(g)be used, maintained and, if necessary, calibrated in accordance with the manufacturer’s instructions and in a manner that does not present a risk of contamination of the food; and

(h)have surfaces that, if they come into contact with a food, are smooth, free from pitting, cracks and flakes and non-absorbent, except when the surface does not present a risk of contamination of the food.

54Other conveyances and equipment#

Any conveyance or equipment in an establishment that is used to handle any contaminated materials, any waste or any other thing that is inedible must, unless that conveyance or equipment does not come into contact with those materials, waste or things,

(a)be used only for that purpose;

(b)be identified as being reserved for that purpose; and

(c)meet the applicable requirements of section 53.

55Equipment — restraining#

An establishment where food animals are slaughtered must have equipment for restraining food animals during their handling, their assessment, their ante-mortem examination and their inspection.

Subdivision D — Conditions Respecting Establishments

56Land#

(1)If any land that forms part of an establishment presents a risk of contamination of a food, measures must be taken to eliminate the risk.

(2)If an establishment is located near any place or thing that presents a risk of contamination of a food, measures must be taken to eliminate the risk.

57Interior of facility or conveyance#

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

(a)designed to prevent the accumulation of substances that present a risk of contamination of the food, including dust, dirt, micro-organisms and food particles, and to permit effective maintenance, cleaning and sanitizing;

(b)designed, constructed and maintained in such a manner that

(i)the size and layout is adequate to accommodate the activity being conducted and the equipment used in the activity,

(ii)the entry of insects, rodents and other vermin is prevented,

(iii)any floors, walls, ceilings, windows and doors are smooth, non-absorbent and impervious to moisture, except if those floors, walls, ceilings, windows or doors do not present a risk of the contamination of the food, and

(iv)any floors provide or permit good drainage, except if there is no risk of liquid accumulation;

(c)constructed of, and maintained using, materials that are

(i)suitable for their intended use,

(ii)appropriate for the food or the food animal, as the case may be, and for the activity being conducted,

(iii)durable,

(iv)capable of withstanding repeated cleaning and, if necessary to prevent contamination of the food, repeated sanitizing, and

(v)free of any noxious constituent; and

(d)of sound construction and in good repair.

58Slaughtering — separate areas#

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

(a)keeping, examining and inspecting food animals;

(b)segregating and isolating food animals under section 132 or paragraph 140(b);

(c)holding food animals that show a deviation from normal behaviour, physiology or appearance; and

(d)humanely killing food animals under paragraph 140(c).

(2)The establishment must also have an enclosed area for the handling of inedible meat products.

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

(4)The establishment must be equipped with inspection stations at the fixed locations specified by the President under subsection 41(2) and in the numbers determined by the President under subsection 41(1), and

(a)if a licence holder is authorized to conduct a post-mortem examination program, stations for post-mortem examinations; or

(b)if a licence holder is authorized to conduct a post-mortem defect management program, stations for post-mortem screenings.

59Design, construction and maintenance — movement#

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

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

60Incompatible activities#

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

61Separation of food#

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

(a)anything that presents a risk of contamination of the food;

(b)any food that does not meet the requirements of the Act or these Regulations; and

(c)anything that is manufactured, prepared, stored, packaged or labelled in an establishment and not intended or sold for use as food.

62Arrival of certain food at establishment#

(1)Any food that presents a risk of injury to human health, that is exempted under section 22 from the application of the import requirements that are set out in the Act and these Regulations or that does not meet the requirements that are set out in the Act or these Regulations must be identified as such and placed in a designated area when it arrives at an establishment.

(2)Any measures that are necessary to prevent the food described in subsection (1) from contaminating any other food that is in the establishment must be taken.

63Lighting#

(1)An establishment must be equipped with natural or artificial lighting that is appropriate for the food or the food animal that is intended to be slaughtered, as the case may be, and for the activity being conducted.

(2)Any light fixtures in the establishment must

(a)be capable of withstanding repeated cleaning and, if necessary to prevent contamination of a food, repeated sanitizing; and

(b)not present a risk of contamination of the food in the event of breakage.

64Ventilation system#

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

(a)provides natural or mechanical ventilation with sufficient air exchange to provide clean air and to remove unclean air and odours that might affect the food;

(b)is accessible and, if necessary for its cleaning, maintenance or inspection, is able to be disassembled;

(c)is capable of withstanding repeated cleaning; and

(d)functions as intended.

65Temperature and humidity#

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

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

(a)if necessary to prevent contamination of a food, be equipped with instruments to control, indicate and record the temperature and humidity levels;

(b)be accessible and, if necessary for its cleaning, maintenance or inspection, is able to be disassembled;

(c)be capable of withstanding repeated cleaning; and

(d)function as intended.

66Removal and disposal of contaminated materials and waste#

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

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

67Cleaning stations, lavatories, etc.#

(1)If necessary to prevent the contamination of a food, an establishment must be equipped with hand cleaning and sanitizing stations, lavatories, showers, drinking water stations, break rooms or change rooms that

(a)are appropriately equipped and adequate in number and size for the number of persons using them;

(b)are located so that they are readily accessible to the persons using them; and

(c)are capable of withstanding repeated cleaning and, if necessary to prevent contamination of a food, repeated sanitizing.

(2)The hand cleaning and sanitizing stations must permit the effective cleaning of hands.

(3)The lavatories must be located and maintained so that they do not present any risk of contamination of a food.

68Area for inspector’s use#

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

69Office, lockers, etc., for inspector#

(1)An establishment in which a meat product or processed egg product is manufactured, prepared, stored, packaged or labelled or in which a food animal is slaughtered must provide an inspector with

(a)a furnished office that is readily accessible, appropriately equipped and appropriate in size for the exercise of their powers and the performance of their duties and functions under the Act;

(b)lockers and cabinets that are readily accessible and appropriate for the protection and storing of their equipment and documents; and

(c)access to a lockable storage facility or equipment that is appropriate for the protection, preservation and storing of samples.

(2)In the case of an establishment in which a food animal is slaughtered, the office referred to in paragraph (1)(a) must be private and the inspector must also be provided with access to a lavatory, a shower and a change room in the establishment.

70Water — contact with food#

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

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

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

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

71Supply of water, steam and ice#

(1)An establishment must be supplied, as appropriate for the food or the food animal that is intended to be slaughtered, as the case may be, and for the activity being conducted, with

(a)water that is adequate in quantity, temperature, pH and pressure to meet the needs of the establishment;

(b)steam that is adequate in quantity and pressure to meet those needs; and

(c)ice that is adequate in quantity to meet those needs.

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

Subdivision E — Unloading, Loading and Storing

72Conveyances#

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

(a)must be designed, constructed and maintained to prevent contamination of the food;

(b)must be constructed of, and maintained using, materials that are suitable for their intended use and, if the materials present a risk of contamination of the food, that are

(i)durable,

(ii)capable of withstanding repeated cleaning and, if necessary to prevent contamination of a food, repeated sanitizing, and

(iii)free of any noxious constituent;

(c)must be capable of maintaining the temperature and humidity at levels that are appropriate for the food and, if necessary to prevent contamination of the food, be equipped with instruments that control, indicate and record those levels;

(d)must not contain any animal, other than an animal referred to in paragraph 51(2)(a), any pest control product as defined in subsection 2(1) of the Pest Control Products Act or any other material or substance that presents a risk of contamination of the food; and

(e)must be clean and in a sanitary condition at the time of unloading or loading.

73Unloading and loading#

Any unloading and loading of a food or of a food animal that is intended to be slaughtered, from or onto a conveyance at an establishment, must be conducted in a manner that does not present a risk of contamination of a food.

74Storing — food#

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

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

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

Subdivision F — Competency

75Competencies and qualifications#

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

Subdivision G — Hygiene

76Clothing, footwear and protective coverings#

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

77Personal cleanliness#

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

(a)immediately on entering the area;

(b)immediately after using a lavatory;

(c)immediately before beginning to conduct the activity; and

(d)at a frequency appropriate for the food and for the activity being conducted.

78Spitting, chewing gum and other acts#

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

79Objects and substances — risk of contamination#

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

80Reporting of disease, illness, symptoms and lesions#

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

81Communicable disease and lesions — risk of contamination#

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

Division 5 — Investigation, Notification, Complaints and Recall

82Investigation#

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

(2)If the investigation establishes that the food presents a risk of injury to human health, the operator must immediately notify the Minister and immediately take action to mitigate the risk.

83Complaints procedure#

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

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

84Recall procedure#

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

(2)The operator must, at least once every 12 months,

(a)conduct a recall simulation, based on the recall procedure; and

(b)prepare a document that sets out the details of how the recall simulation was conducted and the results of the simulation, and keep that document for two years after the day on which the recall simulation is completed.

(3)If an operator determines that a food should be recalled because it presents a risk of injury to human health, the operator must immediately notify the Minister.

(4)If a food is the subject of a recall because it presents a risk of injury to human health, the operator must

(a)immediately implement the recall procedure; and

(b)prepare a document that sets out the details of the recall, including any information that substantiates its effectiveness, and keep the document for two years after the day on which the recall is initiated.

85Imported food#

The holder of a licence to import must comply with sections 82 to 84 in respect of a food that is imported.

Division 6 — Preventive Control Plan

86Licence holders#

(1)A licence holder must prepare, keep and maintain a written preventive control plan that meets the requirements of section 89 for any activity identified in their licence that they conduct in respect of a food or food animal.

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

(3)Despite subsection (1), if a licence holder’s gross sales that are derived from food are $100,000 or less for the 12 months before the day on which they most recently made an application for the issuance, renewal or amendment of a licence, a preventive control plan must be prepared, kept and maintained only for any activity that they conduct in respect of

(a)a food animal, meat product, fish, dairy product, egg, processed egg product or processed fruit or vegetable product that is identified in their licence; and

(b)a food in respect of which a certificate or other document referred to in section 48 of the Act is sought.

87Growers or harvesters of fresh fruits or vegetables#

Any person who grows or harvests fresh fruits or vegetables must prepare, keep and maintain a written preventive control plan that meets the requirements of section 89 for any activity that they conduct in respect of those fresh fruits or vegetables if they are

(a)to be exported and a certificate or other document referred to in section 48 of the Act is sought in respect of the fresh fruits or vegetables; or

(b)to be sent or conveyed from one province to another and the person’s gross sales that are derived from food are more than $100,000 for the previous 12 months.

88Implementation#

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

89Content of preventive control plan#

(1)The preventive control plan must include

(a)a description of the measures for ensuring that the applicable requirements of sections 201 and 205, subsection 206(1), sections 208, 218, 221, 296, 306, 307, 316, 317, 321, 322, 324 to 326 and 328 are met;

(b)a description of the measures for ensuring that the food is packaged and labelled in a manner that does not contravene subsection 6(1) of the Act;

(c)in relation to the applicable requirements of these Regulations,

(i)a description of the biological, chemical and physical hazards that are identified under subsection 47(1) as presenting a risk of contamination of a food, of the control measures for preventing or eliminating those hazards or reducing them to an acceptable level and of the evidence that the control measures are effective,

(ii)a description of the critical control points, of the related control measures and of the evidence that the control measures are effective,

(iii)a description of the critical limits for each critical control point,

(iv)the procedures for monitoring the critical control points in relation to their critical limits,

(v)the corrective action procedures for each critical control point,

(vi)the procedures for verifying that the implementation of the preventive control plan results in compliance with the provisions of the Act and these Regulations, and

(vii)documents that substantiate that the preventive control plan has been implemented with respect to subparagraphs (i) to (vi); and

(d)in relation to the applicable requirements of sections 128 to 136, paragraphs 140(b) and (c) and sections 141 to 144,

(i)a description of the measures for preventing or eliminating a risk of avoidable suffering, injury or death to the food animals during their handling, and of the evidence that those measures are effective,

(ii)a description of the measures for preventing or eliminating a risk of avoidable suffering or injury to the food animals during their slaughtering, and of the evidence that those measures are effective,

(iii)a description of the performance criteria for evaluating the effectiveness of each of those measures,

(iv)the procedures for monitoring each of those measures,

(v)the corrective action procedures for each of those measures,

(vi)the procedures for verifying that the implementation of the preventive control plan results in compliance with the provisions of the Act and these Regulations,

(vii)the procedures for auditing, on a regular basis, the outcome of the implementation of the preventive control plan, and

(viii)documents that substantiate that the preventive control plan has been implemented with respect to subparagraphs (i) to (vii); and

(e)supporting documents that show evidence of the information recorded under paragraphs (a) and (b), subparagraphs (c)(i) to (vi) and (d)(i) to (vii).

(2)Each document referred to in subparagraphs (1)(c)(vii) and (d)(viii) must be kept for two years after the day on which it is prepared.

(3)The preventive control plan of the holder of a licence to slaughter a game animal is not required to include any information specified in subsection (1) other than the information specified in subparagraphs (1)(c)(i) and (d)(i).

(4)The preventive control plan of the holder of a licence to import must also include the information specified in subparagraphs (1)(c)(i) to (vii) in relation to the requirements of section 11.

(5)The preventive control plan of the holder of a licence to export must also include the information specified in subparagraphs (1)(c)(i) to (vii) in relation to the requirements of subsection 15(1).

(6)The preventive control plan of a licence holder who is authorized under subsection 160(3) to conduct a post-mortem examination program or a post-mortem defect management program must also include the information specified in subparagraphs (1)(c)(i) to (vii) and paragraph (1)(e) in relation to that program and must meet the requirements that are set out in

(a)in the case of a post-mortem examination, the document entitled Fundamentals of the Post-mortem Examination Program, prepared by the Agency and published on its website, as amended from time to time; or

(b)in the case of a post-mortem defect management program, the document entitled Fundamentals of the Post-mortem Defect Management Program, prepared by the Agency and published on its website, as amended from time to time.

^note

Part 5 · Traceability

90Documents#

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

(a)the common name of the food, a lot code or other unique identifier that enables the food to be traced and the name and principal place of business of the person by or for whom the food was manufactured, prepared, produced, stored, packaged or labelled;

(b)except if they provide the food to another person as a sale at retail, the date on which it was provided and the name and address of the person to whom it was provided;

(c)if they were provided the food by another person, the name and address of that person and the date on which it was provided; and

(d)the name of any food commodity that they incorporated into the food or from which they derived the food and, if they were provided the food commodity by another person, the name and address of that person and the date on which it was provided.

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

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

91Production of documents#

(1)Any person who has received a request from the Minister for a document referred to in section 90, or any part of such a document, must provide it to the Minister

(a)within 24 hours after receipt of the request, or within

(i)any shorter period that is specified by the Minister, if the Minister believes that it is necessary in order to identify or respond to a risk of injury to human health associated with a food commodity, or

(ii)any longer period that is specified by the Minister, if the Minister believes that the document is not necessary for a recall that is or may be ordered under subsection 19(1) of the Canadian Food Inspection Agency Act; and

(b)if provided electronically, in a single file and in plain text that is capable of being imported into and manipulated by standard commercial software.

(2)In paragraph (1)(b), plain text means data that is not encrypted and whose semantic content is available.

92Labelling#

(1)Any person referred to in subsection 90(1) or (2) must ensure that a label that bears the information specified in paragraph 90(1)(a) is applied or attached to any food, or accompanies any food, that is provided to another person.

(2)In the case of consumer prepackaged food that is not packaged at retail, the unique identifier referred to in paragraph 90(1)(a) must be a lot code.

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

(a)a food at the time of its export;

(b)a food, other than a consumer prepackaged food, at the time of its sale at retail; or

(c)a prepackaged food described in paragraphs 213(a) to (c) at the time of its sale at retail.

(4)Despite subsection (1), any food described in paragraph 219(1)(a) or (b) is not required to be labelled with the common name of the food at the time of its sale at retail.

(5)Despite subsection (1), any food described in section 220 is not required to be labelled with the name and principal place of business of the person by or for whom the food was manufactured, prepared, produced, stored, packaged or labelled.

Part 6 · Commodity-specific Requirements

Division 1 — Application

93Application — import, interprovincial trade and export#

(1)The requirements of this Part apply in respect of

(a)any foods that have been imported or any foods that are to be sent or conveyed from one province to another or exported; and

(b)any food animals from which meat products that are to be sent or conveyed from one province to another or exported may be derived.

(2)The requirements of sections 128 to 136 apply in respect of food animals that are in an establishment that is identified in a licence to slaughter.

Division 2 — Dairy Products

94Preparation#

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

Division 3 — Eggs

95Pasteurization#

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

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

96Import — foreign official document#

The holder of a licence to import may import eggs only if the licence holder provides an inspector with an official document issued by the foreign state, in a form approved by the President, that states that the eggs meet the requirements that are set out in the Act and these Regulations.

97Import — Grade C or Grade Nest Run#

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

98Import — ungraded eggs#

(1)Despite subsection 306(1), a licence holder may import ungraded eggs if they

(a)before the import, notify the Minister in writing of the quantity of ungraded eggs that are intended to be imported, the date of the import and the name of the licence holder and address of the establishment referred to in paragraph (c);

(b)package them in a container that is labelled with the expression “Ungraded Eggs” or “oeufs non classifiés”; and

(c)deliver them directly to an establishment where eggs are processed and treated by a licence holder.

(2)Any imported ungraded eggs delivered to an establishment referred to in paragraph (1)(c) may be removed from that establishment if

(a)the eggs have been processed and treated by a licence holder; or

(b)the eggs are delivered directly to another establishment where eggs are processed and treated by a licence holder.

99Interprovincial trade#

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

(a)eggs that are graded Canada A or Canada B that bear an ink mark that consists of the word “dyed” or “teint” or a deposit of ink that is applied to an egg’s shell by the holder of a licence to grade eggs;

(b)eggs that are graded Canada C;

(c)eggs that are graded Grade C or Grade Nest Run that are imported; and

(d)ungraded eggs that are imported in accordance with subsection 98(1).

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

(3)Despite subsection 306(1), any person may send or convey from one province to another ungraded eggs, other than eggs that are rejected in accordance with subsection 333(1) or eggs that are imported in accordance with subsection 98(1), if the person

(a)packages them in a container that is labelled with the expression “Ungraded Eggs” or “oeufs non classifiés”; and

(b)delivers them to an establishment where either eggs are graded or eggs are processed and treated by a licence holder.

100Ink#

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

101Trays#

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

Division 4 — Processed Egg Products

102Processing and treating eggs#

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

(a)are edible;

(b)do not emit an abnormal odour;

(c)are not mouldy;

(d)have not been in an incubator;

(e)do not have an internal defect, other than a particle of the oviduct or a blood spot neither of which exceeds 3 mm in diameter;

(f)are not leakers, except if they become leakers while being transferred to the egg-breaking equipment and they are prepared in a manner that prevents the contamination of the processed egg product; and

(g)are free from dirt and other foreign matter.

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

103Temperature#

(1)A processed egg product that is to be sent or conveyed from one province to another or exported and that is processed or treated in an establishment that is identified in a licence must have been chilled to 4°C or less before being removed from the establishment, if it is a

(a)liquid whole egg;

(b)liquid yolk;

(c)liquid egg white or liquid albumen;

(d)liquid whole egg mix;

(e)liquid yolk mix; and

(f)liquid egg product.

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

104Import — foreign official document#

The holder of a licence to import may import a processed egg product only if the licence holder provides an inspector with an official document issued by the foreign state, in a form approved by the President, that states that the processed egg product meets the requirements that are set out in the Act and these Regulations.

Division 5 — Fish

105Prohibition — import of mitten crab or puffer fish#

(1)It is prohibited for a person to import

(a)a live, freshwater mitten crab of the genus Eriocheir; or

(b)a puffer fish of the family Tetraodontidae.

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

106Import of live or raw shellfish#

(1)The holder of a licence to import may import live or raw shellfish only if

(a)the foreign state in which the shellfish is harvested, manufactured, prepared, stored, packaged or labelled, as the case may be, has, at the time the activity is conducted, an inspection system for the shellfish that is recognized under Part 7;

(b)the foreign state from which the shellfish is imported has, at the time of the import, an inspection system for shellfish that is recognized under Part 7; and

(c)any establishment where the shellfish was manufactured, prepared, stored, packaged or labelled has, at the time that the activity is conducted and at the time of the import, a system for manufacturing, preparing, storing, packaging or labelling, as the case may be, that complies with an inspection system for shellfish that is recognized under Part 7.

(2)The conditions in paragraphs (1)(a) to (c) do not apply in respect of the import of the adductor muscles of scallops or the meat of geoducks.

107Shellfish#

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

(a)that has been classified under the Canadian Shellfish Sanitation Program and that is not subject to an order prohibiting fishing issued under the Management of Contaminated Fisheries Regulations; or

(b)that is subject to an order prohibiting fishing issued under the Management of Contaminated Fisheries Regulations but the shellfish has been decontaminated in accordance with the decontamination plan submitted in connection with a licence to fish for food purposes issued under those Regulations.

(2)The conditions in paragraphs (1)(a) and (b) do not apply in respect of the manufacturing, preparing, storing, packaging or labelling of the adductor muscles of scallops or the meat of geoducks.

108Frozen fish#

A licence holder must protect from dehydration and oxidation all frozen fish that is stored in a conveyance.

Division 6 — Fresh Fruits or Vegetables

Subdivision A — Interpretation and Application

109Definitions#

The following definitions apply in this Division.

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

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

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

110Fresh fruits or vegetables packaged together#

The requirements of sections 113 to 121 and 269 — as well as any requirements under Division 2 of Part 10 and Part 12 that apply in respect of fresh fruits or vegetables — do not apply in respect of consumer prepackaged fresh fruits or vegetables if the container contains more than one type of fresh fruit or vegetable but no other food and if

(a)the label that is applied or attached to the container bears the expression “Fresh Pack” or “emballage frais” or, in the case of consumer prepackaged fresh vegetables, the expression “Stew-pack” or “légumes mixtes” or the expression “Vegetables for Stew” or “légumes pour ragoût”;

(b)no one type of fresh fruit or vegetable in the container exceeds 1 kg net weight; and

(c)the net weight of the fresh fruits or vegetables in the container does not exceed 10 kg.

111Fresh fruits or vegetables packaged with other food#

(a)the label that is applied or attached to the container bears the expression “Gift Pack” or “emballage-cadeau” or the expression “Combo Pack” or “emballage mixte”;

(b)no one type of fresh fruit or vegetable in the container exceeds 1 kg net weight; and

(c)the net weight of the fresh fruits or vegetables and other food in the container does not exceed 10 kg.

Subdivision B — Import

112Whole fresh fruits or vegetables#

The requirements of this Subdivision apply in respect of any fresh fruits or vegetables that are whole.

113Imported potatoes#

(1)Potatoes that are imported must meet the requirements for the grade Canada No. 1 that are set out in the Compendium or the Fresh Fruit and Vegetable Grades Document.

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

(iv)in the case of apples, the requirements for the grade Canada Extra Fancy or Canada Fancy that are set out in the Compendium or the Fresh Fruit and Vegetable Grades Document; or

(b)meet and be certified by the Minister as meeting the requirements that are set out in subparagraph (a)(i) and, in accordance with any general tolerances for inspection at the time of shipping or repackaging that are set out in the Compendium or the Fresh Fruit and Vegetable Grades Document, the requirements that are set out in subparagraph (a)(ii), (iii) or (iv).

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

^note

118Apples from New Zealand#

(1)Apples that are imported from New Zealand must

(a)be accompanied at the Canadian port of entry by a serially numbered certificate or evidence, in the form of a facsimile or a copy of an email message, issued by the ministry responsible for agriculture in New Zealand, that establishes that the following requirements are met:

(i)the applicable requirements that are set out in Parts 10 to 12, and

(ii)the requirements for the grade Canada Extra Fancy, Canada Fancy or Canada Commercial that are set out in the Compendium or the Fresh Fruit and Vegetable Grades Document; or

(b)meet and be certified by the Minister as meeting the requirements that are set out in subparagraph (a)(i) and, in accordance with any general tolerances for inspection at the time of shipping or repackaging that are set out in the Compendium, the requirements that are set out in subparagraph (a)(ii).

^note

119Exception#

Sections 116 to 118 do not apply in respect of onions, potatoes or apples that are part of a shipment that consists of not more than

(a)15 containers of onions with an aggregate net weight of not more than 250 kg of onions;

(b)15 containers of potatoes with an aggregate net weight of not more than 250 kg of potatoes; and

120In transit#

For the purposes of sections 113 to 119, if fresh fruits or vegetables are sent or conveyed to Canada in an in bond shipment from a foreign state other than the United States and pass only in transit through the United States, the fresh fruits or vegetables are not considered to have been imported from the United States.

121Application for certificate#

(1)An application for the issuance of a certificate referred to in section 116 or paragraph 117(1)(b) or 118(1)(b) must be made to the Minister in a form approved by the President.

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

(3)If an inspection is required, the applicant must make the onions, potatoes or apples readily accessible to an inspector at the time of inspection.

Subdivision C — Trade of Fresh Fruits or Vegetables

122Prohibition#

(1)It is prohibited for a person to

(a)sell any fresh fruits or vegetables that are to be exported or sent or conveyed from one province to another;

(b)purchase or negotiate the purchase on another person’s behalf of any fresh fruits or vegetables that are to be imported or sent or conveyed from one province to another;

(c)receive any fresh fruits or vegetables that have been imported or sent or conveyed from one province to another; or

(d)send or convey from one province to another or import or export any fresh fruits or vegetables.

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

(a)any person who is a member in good standing of the Fruit and Vegetable Dispute Resolution Corporation, a corporation incorporated under Part 2 of the Canada Not-for-profit Corporations Act, as described in its by-laws;

(b)any person who only sells fresh fruits or vegetables directly to consumers if that person paid less than $100,000 for the fresh fruits and vegetables that they sold to consumers within the previous 12 months;

(c)any person who only purchases, sells or negotiates the purchase or sale on another person’s behalf, sends or conveys from one province to another or imports or exports less than one metric ton of fresh fruits and vegetables per day;

(d)any person who only sells fresh fruits or vegetables that they have grown themselves; or

(e)a registered charity as defined in subsection 248(1) of the Income Tax Act or a club, society or association described in paragraph 149(1)(l) of that Act.

(3)Subsection (1) does not apply in respect of nuts, wild fruit and wild vegetables.

123Damaged or defective fresh fruits or vegetables#

(1)If a claim is made that all or part of a shipment of fresh fruits or vegetables that is imported or sent or conveyed from one province to another has arrived at its destination in a damaged or defective condition, any person who has a financial interest in that shipment may make a request to the Minister for

(a)a written report that describes the condition of any damaged or defective fruits or vegetables at the time of the inspection; or

(b)a written notice of the disposition of any damaged or defective fresh fruits or vegetables that describes the amount of fresh fruit or vegetables that have been disposed of and the place and time of their disposal.

(2)The request for a report or notice referred to in subsection (1) must be made to the Minister in a form approved by the President.

(3)The person who makes the request for a report regarding the condition of fresh fruits or vegetables must make the fresh fruits or vegetables readily accessible to an inspector at the time of inspection.

(4)The person who makes the request for a notice regarding the disposition of damaged or defective fresh fruits or vegetables must ensure that their disposition is witnessed by an inspector.

Division 7 — Meat Products and Food Animals

Subdivision A — Interpretation

124Definitions#

The following definitions apply in this Division.

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

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

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

veterinary inspector means a person who is designated as a veterinary inspector under subsection 13(3) of the Canadian Food Inspection Agency Act for the purposes of the Act. (inspecteur vétérinaire)

Subdivision B — Edible Meat Products

125Identification of meat products as edible#

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

(a)the food animal from which the meat product is derived, or a sample from the shipment that the food animal is part of, is subjected to an ante-mortem examination under section 138;

(b)the food animal, other than a game animal, from which the meat product is derived, or a sample from the shipment that the food animal is part of, is subjected to an ante-mortem inspection under section 139;

(c)the carcass of the food animal from which the meat product is derived is dressed or partially dressed;

(d)the carcass, its parts and the blood of the food animal from which the meat product is derived are subjected to a post-mortem inspection under subsection 149(1) or a post-mortem examination under subsection 150(1); and

(e)the meat product is edible and is not contaminated, including that it does not contain any specified risk material.

(2)Despite (1), a licence holder must not identify as edible any of the following:

(a)a heart — other than the heart of a domesticated rabbit or of a bird that is not an ostrich, rhea or emu — unless it is opened or inverted and has all blood clots and attached blood vessels removed;

(b)a liver, unless the gallbladder is removed;

(c)a gizzard, unless its contents and lining are removed and the gizzard is washed;

(d)a meat product that contains a urinary bladder, an intestine or any part of a urinary bladder or intestine, unless the bladder, intestine or part is used as a natural casing for the meat product and meets the requirements of section 126; and

(e)a meat product with an artificial casing, unless the casing is manufactured from a material that is free of any noxious constituent.

126Natural casings#

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

(a)the bladder, the intestine or the part of the bladder or intestine have been emptied of their contents and washed, and their mucous lining has been removed;

(b)in the case of a bladder, it was inverted and placed in brine for at least 12 hours and was subsequently rinsed with water; and

(c)the casing is clean.

Subdivision C — Humane Treatment

127Avoidable death — clarification#

For greater certainty, a reference to an avoidable death in these Regulations does not include the slaughtering of a food animal in accordance with these Regulations or the humane killing of a food animal.

128Avoidable suffering, injury or death#

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

129Hitting#

(1)A licence holder must not hit a food animal with a whip, prod or, except for the purposes of section 141, any other object.

(2)A licence holder must not apply an electric prod to a food animal unless

(a)it is done for the purpose of causing the animal to move and there is no reasonably practicable alternative to the application of the prod;

(b)the food animal is a pig or a bovine;

(c)the prod is applied to the lateral portion of the rear leg muscles between the hock joint and the hip joint;

(d)the food animal has sufficient space to move forward;

(e)the food animal’s ability to move is not compromised; and

(f)the prod is applied in a manner that does not cause the food animal avoidable suffering, injury or death.

130Assessing#

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

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

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

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

(a)alleviate its suffering;

(b)humanely kill it; or

(c)slaughter it in accordance with these Regulations.

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

131Game animals#

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

(a)monitor it on a regular basis, including assessing the conditions to which the game animal is subjected in the establishment that may cause avoidable suffering, injury or death;

(b)immediately take corrective action if such conditions exist; and

(c)if the game animal is showing signs of suffering, immediately

(i)alleviate its suffering,

(ii)humanely kill it, or

(iii)slaughter it in accordance with these Regulations.

132Segregation and isolation#

A licence holder must

(a)segregate food animals of different species;

(b)segregate a sick or injured food animal with other sick or injured food animals or isolate a sick or injured food animal if, because of its condition, it presents a risk to other food animals or it requires protection from other food animals; and

(c)isolate a food animal that may cause suffering, injury or death to other food animals because of its nature, temperament, gender, weight, age or any other cause.

133Overcrowding#

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

134Ventilation#

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

135Handling#

(1)A licence holder who handles a food animal, including by handling a crate containing a food animal, during any activity they conduct in the establishment, must

(a)be able to do so, by reason of the person’s competencies and qualifications for the activity, without causing avoidable suffering, injury or death to the food animal; and

(b)do so in a manner and under circumstances in which the equipment that is used will not cause avoidable suffering, injury or death to the food animal.

(2)A licence holder must, during any activity conducted by the licence holder, use only areas of an establishment and equipment for the handling of a food animal that are designed, constructed and maintained in such a manner that they will not cause avoidable suffering, injury or death to the food animal.

136Water and feed#

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

(a)water or another source of hydration as soon as it is unloaded; and

(b)feed, within 24 hours after it is unloaded.

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

Subdivision D — Removal and Keeping

137Removal#

(1)A licence holder must notify a veterinary inspector before a food animal is removed from an establishment.

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

Subdivision E — Ante-mortem Examination and Inspection

138Ante-mortem examination#

(1)Within 24 hours before the slaughter of a food animal and in accordance with the document entitled Ante-mortem Examination and Presentation Procedures for Food Animals, prepared by the Agency and published on its website, as amended from time to time, a licence holder must conduct an ante-mortem examination of the food animal or of a sample from the shipment that the food animal is part of, which must include, in the case an equine or a bird other than one that is a game animal or an ostrich, a rhea or an emu, the examination of the documents referred to in subsection 165(1).

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

139Ante-mortem inspection#

(1)Within 24 hours before the slaughter of a food animal other than a game animal and in accordance with the document entitled Ante-mortem Examination and Presentation Procedures for Food Animals, prepared by the Agency and published on its website, as amended from time to time, a licence holder must, for the purpose of an ante-mortem inspection, present the food animal or a sample from the shipment that the food animal is part of and, in the case of an equine or a bird other than an ostrich, rhea or emu, the documents referred to in subsection 165(1) to a veterinary inspector or inspector under the supervision of a veterinary inspector.

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

^note

140Condemnation#

If a veterinary inspector, or an inspector under the supervision of a veterinary inspector, determines after an inspection that any meat product that would be derived from a food animal could not be identified as edible under section 125 and condemns the food animal, a licence holder must

(a)identify the food animal as inedible;

(b)segregate the food animal with other condemned food animals or isolate the food animal if, because of its condition, it presents a risk to other food animals or it requires protection from other food animals;

(c)humanely kill the food animal; and

(d)identify the carcass and any blood collected from the food animal as inedible.

Subdivision F — Slaughtering and Dressing

141Requirement before bleeding#

Before bleeding a food animal, other than a game animal, a licence holder must render it unconscious in a manner that prevents it from regaining consciousness before death or slaughter it by

(a)delivering a blow to the head with a mechanical device in a manner that causes an immediate loss of consciousness;

(b)applying an electrical current in a manner that causes an immediate loss of consciousness; or

(c)exposing it to a gas or a gas mixture in a manner that causes a rapid loss of consciousness.

142Requirement after bleeding starts#

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

143Requirement before suspending#

(1)A licence holder must not suspend a food animal before it is rendered unconscious or slaughtered in accordance with section 141, before it is ritually slaughtered in accordance with section 144 or before it is humanely killed.

(2)Despite subsection (1), a licence holder may suspend a bird, other than an ostrich, rhea or emu, by its legs immediately before it is rendered unconscious or slaughtered in accordance with section 141 or immediately before it is humanely killed.

144Ritual slaughter#

Despite section 141, a licence holder who ritually slaughters a food animal to comply with Judaic or Islamic law must

(a)restrain the food animal;

(b)administer one continuous, fluid cut with a knife, without the knife being lifted off the food animal, resulting in the rapid, simultaneous and complete severance of the jugular veins and carotid arteries, in a manner that causes the animal to bleed immediately; and

(c)rapidly and completely bleed it, to render it unconscious in a manner that prevents it from regaining consciousness before death.

145Dressing#

(1)After a food animal is bled, a licence holder must dress the carcass by doing the following:

(a)in the case of the carcass of a pig,

(i)remove the hair, scurf, toenails and developed mammary glands or remove the skin, head, developed mammary glands and feet at the carpal and tarsal joints, and

(ii)eviscerate and split it;

(b)in the case of the carcass of a bird,

(i)remove the feathers and hair or remove the skin,

(ii)remove the head, uropygial gland and feet at the tarsal joints, and

(iii)eviscerate it;

(c)in the case of the carcass of a goat,

(i)remove the hair, head, toenails and developed mammary glands or remove the skin, head, developed mammary glands and feet at the carpal and tarsal joints, and

(ii)eviscerate it; and

(d)in the case of the carcass of any other food animal,

(i)remove the skin, head, developed mammary glands and feet at the carpal and tarsal joints,

(ii)eviscerate it, and

(iii)split it, except in the case of a sheep, calf or domesticated rabbit.

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

(a)the licence holder establishes that there is a market for partially dressed carcasses; and

(b)the licence holder’s procedure for partial dressing is such that the carcass is sufficiently dressed to enable a post-mortem examination or inspection.

146Blood clots, bone splinters and extraneous matter#

A licence holder must remove any blood clot, bone splinter and extraneous matter from the carcass of a food animal and the parts of the carcass, and must identify what was removed as inedible.

147Processing of blood#

A licence holder must process a food animal’s blood in the inedible products area described in subsection 58(2) unless the licence holder

(a)collects it in a manner that prevents contamination;

(b)protects it against contamination after it is collected; and

(c)does not defibrinate it by hand.

148Identification and correlation#

A licence holder must identify the blood of a food animal that is collected to be processed as an edible meat product and the parts of the carcass of the food animal in a manner that enables the correlation of the blood and the parts with the carcass from which they were removed until the completion of the post-mortem inspection or examination.

Subdivision G — Post-mortem Inspection and Examination

149Post-mortem inspection#

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

(2)A licence holder, other than a licence holder who is authorized to conduct a post-mortem defect management program, must not, before the post-mortem inspection is completed, remove from the carcass any part that shows a deviation from normal appearance unless authorized to do so by a veterinary inspector.

(3)In the case of a licence holder who is authorized to conduct a post-mortem defect management program, the licence holder must not, before the post-mortem inspection begins, remove from the carcass any part that shows a deviation from normal appearance unless authorized to do so by a veterinary inspector.

(4)This section does not apply to a licence holder who is authorized to conduct a post-mortem examination program under subsection 160(3).

150Post-mortem examination#

(1)During the course of dressing or partially dressing a carcass, a licence holder who is authorized to conduct a post-mortem examination program under subsection 160(3) must, under the supervision of a veterinary inspector, conduct a post-mortem examination of the carcass, its parts and the blood of the food animal that has been collected to be processed as an edible meat product.

(2)During the course of dressing or partially dressing a carcass, a licence holder who is authorized to conduct a post-mortem defect management program under subsection 160(3) must, under the supervision of a veterinary inspector, do the following:

(a)before the post-mortem inspection begins, conduct a post-mortem screening of the carcass, its parts and the blood of the food animal that has been collected to be processed as an edible meat product; and

(b)before the post-mortem inspection of the carcass is completed, implement the necessary measures with respect to any defects of the carcass or its parts.

151Inspection legend applied before refrigeration#

In the case of an edible dressed or partially dressed whole carcass or an edible dressed carcass side, other than a carcass or carcass side of a domesticated rabbit or a bird that is not an ostrich, rhea or emu, the inspection legend must be applied after the post-mortem inspection or examination and before refrigeration

(a)by stamping it directly onto the carcass or carcass side; or

(b)by applying a label to the carcass or carcass side that is shown prominently and that bears the inspection legend, the date of slaughter of the food animal from which the carcass or carcass side is derived and a code that enables the carcass or carcass side to be correlated with the slaughter of the food animal.

Subdivision H — Inedible Meat Products

152Condemnation#

If a veterinary inspector, or an inspector under the supervision of a veterinary inspector, determines after a post-mortem inspection that any meat product that would be derived from a carcass, any of its parts or the blood of the food animal could not be identified as edible under section 125 and condemns the carcass, its parts or the blood of the food animal, a licence holder must identify any meat product that is derived from the condemned carcass, parts or blood as inedible.

153Identification#

A licence holder must identify as inedible

(a)the carcass, any of its parts or the blood of a food animal that is rejected by the licence holder who is authorized to conduct a post-mortem examination program or a post-mortem defect management program under subsection 160(3); and

(b)the carcass of a food animal that dies other than by slaughter in accordance with these Regulations.

154Meat products treated as inedible#

(1)A licence holder may treat as inedible any meat product that

(a)does not have its movement restricted by an inspector; or

(b)has its movement restricted by an inspector if the licence holder obtains an inspector’s authorization to move the meat product to the inedible products area described in subsection 58(2).

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

155Inedible products area#

(1)When a meat product is condemned or identified as inedible, a licence holder must move it directly to the inedible products area described in subsection 58(2).

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

(a)apply or attach a label to it that indicates its intended use and bears the expression “Not for Use as Human Food” or “ne peut servir à l’alimentation humaine”; or

(b)dispose of it in accordance with section 66.

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

Subdivision I — Treatment

156Contaminated meat product#

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

(a)subject it to a treatment or process that eliminates the contamination; or

(b)identify it as inedible.

157Trichinella spp. — pork#

A licence holder may identify as edible a meat product that is derived from a pig and that does not require further preparation before consumption, other than washing or thawing or exposing it to sufficient heat to warm it without cooking it, only if the conditions for identifying the meat product as edible under section 125 are met and

(a)the pork is subjected to a treatment or process that inactivates Trichinella spp. viable larvae;

(b)the pork is derived from a carcass that tests negative for the detection of Trichinella spp. larvae using a method that is shown by evidence to be effective; or

(c)the pig originates from a farm that operates an on-farm food safety program under which the risk of Trichinella spp. infection is negligible.

158Trichinella spp. — equine#

A licence holder may identify as edible a meat product that is derived from an equine only if the conditions for identifying the meat product as edible under section 125 are met and the equine’s carcass tests negative for the detection of Trichinella spp. larvae using a method that is shown by evidence to be effective.

159Bovine cysticercosis#

A licence holder may identify as edible a meat product that is derived from a bovine whose carcass is affected by or shows evidence of bovine cysticercosis only if the conditions for identifying the meat product as edible under section 125 are met and the licence holder has

(a)removed the parts of the carcass that are affected and identified them as inedible; and

(b)subjected the remaining parts to a treatment or process that inactivates bovine cysticercosis viable larvae.

Subdivision J — Post-mortem Programs

160Application for an authorization#

(1)The holder of a licence to slaughter may apply in writing to the Minister for an authorization to conduct

(a)a post-mortem examination program concerning a food animal referred to in the document entitled Fundamentals of the Post-mortem Examination Program, prepared by the Agency and published on its website, as amended from time to time; or

(b)a post-mortem defect management program concerning a food animal referred to in the document entitled Fundamentals of the Post-mortem Defect Management Program prepared by the Agency and published on its website, as amended from time to time.

(2)The application must include

(a)the licence holder’s licence number and the address of the establishment where the program will be conducted; and

(b)a copy of the licence holder’s preventive control plan that meets the requirements of section 89.

(3)The Minister must authorize the licence holder to conduct a post-mortem examination program or a post-mortem defect management program if

(a)the preventive control plan that is included in the licence holder’s application meets the requirements of section 89; and

(b)the Minister is of the opinion, based on the information that was made available to him or her, that the licence holder is able to conduct the program in compliance with these Regulations.

161Grounds for suspension#

The Minister may suspend a licence holder’s authorization to conduct a post-mortem examination program or a post-mortem defect management program if

(a)the licence holder does not comply with their post-mortem examination program or post-mortem defect management program;

(b)the licence holder does not comply with any provision of the Act or of these Regulations; or

(c)the Minister is of the opinion that a risk of injury to human health may result if the licence holder continues to conduct the program.

162Suspension#

(1)The Minister must not suspend a licence holder’s authorization to conduct a post-mortem examination program or a post-mortem defect management program unless the licence holder

(a)was provided with an inspection report that sets out the grounds for the suspension and the period within which corrective action must be taken in order to avoid the suspension; and

(b)failed to take corrective action within that period.

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

163Risk of injury to human health#

(1)Despite section 162, if the Minister is of the opinion that a risk of injury to human health may result if the licence holder continues to conduct the post-mortem examination program or post-mortem defect management program, the Minister may suspend the authorization immediately after the licence holder is provided with an inspection report that sets out the grounds for the suspension.

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

164Suspension — duration#

The suspension of an authorization to conduct a post-mortem examination program or post-mortem defect management program must be lifted if the Minister determines that corrective action has been taken.

Subdivision K — Food Animal Information Documents and Document Keeping

165Required documents#

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

(a)the name and contact information of the person who owned it and any person who had the possession, care or control of it immediately before its arrival at the establishment;

(b)the last location where it was raised or kept before its arrival at the establishment, including the address of the location, its code or the number that identifies it;

(c)the food animal’s identification number or any other information that identifies it;

(d)the name of any on-farm food safety program under which the food animal was raised or kept;

(e)in the case of a bird,

(i)the time at which the first bird of the lot of birds was placed into a crate,

(ii)the time at which the bird was last provided with access to a source of hydration before being loaded, and

(iii)the time at which the bird was last provided with access to feed before being loaded;

(f)a description of any physical or chemical hazard to which the food animal may have been exposed that could cause any meat product that is derived from the food animal to be contaminated;

(g)in respect of the last 120 days of the life of a bird that has been used for breeding or egg production or in respect of the entire life of any other bird,

(i)the mortality rate for the flock from which the bird originates,

(ii)the name of any disease or syndrome that was diagnosed in the flock from which the bird originates and the date on which the flock recovered from the disease or syndrome,

(iii)the names of any drugs administered to treat a disease or syndrome or administered as an extra-label use and of any vaccines that were administered to the bird, as well as

(A)their route of administration,

(B)the first and last date of their administration,

(C)the dosage that was administered, and

(D)the withdrawal period or, in the case of an extra-label drug administration, a copy of the prescription that was issued by a veterinarian and an attestation by a competent person or body with respect to the withdrawal period for that administration, and

(iv)the name of any drug that has been administered in the last 14 days that requires a withdrawal period; and

(h)in respect of the last 180 days of the life of an equine,

(i)the name of any disease or syndrome that was diagnosed or a description of any deviation from normal behaviour, physiology or appearance,

(ii)the names of any drugs and vaccines that were administered to the equine, as well as

(A)their Drug Identification Numbers, if any,

(B)their route of administration,

(C)the last date of their administration,

(D)the dosage that was administered, and

(E)the withdrawal period or, in the case of an extra-label drug administration, a copy of the prescription that was issued by a veterinarian and an attestation by a competent person or body with respect to the withdrawal period for that administration, and

(iii)the use of the equine.

(2)Despite subsection (1) and subsections 138(1) and 139(1), the licence holder may slaughter the equine or bird without having first obtained the documents referred to in subsection (1) if they notify an inspector before slaughtering the equine or bird and if, subsequent to the slaughter, the meat product that is derived from the equine or bird

(a)is held by the licence holder until they have obtained those documents, examined them and presented them to a veterinary inspector or to an inspector under the supervision of a veterinary inspector; or

(b)is identified as inedible.

(3)Subsection (1) does not apply in respect of a game animal or an ostrich, rhea or emu.

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

166Document keeping#

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

(a)in the case of a food animal that is slaughtered, the date and time that it was slaughtered and the findings of the ante-mortem examination and, if the licence holder is authorized to conduct a post-mortem examination program or a post-mortem defect management program, the findings of the post-mortem examination or the post-mortem screening and the reason for any condemnation or rejection;

(b)in the case of a food animal that is found dead at the time of its arrival at the establishment or that dies in the establishment other than by slaughter in accordance with these Regulations,

(i)the date and time that the food animal was found dead or was humanely killed,

(ii)its identification number or any other information that identifies it, and

(iii)the details of its disposal; and

(c)with respect to the food animals referred to in paragraph (b), the total number per day.

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

Subdivision L — Import and Export

167Import#

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

(a)the foreign state in which the meat product is manufactured, prepared, stored, packaged or labelled, as the case may be, has, at the time the activity is conducted, an inspection system for meat products that is recognized under Part 7;

(b)the foreign state from which the meat product is imported has, at the time of the import, an inspection system for meat products that is recognized under Part 7;

(c)the establishment where the food animal from which the meat product is derived was slaughtered, and any establishment where the meat product was manufactured, processed, treated, preserved, handled, tested, graded, coded, stored, packaged or labelled, have, at the time that the activity is conducted and at the time of the import, a system for manufacturing, processing, treating, preserving, handling, testing, grading, coding, slaughtering, storing, packaging or labelling, as the case may be, that is recognized under Part 7; and

(d)the licence holder provides an inspector with an official document issued by the foreign state, in a form approved by the President, that states that the meat product meets the requirements that are set out in the Act and these Regulations.

168Export#

(1)A licence holder may export an edible meat product only if

(a)the licence holder provides an inspector with a document that substantiates that the requirements of the foreign state to which it is intended to be exported are met in respect of that meat product; and

(b)a certificate or other document is issued under section 48 of the Act in respect of that meat product.

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

Part 7 · Recognition of Foreign Systems

169Exception — shellfish#

This Part does not apply in respect of the adductor muscles of scallops and the meat of geoducks.

170Application for recognition of inspection system#

(1)A foreign state may make an application to the Minister in writing for the recognition of its inspection system for meat products or live or raw shellfish.

(2)The application must include the following information:

(a)in the case of an inspection system for meat products,

(i)an indication of the species of birds or mammals and a description of the meat products to which the system applies, and

(ii)the approximate number of establishments where the manufacturing, preparing, storing, packaging or labelling of meat products that are intended to be exported to Canada would be conducted and an indication of the activities that would be conducted in those establishments;

(b)in the case of an inspection system for live or raw shellfish, an indication of the species and the growing and harvesting areas to which the system applies;

(c)the volume of meat products or live or raw shellfish to which the system applies that is anticipated to be exported to Canada per year;

(d)the items set out in paragraph (3)(a) or (b), as the case may be; and

(e)the name, title and signature of the authorized representative of the foreign state who makes the application.

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

(a)in the case of an inspection system for meat products,

(i)any applicable legislative framework, controls and procedures,

(ii)the organizational structure of the authority that is responsible for the system,

(iii)the implementation of the system,

(iv)the resources that support the objectives of the system,

(v)the humane treatment of the food animals that are intended to be slaughtered,

(vi)the chemical residue monitoring and microbiological monitoring of the meat products,

(vii)the certification process for the export of the meat products, and

(viii)any other relevant information; and

(b)in the case of an inspection system for live or raw shellfish,

(i)any applicable legislative framework, controls and procedures,

(ii)the organizational structure of the authority that is responsible for the system,

(iii)the implementation of the system,

(iv)the resources that support the objectives of the system,

(v)the chemical and microbiological monitoring of the shellfish, including monitoring for biotoxins,

(vi)the monitoring of the waters in the growing and harvesting areas to assess their suitability for their intended purpose, and

(vii)any other relevant information.

^note

171Application for recognition of system#

(1)If a foreign state’s inspection system for meat products is recognized, the foreign state may make an application to the Minister in writing for the recognition of the system of manufacturing, processing, treating, preserving, handling, testing, grading, coding, slaughtering, storing, packaging or labelling that is used in an establishment and that is subject to that inspection system.

(2)The application must include the following information:

(a)the name of the person who conducts any relevant activities and the establishment’s address;

(b)the establishment’s registration number, or another identification number for the establishment, that is provided by the foreign state;

(c)a statement that identifies the system in respect of which the application is made;

(d)a declaration by the authorized representative of the foreign state who makes the application that states that the system in respect of which the application is made is subject to the foreign state’s recognized inspection system and meets the requirements of that inspection system that apply to the conduct of those activities in respect of meat products that are intended to be exported to Canada; and

(e)the name, title and signature of the authorized representative of the foreign state who makes the application.

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

(a)the foreign state’s inspection system for the relevant meat products is recognized under subsection 170(3); and

(b)the system of manufacturing, processing, treating, preserving, handling, testing, grading, coding, slaughtering, storing, packaging or labelling is subject to the inspection system referred to in paragraph (a) and meets the requirements of that inspection system that apply to those activities in respect of meat products that are intended to be exported to Canada.

172Suspension of recognition — inspection system#

(1)The Minister must suspend the recognition of a foreign state’s inspection system that is referred to in section 170 if

(a)the foreign state fails to notify the Minister in writing, as soon as feasible, of any changes that it has made to the system or to the legislation governing the system; or

(b)the system no longer provides at least the same level of protection as that provided by the provisions of the Act and these Regulations.

(2)The Minister must suspend the recognition of a system of manufacturing, processing, treating, preserving, handling, testing, grading, coding, slaughtering, storing, packaging or labelling that is referred to in section 171 if

(a)the system no longer meets the foreign state’s requirements that apply to those activities;

(b)a shipment of meat products that have been manufactured, processed, treated, preserved, handled, tested, graded, coded, stored, packaged or labelled using the system is determined to contravene a provision of the Act, these Regulations, the Food and Drugs Act or the Food and Drug Regulations, and

(i)during the six-month period immediately prior to that shipment, there have been two other shipments of meat products that have been manufactured, processed, treated, preserved, handled, tested, graded, coded, stored, packaged or labelled using the system in respect of which such a determination of non-compliance has been made, or

(ii)among the four most recent shipments, prior to that shipment, of meat products that have been manufactured, processed, treated, preserved, handled, tested, graded, coded, stored, packaged or labelled using the system, two shipments have been determined to be non-compliant;

(c)the system is no longer subject to the foreign state’s inspection system; or

(d)the recognition of the foreign state’s inspection system to which the system is subject has been suspended.

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

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

(5)The Minister must notify the foreign state in writing that the recognition is no longer suspended if

(a)in the case of a suspension under subsection (1) or under paragraph (2)(a), (c) or (d), the circumstances that gave rise to a suspension have been remedied; or

(b)in the case of a suspension under paragraph (2)(b), the establishment has taken corrective action.

173Cancellation of recognition — inspection system#

(1)The Minister must cancel the recognition of a foreign state’s inspection system referred to in section 170 if

(a)no meat products or live or raw shellfish to which the system applies have been exported to Canada from the foreign state in the previous five years;

(b)the circumstances that gave rise to a suspension have not been remedied within 12 months after the day on which the recognition was suspended; or

(c)the foreign state requests the cancellation in writing.

(2)The Minister must cancel the recognition of a system of manufacturing, processing, treating, preserving, handling, testing, grading, coding, slaughtering, storing, packaging or labelling referred to in section 171 if

(a)the recognition of the inspection system to which it is subject has been cancelled;

(b)no meat products that were manufactured, processed, treated, preserved, handled, tested, graded, coded, stored, packaged or labelled using the system have been exported to Canada from the foreign state in the previous five years;

(c)circumstances that gave rise to a suspension have not been remedied within 12 months after the day on which the recognition was suspended; or

(d)the foreign state in which the establishment is located requests the cancellation in writing.

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

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

Part 8 · Ministerial Exemptions

173.1Definition of test market food#

For the purposes of section 174, test market food means a food that,

(a)prior to being subject to an exemption referred to in subsection 174(1), was not sold in Canada in its current form; and

(b)differs substantially from any other food sold in Canada with respect to its composition, function, condition or packaging form.

^note

174Application for exemption — test market food or shortage in supply#

(1)Any person may apply, in a form approved by the President, for an exemption from the application of a provision of the Act or these Regulations for the purpose of selling a test market food or for alleviating a shortage in Canada in the available supply of a food that is manufactured, processed or produced in Canada.

(2)The Minister may, in writing, grant the exemption if

(a)the information submitted in the application for the exemption is complete, truthful and not misleading;

(b)the food in respect of which the application for the exemption is made meets the requirements that are set out in paragraphs 8(1)(a) to (d);

(c)the Minister is of the opinion that no risk of injury to human health will result;

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

(i)confuse or mislead the public, or

(ii)disrupt the normal trading patterns of the industry or the normal food pricing patterns; and

(e)in the case of an application for an exemption for the purpose of alleviating a shortage in Canada in the available supply of a food that is manufactured, processed or produced in Canada, the exemption is necessary to alleviate that shortage.

^note

175Application for exemption — inspection legend#

(1)The holder of a licence to slaughter food animals and to process meat products may apply, in a form approved by the President, for an exemption from the application of section 151 in respect of a carcass or carcass side.

(2)The Minister may, in writing, grant the exemption if

(a)the information submitted in the application for the exemption is complete, truthful and not misleading;

(b)the licence holder has established procedures

(i)for processing the carcass or carcass side within the establishment where the food animal was slaughtered, and

(ii)for identifying the carcass or carcass side to allow it to be linked with any edible meat products derived from it and for the keeping of documents to allow for this linkage;

(c)the Minister is of the opinion that no risk of injury to human health will result; and

(d)the Minister is of the opinion that no risk of harm to interprovincial trade or export will result.

(3)The exemption granted under subsection (2) is subject to the following conditions:

(a)the carcass or carcass side must be processed within the establishment where the food animal was slaughtered; and

(b)the carcass or carcass side must be identified to allow it to be linked with any edible meat products derived from it and documents must be kept to allow for this linkage.

176Additional conditions#

The Minister may, at any time, make any exemption referred to in subsection 174(2) or 175(2) subject to conditions.

177Period of validity#

An exemption referred to in subsection 174(2) or 175(2) is valid until the expiry date that is specified in the exemption or, if no date is specified, until the end of the period that is two years after the day on which the exemption is granted.

178Cancellation#

The Minister may cancel an exemption if

(a)the Minister is of the opinion that to not cancel the exemption may result in a risk of injury to human health;

(b)in the case of an exemption referred to in subsection 175(2), the Minister is of the opinion that to not cancel the exemption may result in a risk of harm to interprovincial trade or export; or

(c)the person who has been granted the exemption does not comply with any condition to which the exemption is subject or any provision of the Act or these Regulations other than a provision in respect of which the exemption is granted.

Part 9 · Inspection Legends

179Definition of inspection mark in Act#

The inspection legends that are set out in Figures 1 and 2 of Schedule 2 are prescribed for the purposes of the definition inspection mark in section 2 of the Act.

180Edible meat products — Figure 1 of Schedule 2#

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

(a)the meat product was manufactured, processed, treated, preserved, packaged or labelled by the licence holder in accordance with the provisions of the Act and these Regulations;

(b)in the case where any meat product that it contains was manufactured, processed, treated, preserved, packaged or labelled in Canada, that activity was conducted by a licence holder in accordance with the provisions of the Act and these Regulations;

(c)in the case where the meat product is a livestock carcass or poultry carcass that was graded in Canada, or is derived from such a carcass, that activity was conducted by a grader in accordance with these Regulations;

(d)in the case where any meat product that it contains was imported, it was imported by a licence holder in accordance with the provisions of the Act and these Regulations;

(e)in the case where the meat product, or any meat product that it contains, is derived from food animals that were slaughtered in Canada, the food animals were slaughtered by a licence holder in accordance with the provisions of the Act and these Regulations;

(f)the meat product complies with the standards that are set out in Volume 7 of the Standards of Identity Document and meets the requirements that are set out in paragraphs 8(1)(a) to (d) and in Division 7 of Part 6; and

(g)the inspection legend is applied or used in an establishment that is identified in the licence holder’s licence, unless the meat product is intended to be exported and the inspection legend is applied to the conveyance or used in connection with the conveyance in which the meat product is exported.

(2)A licence holder or an inspector is authorized to apply the inspection legend that is set out in Figure 2 of Schedule 2 to, and use it in connection with, an edible prepackaged meat product if the conditions set out in subsection (1) are met and the container of the meat product

(a)is a hermetically sealed package that is labelled in a legible and permanent manner so as to make it possible to identify the establishment that is identified in the licence holder’s licence;

(b)is a casing or bag that is closed by a clip, if the number identifying the licence holder’s establishment is legibly engraved on the clip and is visible when the clip is closed; or

(c)bears the number identifying the licence holder’s establishment on the label except if it is shown on any part of the label that is applied or attached to the bottom of the container.

(3)In the case of the export of a meat product under subsection 16(1), the requirements of subsections (1) and (2) must be met except any requirement that is set out in paragraph (1)(f) in the case where it is the unmet requirement referred to in subsection 16(1).

(4)Despite paragraph (1)(f), a licence holder is authorized to apply, after the post-mortem inspection or examination and before refrigeration, in the manner set out in paragraph 151(a) or (b), the inspection legend set out in Figure 1 of Schedule 2 to a dressed beef carcass side containing dorsal root ganglia if the carcass side has been clearly marked to identify it as containing dorsal root ganglia. The dorsal root ganglia must be removed from the carcass side before any meat product derived from it is identified as edible.

181Processed egg products#

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

(a)the processed egg product was manufactured, processed, treated, preserved, packaged or labelled by the licence holder in accordance with the provisions of the Act and these Regulations;

(b)if the processed egg product or any processed egg product that it contains was manufactured, processed, treated, preserved, packaged or labelled in Canada, that activity was conducted by a licence holder in accordance with the provisions of the Act and these Regulations;

(c)if the eggs from which the processed egg product is derived were processed, treated, preserved, graded, packaged or labelled in Canada, that activity was conducted by a licence holder in accordance with the provisions of the Act and these Regulations;

(d)the processed egg product complies with the standards that are set out in Volume 2 of the Standards of Identity Document and meets the requirements that are set out in paragraphs 8(1)(a) to (d) and in Division 4 of Part 6; and

(e)the inspection legend is applied or used in an establishment that is identified in the licence holder’s licence.

182Fish#

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

(a)the fish was manufactured, processed, treated or preserved by the licence holder in accordance with the provisions of the Act and these Regulations;

(b)if the fish or any fish that it contains was manufactured, processed, treated, preserved, graded, packaged or labelled in Canada, that activity was conducted by a licence holder in accordance with the provisions of the Act and these Regulations; and

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

^note

183Number identifying establishment#

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

184Authorized use#

(1)The following persons are authorized to use the inspection legends that are set out in Figures 1 and 2 of Schedule 2:

(a)printers of labels, other than printers of official export labels, and manufacturers of packages, if the labels and packages that bear the inspection legend are provided to any person who is authorized under any of sections 180 to 182 to apply and use the inspection legend;

(b)printers of official export labels, if the labels that bear the inspection legend are provided to an inspector;

(c)publishers of documents on the subject of the inspection of meat products, processed egg products or fish;

(d)publishers of documents that advertise meat products, processed egg products or fish; and

(e)manufacturers of stamps, if the stamps that bear the inspection legend are provided to any person who is authorized under any of sections 180 to 182 to apply and use the inspection legend.

(2)Any person who is authorized under subsection (1) to use an inspection legend is also authorized to advertise the labels, packages, documents and stamps, as the case may be, which bear the inspection legend and to sell them.

185Advertising and sale of certain foods#

Any person is authorized to advertise and sell a meat product, prepackaged processed egg product or prepackaged fish to which an inspection legend has been applied or in connection with which an inspection legend is used, if the inspection legend was applied or is used in accordance with these Regulations. This includes using an inspection legend set out in Figures 1 and 2 of Schedule 2 for advertising the meat product, prepackaged processed egg product or prepackaged fish.

185.1Inspection legend used as label#

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

Part 10 · Packaging

Division 1 — General

186Requirements for packages#

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

(a)its package

(i)must be suitable for its intended use and appropriate for the food,

(ii)must be capable of protecting the food against moisture, loss, damage, contamination and deterioration during normal handling, storing and conveying,

(iii)must be clean and in a sanitary condition,

(iv)must be of sound construction,

(v)must be free from odours that might affect the food,

(vi)must not impart any undesirable substance to the food,

(vii)must not have a design or mark, or be of a colour, that enhances the appearance of the food with respect to its quality or composition, and

(viii)must be new, in the case of

(A)a liner that is used in connection with a processed egg product,

(B)a package of a processed egg product, if the package is made of corrugated fibreboard,

(C)an egg carton of eggs that are graded in accordance with these Regulations, and

(D)a tray of eggs that are graded Canada A or Canada B that is made of molded pulp;

(b)in the case of a processed egg product, its package must, if it has previously been used and is not constructed of corrosion-resistant material, be lined with a sanitary plastic or equivalent liner;

(c)in the case of eggs that are graded in accordance with these Regulations, its package must, if it is a plastic tray that has previously been used, be sanitized and dry before reuse; and

(d)in the case of eggs that are graded Canada A or Canada B, its package must not have previously been used to package ungraded eggs or eggs that are graded Canada Nest Run.

Division 2 — Standard Container Sizes

187Application#

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

188Size corresponding to net quantity#

(1)The container of a prepackaged food, including a hermetically sealed food container listed in the Standard Container Sizes Document, must be of a size that corresponds to a net quantity by weight or volume or of a maximum capacity by net weight, as the case may be, that is set out in that document and, if the hermetically sealed container is made of metal, it must be of the dimensions that correspond to the net quantity by volume that is set out in that document.

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

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

(a)manufactured, prepared, produced, packaged or labelled for use by commercial or industrial enterprises or institutions without being sold by them as a consumer prepackaged food;

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

(c)distributed to one or more persons for no consideration.

^note