Regulations Amending the Food and Drug Regulations (Nutrition Labelling, Other Labelling Provisions and Food Colours)

 
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ARCHIVED — Vol. 150, No. 25 — December 14, 2016

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SOR/2016-305 December 2, 2016

FOOD AND DRUGS ACT

Regulations Amending the Food and Drug Regulations (Nutrition Labelling, Other Labelling Provisions and Food Colours)

P.C. 2016-1080 December 2, 2016

His Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to subsections 30(1) (see footnote a) and 30.5(1) (see footnote b) of the Food and Drugs Act (see footnote c), makes the annexed Regulations Amending the Food and Drug Regulations (Nutrition Labelling, Other Labelling Provisions and Food Colours).

Regulations Amending the Food and Drug Regulations (Nutrition Labelling, Other Labelling Provisions and Food Colours)

Amendments

1 (1) The definitions recommended daily intake and reference standard in subsection B.01.001(1) of the Food and Drug Regulations (see footnote 1) are repealed.

(2) The definitions daily value, food colour, reference amount and sweetener in subsection B.01.001(1) of the Regulations are replaced by the following:

daily value means, in respect of a nutrient, the quantity applicable to the nutrient according to subsection B.01.001.1(2); (valeur quotidienne)

food colour means any colouring agent that is referred to in section 2 of the Marketing Authorization for Food Additives That May Be Used as Colouring Agents; (colorant alimentaire)

reference amount means, in respect of a food set out in column 1 of the Table of Reference Amounts, the amount of that food set out in column 2; (quantité de référence)

sweetener means any sweetener that is referred to in section 2 of the Marketing Authorization for Food Additives That May Be Used as Sweeteners; (édulcorant)

(3) Subsection B.01.001(1) of the Regulations is amended by adding the following in alphabetical order:

Directory of NFT Formats means the document entitled Nutrition Labelling – Directory of Nutrition Facts Table Formats published by the Government of Canada on its website, as amended from time to time; (Répertoire des modèles de TVN)

functional substitute for a sweetening agent means, in respect of a prepackaged product, a food — other than any sweetener or sweetening agent, including any sugars — that replaces a sweetening agent and that has one or more of the functions of the sweetening agent including, sweetening, thickening, texturing or caramelizing; (substitut fonctionnel d’un agent édulcorant)

marketing authorization means a marketing authorization issued by the Minister under subsection 30.3(1) of the Act; (autorisation de mise en marché)

mutiple-serving prepackaged product means a prepackaged product other than a single-serving prepackaged product; (produit préemballé à portions multiples)

point means the unit of measurement for type size that is known as a PostScript point and is equal to 0.3527777778 mm; (point)

single-serving prepackaged product means a prepackaged product in respect of which the net quantity of food in the package is the serving of stated size for the food as set out in paragraph B.01.002A(1)(b); (produit préemballé à portion individuelle)

sugars-based ingredient means, in respect of a prepackaged product,

  • (a) an ingredient that is a monosaccharide or disaccharide or a combination of these;
  • (b) an ingredient that is a sweetening agent other than one referred to in paragraph (a); and
  • (c) any other ingredient that contains one or more sugars and that is added to the product as a functional substitute for a sweetening agent; (ingrédient à base de sucres)
  • Table of Daily Values means the document entitled Nutrition Labelling – Table of Daily Values published by the Government of Canada on its website, as amended from time to time; (Tableau des valeurs quotidiennes)

    Table of Reference Amounts means the document entitled Nutrition Labelling – Table of Reference Amounts for Food published by the Government of Canada on its website, as amended from time to time; (Tableau des quantités de référence)

    2 Section B.01.001.1 of the Regulations is replaced by the following:

    B.01.001.1 (1) For the purpose of subsection (2), the term fat used in the Table of Daily Values means all fatty acids expressed as triglycerides.

    (2) The daily value for a nutrient in a food is

    • (a) in the case of a nutrient set out in column 1 of Part 1 of the Table of Daily Values, the quantity
      • (i) set out in column 2, if the food is intended solely for children one year of age or older but less than four years of age, and
      • (ii) set out in column 3, if the food is intended for children one year of age or older but less than four years of age or for children four years of age or older and adults; and
      • (b) in the case of a vitamin or mineral nutrient set out in column 1 of Part 2 of the Table of Daily Values, the quantity
        • (i) set out in column 2, if the food is intended solely for infants six months of age or older but less than one year of age,
        • (ii) set out in column 3, if the food is intended for infants six months of age or older but less than one year of age or for children one year of age or older but less than four years of age, and
        • (iii) set out in column 4, in any other case.
        • (3) Subsection (2) does not apply if the food is a human milk substitute intended solely for infants less than six months of age.

          3 Section B.01.002A of the Regulations is replaced by the following:

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

          • (a) based on the food as offered for sale;
          • (b) in either of the following cases, the net quantity of the food in the package:
            • (i) if the quantity of food in the package can reasonably be consumed by one person at a single eating occasion, or
            • (ii) if the package contains less than 200% of the reference amount for the food; and
            • (c) in all other cases, the amount indicated for the food according to the criteria set out in column 3A of the Table of Reference Amounts.
            • (2) A serving of stated size of a food shall be expressed as follows:

              • (a) in the case of a single-serving prepackaged product to which paragraph (1)(b) applies, per package and using the following units:
                • (i) in grams, if the net quantity of the food is shown on the label by weight or by count, and
                • (ii) in millilitres, if the net quantity of the food is shown on the label by volume; and
                • (b) in the case of a multiple-serving prepackaged product to which paragraph (1)(c) applies, according to the following units set out in column 3B of the Table of Reference Amounts and according to the manner set out in that column:
                  • (i) the household measure that applies to the product, and
                  • (ii) the metric measure that applies to the product.
                  • 4 Subsections B.01.008(3) to (10) of the Regulations are replaced by the following:

                    (3) Despite paragraph (1)(b), the following items are not required to be shown on the label of a prepackaged product:

                    • (a) wax coating compounds and their components, used as an ingredient or component of prepackaged fresh fruit or vegetables;
                    • (b) sausage casings, used as an ingredient or component of prepackaged sausages;
                    • (c) hydrogen, used as an ingredient or component of a prepackaged product if used for hydrogenation purposes; and
                    • (d) components of ingredients of a sandwich, if the sandwich is made with bread.
                    • 5 The Regulations are amended by adding the following after section B.01.008:

                      B.01.008.1 (1) Information appearing on the label of a prepackaged product according to sections B.01.008.2 to B.01.010.4 shall be shown

                      • (a) in a single colour of type that is a visual equivalent of 100% solid black type on a white background or a uniform neutral background with a maximum 5% tint of colour;
                      • (b) in a single standard sans serif font that is not decorative and in a manner that the characters never touch each other or any differentiating feature under subsection B.01.008.2(2);
                      • (c) in type of normal or condensed width that is not scaled down so that the characters take up less space horizontally and, if a nutrition facts table appears on the label, the width of type must be the same as that required for the type used to show the nutrients that appear in the nutrition facts table;
                      • (d) in regular type, subject to paragraph B.01.008.2(1)(b), subparagraph B.01.010.3(1)(a)(ii) and paragraphs B.01.010.3(1)(c) and B.01.010.4(1)(c) and (d); and
                      • (e) in type that is the same height that is not less than 1.1 mm with identical leading of not less than 2.5 mm.
                      • (2) Despite paragraph (1)(a), a list of ingredients appearing on the label of the following prepackaged products is not required to be shown on a white background or a uniform neutral background with a maximum 5% tint of colour:

                        • (a) a prepackaged product that is intended solely for use as an ingredient in the manufacture of other prepackaged products intended for sale to a consumer at the retail level or as an ingredient in the preparation of food by a commercial or industrial enterprise or an institution; and
                        • (b) a prepackaged product that is a ready-to-serve multiple-serving prepackaged product intended solely to be served in a commercial or industrial enterprise or an institution.
                        • (3) Despite paragraph (1)(e), if a nutrition facts table appears on the label of a prepackaged product and the type size of the nutrients shown in the table is not less than 8 points, the information appearing on the label must appear in type that is the same height that is not less than 1.4 mm with identical leading of not less than 3.2 mm.

                          (4) Despite paragraph (1)(e), a title that introduces a list of ingredients, a food allergen source, gluten source and added sulphites statement, as defined in subsection B.01.010.1(1), or a declaration referred to in subsection B.01.010.4(1)...

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