椋熷搧鏍囩鍜屽箍鍛婂熀鏈姹傜畝浠?椋熷搧鏍囩鍜屽箍鍛婃寚鍗楃涓€绔?(Introduction of guide to Food Labelling Requirements)

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銆€銆€Chapter 1 - Introduction

銆€銆€1.1 Reason for the Guide

銆€銆€The Guide provides information on food labelling and advertising requirements as well as policies which apply to statements and claims made for foods, including alcoholic beverages. As such, it is a tool to assist industry in compliance with legislation and consumer protection. Food claims which adhere to the guidelines set out in this document are considered to comply with the provisions set out in the Food and Drugs Act 锛團DA锛 and the Food and Drug Regulations 锛團DR锛夛紝 the Consumer Packaging and Labelling Act 锛圕PLA锛 and Regulations 锛圕PLR锛 and other relevant legislation.

銆€銆€Where it has been established that inequity or economic fraud has arisen when a segment of the food industry fails to adhere with these guidelines, the Canadian Food Inspection Agency will take steps designed to bring about national compliance.

銆€銆€Note: The framework set out in this Guide to Food Labelling and Advertising 锛圙uide锛 specifically applies to foods imported into, manufactured in and/or sold in Canada. The policies do not apply to foods destined solely for export unless otherwise indicated.

銆€銆€1.2 Legislative Framework: Key Acts and Regulations

銆€銆€In this Guide, references to the Food and Drug Regulations appear between square brackets, for example, [B.01.001]. When references to other legislation are made, the abbreviated name of the Act or Regulations will follow the reference, for example, [2, CPLR]. For the abbreviations used to represent various pieces of legislation, refer to the Glossary.

銆€銆€1.2.1 The Food and Drugs Act and the Food and Drug Regulations

銆€銆€Subsection 5.锛?锛 of the Food and Drugs Act 锛團DA锛 prohibits the labelling, packaging, treating, processing, selling or advertising of any food 锛坅t all levels of trade锛 in a manner that is false, misleading or deceptive to consumers or is likely to create an erroneous message regarding the character, value, quantity, composition, merit or safety of the product. Subsections 3锛?锛 and 锛?锛 prohibit health claims that might suggest that a food is a treatment, preventative or cure for specified diseases or health conditions, unless provided for in the regulations.

銆€銆€A food that does not meet the requirements of the Regulations is in violation of the Act:

銆€銆€An article of food that is not labelled or packaged as required by, or is labelled or packaged contrary to, the regulations shall be deemed to be labelled or packaged contrary to subsection 锛?锛 [5锛?锛夛紝 FDA].

銆€銆€The Food and Drug Regulations 锛團DR锛夛紝 as they apply to food, prescribe, among other things, the labelling of all prepackaged foods, including requirements for ingredient labelling, nutrition labelling, durable life dates, nutrient content claims, health claims and foods for special dietary use. It also sets out bilingual labelling requirements.

銆€銆€1.2.2 The Consumer Packaging and Labelling Act

銆€銆€The Consumer Packaging and Labelling Act 锛圕PLA锛 provides for a uniform method of labelling and packaging of prepackaged consumer goods 锛坧roducts sold at retail锛夈€ It contains provisions regarding prevention of fraud and provides for mandatory label information with which consumers can make informed choices. It also requires the use of metric units of measurement and bilingual labelling.

銆€銆€No dealer shall apply to any prepackaged product or sell, import into Canada or advertise any prepackaged product that has applied to it a label that contains any false or misleading representation relating to or that may reasonably be regarded as relating to that product [7锛?锛夛紝 CPLA].

銆€銆€No dealer shall, in advertising any prepackaged product, make any representation as to net quantity except in accordance with this Act and the Regulations [5, CPLA].

銆€銆€1.2.3 Definitions: The Food and Drugs Act and the Consumer Packaging and Labelling Act

銆€銆€The following excerpts from the Food and Drugs Act 锛團DA锛 and Consumer Packaging and Labelling Act 锛圕PLA锛 are important in regard to food advertising and labelling. It should be noted that the definition of a term can vary from one piece of legislation to another. Therefore, care is needed to ensure the applicable definition is used.

銆€銆€"Advertise means to make any representation to the public by any means whatever, other than a label, for the purpose of promoting directly or indirectly the sale of a product…" 锛?, CPLA锛夈€侟/p>

銆€銆€"Advertisement includes any representation by any means whatever for the purpose of promoting directly or indirectly the sale or disposal of any food…" 锛?, FDA锛夈€侟/p>

銆€銆€"Distributor " - see "manufacturer"

銆€銆€"Label includes any legend, word or mark attached to, included in, belonging to or accompanying any food…" 锛?, FDA锛夈€侟/p>

銆€銆€"Label means any label, mark, sign, device, imprint, stamp, brand, ticket or tag…" 锛?, CPLA锛夈€侟/p>

銆€銆€"Manufacturer" or "distributor" means a person, including an association or partnership, who under their own name, or under a trade-, design or word mark, trade name or other name, word or mark controlled by them, sells a food… 锛圓.01.010锛夈€侟/p>

銆€銆€"Prepackaged product means any product that is packaged in a container in such a manner that it is ordinarily sold to or used or purchased by a consumer without being re-packaged…" 锛?, CPLA锛夈€侟/p>

銆€銆€"Prepackaged product means any food that is contained in a package in the manner in which it is ordinarily sold to or used or purchased by a person…" 锛圔.01.001锛堻/p>

銆€銆€"Sell includes offer for sale, expose for sale, have in possession for sale and distribute, whether or not the distribution is made for consideration…" 锛?, FDA锛夈€侟/p>

銆€銆€"Sell includes:

銆€銆€offer for sale, expose for sale and have in possession for sale, and

銆€銆€display in such manner as to lead to a reasonable belief that the substance or product so displayed is intended for sale" 锛?, CPLA锛夈€侟/p>

銆€銆€1.2.4 Relevant Legislation Administered by the CFIA

銆€銆€Other legislation may impose requirements on the advertising and labelling of food in addition to those imposed by the Food and Drugs Act 锛團DA锛 and Food and Drug Regulations 锛團DR锛 and the Consumer Packaging and Labelling Act 锛圕PLA锛 and Regulations 锛圕PLR锛夈€ There are many federal and provincial acts and regulations that pertain to agricultural practices and to the production, manufacture, composition, packaging, labelling, grading, marketing, storage, advertising, importation and exportation of food products. See section 1.6 of this Guide.

銆€銆€At the federal level, these include:

銆€銆€the Canada Agricultural Products Act 锛圕APA锛 and Regulations 锛圕APR锛堻/p>

銆€銆€the Meat Inspection Act 锛圡IA锛 and Regulations, 1990 锛圡IR, 1990锛堻/p>

銆€銆€the Fish Inspection Act 锛團IA锛 and Regulations 锛團IR锛堻/p>

銆€銆€The above legislation applies to federally registered or licensed plants. The Canadian Agricultural Products Act 锛圕APA锛 is a trade and commerce act with regulations pertaining to dairy products, eggs, processed eggs, fresh fruit and vegetables, honey, livestock and poultry carcass grading, maple products, and processed products 锛坧rocessed fruit and vegetables锛夈€ The Fish Inspection Act and the Meat Inspection Act apply to fish and fish products and meat and meat products respectively, which are marketed through import, export and interprovincial trade. More information may be obtained through the CFIA website at:http://www.inspection.gc.ca.

銆€銆€1.3 Other Relevant Federal Legislation

銆€銆€Other federal legislation may also have to be considered, such as:

銆€銆€the Competition Act

銆€銆€the Trade-marks Act

銆€銆€the Radio and Television Broadcasting Regulations under the Broadcasting Act

銆€銆€The Competition Act and the Trade-marks Act are both administered by Industry Canada. A Guide to Trade-marks is available through the Canadian Intellectual Property Office's 锛圕IPO锛 website.

銆€銆€The Radio and Television Broadcasting Regulations under the Broadcasting Act are administered by the Canadian Radio-television and Telecommunications Commission 锛圕RTC锛夈€ 锛團or more information, see Chapter 3 of this Guide.锛堻/p>

銆€銆€Other legislation, such as the Weights and Measures Act and Regulations, can be relevant in some instances. 锛團or a reference to the Weights and Measures Act and Regulations, see section 2.6 and section 2.15 of this Guide, Net Quantity, and Labels of Shipping Containers.锛堻/p>

銆€銆€1.3.1 The Broadcasting Act

銆€銆€Broadcast advertising of alcoholic beverages is subject to the Radio and Television Broadcasting Regulations under the Broadcasting Act which require compliance with the Code for Broadcast Advertising of Alcoholic Beverages, revised February 1, 1997. Commercial messages must not be designed to promote the general consumption of alcoholic beverages. 锛圫ee section 1.5.2 of this Guide.锛堻/p>

銆€銆€1.4 Purpose of Food Labelling

銆€銆€The food label is one of the most important and direct means of communicating product information between buyers and sellers. It is one of the primary means by which consumers differentiate between individual foods and brands to make informed purchasing choices.

銆€銆€A label serves three primary functions:

銆€銆€it provides basic product information 锛坕ncluding common name, list of ingredients, net quantity, durable life date, grade/quality, country of origin and name and address of manufacturer, dealer or importer锛夛紱

銆€銆€it provides health, safety, and nutrition information. This includes instructions for safe storage and handling, nutrition information such as the quantity of fats, proteins, carbohydrates, vitamins and minerals present per serving of stated size of the food 锛坕n the Nutrition Facts table锛夛紝 and specific information on products for special dietary use;

銆€銆€it acts as a vehicle for food marketing, promotion and advertising 锛坴ia label vignettes, promotional information and label claims such as low fat, cholesterol-free, high source of fibre, product of Canada, natural, organic, no preservatives added, and so on锛夈€侟/p>

銆€銆€1.4.1 Canadian Federal Food Labelling Responsibility

銆€銆€Federal responsibility for development of Canadian food labelling requirements is shared among two federal departments, Health Canada and the Canadian Food Inspection Agency 锛圕FIA锛夈€侟/p>

銆€銆€Health Canada

銆€銆€Health Canada is responsible, under the Food and Drugs Act 锛團DA锛夛紝 for the establishment of policies and standards relating to the health, safety, and nutritional quality of food sold in Canada.

銆€銆€Canadian Food Inspection Agency

銆€銆€The Canadian Food Inspection Agency 锛圕FIA锛 is responsible for the administration of food labelling policies related to misrepresentation and fraud in respect to food labelling, packaging and advertising, and the general agri-food and fish labelling provisions respecting grade, quality and composition specified in the Canada Agricultural Products Act 锛圕APA锛夛紝 the Meat Inspection Act 锛圡IA锛 and the Fish Inspection Act 锛團IA锛夈€ In addition, the CFIA has responsibility for the administration of the food-related provisions of the Consumer Packaging and Labelling Act 锛圕PLA锛夛紝 including basic food label information, net quantity, metrication and bilingual labelling.

銆€銆€The CFIA is responsible for the enforcement of all of the above requirements.

銆€銆€1.4.2 CFIA's Food Labelling Information Service

銆€銆€The CFIA Food Labelling Information Service consolidates and coordinates voluntary federal food label reviews. This service is particularly directed to facilitating market entry for new businesses. 锛團or contact information, see section 1.6 of this Guide, Canadian Food Inspection Agency Food Labelling Information Service锛夈€侟/p>

銆€銆€1.4.3 CFIA's Label Registration Unit

銆€銆€Certain food labels must be registered by the CFIA Process, Formulation and Label Registration Unit.

銆€銆€1. Labels originating from federally registered Canadian meat, poultry and processed fruit and vegetable establishments require label registration as follows:

銆€銆€from Canadian federally registered meat and poultry establishments:

銆€銆€all labels intended for prepackaged products of prepared edible meat products for domestic sale, except:

銆€銆€meat products exempted under paragraph 3锛?锛夛紙i锛 of the Meat Inspection Regulations,

銆€銆€salted Kosher meat, and

銆€銆€salted casings; and

銆€銆€all labels for single ingredient meat and poultry where an animal production claim is made such as organic, vegetable grain fed - no animal by-products or raised without antibiotics.

銆€銆€from Canadian federally registered establishments processing fruit and vegetable products:

銆€銆€all labels intended for prepackaged products where grades, standards of identity and/or prescribed container sizes exist in the Processed Products Regulations.

銆€銆€2. Labels originating from foreign meat, poultry and processed fruit and vegetable establishments require label registration as follows:

銆€銆€from foreign establishments authorized to export meat products to Canada:

銆€銆€same as from Canadian registered establishments; and

銆€銆€all labels intended for prepackaged products of single ingredient edible meat products intended to be sold directly to consumers at the retail level in Canada.

銆€銆€from foreign establishments wishing to import regulated processed fruit and vegetable products into Canada in larger than the largest 锛圠TL锛 container sizes.

銆€銆€Submission of registration requests:

銆€銆€Label registration requests are to be submitted using form CFIA/ACIA 1478 accompanied by the appropriate number of labels and recipes. This form is available on the CFIA website. Consult the CFIA Fees Notice to determine whether a fee is applicable for your product.

銆€銆€Mail completed registration forms to:

銆€銆€Clerk

銆€銆€Label and Recipe Registration Unit

銆€銆€Canadian Food Inspection Agency

銆€銆€1431 Merivale Road

銆€銆€Ottawa, Ontario

銆€銆€K1A 0Y9

銆€銆€1.5 Food Advertising Responsibilities

銆€銆€All advertising for food, including alcoholic beverages, is subject to the Food and Drugs Act and the Food and Drug Regulations and the Consumer Packaging and Labelling Act and Regulations. 锛圫ee Chapter 3 of this Guide.锛堻/p>

銆€銆€1.5.1 Radio and Television Advertising for Food

銆€銆€The Code of Ethics of the Canadian Association of Broadcasters states no commercial message containing a claim or endorsement of a food or non-alcoholic beverage to which the Food and Drugs Act and Regulations apply may be broadcast unless the script for the commercial message or endorsement has been approved by the Food and Beverage Clearance Section of Advertising Standards Canada 锛圓SC锛 and carries a current script clearance number. 锛圥lease refer to section 3.14 of this Guide.锛堻/p>

銆€銆€Advertisements are reviewed using criteria in the Food and Drugs Act and Regulations and other related explanatory documents. Information on the procedure for submitting scripts to ASC is found in section 3.14 of this Guide.

銆€銆€1.5.2 Radio and Television Advertising for Alcoholic Beverages

銆€銆€Radio and television advertising for alcoholic beverages is regulated under the Radio and Television Broadcasting Regulations under the Broadcasting Act. Broadcasters must adhere to the Code for Broadcast Advertising of Alcoholic Beverages to maintain a Canadian Radio-Television and Telecommunication Commission 锛圕RTC锛 licence. In response to a request from the alcoholic beverage advertisers and the broadcasters, Advertising Standards Canada 锛圓SC锛 has established the Alcoholic Beverage Advertising Clearance Section to review and assign a clearance approval number to advertising copy. 锛圫ee section 3.14 of this Guide.锛堻/p>

銆€銆€1.5.3 Print Advertising for Food and Alcoholic Beverages

銆€銆€There is currently no mandatory federal requirement for the review of print advertising for food and alcoholic beverages. Print ads, however, may be voluntarily submitted for review to any one of the offices of the Canadian Food Inspection Agency's Food Labelling Information Service. 锛圫ee section 1.6 of this Guide.锛堻/p>

銆€銆€1.5.4 Provincial Jurisdiction for Alcoholic Beverage Advertising

銆€銆€Some provincial liquor boards have criteria for print advertising. It would therefore be advisable to verify this issue with the provincial liquor board of the province锛坰锛 where the promotion of alcoholic beverages will take place, to ascertain whether the print advertising must meet provincial requirements.

銆€銆€See Chapter 10 of this Guide, Guide to the Labelling of Alcoholic Beverages, for the Addresses of Provincial and Territorial Liquor Boards.

銆€銆€1.5.5 Internet Advertising and the World Wide Web

銆€銆€Canada considers information available through the Internet as advertising and as such, it is subject to the same criteria as other advertising.

銆€銆€1.6 Sources of Additional Information on Labelling and Claims

銆€銆€The following acts and regulations are available on the Department of Justice Website at:http://canada.justice.gc.ca

銆€銆€the Food and Drugs Act and the Food and Drug Regulations [H41-1-2001 French 锛團锛?nbsp;or English 锛圗锛塢;

銆€銆€the Consumer Packaging and Labelling Act 锛圷X55-1985-C-38锛夛紱

銆€銆€the Consumer Packaging and Labelling Regulations 锛圧E910锛夛紱

銆€銆€the Canada Agricultural Products Act;

銆€銆€the Meat Inspection Act;

銆€銆€the Fish Inspection Act;

銆€銆€the Competition Act;

銆€銆€the Trade-marks Act.

銆€銆€Office consolidations are available from Canadian Government Publishing at the address indicated below:

銆€銆€Canadian Government Publishing

銆€銆€Communication Canada

銆€銆€Ottawa, Ontario K1A 0S9

銆€銆€Telephone: 613-941-5995 or 1-800-635-7943

銆€銆€Facsimile: 613-954-5779 or 1-800-565-7757

銆€銆€Canadian Food Inspection Agency Food Labelling Information Service

銆€銆€Additional information on labelling and claims is available from offices of the Canadian Food Inspection Agency.

銆€銆€British Columbia

銆€銆€Canadian Food Inspection Agency

銆€銆€400-4321 Still Creek Avenue

銆€銆€Burnaby, British Columbia V5C 6S7

銆€銆€Telephone: 604-666-6513

銆€銆€Facsimile: 604-666-1261

銆€銆€Canadian Food Inspection Agency

銆€銆€1853 Bredin Road

銆€銆€Kelowna, British Columbia V1Y 7S9

銆€銆€Telephone: 250-470-4884

銆€銆€Fax: 250-470-4899

銆€銆€Canadian Food Inspection Agency

銆€銆€103-4475 Viewmont Avenue

銆€銆€Victoria, British Columbia V8Z 6L8

銆€銆€Telephone: 250-363-3455

銆€銆€Facsimile: 250-363-0336

銆€銆€Alberta

銆€銆€Canadian Food Inspection Agency

銆€銆€7000 - 113 Street, Room 205

銆€銆€Edmonton, Alberta T6H 5T6

銆€銆€Telephone: 780-495-3333

銆€銆€Facsimile: 780-495-3359

銆€銆€Canadian Food Inspection Agency

銆€銆€110 Country Hills Landing NW, Suite 202

銆€銆€Calgary, Alberta T3K 5P3

銆€銆€Telephone: 403-292-4650

銆€銆€Facsimile: 403-292-5692

銆€銆€Saskatchewan

銆€銆€Canadian Food Inspection Agency

銆€銆€301-421 Downey Road

銆€銆€Saskatoon, Saskatchewan S7N 4L8

銆€銆€Telephone: 306-975-8904

銆€銆€Facsimile: 306-975-4339

銆€銆€Manitoba

銆€銆€Canadian Food Inspection Agency

銆€銆€269 Main Street, Room 613

銆€銆€Winnipeg, Manitoba R3C 1B2

銆€銆€Telephone: 204-983-2220

銆€銆€Facsimile: 204-984-6008

銆€銆€Ontario

銆€銆€Telephone: 1-800-667-2657 e-mail:labelwindow@inspection.gc.ca

銆€銆€Central Region: Canadian Food Inspection Agency

銆€銆€709 Main Street West

銆€銆€Hamilton, Ontario L8S 1A2

銆€銆€Telephone: 905-572-2201

銆€銆€Facsimile: 905-572-2197

銆€銆€Northeast Region: Canadian Food Inspection Agency

銆€銆€38 Auriga Drive, Unit 8

銆€銆€Ottawa, Ontario K2E 8A5

銆€銆€Telephone: 613-274-7374

銆€銆€Fax 613-274-7380

銆€銆€Canadian Food Inspection Agency

銆€銆€145 Renfrew Drive, Unit 160

銆€銆€Markham, Ontario L3R 9R6

銆€銆€Telephone: 905-513-5977

銆€銆€Facsimile: 905-513-5971

銆€銆€Toronto Region: Canadian Food Inspection Agency

銆€銆€1124 Finch Avenue West, Unit 2

銆€銆€Downsview, Ontario M3J 2E2

銆€銆€Telephone: 416-665-5055

銆€銆€Facsimile: 416-665-5069

銆€銆€Southwest Region: Canadian Food Inspection Agency

銆€銆€1200 Commissioners Road East, # 19

銆€銆€London, Ontario N5Z 4R3

銆€銆€Telephone: 519-691-1300

銆€銆€Facsimile: 519-691-0148

銆€銆€Quebec

銆€銆€All non-mandatory label reviews originating in Québec should go to the Trois-Rivières office:

銆€銆€Canadian Food Inspection Agency

銆€銆€25 des Forges Road, Suite 418

銆€銆€Trois-Rivières, Quebec G9A 6A7

銆€銆€Telephone: 819-371-5207

銆€銆€Facsimile: 819-371-5268

銆€銆€Canadian Food Inspection Agency

銆€銆€Carillon Place II

銆€銆€7101 Jean Talon Street East, Suite 600

銆€銆€Anjou, Quebec H1M 3N7

銆€銆€Telephone: 514-493-8859

銆€銆€Facsimile: 514-493-9965

銆€銆€Canadian Food Inspection Agency

銆€銆€Place Iberville IV

銆€銆€Suite 100, 2954 Laurier Boulevard

銆€銆€Ste-Foy Quebec

銆€銆€G1V 5C7

銆€銆€Telephone: 418-648-7373

銆€銆€Facsimile: 418-648-4792

銆€銆€Nova Scotia

銆€銆€Canadian Food Inspection Agency

銆€銆€1992 Agency Drive

銆€銆€Dartmouth, Nova Scotia B3B 1Y9

銆€銆€Telephone: 902-426-2110

銆€銆€Facsimile: 902-426-4844

銆€銆€New Brunswick

銆€銆€Canadian Food Inspection Agency

銆€銆€850 Lincoln Road

銆€銆€P.O. Box 2222

銆€銆€Fredericton, New Brunswick E3B 5G4

銆€銆€Telephone: 506-452-4964

銆€銆€Facsimile: 506-452-3923

銆€銆€Prince Edward Island

銆€銆€Canadian Food Inspection Agency

銆€銆€690 University Avenue

銆€銆€Charlottetown, Prince Edward Island C1E 1E3

銆€銆€Telephone: 902-566-7290

銆€銆€Facsimile: 902-566-7334

銆€銆€Newfoundland

銆€銆€Canadian Food Inspection Agency

銆€銆€Northwest Atlantic Fisheries Centre

銆€銆€P.O. Box 5667

銆€銆€St. John's, Newfoundland A1C 5X1

銆€銆€Telephone: 709-772-8912

銆€銆€Facsimile: 709-772-5100