Food and Drug Regulations (C.R.C., c. 870)

Regulations are current to 2016-08-15 and last amended on 2016-06-14. Previous Versions

DIVISION 2Mineral Nutrients in Foods

  •  (1) In this Division, mineral nutrient means any of the following chemical elements, whether alone or in a compound with one or more other chemical elements:

  • (2) This Division applies only in respect of foods that are represented as containing a mineral nutrient for use in human nutrition.

  • SOR/88-559, s. 34;
  • SOR/90-830, s. 9(F).
  •  (1) No person shall, on the label of or in any advertisement for a food, other than salt for table or general household use containing added iodide, prepackaged water and ice, a formulated liquid diet, a human milk substitute or a food represented as containing a human milk substitute, make a statement or claim concerning the mineral nutrient content of the food unless

    • (a) the mineral nutrient is set out in column I of Table I to this Division;

    • (b) the percentage of the recommended daily intake of the mineral nutrient, per serving of stated size, is 5% or more; and

    • (c) the mineral nutrient content is declared on the label or in the advertisement as a percentage of the daily value, per serving of stated size.

  • (2) If a statement or claim described in subsection (1) is made in an advertisement for a food that is not a prepackaged product or in an advertisement for a prepackaged product that is not made or placed by or on the direction of the manufacturer of the product, the percentage of the daily value, per serving of stated size, shall,

    • (a) in the case of an advertisement, other than a radio or television advertisement, be

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

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

    • (b) in the case of a radio advertisement or the audio portion of a television advertisement, immediately precede or follow the statement or claim; or

    • (c) in the case of a television advertisement, be communicated

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

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

  • (3) The percentage of the daily value, per serving of stated size, that is communicated in the visual mode of a television advertisement in accordance with subparagraph (2)(c)(ii) shall

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

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

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

  • (4) Subsection (1) does not apply to a statement or claim made in respect of the sodium or potassium content.

  • (5) Paragraphs (1)(a) and (c) do not apply in respect of a declaration of the total fluoride ion content as required by sections B.12.002 and B.12.008.

  • (6) Paragraph (1)(b) does not apply in respect of a declaration of the mineral nutrient content in a nutrition facts table.

  • (7) Paragraph (1)(c) does not apply in respect of a declaration of the chromium, copper, manganese, molybdenum and selenium content as required by subparagraph B.24.202(a)(v).

  • SOR/84-300, s. 60(E);
  • SOR/88-559, s. 34;
  • SOR/90-830, s. 10;
  • SOR/96-259, s. 9;
  • SOR/2003-11, s. 34.

 [Repealed, SOR/2003-11, s. 34]

 No person shall, on the label of or in any advertisement for a food, make any claim concerning the action or effects of a mineral nutrient contained in the food, except to the effect that the mineral nutrient

  • (a) is a factor in the maintenance of good health; and

  • (b) is generally recognized as an aid in maintaining the functions of the body necessary to the maintenance of good health and normal growth and development.

  • SOR/84-300, s. 61(E);
  • SOR/88-559, s. 34.
  •  (1) If a component of an ingredient of a prepackaged product set out in the table to subsection B.01.009(1) is a mineral nutrient, no person shall, on the label of or in any advertisement for the prepackaged product, make a statement or claim concerning the mineral nutrient as a component of that ingredient unless

    • (a) despite subsection B.01.008(6), the mineral nutrient is declared by its common name, and that common name is shown immediately after the ingredient in such a manner as to indicate that the mineral nutrient is a component of that ingredient, except that if a source of a food allergen or gluten is required by paragraph B.01.010.1(8)(a) to be shown immediately after that ingredient, the common name of the mineral nutrient is instead shown immediately after that source; and

    • (b) all components of the ingredient are declared.

  • (2) Paragraph (1)(b) does not apply to flour used as an ingredient in the manufacture of a prepackaged product referred to in subsection (1).

  • SOR/88-559, s. 34;
  • SOR/2003-11, s. 35;
  • SOR/2011-28, s. 8.

 [Repealed, SOR/2003-11, s. 35]

 [Repealed, SOR/88-559, s. 34]

 No person shall, in advertising a food that is represented as containing a mineral nutrient or on a label of such food,

  • (a) give any assurance or guarantee of any kind with respect to the result that may be, has been or will be obtained by the addition of the mineral nutrient to a person’s diet; or

  • (b) refer to, reproduce or quote any testimonial.

 No person shall sell a food to which any of the following mineral nutrients have been added unless a reasonable daily intake of that food by a person would result in the daily intake by such person of not less than,

  • (a) in the case of calcium, 300 milligrams;

  • (b) in the case of phosphorus, 300 milligrams;

  • (c) in the case of iron, four milligrams; and

  • (d) in the case of iodine, 0.10 milligram.

 
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