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

• B.01.468 (1) Subject to subsection (2), if a prepackaged product has an available display surface of less than 100 cm² and has a nutrition facts table on its label, the nutrition facts table need only include

  • (a) the serving of stated size;

  • (b) the energy value and, subject to subsection (2), the amount of nutrients referred to in column 1 of items 2 to 15 of the table to section B.01.401 if the amount shown in the nutrition facts table may not be expressed as “0” according to the manner set out in column 4; and

  • (c) the amount of any sugar alcohol, vitamin or mineral nutrient added to the prepackaged product.

• (2) If the label of a prepackaged product, or any advertisement for the product that is made or placed by or on the direction of the manufacturer of the product, contains a representation, express or implied, that includes information that is set out in column 1 of the table to section B.01.401 or B.01.402, that information shall also be in the nutrition facts table.

B.01.469 Despite subsection B.01.401(1), the label of a prepackaged product that has an available display surface of less than 15 cm² need not carry a nutrition facts table.

[B.01.470 to B.01.499 reserved]

Nutrient Content Claims

Interpretation

• B.01.500 (1) The following definitions apply in this section and in the Table of Permitted Nutrient Content Statements and Claims.

  combination foods

  combination foods means the category of food to which belong foods that contain as ingredients foods from more than one food group, or foods from one or more food groups mixed with foods from the category of other foods, such as pizza or lasagna. (aliments composés)

  food group

  food group means one of the following categories of foods:

  • (a) milk products, and milk product alternatives such as fortified plant-based beverages;

  • (b) meat, poultry and fish, and alternatives such as legumes, eggs, tofu or peanut butter;

  • (c) bread and grain products; or

  • (d) vegetables and fruit. (groupe alimentaire)

  other foods

  other foods means the category of food to which belong foods that are not part of any food group, including

  • (a) foods that are mostly fats, such as butter, margarine, oil or lard;

  • (b) foods that are mostly sugars, such as jam, honey, syrup or confectionery;

  • (c) snack foods, such as potato chips or pretzels;

  • (d) beverages, such as water, tea, coffee or soft drinks; and

  • (e) herbs, spices and condiments, such as pickles, mustard or ketchup. (autres aliments)

  reference food of the same food group

  reference food of the same food group means a food that can be substituted in the diet for the food to which it is compared and that belongs to

  • (a) the same food group as the food to which it is compared, such as cheese as a reference food for milk, or chicken as a reference food for tofu;

  • (b) the category of other foods, if the food to which it is compared also belongs to that category, such as pretzels as a reference food for potato chips; or

  • (c) the category of combination foods, if the food to which it is compared also belongs to that category, such as pizza as a reference food for lasagna. (aliment de référence du même groupe alimentaire)

  similar reference food

  similar reference food means a food of the same type as the food to which it is compared and that has not been processed, formulated, reformulated or otherwise modified in a manner that increases or decreases the energy value or the amount of a nutrient that is the subject of the comparison, such as whole milk as a similar reference food for partly skimmed milk or regular chocolate chip cookies as a similar reference food for fat-reduced chocolate chip cookies. (aliment de référence similaire)

• (2) The similar reference food referred to in column 3 of item 45 of the Table of Permitted Nutrient Content Statements and Claims, with respect to the subject “light in energy or fat” set out in column 1, shall have a nutrient value that is representative of foods of that type that have not been processed, formulated, reformulated or otherwise modified in a manner that increases the energy value or the amount of fat.

Languages

B.01.501 The representations provided for in sections B.01.503 to B.01.513 that appear on the label of a food shall be

• (a) in English and French; or

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

Statements or Claims

• B.01.502 (1) No person shall, on the label of or in any advertisement for a food, make a representation, express or implied, that characterizes the energy value of the food or the amount of a nutrient contained in the food.

• (2) Subsection (1) does not apply to

  • (a) a representation otherwise provided for in these Regulations, including one that is in the form of a nutrition symbol;

  • (b) a representation provided for by section 273 of the Safe Food for Canadians Regulations;

  • (c) a representation provided for by column 1 of Table 2 to Volume 7 of the document entitled Canadian Standards of Identity, prepared by the Canadian Food Inspection Agency and published on its website, as amended from time to time;

  • (d) a representation that characterizes the amount of lactose in a food;

  • (e) a representation that characterizes the addition of salt to a food, other than any statement or claim set out in column 4 of the Table of Permitted Nutrient Content Statements and Claims;

  • (f) a representation that characterizes the addition of sugars to a food, other than any statement or claim set out in column 4 of the Table of Permitted Nutrient Content Statements and Claims;

  • (g) a representation that characterizes the amount of starch in a food, if the food is intended solely for infants six months of age or older but less than one year of age;

  • (h) the representations “defatted (naming the food)”, “demineralized (naming the food)” and “high (naming the monosaccharide or disaccharide) (naming the syrup)”;

  • (i) a representation that characterizes the amount of a fatty acid in a vegetable oil and forms part of its common name;

  • (j) a representation that characterizes the amount of alcohol in a beverage;

  • (k) the representation “light salted” with respect to fish; or

  • (l) the English representation “lean” with respect to a prepackaged meal represented for use in a weight reduction diet or a weight maintenance diet.

• B.01.503 (1) A person may, on the label of or in any advertisement for a food, make a statement or claim set out in column 4 of the Table of Permitted Nutrient Content Statements and Claims, with respect to a subject set out in column 1, if

  • (a) the food meets the applicable conditions set out in column 2;

  • (b) the label or advertisement meets the conditions, if any, set out in column 3, in accordance with sections B.01.504 to B.01.506; and

  • (c) in the case of a food that is not a prepackaged product, or a prepackaged product for which an advertisement is not made or placed by or on the direction of the manufacturer of the product, the label or advertisement includes, per serving of stated size, and in accordance with section B.01.505 or B.01.506 if applicable,

    • (i) the declaration of the energy value, if the energy value is the subject of the statement or claim, or

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

• (1.1) Despite subsection (1), no person shall, on the principal display panel of a prepackaged product, make a statement or claim that is set out in column 4 of the Table of Permitted Nutrient Content Statements and Claims and that relates to a nutrient that is referred to in a nutrition symbol that appears on the panel unless it is a statement or claim respecting one of the following subjects set out in column 1:

  • (a) “reduced in saturated fatty acids”, set out in item 20;

  • (b) “reduced in sodium or salt”, set out in item 33; or

  • (c) “reduced in sugars”, set out in item 38.

• (2) Despite subsection (1), no person shall, on the label of or in any advertisement for a food that is intended solely for children under four years of age, make a statement or claim set out in column 4 of the Table of Permitted Nutrient Content Statements and Claims unless it is a statement or claim respecting one of the following subjects set out in column 1:

  • (a) “source of protein”, set out in item 8;

  • (b) “excellent source of protein”, set out in item 9;

  • (c) “more protein”, set out in item 10;

  • (d) “no added sodium or salt”, set out in item 35; or

  • (e) “no added sugars”, set out in item 40.

• (2.01) Despite subsections (1) and (2), it is prohibited, on the label of or in any advertisement for a human milk fortifier, to make a statement or claim set out in column 4 of the Table of Permitted Nutrient Content Statements and Claims.

• (2.1) The information required by paragraph (1)(c) need not be included on the label of or in any advertisement for a fresh vegetable or fruit or any combination of fresh vegetables or fruits without any added ingredients, an orange with added food colour or a fresh vegetable or fruit coated with mineral oil, paraffin wax, petrolatum or any other protective coating, if a statement or claim set out in column 4 of the Table of Permitted Nutrient Content Statements and Claims is made on the label or advertisement.

• (3) If a statement or claim set out in column 4 of the Table of Permitted Nutrient Content Statements and Claims is made on the label of or in any advertisement for a food, all the words, numbers, signs or symbols that constitute the statement or claim shall be of the same size and prominence.

• (4) In the English version of the statements or claims, the word “fibre” may be spelled as “fiber”.

B.01.504 If a statement or claim set out in column 4 of the Table of Permitted Nutrient Content Statements and Claims is made on the label of a food, the information required under the conditions set out in column 3 shall be

• (a) adjacent to, without any intervening printed, written or graphic material,

  • (i) the statement or claim, if the statement or claim is made only once, or

  • (ii) the most prominent statement or claim on the principal display panel or, if none appears there, the most prominent statement or claim elsewhere on the label, if the statement or claim is made more than once; and

• (b) shown in letters of at least the same size and prominence as

  • (i) those of the statement or claim, if the statement or claim is made only once, or

  • (ii) those of the most prominent statement or claim on the principal display panel or, if none appears there, the most prominent statement or claim elsewhere on the label, if the statement or claim is made more than once.

B.01.505 If a statement or claim set out in column 4 of the Table of Permitted Nutrient Content Statements and Claims is made in an advertisement for a food, other than a radio or television advertisement, the information required under the conditions set out in column 3 and, if applicable, the information required by paragraph B.01.503(1)(c), shall be

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

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

• B.01.506 (1) If a statement or claim set out in column 4 of the Table of Permitted Nutrient Content Statements and Claims is made in a radio or television advertisement, the information required under the conditions set out in column 3 and, if applicable, the information required by paragraph B.01.503(1)(c), shall be provided in the advertisement, except for the information required under the condition set out in paragraph (a) of column 3, in respect of the following subjects set out in column 1, which may be on the label:

  • (a) “reduced in energy”, set out in item 3;

  • (b) “reduced in fat”, set out in item 13;

  • (c) “reduced in saturated fatty acids”, set out in item 20;

  • (d) “reduced in trans fatty acids”, set out in item 23;

  • (e) “reduced in cholesterol”, set out in item 29;

  • (f) “reduced in sodium or salt”, set out in item 33;

  • (g) “lightly salted”, set out in item 36;

  • (h) “reduced in sugars”, set out in item 38; and

  • (i) “light in energy or fat”, set out in item 45.

• (2) Despite subsection (1), if the statement or claim is made in a radio or television advertisement that is not made or placed by or on the direction of the manufacturer of the food, the information required under the condition set out in paragraph (a) of column 3 of the Table of Permitted Nutrient Content Statements and Claims, in respect of the subjects set out in paragraphs (1)(a) to (i), shall be provided in the advertisement.

• (3) If the information required under the conditions set out in column 3 of the Table of Permitted Nutrient Content Statements and Claims and the information required by paragraph B.01.503(1)(c) is provided in a radio advertisement or in the audio portion of a television advertisement, that information shall immediately precede or follow the statement or claim.

• (4) In the case of a television advertisement, the information required under the conditions set out in column 3 of the Table of Permitted Nutrient Content Statements and Claims and, if applicable, the information required by paragraph B.01.503(1)(c), shall be communicated

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

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

• (5) If the information required under the conditions set out in column 3 of the Table of Permitted Nutrient Content Statements and Claims and the information required by paragraph B.01.503(1)(c) is communicated in the visual mode of a television advertisement, it shall

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

  • (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.