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

B.01.010 (1) In this section, common name includes a name set out in the Common Names for Ingredients and Components Document.

(2) An ingredient or component shall be shown in the list of ingredients by its common name.

(3) For the purposes of subsection (2),

• (a) the ingredient or component set out in the Common Names for Ingredients and Components Document shall be shown in the list of ingredients by the common name of that ingredient or component that is set out in that Document; and

• (b) the ingredient or component set out in the Common Names for Ingredients and Components Document may be shown in the list of ingredients by the common name of that ingredient or component that is set out in that Document.

(4) Despite subsection (2) and subsection B.01.008.2(5), if a food contains ingredients of the same class, those ingredients may be shown by a class name if

• (a) they consist of more than one component and are not listed in the table to subsection B.01.009(1); and

• (b) their components are shown

  • (i) immediately after the class name of the ingredients of which they are components, in such a manner as to indicate that they are components of the ingredients, and

  • (ii) in descending order of their collective proportion by weight of those ingredients.

B.01.010.1 (1) The following definitions apply in this section and in sections B.01.010.2 to B.01.010.4.

food allergen

food allergen means any protein from any of the following foods, or any modified protein, including any protein fraction, that is derived from any of the following foods:

• (a) almonds, Brazil nuts, cashews, hazelnuts, macadamia nuts, pecans, pine nuts, pistachios or walnuts;

• (b) peanuts;

• (c) sesame seeds;

• (d) wheat or triticale;

• (e) eggs;

• (f) milk;

• (g) soybeans;

• (h) crustaceans;

• (i) molluscs;

• (j) fish; or

• (k) mustard seeds. (allergène alimentaire)

food allergen source, gluten source and added sulphites statement

food allergen source, gluten source and added sulphites statement means a statement appearing on the label of a prepackaged product that indicates the source of a food allergen or gluten that is present in the product or the presence in the product of added sulphites in a total amount of 10 p.p.m. or more. (mention des sources d’allergènes alimentaires ou de gluten et des sulfites ajoutés)

gluten

gluten means

• (a) any gluten protein from the grain of any of the following cereals or from the grain of a hybridized strain that is created from at least one of the following cereals:

  • (i) barley,

  • (ii) oats,

  • (iii) rye,

  • (iv) triticale,

  • (v) wheat; or

• (b) any modified gluten protein, including any gluten protein fraction, that is derived from the grain of any of the cereals referred to in paragraph (a) or from the grain of a hybridized strain referred to in that paragraph. (gluten)

height

height, in respect of type, means the height of the lower case letter “x”. (hauteur)

(2) If a food allergen or gluten is present in a prepackaged product, the source of the food allergen or gluten, as the case may be, must be shown on the label of the product in

• (a) the list of ingredients; or

• (b) in a food allergen source, gluten source and added sulphites statement.

(3) Subsection (2) does not apply to a food allergen or gluten that is present in a prepackaged product as a result of cross-contamination.

(4) Subsection (2) does not apply to a to a food allergen or gluten that is present in a prepackaged product referred to in paragraphs B.01.008(2)(a) to (e) unless a list of ingredients is shown on the product’s label.

(5) [Repealed, SOR/2019-98, s. 1]

(6) The source of a food allergen required to be shown under subsection (2) must be shown

• (a) for a food allergen from a food referred to in one of paragraphs (a), (b) and (e) of the definition food allergen in subsection (1) or derived from that food, by the name of the food as shown in the applicable paragraph, expressed in the singular or plural;

• (b) for a food allergen from the food referred to in paragraph (c) of the definition food allergen in subsection (1) or derived from that food, by the name “sesame”, “sesame seed” or “sesame seeds”;

• (c) for a food allergen from a food referred to in one of paragraphs (d) and (f) of the definition food allergen in subsection (1) or derived from that food, by the name of the food as shown in the applicable paragraph;

• (d) for a food allergen from the food referred to in paragraph (g) of the definition food allergen in subsection (1) or derived from that food, by the name “soy”, “soya”, “soybean” or “soybeans”;

• (e) for a food allergen from a food referred to in one of paragraphs (h) to (j) of the definition food allergen in subsection (1) or derived from that food, by the common name of the food that is set out in the Common Names for Ingredients and Components Document; and

• (f) for a food allergen from the food referred to in paragraph (k) of the definition food allergen in subsection (1) or derived from that food, by the name “mustard”, “mustard seed” or “mustard seeds”.

(7) The source of gluten required to be shown under subsection (2) must be shown

• (a) for gluten from the grain of a cereal referred to in one of subparagraphs (a)(i) to (v) of the definition gluten in subsection (1) or derived from that grain, by the name of the cereal as shown in the applicable subparagraph; and

• (b) for gluten from the grain of a hybridized strain created from one or more of the cereals referred to in subparagraphs (a)(i) to (v) of the definition gluten in subsection (1) or derived from that grain, by the names of the cereals as shown in the applicable subparagraphs.

(8) For the purpose of paragraph (2)(a), the source of the food allergen or gluten must be shown in the list of ingredients, in parentheses, as follows:

• (a) immediately after the ingredient that is shown in that list, if the food allergen or gluten

  • (i) is that ingredient,

  • (ii) is present in that ingredient, but is not a component of or present in a component of that ingredient, or

  • (iii) is, or is present in, a component of that ingredient and the component is not shown in the list of ingredients; or

• (b) immediately after the component that is shown in the list of ingredients, if the food allergen or gluten is that component or is present in that component.

(9) Despite subsection (2), the source of the food allergen or gluten must be shown on the label of the product in the food allergen source, gluten source and added sulphites statement if the food allergen or gluten

• (a) is, or is present in, an ingredient that is not shown in the list of ingredients, but is not a component of that ingredient or present in a component of that ingredient; or

• (b) is, or is present in, a component and neither the component nor the ingredient in which it is present is shown in the list of ingredients.

(10) Despite subsection (8), the source of the food allergen or gluten is not required to be shown in parentheses immediately after the ingredient or component, as the case may be, if the source of the food allergen or gluten appears

• (a) in the list of ingredients

  • (i) as part of the common name of the ingredient or component, or

  • (ii) in parentheses, under subsection (8), immediately after another ingredient or component; or

• (b) in the food allergen source, gluten source and added sulphites statement.

(11) For greater certainty, nothing in subsection (8) affects how an ingredient or component may be shown in the list of ingredients under paragraph B.01.010(3)(b).

B.01.010.2 (1) In this section and in section B.01.010.3, sulphites means the food additives that are set out in the Common Names for Ingredients and Components Document and are present in a prepackaged product.

(2) For greater certainty, the definition sulphites in subsection (1) includes only sulphites that are present in the prepackaged product as a result of being added.

(3) If sulphites are present in a prepackaged product in a total amount of 10 parts per million or more and none are required to be shown in the list of ingredients under section B.01.008 or B.01.009, the sulphites must be shown on the label of the product in

• (a) the list of ingredients; or

• (b) the food allergen source, gluten source and added sulphites statement that complies with the requirements of subsection B.01.010.3(1).

(4) Subsection (3) does not apply to sulphites present in the prepackaged products referred to in paragraphs B.01.008(2)(a) to (e) unless a list of ingredients is shown on the product’s label.

(5) [Repealed, SOR/2019-98, s. 2]

(6) Sulphites that are shown on a label of the product under subsection (3) must be shown as follows:

• (a) if the sulphites are shown in the list of ingredients,

  • (i) by one of the common names “sulfites”, “sulfiting agents”, “sulphites” or “sulphiting agents”, or

  • (ii) individually by the name of the food additive that is set out in the Common Names for Ingredients and Components Document, except that the name “sodium dithionite”, “sulphur dioxide” or “sulphurous acid” must be followed, in parentheses, by one of the common names “sulfites”, “sulfiting agents”, “sulphites” or “sulphiting agents”; or

• (b) if the sulphites are shown in a food allergen source, gluten source and added sulphites statement, by one of the common names “sulfites”, “sulfiting agents”, “sulphites” or “sulphiting agents”.

(7) Sulphites that are shown in the list of ingredients under paragraph (6)(a) must be shown as follows:

• (a) sulphites that are a component of an ingredient that is shown in the list of ingredients must be shown either in parentheses immediately after the ingredient or at the end of that list where they may be shown in any order with the other ingredients that are shown at the end of that list in accordance with subsection B.01.008.2(4); and

• (b) in all other cases, the sulphites must be shown at the end of the list of ingredients where they may be shown in any order with the other ingredients that are shown at the end of that list in accordance with subsection B.01.008.2(4).

(8) If sulphites are present in a prepackaged product in a total amount of 10 parts per million or more and any of them are required to be shown in the list of ingredients under section B.01.008 or B.01.009, in the case of sulphites shown individually by the name “sodium dithionite”, “sulphur dioxide” or “sulphurous acid”, that name must be followed, in parentheses, by one of the common names “sulfites”, “sulfiting agents”, “sulphites” or “sulphiting agents”.

(9) If the total amount of sulphites present in the prepackaged product is 10 parts per million or more, sulphites that are required to be shown in a list of ingredients under section B.01.008 or B.01.009 may also be shown on the label of the product in a food allergen source, gluten source and added sulphites statement that complies with the requirements of subsection B.01.010.3(1).

(10) Despite subparagraph (6)(a)(ii) and subsection (8), if sulphites are shown individually in a list of ingredients, by the name “sodium dithionite”, “sulphur dioxide” or “sulphurous acid”, that name is not required to be followed, in parentheses, by one of the common names “sulfites”, “sulfiting agents”, “sulphites” or “sulphiting agents” if

• (a) in the list of ingredients,

  • (i) the term “sulfite” or “sulphite” appears in the common name of another sulphite, or

  • (ii) one of the common names “sulfites”, “sulfiting agents”, “sulphites” or “sulphiting agents” is shown in parentheses following another sulphite; or

• (b) one of the common names “sulfites”, “sulfiting agents”, “sulphites” or “sulphiting agents” is shown in a food allergen source, gluten source and added sulphites statement on the label of the product.

B.01.010.3 (1) A food allergen source, gluten source and added sulphites statement must

• a) be introduced by a title that

  • (i) consists of the terms

    • (A) “Contains”, “Contains:” or “Contains :” in the English version of the statement, and

    • (B) “Contient”, “Contient :” or “Contient :” in the French version of the statement,

  • (ii) is shown in bold type,

  • (iii) is shown without any intervening printed, written or graphic material appearing between it and the rest of the statement, and

  • (iv) if the statement is preceded by a statement referred to in subsection B.01.014(1) and begins on the line on which that statement ends, is shown in a type that is of a height that is at least 0.2 mm greater than the height of the type used in that statement;

• (a.1) appear, in respect of each linguistic version, immediately after any statement referred to in subsection B.01.014(1) appearing in the same language or, if there is no such statement, immediately after the list of ingredients appearing in the same language and, in either case, without any intervening printed, written or graphic material;

• (a.2) appear on the same continuous surface as the statement or list that immediately precedes it and be shown in the same manner as the list of ingredients is shown under subsection B.01.008.2(2);

• (b) include all of the following information, even if all or part of that information is also shown in the list of ingredients:

  • (i) the source for each food allergen that is present in the prepackaged product,

  • (ii) each source for the gluten that is present in the product, and

  • (iii) one of the common names “sulfites”, “sulfiting agents”, “sulphites” or “sulphiting agents”, if the total amount of sulphites present in the product is 10 parts per million or more; and

• (c) show information entries in regular or bold type, using lower case letters except for the first letter of each entry, which shall be an upper case letter, and shall use a bullet point or comma to separate each entry.

(2) Despite paragraph (1)(b), the following information is not required to be shown in the statement more than once:

• (a) the same source of a food allergen;

• (b) the same source of gluten; and

• (c) one of the common names “sulfites”, “sulfiting agents”, “sulphites” or “sulphiting agents”.

(3) If the English and French versions of the statement appear on the same continuous surface of the label, the version that follows the other version shall not begin on the same line as that on which the other version ends, except in the case of a prepackaged product that has an available display surface of less than 100 cm².