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

D.01.011.1 Sections D.01.009, D.01.010 and D.01.011 do not apply in respect of vitamin D in

• (a) a food for which a standard is set out in Division 8 of Part B if the standard requires that the food contain vitamin D; or

• (b) margarine or calorie-reduced margarine.

D.01.012 No person shall, in advertising a food that is represented as containing a vitamin 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 vitamin to a person’s diet; or

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

D.01.013 [Repealed, SOR/2003-11, s. 31]

TABLE I[Repealed, SOR/2016-305, s. 67]

DIVISION 2Mineral Nutrients in Foods

• D.02.001 (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:

  • (a) sodium;

  • (b) potassium;

  • (c) calcium;

  • (d) phosphorus;

  • (e) magnesium;

  • (f) iron;

  • (g) zinc;

  • (h) iodide;

  • (i) chloride;

  • (j) copper;

  • (k) fluoride;

  • (l) manganese;

  • (m) chromium;

  • (n) selenium;

  • (o) cobalt;

  • (p) molybdenum;

  • (q) tin;

  • (r) vanadium;

  • (s) silicon; and

  • (t) nickel. (minéral nutritif)

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

• D.02.002 (1) It is prohibited, 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, human milk fortifier, human milk substitute or food represented as containing a human milk substitute — to make a statement or claim concerning the mineral nutrient content of the food unless

  • (a) the mineral nutrient is set out in column 1 of Part 2 of the Table of Daily Values;

  • (b) the percentage of the daily value 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.

• (1.1) The condition set out in paragraph (1)(c) need not be met if the statement or claim described in subsection (1) is made on a 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.

• (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 or supplemented food 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).

D.02.003 [Repealed, SOR/2003-11, s. 34]

D.02.004 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.

• D.02.005 (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.01.008.2(6), the mineral nutrient is declared by its common name, and that common name is shown in parentheses immediately after the ingredient in respect of which it is a component, 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).

D.02.006 [Repealed, SOR/2003-11, s. 35]

D.02.007 [Repealed, SOR/88-559, s. 34]

D.02.008 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.

• D.02.009 (1) 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 that mineral nutrient in an amount 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.

• (2) Subsection (1) does not apply to a human milk fortifier or a supplemented food.

• D.02.010 (1) No person shall sell elemental iron powder for use in foods as a source of iron as a mineral nutrient unless

  • (a) subject to paragraph (b), the powder meets the specifications for

    • (i) Iron, Carbonyl,

    • (ii) Iron, Electrolytic, or

    • (iii) Iron, Reduced,

    as set out in the Food Chemicals Codex, Third Edition, 1981, published by the National Academy of Sciences of the United States of America; and

  • (b) in the case of Iron, Reduced, 100 per cent by weight of the particles pass through a 100 mesh sieve and at least 95 per cent by weight of the particles pass through a 325 mesh sieve.

• (2) No person shall sell a food to which elemental iron powder has been added as a source of iron as a mineral nutrient unless the powder meets the requirements referred to in paragraphs (1)(a) and (b).

D.02.011 No person shall sell a food to which sodium iron pyrophosphate has been added as a source of iron as a mineral nutrient unless

• (a) the bioavailability of the iron in the food is not less than 50 per cent of the bioavailability of ferrous sulphate as determined by official method FO-42, Determination of Bioavailability of Iron, December 15, 1982; and

• (b) that person retains documentary evidence showing that the bioavailability of the iron in the food has been determined by the official method referred to in paragraph (a) and, on request by the Minister, submits such evidence to the Minister.

TABLE I[Repealed, SOR/2016-305, s. 70]