Marketing Authorization for Food Additives with Other Accepted Uses (SOR/2012-209)

Interpretation

Marginal note:Definitions

• 1 (1) The following definitions apply in this Marketing Authorization.

  infant food

  infant food has the same meaning as in section B.25.001 of the Food and Drug Regulations (aliment pour bébés)

  List

  List means the List of Permitted Food Additives with Other Accepted Uses published by the Department of Health on its website, as amended from time to time. (Liste)

• Marginal note:Food and Drug Regulations

  (2) Unless otherwise indicated, a reference in the List to a provision or division is a reference to a provision or division of Part B of the Food and Drug Regulations.

• Marginal note:Same meaning

  (3) Words and expressions used in the List have the same meaning as in Part B of the Food and Drug Regulations.

Exemptions

Marginal note:Food — general

• 2 (1) When a food additive that is set out in column 1 of the List is added to a food that is set out in column 2, other than an infant food, for a use whose purpose is set out in column 3, the food is exempt from the application of paragraphs 4(1)(a) and (d) and sections 6 and 6.1 of the Food and Drugs Act and sections B.01.042, B.01.043 and B.16.007, as applicable, of the Food and Drug Regulations, in respect of the use or presence of the additive only, if

  • (a) [Repealed, SOR/2017-67, s. 3]

  • (b) the amount of the additive does not exceed the maximum level of use for that food that is set out in column 4;

  • (c) any other condition that is set out in column 4 is met; and

  • (d) subject to subsection (1.1), the additive and the purpose of its use are set out, respectively, in columns 1 and 2 of the schedule.

• Marginal note:Infant food

  (1.01) When a food additive that is set out in column 1 of the List is added to an infant food that is set out in column 2 for a use whose purpose is set out in column 3, the food is exempt from the application of paragraphs 4(1)(a) and (d) of the Food and Drugs Act and sections B.01.043 and B.16.007 and subsection B.25.062(1), as applicable, of the Food and Drug Regulations, in respect of the use or presence of the additive only, if the conditions set out in paragraphs (1)(b) and (c) and, if applicable, paragraph (1)(d) are met.

• (1.1) The condition in paragraph (1)(d) applies only in the case where the additive and the purpose of its use were added, respectively, to columns 1 and 3 of the List on the same day and that immediately before that day

  • (a) the additive was not subject to any other marketing authorization for food additives issued under subsection 30.3(1) of the Food and Drugs Act; and

  • (b) the purpose was not set out in column 3 of the List with respect to any other food additive set out in column 1.

• Marginal note:“Good manufacturing pratice”

  (2) When the words “good manufacturing practice” appear in column 4, the condition in paragraph (1)(b) is met if the amount of the additive that is added to the food in manufacturing and processing does not exceed the amount required to accomplish the purpose for which it has been added.

• Marginal note:Labelling or packaging requirement

  (3) Subsection (1) does not exempt a food for which a standard is prescribed in Part B of the Food and Drug Regulations from the application of any labelling or packaging requirement that is set out in the standard.

Marginal note:Food additives

3 A food additive that is set out in column 1 of the List is exempt from the application of section B.16.100 of the Food and Drug Regulations if, at the time of sale, all of the other requirements in those Regulations that apply in respect of the additive are met.

Coming into Force

Marginal note:Coming into force

Footnote ^*4 This Marketing Authorization comes into force on the day on which section 416 of the Jobs, Growth and Long-term Prosperity Act, chapter 19 of the Statutes of Canada, 2012, comes into force but if the Marketing Authorization is registered after that day, it comes into force on the day on which it is registered.

• Return to footnote ^*[Note: Authorization in force October 25, 2012, see SI/2012-84.]