Marketing Authorization for Food Additives That May Be Used as Preservatives (SOR/2012-212)

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)

  preservative

  preservative means a food additive that is used to control micro-organisms or oxidation in food. (agent de conservation)

  List

  List means the List of Permitted Preservatives 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 preservative that is set out in column 1 of the List is added to a food, other than an infant food, that is set out in column 2, 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 and paragraph B.21.005(b), as applicable, of the Food and Drug Regulations, in respect of the use or presence of the preservative only, if the amount of the preservative does not exceed the maximum level of use for that food that is set out in column 3 and if any other condition that is set out in that column is met.

• Marginal note:Infant food

  (1.1) When a preservative that is set out in column 1 of the List is added to an infant food that is set out in column 2, the infant 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 preservative only, if the amount of the preservative does not exceed the maximum level of use for that infant food that is set out in column 3 and if any other condition that is set out in that column is met.

• Marginal note:“Good manufacturing practice”

  (2) When the words “good manufacturing practice” appear in column 3, the exemption applies if the amount of the preservative 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 and if any other condition that is set out in that column is met.

• 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 preservative 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 preservative 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.]