Safe Food for Canadians Regulations

Marginal note:Mandatory grading

• 306 (1) Any eggs, fish, fresh fruits or vegetables, processed fruit or vegetable products, honey, maple syrup or beef carcass in respect of which grades are prescribed by these Regulations that are sent or conveyed from one province to another or that are imported or exported must

  • (a) be graded;

  • (b) meet the requirements that are set out in the Compendium or the Grades Document in respect of the applicable grade of that food; and

  • (c) be labelled, in accordance with the Compendium or the Grades Document, with the applicable grade name that is set out in the Compendium or the Grades Document.

• Marginal note:Exception — subsection (1)

  (2) Subsection (1) does not apply in respect of

  • (a) frozen gutted Pacific salmon;

  • (b) fresh fruits or vegetables that are exported;

  • (c) fresh blueberries, fresh cantaloupes, fresh crabapples, fresh cranberries, fresh field rhubarb and fresh strawberries;

  • (d) if they are in a hermetically sealed package, mixed vegetables (macédoine), stewed tomatoes, tomato puree, tomato pulp, tomato paste, tomato ketchup and tomato chili sauce;

  • (e) a beef carcass, or a carcass side, hind quarter, front quarter, primal cut or sub-primal cut of a beef carcass that has been imported, in the following cases:

    • (i) if it is prepackaged, its container is labelled with the expression “Ungraded Beef” or “boeuf non classifié”, and

    • (ii) if it is not prepackaged, it is accompanied by documents for presentation to an inspector or grader that show that it has not been graded; and

  • (f) a beef carcass, or a carcass side, hind quarter, front quarter, primal cut or sub-primal cut of a beef carcass, that is sent or conveyed from one province to another or exported, in the following cases:

    • (i) if it is prepackaged, its container is labelled with the expression “Ungraded Beef” or “boeuf non classifié”, and

    • (ii) if it is not prepackaged, it is accompanied by documents for presentation to an inspector or grader that show that it has not been graded.

• Marginal note:Exception — paragraphs (1)(b) and (c)

  (3) Paragraphs (1)(b) and (c) do not apply in respect of

  • (a) any processed fruit or vegetable product that does not meet the requirements of the Regulations with respect to grade and that is sent or conveyed from one province to another, if it is labelled with the words “Substandard” or “sous-régulier”;

  • (b) honey that does not meet the requirements of the Regulations with respect to grade and that is sent or conveyed from one province to another, if it is labelled with the words “Substandard” or “sous-régulier”; and

  • (c) honey that does not meet the requirements of the Regulations with respect to grade and that is exported, if the information on the label or the container with respect to the quality of the honey is not false, misleading or deceptive or is not likely to create an erroneous impression.

• Marginal note:Exception — paragraph (1)(c)

  (4) Paragraph 1(c) does not apply in respect of

  • (a) a food that is imported, if the Compendium indicates that it must be labelled with a grade designation that is established by the foreign state of origin and the imported food is labelled with that grade designation rather than with a grade name, and the grade name must be shown in accordance with sections 205, 206 and 312 as if it were a grade name;

  • (b) prepackaged fresh fruits or vegetables that are imported, sold in their original container and labelled with a grade designation that is established by the foreign state of origin, if they meet the requirements of the foreign state in respect of that grade designation and those requirements are substantially equivalent to any requirements that apply under these Regulations;

  • (c) imported prepackaged fresh fruits or vegetables, other than consumer prepackaged fresh fruits or vegetables, if they are graded and meet the requirements of the Compendium in respect of that grade;

  • (d) a beef carcass, or a carcass side, hind quarter, front quarter, primal cut or sub-primal cut of a beef carcass, that is not prepackaged and that is imported if

    • (i) it is graded and labelled in accordance with the requirements, in respect of grades of beef carcasses, that are established by the foreign state of origin, or

    • (ii) it is accompanied by documents for presentation to an inspector or grader that show the grade designation that is established by the foreign state of origin; and

  • (e) a beef carcass, or a carcass side, hind quarter, front quarter, primal cut or sub-primal cut of a beef carcass, that is not prepackaged and does not bear a grade name, and that is sent or conveyed from one province to another, if it is accompanied by documents, for presentation to an inspector or grader, that show its grade name.