Cannabis Regulations (SOR/2018-144)

Marginal note:Presentation of source of food allergen

• 132.23 (1) The source of a food allergen required to be shown in the list of ingredients or in the food allergen source, gluten source and added sulphites statement under paragraph 132.18(1)(l) or 132.19(1)(g) must be set out

  • (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 B.01.010.1(1) of the Food and Drug Regulations 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 B.01.010.1(1) of the Food and Drug Regulations 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 paragraph (d) or (f) of the definition food allergen in subsection B.01.010.1(1) of the Food and Drug Regulations 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 B.01.010.1(1) of the Food and Drug Regulations 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 B.01.010.1(1) of the Food and Drug Regulations or derived from that food, by the common name of the food set out in the applicable item, column 2 of the applicable Table of 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 B.01.010.1(1) of the Food and Drug Regulations or derived from that food, by the name “mustard”, “mustard seed” or “mustard seeds”.

• Marginal note:Presentation of source of gluten

  (2) The source of gluten required to be shown in the list of ingredients or in the food allergen source, gluten source and added sulphites statement under paragraph 132.18(1)(l) or 132.19(1)(g) must be set out

  • (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 B.01.010.1(1) of the Food and Drug Regulations 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 B.01.010.1(1) of the Food and Drug Regulations or derived from that grain, by the names of the cereals as shown in the applicable subparagraphs.

Marginal note:Declaration on risk of cross-contamination

132.24 If the label of the container in which edible cannabis is packaged includes a declaration alerting consumers that, due to a risk of cross-contamination, the edible cannabis may contain the source of a food allergen or gluten, the declaration must meet the following requirements:

• (a) it must be shown immediately after the food allergen source, gluten source and added sulphites statement or, if there is none, immediately after the list of ingredients, and must appear on the same continuous surface as the statement, if any, and the list of ingredients; and

• (b) no intervening printed, written or graphic material is to appear between it and the list of ingredients or statement that immediately precedes it.

Marginal note:Presentation of food allergen statement

• 132.25 (1) A food allergen source, gluten source and added sulphites statement must meet the following requirements:

  • (a) the word “Contains” in the English version and the word “Contient” in the French version must appear at the beginning of the list;

  • (b) no intervening printed, written or graphic material is to appear between the word referred to in paragraph (a) and the rest of the statement;

  • (c) it must appear on the same continuous surface as the list of ingredients; and

  • (d) it must include, even if any of the following information is also shown in the list of ingredients,

    • (i) the source of each food allergen that is present in the edible cannabis,

    • (ii) each source of any gluten that is present in the edible cannabis, and

    • (iii) one of the common names “sulfites”, “sulfiting agents”, “sulphites” or “sulphiting agents”, if the total amount of sulphites present in the edible cannabis is 10 p.p.m. or more.

• Marginal note:No duplication

  (2) Despite paragraph (1)(d), 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”.

Marginal note:Constituents not required to be shown on label

• 132.26 (1) Constituents of ingredients or of classes of ingredients set out in the table to subsection B.01.009(1) of the Food and Drug Regulations are not required to be shown on the label of a container in which edible cannabis — or a cannabis accessory that contains edible cannabis — that is a cannabis product is packaged.

• Marginal note:Preparation or mixture

  (2) Subject to subsection (3), if a preparation or mixture set out in the table to subsection B.01.009(2) of the Food and Drug Regulations is used to produce edible cannabis, the ingredients and constituents of the preparation or mixture are not required to be shown on the label of the container in which edible cannabis — or a cannabis accessory that contains edible cannabis — that is a cannabis product is packaged.

• Marginal note:Common name

  (3) If a preparation or mixture set out in the table to subsection B.01.009(2) of the Food and Drug Regulations is used to produce edible cannabis and the preparation or mixture has one or more of the ingredients or constituents listed in subsection B.01.009(3) of the Food and Drug Regulations, those ingredients or constituents must be shown by their common names in the list of the ingredients of the edible cannabis to which they are added as if they were ingredients of that edible cannabis.

• Marginal note:Constituents required to be shown in list of ingredients

  (4) Despite subsections (1) and (2), if any of the constituents listed in subsection B.01.009(4) of the Food and Drug Regulations is contained in an ingredient of edible cannabis set out in a table referred to in subsection (1) or (2), that constituent must be shown in the list of ingredients.

Marginal note:Small immediate container

• 132.27 (1) In the case of a cannabis product whose immediate container is too small for all the required information to be displayed on its label in accordance with these Regulations,

  • (a) the label may extend beyond the exterior display surface; or

  • (b) either a peel-back or accordion panel may be applied to the container.

• Marginal note:Label or panel not easily removed

  (2) The label that extends beyond the exterior display surface and the panel must be applied in a manner that they cannot be easily removed from the immediate container.

• Marginal note:Panel

  (3) The panel must

  • (a) be able to be resealed;

  • (b) withstand repeated openings and closings without detaching from the immediate container under customary conditions of use; and

  • (c) include any of the following information that cannot be included on the label because the immediate container of the cannabis product is too small for all the required information to be displayed in accordance with these Regulations:

    • (i) the class of cannabis set out in Schedule 4 to the Act to which the cannabis that is in the immediate container belongs,

    • (ii) the recommended storage conditions,

    • (iii) the packaging date,

    • (iv) except in the case of a cannabis plant, cannabis plant seeds or edible cannabis, either

      • (A) the expiry date in accordance with subsection 123(2), or

      • (B) a statement that no expiry date has been determined,

    • (v) except in the case of dried cannabis or a cannabis plant, the statement “Contains the equivalent of (the quantity of dried cannabis, in grams, that is equivalent to the quantity of cannabis, in grams or seeds, as the case may be, as determined in accordance with subsection 2(4) of the Act, in the immediate container)g of dried cannabis”,

    • (vi) the list of ingredients of the cannabis product, including constituents, if any,

    • (vii) in the case of dried cannabis or fresh cannabis, the net weight,

    • (viii) in the case of a cannabis extract,

      • (A) the net weight, including the net weight of cannabis extract in each unit, if the cannabis extract is in discrete units,

      • (B) the quantity of THC and CBD that is dispensed with each activation of any cannabis accessory that is packaged with or contains the cannabis extract, and

      • (C) the name of any food allergen that is present in the product,

    • (ix) in the case of a cannabis topical, its net weight, including the net weight of cannabis topical in each unit, if the cannabis topical is in discrete units, and

    • (x) in the case of edible cannabis,

      • (A) if the edible cannabis is in solid form, its net weight, and in any other case, its net volume,

      • (B) the durable life date,

      • (C) the source of any food allergen or gluten present in the edible cannabis, except as a result of cross-contamination,

      • (D) sulphites that are present in the edible cannabis in an amount of 10 p.p.m. or more, and

      • (E) the nutrition facts table.

• Marginal note:Interpretation — information on panel

  (4) The information included on the panel must be shown in accordance with the provisions of these Regulations with respect to a label as if the panel were a label for the purposes of those provisions.

• Marginal note:Brand element

  (5) The panel must not display any brand element.

• Marginal note:Statement on location of information

  (6) The label of an immediate container in which a cannabis product is packaged and to which a panel is applied must include a statement that clearly indicates the location of any information required under these Regulations that is not included on the label.

• Marginal note:Image

  (7) The label referred to in subsection (6) may include an image that is printed in black and white and that provides instructions on how to open the panel.

• Marginal note:Information on exterior display surface

  (8) In addition to the information that is required under these Regulations, the label referred to in subsection (6) may include

  • (a) a bar code, in accordance with section 122;

  • (b) a brand element, in accordance with subsection (9); and

  • (c) an image, in accordance with subsection 130(10).

• Marginal note:Exception — brand element

  (9) Despite paragraphs 130(9)(d) and (e), a brand element included on a label that extends beyond the exterior display surface or on a label of a container to which a panel is applied must

  • (a) if the brand element is an image, be 1.27 cm by 1.27 cm in size or smaller; or

  • (b) if the brand element is text only, be in a type size that is 7 points or smaller.

Marginal note:Prohibited representation — health and cosmetic benefits

132.28 It is prohibited to make an express or implied representation, including by way of a brand element, on a cannabis product — or on the package of a cannabis product or on the label or panel of a container in which such a cannabis product is packaged — if there are reasonable grounds to believe that the representation could create the impression that health or cosmetic benefits may be derived from the use of the cannabis product.

Marginal note:Prohibited representation — energy value and amount of nutrient

• 132.29 (1) It is prohibited to make an express or implied representation, including by way of a brand element, on edible cannabis that is a cannabis product or on a cannabis accessory that contains edible cannabis and that is a cannabis product — or on the package of such a cannabis product or on the label or panel of a container in which such a cannabis product is packaged — concerning the energy value referred to in item 2 of the table to section 132.22 or the amount of any nutrient referred to in items 3 to 15 of that table or in items 5 to 37 of the table to section B.01.402 of the Food and Drug Regulations.

• Marginal note:Interpretation — nutrition facts table

  (2) For greater certainty, subsection (1) does not limit the application of paragraphs 132.18(1)(n) and 132.19(1)(i).

Marginal note:Prohibited representation — dietary requirements

132.3 It is prohibited to make an express or implied representation, including by way of a brand element, on edible cannabis that is a cannabis product or on a cannabis accessory that contains edible cannabis and that is a cannabis product — or on the package of such a cannabis product or on the label or panel of a container in which such a cannabis product is packaged — if there are reasonable grounds to believe that the representation could create the impression that the cannabis product is intended

• (a) to meet the particular dietary requirements of an individual

  • (i) who has a physical or physiological condition as a result of a disease, disorder or injury, or

  • (ii) for whom a particular effect, including weight loss, is to be obtained by a controlled intake of food; or

• (b) to meet the dietary requirements of young persons.