Enforcement guidelines
October 1, 1999
-
Copyright and permission to reproduce
This publication is not a legal document. It is intended to provide general information and is provided for convenience. To learn more, please refer to the full text of the Acts or contact the Competition Bureau.
For information on the Competition Bureau's activities, please contact:
Information Centre
Competition Bureau
50 Victoria Street
Gatineau QC K1A 0C9Telephone: 819‑997‑4282
Telephone (toll-free in Canada): 1‑800‑348‑5358
TTY (for hearing impaired): 1‑866‑694‑8389
Fax: 819‑997‑0324
Website: www.competitionbureau.gc.caThis publication can be made available in alternative formats upon request. Contact the Competition Bureau's Information Centre at the numbers listed above.
Permission to reproduce
Except as otherwise specifically noted, the information in this publication may be reproduced, in part or in whole and by any means, without charge or further permission from the Competition Bureau, provided that due diligence is exercised in ensuring the accuracy of the information reproduced; that the Competition Bureau is identified as the source institution; and that the reproduction is not represented as an official version of the information reproduced or as having been made in affiliation with, or with the endorsement of, the Competition Bureau.
For permission to reproduce the information in this publication for commercial purposes, please fill out the Application for Crown Copyright Clearance or contact the ISED Citizen Services Centre mentioned below.
ISED Citizen Services Centre
Innovation, Science and Economic Development Canada
C.D. Howe Building
235 Queen Street
Ottawa, ON K1A 0H5
CanadaTelephone (toll-free in Canada): 1‑800‑328‑6189
Telephone (international): 613‑954‑5031
TTY (for hearing impaired): 1‑866‑694‑8389
Business hours: 8:30 a.m. to 5:00 p.m. (Eastern Time)
Email: ISED@ised-isde.gc.ca© Her Majesty the Queen in Right of Canada, as represented by the Minister of Industry, 1999.
Aussi offert en français sous le titre Guide de la Loi et du Règlement sur l'emballage et l'étiquetage des produits de consommation.
Table of contents
- Introduction
- 1. Exemptions
- 2. Definitions
- Labelling
- Packaging
- Cosmetics
- Pet foods
Introduction
This guide provides an outline to the packaging and labelling requirements for prepackaged non‑food consumer products subject to the federal Consumer Packaging and Labelling Act and the Consumer Packaging and Labelling Regulations. The full text of the Act and Regulations should be consulted for a more detailed understanding of these provisions.
The administration and enforcement of the Act and Regulations, as they relate to non‑food products, is the responsibility of the Competition Bureau, Industry Canada. Administration and enforcement of the Act and Regulations, as it relates to food products, is the responsibility of the Canadian Food Inspection Agency (CFIA). For information on the labelling of food products, contact the CFIA at 1‑800‑442‑2342.
For further clarification of the requirements, contact the Competition Bureau:
Information CentreCompetition Bureau
Industry Canada
50 Victoria Street
Gatineau, QC K1A 0C9
Tel. : 819‑997‑4282
Toll free: 1‑800‑348‑5358
TTY (hearing impaired): 1‑866‑694‑8389
Fax: 819‑997‑0324
Fax on demand: 819‑997‑2869
Web site: www.competitionbureau.gc.ca
Enquiries/Complaints
1. Exemptions
Subsection 3(2) Act Section 3 Regulations
The following products are exempt from all requirements of the Consumer Packaging and Labelling Act and Regulations:
Product | Section Reference |
---|---|
drugs and medical devices | Act 3(2) |
commercial, industrial, or institutional use only products | Regs 3(1) |
products for export only | Regs 3(2) |
products sold only to a duty‑free store | Regs 3(2) |
prepackaged textile articles | Regs 3(3) |
replacement parts for consumer durables (cars, appliances) if not displayed to consumer |
Regs 3(4) |
certain artists supplies | Regs 3(5) |
2. Definitions
2.1 Container
Section 2 Act
The term "container" means a receptacle, package, wrapper or confining band in which a product is offered for sale but does not include package liners or shipping containers or any outer wrapping or box that is not customarily displayed to the consumer.
2.2 Dealer
Section 2 Act
The "dealer" is the person who is a retailer, manufacturer, processor or producer of a product, or a person who is engaged in the business of importing, packing or selling a product.
2.3 Label
Section 2 Act
A "label" is any label, mark, sign, device, imprint, stamp, brand, ticket or tag.
2.4 Prepackaged product
Section 2 Act
The term "prepackaged product" means any product that is packaged in a container in such a manner that it is ordinarily sold to or used or purchased by a consumer without being re‑packaged.
2.5 Principal display panel
Section 2 Regulations
The term "principal display panel" means,
- 2.5.1 in the case of a container that is mounted on a display card, that part of the label applied to all or part of the principal display surface of the container or to all or part of the side of the display card that is displayed or visible under normal or customary conditions of sale or use or to both such parts of the container and the display card,
- 2.5.2 in the case of an ornamental container, that part of the label applied to all or part of the bottom of the container or to all or part of the principal display surface or to all or part of a tag that is attached to the container, and
- 2.5.3 in the case of all other containers, that part of the label applied to all or part of the principal display surface.
2.6 Principal display surface
Section 2 Regulations
The term "principal display surface" means,
- 2.6.1 in the case of a container that has a side or surface that is displayed or visible under normal or customary conditions of sale or use, the total area of such side or surface excluding the top, if any,
- 2.6.2 in the case of a container that has a lid that is the part of the container displayed or visible under normal or customary conditions of sale or use, the total area of the top surface of the lid,
- 2.6.3 in the case of a container that does not have a particular side or surface that is displayed or visible under normal or customary conditions of sale or use, any 40% of the total surface area of the container, excluding the top and bottom, if any, if such 40% can be displayed or visible under normal or customary conditions of sale or use,
- 2.6.4 in the case of a container that is a bag with sides of equal dimensions, the total area of one of the sides,
- 2.6.5 in the case of a container that is a bag with sides of more than one size, the total area of one of the largest sides, and
- 2.6.6 in the case of a container that is a wrapper or confining band that is so narrow in relation to the size of the product contained that it cannot reasonably be said to have any side or surface that is displayed or visible under normal or customary conditions of sale or use, the total area of one side of a ticket or tag attached to such container.
Labelling
1. False and misleading representations
Section 7 Act
Section 7 of the Act prohibits false and misleading representations relating to prepackaged products. All information on a package, whether in symbols or words, must be neither false nor misleading to the consumer.
Misleading representations can come in many forms. These include, but are not limited to, the following:
1.1 Net quantity representations
Subsections 7(2)(a), 7(3) Act Sections 38, 39(4), Schedule I Regulations
Any representation which gives the impression that a package contains more product than is actually contained in it may be a violation of this section.
- Misleading Pictorial Representations
For example, a package that is correctly labelled as containing 4 plastic place mats that also has a picture of a table setting with 6 plastic place mats may, without further qualification, be in violation of the Act. - Qualifying Statements
Any representations which may reasonably be regarded as qualifying the net quantity of a product, for example "Family sized litre", may be in violation of the Act. - Incorrect Net Quantity Declaration
The actual contents of packages must not be less, on average, than the declared net quantity. In addition, only a limited number of packages are allowed to contain less than declared quantity by more than the prescribed tolerance which is set out in Schedule I of the Consumer Packaging and Labelling Regulations. Detailed information on the accuracy requirements for net quantity determination is available from the Competition Bureau, Industry Canada.
1.2 Product composition representations
Any representation which deceives a consumer with respect to the composition of a product may be a violation of this section.
- Included Substances
A prepackaged product should not claim that it contains a substance when in fact it does not. For example, if the label on a product claims that it "contains lemon" when it contains no lemon, then the label may be found to be misleading. - Excluded Substances
A prepackaged product may not claim that it does not contain a substance when it actually does. This same product label may also claim that it contains "no irritants". If it can be shown that the product contains a known irritant, then the label may be found to be misleading.
1.3 Other descriptions or illustrations
The product must conform with any other claims made which may, for example, relate to its type, quality, performance, function, origin, or method of manufacture. Some examples of claims include:
- Quality
- Refurbished telephones being represented as "new"
- Method of Manufacture
- A product being represented as "hand made"
- Origin
- "Made in Canada"
- Function
- Environmental claims such as biodegradable, recyclable
- Performance
-
- A product which claims to improve gas mileage in a car
- Minimum system requirements to run a software package
- Freezing point of windshield washer antifreeze
- Capacity
- A 2 litre kettle
2. Mandatory label information
Section 10 Act
There are three mandatory statements which must be shown on a label. The regulations specify the manner and location in which the following statements must appear:
- product identity
- product net quantity
- dealer's name and principal place of business
Example of Liquid and Viscous Products with Mandatory Label Information:
- Product Identity Declaration
- Net Quantity Declaration
- Dealer Name and Place of Business
2.1 Product identity declaration
The product identity declaration is a statement of the product's common or generic name, or it may be defined in terms of its function.
2.1.1 Definition
Section 10 Act Section 30 Regulations
The product indentity declaration is a statement of the product's common or generic name, or it may be defined in terms of its function.
2.1.2 Language
Subsection 6(2) Regulations
The product identity must be shown in English and French. In some cases a product identity declaration is bilingual in and of itself, such as "cologne" or "serviettes".
2.1.3 Location
Section 12 Regulations
The product identity must be shown on the "principal display panel" of the package. Refer to Section 2.5 for the definition.
Where there are two or more principal display surfaces that are of equal size and prominence as the principal display panel, the product identity and net quantity declarations can be shown in only one of the official languages on one surface if such information is shown in the other official language on one of those other surfaces.
2.1.4 Type face
Section 15 Regulations
There is no restriction on the type face which may be used. However, this information must be easily legible to the consumer.
2.1.5 Type height
Sections 14, 15 & 16 Regulations
The type height must be a minimum of 1.6 mm (1/16 inch) where upper case letters only are used. If upper and lower case, or only lower case letters are used, the type height should be measured in relation to the lower case "o". For example, whether the product identity is shown as "Shampoo", "Shampoo" or "shampoo", the type height for the letter "o" must be a minimum of 1.6 mm.
In certain cases, where the container has a principal display surface of 10 square centimetres (1.55 square inches) or less, the minimum type height may be reduced to 0.8 mm (1/32 inch). Refer to section 16 of the Regulations for details.
2.1.6 Exemptions
Subsections 5(1) & 5(3) Regulations
Under certain conditions, when the product is usually sold by count and is packaged in such a way that it is visible and identifiable, or the label has an accurate pictorial representation of the package contents, an exemption from declaring the product identity may apply. Please refer to subsections 5(1) and 5(3) of the Regulations for details.
2.2 Net quantity declaration
2.2.1 Manner of declaring
Subsection 4(1) Act Sections 21, 22, 23 & 36 Regulations
Generally the net quantity should be expressed:
- in metric units of volume, when the product is a liquid, a gas, or is viscous; or
- in metric units of weight, when the product is solid; or
- by numerical count when the product is sold by individual units.
However, if there exists an established trade practice with respect to the manner of declaring the net quantity, it must be expressed in accordance with such established trade practice.
Example of Product Sold by Length:
- Product Identity Declaration
- Net Quantity Declaration
- Dealer Name and Place of Business
Where a product is declared by count, and the package contains only one unit, the net quantity may be considered declared by the product identity declaration in its singular form. Where this option is exercised, it is advisable to display the product identity using the minimum type height specified for the net quantity declaration (Please refer to Table 1).
Example of Label for a Product not Requiring Net Quantity Declaration:
- Product Identity Declaration
- Dealer Name and Place of Business
Certain exceptions to these general rules are also prescribed by the Regulations:
- the net quantity of aerosols are declared by weight (propellant + ingredients). Refer to section 22(1) of the Regulations.
Example of Aerosol Label:
- Product Identity Declaration
- Net Quantity Declaration
- Dealer Name and Place of Business
- the net quantity of certain bidimensional products ( i.e. wrapping paper, toilet tissue, etc. ) are declared by number of rolls or sheets, length and width, area, and number of plys or perforated units where applicable. Refer to subsections 23(1) and 23(2) of the Regulations for details.
Examples of Labels for Products Sold by Sheets and Rolls:
- Product Identity Declaration
- Net Quantity Declaration
- Dealer Name and Place of Business
The use of an additional non‑metric quantity declaration is permitted providing that it is not false or misleading to the consumer.
2.2.2 Language
Subsection 6(2) Regulations
The net quantity declaration must be in English and French. Please note that a net quantity declaration using only numbers and metric symbols is considered bilingual.
2.2.3 Location and manner of presentation
Subsection 4(2) Act Sections 12 & 17 Regulations
The net quantity declaration must be displayed clearly and prominently on the "principal display panel" (refer to Section 2.5 for definition) of the label and must be easily legible and in distinct contrast to any other information or representation shown on the label. See also Section 2.1.3.
Example of Label on Principal Display Panel:
- Product Identity Declaration
- Net Quantity Declaration
- Dealer Name and Place of Business
2.2.4 Type face
Section 14 Regulations
The numerical portion of the net quantity declaration must be in bold face type. There is no restriction on type face for any other information included in the net quantity declaration (i.e. units of measurement statements, abbreviations, symbols, etc.) However, this information must be easily legible to the consumer.
2.2.5 Type height
Section 14 Regulations
The numerical portion of the net quantity declaration must have a type height not less than the minimum size outlined in Table 1.
Area of Principal Display Surface* | Minimum Type Height |
---|---|
*Refer to Section 2.6. | |
Not more than 32 cm2 (5 in2) | 1.6 mm (1/16 in) |
More than 32 cm2 (5 in2) but not more than 258 cm2 (40 in2) | 3.2 mm (1/8 in) |
More than 258 cm2 (40 in2) but not more than 645 cm2 (100 in2) | 6.4 mm (1/4 in) |
More than 645 cm2 (100 in2) but not more than 25.8 dm2 (400 in2) | 9.5 mm (3/8 in) |
More than 25.8 dm2 (400 in2) | 12.7 mm (? in) |
All other information in this declaration must have a type height of not less than 1.6 mm (1/16 inch) where upper case letters only are used. If upper and lower case, or only lower case letters are used, the type height should be measured in relation to the lower case "o".
2.2.6 Units
Section 27 Regulations
The use of a word or symbol for the unit of measurement is acceptable. To ensure uniformity, the following table has been provided. Column 1 of Table 2 shows the correct spelling of the unit of measurement in English and French. Column 2 shows the acceptable symbol. Note that the symbols are considered bilingual. However, if a word is used (e.g. gram), then it is necessary to show the equivalent word (gramme) in French.
English | French | Symbol |
---|---|---|
gram | gramme | g |
kilogram | kilogramme | kg |
litre | litre | L, l, l |
millilitre | millilitre | mL, ml, ml |
centimetre | centimètre | cm |
metre | mètre | m |
square centimetre | centimètre carré | cm2 |
square metre | mètre carré | m2 |
cubic centimetre | centimètre cube | cm3 |
cubic decimetre | décimètre cube | dm3 |
cubic metre | mètre cube | m3 |
* the use of the symbols "L" and "mL" is preferred.
- except for the litre symbol "L", the symbols must be shown in lower case letters as shown in Table 2. Also, neither a period nor the letter "s" may be used after any of the symbols.
Examples: Correct Incorrect g g. g G g gm g gms - a single space should be used to separate the number from the unit of measurement.
Examples: Correct Incorrect Incorrect 500 g 500g 500 g - it is not necessary to use phrases such as "net", "net weight", "net contents" or "net quantity" as part of the net quantity declaration. When such terms are used however, it is preferable that they appear in both English and French.
The type of unit which should be used depends on the net quantity of product. Table 3, which follows, indicates the correct unit to use for a variety of measures and sizes.
Type of Measure | Net Quantity of Product | Units |
---|---|---|
volume | less than 1000 mL | mL, ml, ml |
1000 mL or more | L , l, l | |
weight | less than 1000 g | g |
less than 1000 g (catchweights or product prepackaged from bulk at retail) | g or decimal of a kg | |
1000 g or more | kg | |
length | less than 100 cm | cm or mm |
100 cm or more | m | |
area | less than 100 cm2 (1 dm 2) | cm2 |
1 dm2 or more but less than 100 dm2 (1 m2) | dm2 | |
1 m2 (100 dm2) or more | m2 | |
cubic | less than 1000 cm3 (1 dm3) | cm3 |
1 dm3 or more but less than 1000 dm3 (1 m3) | dm3 | |
m3 (1000 dm3) or more | m3 |
2.2.7 Precision of number
Sections 25 & 26 Regulations
In general, the number used must be shown to three figures in the decimal system. Any final zeros to the right of the decimal point, however, need not be expressed. There are three exceptions permitted:
- quantities below 100 grams, millilitres, cubic centimetres, square centimetres, or centimetres may be shown to two figures. Any final zeros to the right of the decimal point similarly need not be expressed.
Examples: Correct Permissible Incorrect 454 g 85.1 g 53.592 g 85 g 85.05 g - if the quantity is less than one, it may be shown in either the decimal system with the figure zero preceding the decimal point, or in words.
- a specific variation of (b) permits 500 grams and 500 millilitres to be shown as being one‑half kilogram and one‑half litre respectively. These declarations may also be declared in decimal figures or in words.
500 grams may be shown correctly as:
500 g
0.5 kg
one‑half kilogram
one‑half kg500 millilitres may be correctly shown as:
500 mL
0.5 L
one‑half litre
one‑half L
Rounding off numbers — Where it is necessary to round‑off the metric declaration to the specified number of figures, the procedure is as follows:
- When the first digit discarded is less than five, the last digit retained should not be changed. For example, to round the quantity 984.3 to three figures, the figure 3 to the right of the decimal point must be discarded and since it is less than five the last digit to be retained (the figure "4") will remain unchanged. The rounded‑off number will read 984. The same rationale applies to numbers under 100 (for example 68.4 and 7.34) which may be declared to two figures; again the final digit is dropped and the last digit retained remains unchanged so that the "rounded‑off" numbers become 68 and 7.3 respectively.
- When the first digit to be discarded is exactly five, followed only by zeros, the final digit to be shown should be rounded up if it is an odd number, but no adjustment made if it is an even number.
Example:
- 984.50 becomes 984
- 985.50 becomes 986
- 68.50 becomes 68
- 7.450 becomes 7.4
- 7.550 becomes 7.6
- When the first digit to be discarded is greater than five, or it is a five followed by at least one digit other than zero, the last digit to be retained should be increased by one unit.
Example:
- 984.7 becomes 985
- 984.51 becomes 985
- 68.6 becomes 69
- 6.88 becomes 6.9
Note: Dealers are advised that when the value is rounded up, there may be a need to increase the package contents to meet the new declared quantity.
2.2.8 Exemptions
Subsections 5(2), 5(3) & 19(2) Regulations
A prepackaged non‑food product that is visible, identifiable and sold by count, may be exempted from the net quantity declaration. Similarly, a non‑food product that is normally sold by count and is packaged as a set, may be exempt from the net quantity declaration if there is an accurate pictorial representation of the product's contents on the principal display panel. Please refer to sections 5(2) and 5(3) of the Regulations for details.
Examples of Visible, Identifiable, and Easily Counted Products:
- Product Identity Declaration
- Dealer Name and Place of Business
Non‑food prepackaged products that are packaged from bulk on a retail premise with the net quantity of the product shown clearly on the principal display panel of the label in terms of a Canadian unit, are exempt from the metric net quantity declaration and size of type requirements. Please refer to section 19(2) of the Regulations for details.
2.3 Dealer's name and principal place of business
2.3.1 Definition
Section 10 Act
A declaration showing the identity and principal place of business of the person by or for whom the prepackaged product was manufactured or produced for resale is required. This is interpreted to mean a name and address sufficient for postal delivery.
2.3.2 Language
Subsection 6 (2) Regulations
The dealer's name and principal place of business may be shown in either English or French.
2.3.3 Location
Section 13 Regulations
This declaration can be located anywhere on the outside surface of the package except the bottom.
2.3.4 Type face
Section 15 Regulations
There is no restriction on the type face which must be used, but it must be easily legible to the consumer.
2.3.5 Type height
Section 15 Regulations
Must be a minimum of 1.6 mm (1/16 inch) when upper case letters only are used. If upper and lower case, or only lower case letters are used, the type height should be measured in relation to the lower case "o".
2.3.6 Imported goods
Section 31 Regulations
Where a prepackaged product is wholly manufactured or produced in a country other than Canada, the application of any one of the following formats will satisfy the requirements of the Regulations:
- the name and address of a Canadian dealer preceded by the words "imported by/ importé par" or "imported for/importé pour"; or
- the statement of geographic origin located immediately adjacent to the name and address of a Canadian dealer; or
- the name and address of the dealer outside Canada.
Example of Label for an Imported Product:
- Product Identity Declaration
- Net Quantity Declaration
- Dealer Name and Place of Business
(a) Bulk imports
Where a product is wholly produced in a country other than Canada, imported into Canada in bulk, packaged in Canada (other than by a retailer) and then labelled, it must be labelled in the same manner as described in any one of the above formats.
(b) Country of origin marking
Country of origin marking is not a requirement of the Consumer Packaging and Labelling Act, however, the Canada Border Services Agency requires a country of origin marking on specific goods. For further information, prospective importers should contact their local customs office. A listing of the customs offices can be found on the Canadian Border Services Agency.
2.3.7 Other
Subsection 31(1) Regulations
Where any reference, direct or indirect, is made on a label to the place of manufacture or printing of the label or container and not to the place of manufacture of the product, the reference must be accompanied by an additional statement indicating that the place of manufacture refers only to the label or container.
2.4 General exemptions
2.4.1 Bilingual labelling
Section 6 Regulations
Subsection 6(2) of the Consumer Packaging and Labelling Regulations requires that "all" mandatory label information be shown in English and French except the dealer's name and address which can appear in either language.
Any label information in addition to the mandatory requirements discussed above (i.e. directions for use, promotional statements, etc.) does not have to appear in a bilingual manner. Dealers are, however, encouraged to include such information in English and French.
Limited exemptions from the bilingual labelling requirement are provided in subsections 6(3) and 6(7) of the Regulations for test market products (temporary exemption of up to one year; see Section 2.4.2 below), local products, and specialty products. In such instances, the applicable mandatory label information may appear in either official language.
Subsection 6(9) of the Regulations provides an exemption from the bilingual labelling requirements when the product requires knowledge of a language for its proper use (i.e. greeting cards, books, talking toys, and games). The label information for these products may be displayed in the language appropriate to the use of the product.
The province of Quebec has additional requirements concerning the use of the French language on all products marketed within its jurisdiction. Information on these requirements may be obtained from the:
Office de la langue française
125 Sherbrooke Street West
Montreal, Quebec
H2X 1X4
Telephone: 514‑873‑6565
Toll free: 1‑888‑873‑6202
2.4.2 Test market products
Section 6 Regulations
Under certain conditions, products considered to be "test market products", as defined by the Regulations, may be exempted for up to one year from the bilingual labelling requirements. In order to qualify for such an exemption, the dealer who intends to conduct the test marketing must ensure that:
- the product in question has not been previously sold in Canada;
- the product differs substantially from any other sold in Canada with respect to composition, function, state or packaging form;
- the existing labelling on the product complies with the detailed requirements of the legislation, except for those provisions related to bilingual labelling and container standardization.
(a) Notice of intention
In addition, the dealer must file a notice of intention to:
Deputy Commissioner of Competition
Competition Bureau, Deceptive Marketing Practices Directorate
Place du Portage, Phase I
50 Victoria Street
Gatineau, Quebec, K1A 0C9
A notice of intention must include the following:
- A description of the prepackaged product together with a sample, or an illustration of the package and the label.
- The number of products to be distributed.
- The proposed period of time for test marketing (up to one year) and the proposed commencement date.
- The geographic area or region in which the test market is to be conducted.
- Information with supporting data, to verify that the product was not previously sold in Canada in that form and to establish that it differs substantially from any other product sold in Canada with respect to its composition, function, state, or packaging form.
Following receipt of the "Notice of Intention", Bureau officials will evaluate the information and render an opinion as to whether or not the proposed test market product and plan are in accordance with the requirements of the Regulations. The applicant will then receive a letter outlining the Bureau's opinion and providing further guidance on proceeding with the testmarket or on correcting existing labels.
Products failing to meet the requirements for the test market exemption are most often not "substantially different" or do not comply with the detailed requirements of the regulations other than those provisions related to bilingual labelling. It is the Bureau's position that slight changes in product formulation or package design would not qualify the product as being substantially different. New, unique products or products which are packaged in unique delivery systems are often considered to be substantially different.
In cases where the Bureau is of the opinion that a product satisfies the regulations respecting test marketing, dealers are advised that during the one year period of test marketing, distribution of the product must be limited to local government units where the official language used on the label is the mother tongue of at least 10 percent of the total number of persons residing in the unit and where the other official language is the mother tongue of less than 10 percent of the total number of persons residing in the same local government unit.
In many circumstances, dealers investigating the possibility of a test market exemption are seeking a means of importing unilingually labelled products for a short period of time in order to test the potential demand for the product before undertaking to re‑design the labels to meet the Canadian regulations. However, due to the fact that in most cases it is only the mandatory product identity and net quantity declarations which must be shown in French and English, dealers have the option of providing the additional information by applying pressure sensitive stickers bearing the proper translation. This alternative would bring the packages into compliance with the regulations and eliminate the need for the above‑mentioned test market procedure and its inherent restrictions. Dealers considering this alternative may wish to check with the Bureau for further guidance on proposed label changes.
2.4.3 Exemption from the detailed labelling requirements
Subsection 4 (1) Regulations
Prepackaged products that are subject to the labelling requirements of the Feeds Act, Fertilizers Act, Pest Control Products Act or the Seeds Act are exempt from the detailed labelling requirements (sections 4, 5, 6, 8 and 10) of the Consumer Packaging and Labelling Act.
To obtain information concerning the labelling requirements for products under the Feeds Act, Fertilizers Act or Seeds Act, contact the Agriculture and Agri‑Food Canada office in your area or the head office in Ottawa at 613‑952‑8000.
To obtain information concerning the labelling requirements for products under the Pest Control Products Act, contact the Pest Management Regulatory Agency of Health Canada in Ottawa at 1‑800‑267‑6315 within Canada and 1‑613‑736‑3799 outside Canada (long distance charges apply).
Packaging
1. Fill level
Section 9 Act
Packages must be filled in such a manner that a consumer may not reasonably be misled with respect to the quantity of product it contains.
2. Package design and display
Section 9 Act
Packages must be manufactured, constructed, or displayed in such a manner that a consumer is not misled with respect to the quality or quantity of product it contains.
3. Standard package sizes
Section 36 Regulations
The Regulations prescribe standardized container sizes only for wine, peanut butter, glucose syrup and refined sugar syrup. Complete information concerning the labelling of prepackaged food products may be obtained from the Canadian Food Inspection Agency office in your area or from the head office in Ottawa at 1‑800‑442‑2342.
Cosmetics
Cosmetic products are subject to the requirements of the Cosmetic Regulations under the Food and Drugs Act, as well as the Consumer Packaging and Labelling Act. For further information regarding the Cosmetics Regulations, contact the office of the Consumer Product Safety Bureau, Health Canada in your area.
Pet foods
The Competition Bureau is responsible for the administration of the Consumer Packaging and Labelling Act and Regulations regarding all consumer pet food products.
Foreign dealers exporting consumer pet food containing animal and/or plant products to Canada are reminded that an original official zoosanitary export certificate is required under the Animal Disease and Protection Act administered by the Canadian Food Inspection Agency (CFIA). For further information or assistance in regard to the export certificate, dealers should contact the CFIA office in their area or the following:
Chief, Imports
Animal Health Section
Animal Health and Production Division
Animal Products Directorate
Canadian Food Inspection Agency
59 Camelot Drive
Camelot Court Building
Nepean, Ontario, K1A 0Y9
Telephone: 613‑225‑2342
Fax: 613‑228‑6631
Dealers are also advised that all containers for certified and imported inedible meat shipments destined for further processing in Canada have to be labelled in accordance with the requirements of the Meat Inspection Act and Regulations. For further information in this regard, contact the Canadian Food Inspection Agency office in your area or the following:
Chief, Import Program
Food of Animal Origin Division
Animal Products Directorate
Canadian Food Inspection Agency
59 Camelot Drive
Camelot Court Building
Nepean, Ontario, K1A 0Y9
Telephone: 613‑225‑2342
Fax: 613‑228‑6636