12 replies to this topic

[foodmcc]

Hello, I have been trying to figure out whether a food kit with pre-packaged single serving snacks needs to have bilingual labeling?

-This is being imported from US and it is not being sold.

-The exemptions I have found do not apply to my scenario. See below.

Understanding the Safe Food for Canadians Regulations: A handbook for food businesses - inspection.canada.ca

 

19. The Safe Food for Canadians Act (SFCA) and SFCR do not apply to the following

• food carried on a conveyance, for example ferries, airlines, trains, for use by crew and passengers
• food intended and used for analysis, evaluation, research or exhibitions, weighing 100 kg or less, or in the case of eggs, is part of a shipment of five or fewer cases that are each intended to contain 30 dozen eggs
• food not sold for use as human food (for example pet food, cosmetics), and labelled as such
• foods imported from the United States onto the Akwesasne reserve, for use by a permanent resident of the reserve
• foods imported in bond (in transit) for use by crew and passengers of a cruise ship or military ship in Canada
• food inter-provincially traded between federal penitentiaries

Exemptions

As a general rule, information on the labels of the following foods may be in 1 official language only, when they meet the definitions and specific conditions outlined in the text that follows:

• specialty foods
• local foods
• test market foods

 

I have found that the Consumer Packaging and Labelling Regulations C.R.C., c. 417, Consumer Packaging and Labelling Act states an exemption for product not being sold however I do not think this applies to food products just other consumer products.

 

Exemptions from All Provisions of the Act

• 3 (1) Prepackaged products that are produced or manufactured for commercial or industrial enterprises or institutions for use by such enterprises or institutions without being sold by them as prepackaged products to other consumers are exempt from all the provisions of the Act.

• Consumer Packaging and Labelling Regulations

 

Does anyone have experience with this? 

Thanks...

[Scampi]

that's a sticky wicket

 

what is it intended for and what province?

[foodmcc]

Thanks Scampi, it is confusing for sure.

It is distributed as snack kits by a company for their delivery drivers. I'm not sure what province, it may be more than one, I can find out.

[Scampi]

ok   there was a similar thread here for giveaways made in the states but for a Canadian race giveaway      will most likely legally still require bilingual labels even though it's not being sold  i'll see if I can find the thread

[Scampi]

found it

https://www.ifsqn.co...ay-at-an-event/

 

 

FYI it also needs to come from a facility with a PRP AND the proper import/export certificates issued

[foodmcc]

Thank you Scampi for being so helpful. I know you are a top contributor on here and I appreciate your feedback.

 

I already have a license for import to Canada, and to do that I have my PCP reviewed.  I actually have to renew my license this year.

 

I do think your regulations are easier to read/ follow than USFDA.

 

Under this link Food products that require a label - inspection.canada.ca

 

It lists exemptions for food not being sold, do you think this doesn't apply or I am misinterpreting?  

I reached out to CFIA...not sure if they will directly answer, a lot of times they just follow up with regulations that are open to interpretation.

Exemptions from specific labelling requirements under the Safe Food for Canadians Regulations for certain consumer prepackaged foods

Certain consumer prepackaged foods are exempt from specific labelling provisions and standard container sizes under the SFCR. These consumer prepackaged foods are those that are [188(3), 299, SFCR]:

• manufactured, prepared, produced, packaged or labelled for use by commercial or industrial enterprises or institutions without being sold by them
• manufactured, prepared, produced, packaged or labelled only for sale to or by a duty-free shop, or
• distributed to 1 or more persons for no consideration (such as free samples distributed without exchange of money or other compensation)

[Scampi]

Ah, I do see what you are referring 

 

You're NOT selling this product AT ALL?  no sale consideration of any kind?

 

You're company is essentially donating this product?

[foodmcc]

My company is performing the service of making these snack kits and importing them, then they are freely distributed to the our clients workers.

[Scampi]

but your client is paying for them?

[foodmcc]

The product was purchased in the US. Then assembled into kits. The kits are being imported and the freely distributed in CA with no exchange of money.

[Scampi]

Then yes, it should not require bilingual labelling as per the exemptions

[AnnaWimtyr]

Hello, I have been trying to figure out whether a food kit with pre-packaged single serving snacks needs to have bilingual labeling?

-This is being imported from US and it is not being sold.

-The exemptions I have found do not apply to my scenario. See below.

Understanding the Safe Food for Canadians Regulations: A handbook for food businesses - inspection.canada.ca

 

19. The Safe Food for Canadians Act (SFCA) and SFCR do not apply to the following

• food carried on a conveyance, for example ferries, airlines, trains, for use by crew and passengers
• food intended and used for analysis, evaluation, research or exhibitions, weighing 100 kg or less, or in the case of eggs, is part of a shipment of five or fewer cases that are each intended to contain 30 dozen eggs
• food not sold for use as human food (for example pet food, cosmetics), and labelled as such
• foods imported from the United States onto the Akwesasne reserve, for use by a permanent resident of the reserve
• foods imported in bond (in transit) for use by crew and passengers of a cruise ship or military ship in Canada
• food inter-provincially traded between federal penitentiaries

Exemptions

As a general rule, information on the labels of the following foods may be in 1 official language only, when they meet the definitions and specific conditions outlined in the text that follows:

• specialty foods
• local foods
• test market foods

 

I have found that the Consumer Packaging and Labelling Regulations C.R.C., c. 417, Consumer Packaging and Labelling Act states an exemption for product not being sold however I do not think this applies to food products just other consumer products.

 

Exemptions from All Provisions of the Act

• 3 (1) Prepackaged products that are produced or manufactured for commercial or industrial enterprises or institutions for use by such enterprises or institutions without being sold by them as prepackaged products to other consumers are exempt from all the provisions of the Act.

• Consumer Packaging and Labelling Regulations

 

Does anyone have experience with this? 

Thanks...

The CPLA exemption might apply but SFCR bilingual rules are separate. Contact CFIA directly for a written opinion, it protects you if questioned later

[Scampi]

The bilingual rules in Canada apply to food stuff in commerce.  They would not apply in this instance