Currently, federal legislation does not
require grade information to appear on the label of prepackaged beef cuts or in
advertising. However, retailers may want to provide this type of information to
their customers. This "Information" bulletin is intended to assist
retailers and others who prepackage beef cuts for retail sale in providing this
information to consumers without offending the false and misleading provision
prescribed in Section 5(1) of the Food and Drugs Act.
The Livestock and Poultry
Carcass Grading Regulations established under the Canada Agricultural Products
Act do require that beef in the carcass, primal or sub-primal form
that is imported or shipped from a registered establishment be labelled with
the grade name of the carcass from which it was cut or, with the word
"ungraded". This requirement ensures that grade information is
available to all traders, including retailers. However, the manner in which
this grade information was provided in the past was not always meaningful and
even potentially misleading. As a result, revised grade information guidelines
were implemented in October of 1998 at all non-retail levels of trade.
To help ensure uniformity among all levels of trade, the retail labelling
guidelines have also been updated to reflect the changes referred to above.
These revised guidelines, which should be of assistance to retailers who want
to voluntarily provide beef grade information to consumers, are provided
below:
- Subject to item 2 below, the labelling or
advertising (including display signs) of retail cuts of beef
may include an indication of the grade name that was assigned
to the carcass from which it was cut by:
- a grading authority established under the
Canada Agricultural Products Act or a provincial law, or
- where the carcass was imported, a grading
authority of the country from which the carcass was imported.
- All grade declarations referred to in item 1
must be preceded by the words "Cut from" (e.g., "Cut from Canada A", or "Cut
from USDA
Choice").
- In the context of items 1 and 2 above, when retail
beef cuts are derived from carcasses of:
- one specific grade only, the label or
advertisement declaration must make reference to that specific grade
only (e.g., "Cut from
Canada AA" or "Cut from USDA
Choice");
- more than one grade, the label or advertisement
declaration must make reference to the lowest grade involved plus the words
"or higher" (e.g., "Cut from
Canada A or higher", or "Cut from USDA Select or
higher").
- Due to the above (item 3), former grade
information declarations on retail packages or in advertising such as "Cut
from Canada A/AA", "Cut from Canada A/AA/AAA" and "Cut from
Canada A Grades" are no longer acceptable.
- Grade information declarations on retail packages
or in advertising such as "Cut from Canada A/AA", "Cut from
Canada A/AA/AAA" and "Cut from Canada A"
advertisements generally are not acceptable unless the cuts
being advertised are:
- both available for purchase in separate displays
for the entire period the ad was in effect, or
- both are available at some time during the period
the ad was in effect. One could be available for part of the period and the
other available for the remaining part, or they could overlap. However, the
period of availability for each would have to be significant. If not, such an
ad may be deemed to be false and misleading. Under no circumstances would such
a declaration be allowed on the label of a prepackaged beef
cut.
- Similar or identical grade names have been
established by different countries for beef carcasses which are not of
equivalent quality to Canadian grades. To avoid consumer confusion, grade
names which do not include the name of the country which
established the grade must be accompanied by a declaration of the country
of origin. For example, while "A" is an Australian grade, the
appropriate retail declaration would be "Cut from Australian A
Grade".
- Retailers who sell more than one grade of beef
must ensure the accuracy of any grade labelling and advertising by
keeping the various graded and ungraded products separate during in-store
handling, processing, packaging, labelling and display. Accordingly, retailers
who make "Cut from [naming the grade]" declarations in relation
to beef cuts must be able to demonstrate the measures employed to
maintain the identity of these products from the time they are received until
they are offered for sale to consumers.
- Retailers who provide generic grade information in
mass media advertisements or on in-store display signs (e.g., "Our beef is cut from Canada A or
higher") must ensure that any ungraded beef which they also advertise or
offer for sale is properly identified as "Cut from ungraded beef".
Alternatively, grade information provided could be product specific.
In this respect, it should be noted that "Cut from [naming the
grade]" declarations are deemed to apply to intact muscle cuts and
not necessarily to ground beef and stewing type beef. However,
this type of grade information may be applied to such products ... if it is a
true declaration.
Please note that these guidelines may be subject to specific
provincial requirements that are currently in effect or may be
enacted.