Exemptions under the Test Marketing Provision of the Fresh Fruit and Vegetable Regulations

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Table of Contents

The Fresh Fruit and Vegetable Regulations contain provisions to allow for the granting of exemptions in order to test market new product standards for the grading, packaging and marking of these products prior to a regulatory amendment.

Test Marketing

2.3 (1) Where any produce, or a container or label thereof, does not meet the requirements of these Regulations, a dealer may apply in writing to the Minister for an exemption from the requirements of these Regulations to test market the produce.

(2) The Minister may, in writing, authorize the dealer to test market the produce for a period of up to 24 months, where:

(a) the Minister is satisfied, based on information available to the Minister, that the test market for that produce is valid; and

(b) the dealer provides the Minister with evidence that:

(i) the container to be used is suitable for the produce,

(ii) the labelling of the container is not misleading as to the nature, quantity, quality, composition, character, safety, value, variety or origin of the produce, and

(iii) the produce meets the requirements of section 3.1.

These test marketing provisions would provide the opportunity to evaluate new marketing ideas on the marketplace prior to making permanent regulatory amendments. If the test market is successful, the Regulations would be amended. Test marketing provisions facilitate the introduction of, among other things, modifications to grade requirements, package sizes, etc. into the marketplace and provides an opportunity to assess consumer acceptance and market impact.

Test Marketing List – Updated October 2016

All the following Test Markets are applied on a national basis
Table Summary

This table charts the products, the starting date, the nature of the test market and the status.

Product Starting Date Nature of Test Market Status
Apples 29 November 1996 Test Market will allow tags on apple bags printed with the mandatory information required under the Fresh Fruit and Vegetable Regulations (i.e., grade, diameter size range, variety, country of origin, registration number). Mandatory information required by other legislation, such as the Food and Drug Regulations or Consumer Packaging and Labelling Regulations, must be declared on the bag as prescribed by that legislation This Test Market has been accepted and will be incorporated into the Fresh Fruit and Vegetable Regulations. Meanwhile, the Test Market will continue until the regulatory amendment is promulgated.
Apples 06 June 1997 Test Market will exempt watercore requirements for Fuji variety of apples and harmonize Canadian and U.S. Standards for watercore. This Test Market has been accepted and will be incorporated into the Fresh Fruit and Vegetable Regulations. Meanwhile, the Test Market will continue until the regulatory amendment is promulgated.
Apples 06 October 1997 Test Market will amend paragraph 5.(2)(a) of the Fresh Fruit and Vegetable Regulations to allow maximum container capacity for apples to be 200 kg net weight. This Test Market has been accepted and will be incorporated into the Fresh Fruit and Vegetable Regulations. Meanwhile, the Test Market will continue until the regulatory amendment is promulgated.
Apples 02 December 2002 Test Market will allow the marketing of "Lady" apples or other such apple varieties used for ornamental purposes, with a diameter of two inches and less. This Test market has been accepted and will be incorporated into the Fresh Fruit and Vegetable Regulations. Meanwhile, the Test Market will continue until the regulatory amendment is promulgated.
Apples 07 June 2004 Test Market will amend subsection 5.(2) of Schedule I, Part I to permit the marketing of Canada Extra Fancy and Canada Fancy apples of different varieties in containers not exceeding 20 kg. This Test Market has been accepted and will be incorporated into the Fresh Fruit and Vegetable Regulations. Meanwhile, the Test Market will continue until the regulatory amendment is promulgated.
Apricots 07 June 2004 Test Market will amend paragraph 5.(2)(a) of the Fresh Fruit and Vegetable Regulations to allow for maximum container capacity for apricots to be 200 kg net weight. This Test Market has been accepted and will be incorporated into the Fresh Fruit and Vegetable Regulations. Meanwhile, the Test Market will continue until the regulatory amendment is promulgated.
Beets 01 June 2010 Test Market will amend Item 1 of Table I of Schedule II of the Fresh Fruit and Vegetable Regulations to introduce a three (3) pound (1.36 kg) standard container size for beets. Test Market ongoing
Beets 24 October 2016

Test Market will amend paragraph 11(b) of Schedule I, Part II of the Fresh Fruit and Vegetable Regulations to allow beets of various colours to be packaged together.

The paragraph will read: (changes in bold)
11. In addition to the standards for each grade and subject to the general tolerances set out in sections 14 and 15, beets of all grades shall
(b) have similar varietal characteristics, or be in accordance with the variety or colour marked on the container or on the label;

Test Market ongoing
Blueberries 24 July 2000 Test Market will amend paragraph 2.1(2)(c.1) of the Fresh Fruit and Vegetable Regulations exempting blueberries for processing from the Regulations, unless a grade is declared This Test Market has been accepted and will be incorporated into the Fresh Fruit and Vegetable Regulations. Meanwhile, the Test Market will continue until the regulatory amendment is promulgated.
Cantaloups 20 July 2009 Test Market will amend paragraph 2.1(2)(c.1) of the Fresh Fruit and Vegetable Regulationsexempting cantaloups from the Regulations, unless a grade is declared. Test Market ongoing
Carrots 01 March 2008 Test Market will amend paragraph 31.(b) of Schedule I, Part II of the Fresh Fruit and Vegetable Regulations allowing for carrots of different varieties or colors to be marketed within a package. Paragraph 31.(b) will read: (changes in bold)

31. In addition to the standards for each grade and subject to the general tolerances set out in sections 34 and 35, carrots of all grades shall

(b) have similar varietal characteristics, or be in accordance with the variety or color marked on the container or on the label

Test Market ongoing
Crabapples 20 July 2009 Test Market will amend paragraph 2.1(2)(c.1) of the Fresh Fruit and Vegetable Regulations exempting crabapples from the Regulations, unless a grade is declared. Test Market ongoing
Cranberries 31 October 2008 Test Market will amend paragraph 2.1(2)(c.1) of the Fresh Fruit and Vegetable Regulations exempting cranberries from the Regulations, unless a grade is declared Test Market ongoing
Field Rhubarb 20 July 2009 Test Market will amend paragraph 2.1(2)(c.1) of the Fresh Fruit and Vegetable Regulations exempting field rhubarb from the Regulations, unless a grade is declared. Test Market ongoing
Grapes Vitis vinifera type table grapes 18 September 1995 Test Market will amend the Grades and Standards for Grapes and introduce requirements for grapes of varieties grown from Vitis vinifera for table grapes. This Test Market has been accepted and will be incorporated into the Fresh Fruit and Vegetable Regulations. Meanwhile, the Test Market will continue until the regulatory amendment is promulgated.
Greenhouse Cucumbers 01 May 1996 Test Market will introduce a Canada Utility Grade for greenhouse cucumbers to the Grades and Standards for Greenhouse Cucumbers in Schedule I, Part II. (See end of document for specifics). This Test Market has been accepted and will be incorporated into the Fresh Fruit and Vegetable Regulations. Meanwhile, the Test Market will continue until the regulatory amendment is promulgated.
Greenhouse Cucumbers 01 December 2006 The Test Market will amend subparagraphs 62.(1)(e)(ii) and 63.(1)(d)(ii) of Schedule I, Part II to allow for the minimum length of Canada No. 1 and Canada No. 2 cucumbers to be 76 mm (3 inches), when the cucumbers are other than long seedless cucumbers or if under 76 mm (3 inches), conform to the size range marked on the container. Test Market ongoing
Nectarines 07 July 2010 The Test Market will amend Sections 57, 59, 60 and 61 of Schedule I, Part II of the Regulations to include nectarines and their sizing requirements in the peach grades and standards. This test market will be restricted to domestically grown nectarines shipped interprovincially and will consequently exempt imported nectarines from subsections 3.(1.1) and 3.(1.2) of Part I and subsections 5.(2) and paragraph 10.(1)(a) of Part II of the Regulations. Test Market ongoing
Onions 30 May 1997 Test Market will amend subparagraph 74.(c)(iv) of Schedule I, Part II of the Regulations and introduce a larger upper size range for "Small" size onions (1 ¼ inches to 2 inches). Container must be marked with or marked on a label attached to the container with the word "Small" in close proximity to the grade name.

This test market may be used to market cippoline variety onions (flat button shaped).

This Test Market has been accepted and will be incorporated into the Fresh Fruit and Vegetable Regulations. Meanwhile, the Test Market will continue until the regulatory amendment is promulgated. In March 2005, the industry recommended a permanent regulatory amendment to exempt cippoline onions from the provisions of the Fresh Fruit and Vegetable Regulations.
Onions 27 May 1997 Test Market will allow for Canada No. 1 onions of the following sizes, ½ inch to 1 inch, ½ inch to 1 ½ inches, 1 ¼ inches to 2 inches, and 1 ¾ inches to 3 inches, to be packaged in 10 oz containers when the size is declared on the package. This Test Market has been accepted and will be incorporated into the Fresh Fruit and Vegetable Regulations. Meanwhile, the Test Market will continue until the regulatory amendment is promulgated.
Onions 11 March 2011 The Test Market will amend Schedule I, Part II, Paragraph 73. (b), "Grades and Standards for Onions", of the Fresh Fruit and Vegetable Regulations to permit the marketing of mixed varieties of onions packaged in 1.36 kg (3 lb) or less containers. Test Market ongoing
Onions 20 April 2015 The Test Market will amend Paragraph 8.(c) of the Fresh Fruit and Vegetable Regulations to allow onions to be packaged in reusable plastic shipping containers (RPCs) that are clean and in sanitary condition. Test Market ongoing
Peaches 11 September 1998 Test Market will amend the Regulations to remove the requirement to label containers with the minimum peach diameter and permits pre-stamped baskets with Canada No. 1 designation. This Test Market has been accepted and will be incorporated into the Fresh Fruit and Vegetable Regulations. Meanwhile, the Test Market will continue until the regulatory amendment is promulgated.
Peaches 07 June 2004 The Test Market will amend paragraph 5.(2)(a) of the Fresh Fruit and Vegetable Regulations to allow maximum container capacity for peaches to be 200 kg net weight. This Test Market has been accepted and will be incorporated into the Fresh Fruit and Vegetable Regulations. Meanwhile, the Test Market will continue until the regulatory amendment is promulgated.
Pears 24 January 1994 Test Market will introduce a new hail standard in the Canada Fancy grade. (See end of document for specifics). This Test Market has been accepted and will be incorporated into the Fresh Fruit and Vegetable Regulations. Meanwhile, the Test Market will continue until the regulatory amendment is promulgated.
Pears 11 September 1998 Test Market provides an exemption to the requirement to label the pear variety on containers and permits pre-stamped baskets with Canada No. 1 designation. This Test Market has been accepted and will be incorporated into the Fresh Fruit and Vegetable Regulations. Meanwhile, the Test Market will continue until the regulatory amendment is promulgated.
Pears 07 June 2004 The Test Market will amend paragraph 5.(2)(a) of the Fresh Fruit and Vegetable Regulations to allow maximum container capacity for pears to be 200 kg net weight. This Test Market has been accepted and will be incorporated into the Fresh Fruit and Vegetable Regulations. Meanwhile, the Test Market will continue until the regulatory amendment is promulgated.
Potatoes 06 December 1993 The Test Market will amend the letter size requirement for the declaration of "Yellow flesh potatoes" to be the same as per subsection 12.(2) of the Fresh Fruit and Vegetable Regulations. The new letter size will allow the labelling of "Yellow Fleshed" to vary in relation to the size of the principle display surface, rather than have it a minimum of ½ inch in height. This Test Market has been accepted and will be incorporated into the Fresh Fruit and Vegetable Regulations. Meanwhile, the Test Market will continue until the regulatory amendment is promulgated.
Potatoes 13 March 1995 Test Market will introduce a 15 lb (6.8 kg) standard container into Column II of Item 5, Table I of Schedule II. (See amended Table at end of list). This Test Market has been accepted and will be incorporated into the Fresh Fruit and Vegetable Regulations. Meanwhile, the Test Market will continue until the regulatory amendment is promulgated.
Potatoes 03 April 1995 Test Market will introduce a New Size: Canada No. 1 Small (1 ½ inches to 2 ¼ inches), round type varieties packaged in containers of 3 lb, 5 lb, 50 lb, 75 lb and 100 lb in the case of prepackaged produce, 110 lb in the case of wholesale containers. This Test Market has been accepted and will be incorporated into the Fresh Fruit and Vegetable Regulations. Meanwhile, the Test Market will continue until the regulatory amendment is promulgated.
Potatoes 15 May 1996 Test Market will introduce a New size: Canada No. 1 Creamer, ¾ inch to 1 ⅝ inches. This Test Market has been accepted and will be incorporated into the Fresh Fruit and Vegetable Regulations. Meanwhile, the Test Market will continue until the regulatory amendment is promulgated.
Potatoes 30 May 1997 Test Market will introduce a New Size: Canada No. 1 Small (1 ½ inches to 2 inches), long type varieties packaged in containers of 3 lb , 5 lb , 50 lb, 75 lb and 100 lb in the case of prepackaged produce, 110 lb in the case of wholesale containers.

(Note: The Test Market issued on 11 October 2011 allows an additional option for the marketing of non-russet varieties of small long-type potatoes with a size range of 1 ½ inches to 2 ¼ inches, labelled with the words "Non-Russet" in close proximity to the size designation or to the words "Small Long").

This Test Market has been accepted and will be incorporated into the Fresh Fruit and Vegetable Regulations. Meanwhile, the Test Market will continue until the regulatory amendment is promulgated.
Potatoes 26 June 2000 Test Market will permit the packing of a mixed variety ( e.g., yellow, red, blue or purple) of Canada No. 1 Creamer potatoes in containers 3 lb or less. The Test Market has been accepted and will be incorporated into the Fresh Fruit and Vegetable Regulations. Meanwhile, the Test Market will continue until the regulatory amendment is promulgated.
Potatoes 21 August 2001 Test Market will amend subparagraph 89.(2)(g)(i) of Schedule I, Part II to amend the date for Canada No. 1, new round potatoes from September 16 to October 1. This Test Market has been accepted and will be incorporated into the Fresh Fruit and Vegetable Regulations. Meanwhile, the Test Market will continue until the regulatory amendment is promulgated.
Potatoes 29 September 2003 Test Market will amend subsection 6.1(2) and Column II of Item 5, Table I of Schedule II of the Fresh Fruit and Vegetable Regulations to allow the test marketing of potatoes in containers with a net weight of 1.36 kg (3 lb) and less. This Test Market has been accepted and will be incorporated into the Fresh Fruit and Vegetable Regulations. Meanwhile, the Test Market will continue until the regulatory amendment is promulgated.
Potatoes 22 September 2008 This test market allows for the marketing of Canada No. 1 Creamer (¾ inch to 1 ⅝ inches) potatoes of mixed variety/type in standard containers of 1.36 kg (3 lbs) or less or 2.27 kg (5 lb) within Canada.

It also allows for Canada No. 1 Small (1 ½ inches to 2 ¼ inches) potatoes of mixed variety/type in standard containers of 1.36 kg (3 lb) or less or 2.27 kg (5 lb) within Canada.

This test market provides a labelling exemption to allow for the declaration "may contain yellow fleshed potatoes" on the above potato sizes of mixed variety/ type potatoes in standard containers of 5 lb or 3 lb and less.

(This Test Market is superseded by the July 20, 2009 Test Market which allows for the voluntary declaration of "may contain yellow fleshed potatoes", as opposed to a mandatory declaration).

Test Market ongoing
Potatoes 01 December 2008 This test market will amend the potato grade standard contained in the Fresh Fruit and Vegetable Regulations. Those changes pertain to the tolerances established for knobs removed, sprouts, greening, sunburn, grass root and wireworm holes and hollow heart. Size tolerances would be harmonized with those of the United States and the general tolerances would be based on internal and external defects. In addition, the maximum weight for "Chef" and "Large" size potatoes would reflect those established for diameter. (See end of document for specifics) Test Market ongoing
Potatoes 20 July 2009 Test Market will amend subsection 10. (6.1) of the Fresh Fruit and Vegetable Regulations to allow the voluntary declaration of yellow fleshed potatoes, as opposed to the present mandatory declaration. Subsection 10. (6.1) will read: (changes in bold)
10. (6.1) Every label applied to a container of potatoes of a yellow fleshed variety may show, on the principal display surface of the container and in bold face type in letters of a size prescribed in section 12 Table Note 1, the words

(a) "yellow fleshed", where the common name of the produce is shown elsewhere on the container; or

(b) "yellow fleshed potatoes", where the common name of the produce is not shown elsewhere on the container.

This Test Market supersedes the requirement of the September 22, 2008 Test Market to declare "may contain yellow fleshed potatoes" in Canada No. 1 Creamer and Canada No. 1 Small potatoes of mixed variety/type in standard containers of 5 lb, or 3 lb and less.

Test Market ongoing
Potatoes 11 October 2011 Test Market will amend clause 89(2)(f)(ii)(A) of the Fresh Fruit and Vegetable Regulations to permit the marketing of non-russet varieties of small long-type potatoes with size range of 1 ½ inches to 2 ¼ inches, provided these are labelled with the words "Non-Russet" in close proximity to the size designation or to the words "Small Long". (This Test Market is in addition to the requirement of the 30 May 1997 Test Market and permits an additional option for the marketing of small long potatoes of non-russet varieties). Test Market ongoing
Potatoes 01 June 2014 Test Market will amend Table III of Schedule II of the Fresh Fruit and Vegetable Regulations to introduce a container of a 3-litre volume capacity for potatoes only. (See amended table at end of list). Test Market ongoing
Potatoes 20 April 2015 The Test Market will amend Paragraph 8.(c) of the Fresh Fruit and Vegetable Regulations to allow potatoes to be packaged in reusable plastic shipping containers (RPCs) that are clean and in sanitary condition. Test Market ongoing
Color Enhancement 29 November 1996 The Test Market will permit the usage of color enhancement and bands on prepackaged produce. This Test Market has been accepted and will be incorporated into the Fresh Fruit and Vegetable Regulations. Meanwhile, the Test Market will continue until the regulatory amendment is promulgated.
Condition defects applied against the grade at destination for commodities specified in paragraph 3.(2)(a) 25 July 2003 The Test Market will exempt the following commodities: apples, beets, cabbage, carrots, onions, parsnips, pears, potatoes and rutabagas (irrespective of the General Tolerances at a Time other than at the Time of Shipping or Repacking contained in their respective grades and standards of Schedule I, Part I and II of the Fresh Fruit and Vegetable Regulations) from Section 3.(2)(a) of the Fresh Fruit and Vegetable Regulations. In other words, condition defects will no longer apply against the grade at destination for any commodity. This means no detention action is necessary at destination for excessive condition defects for any commodity. This Test Market has been accepted and will be incorporated into the Fresh Fruit and Vegetable Regulations. Meanwhile, the Test Market will continue until the regulatory amendment is promulgated
Establishment Registration Number 03 August 2009 Test Market will amend subsection 12. (2), introduce subsection 12. (7) and amend section 63, including paragraphs (a) and (b) of the Fresh Fruit and Vegetable Regulations to allow for the option of affixing the establishment registration number to every pallet of produce in a lot, as an alternative to the mandatory use of the establishment registration number on every container of prepackaged produce conveyed interprovincially from a registered establishment.

Due to implementation on 27 April 2012 of a new Test Market for type size of letters and numerals on labels applied to Reusable Plastic Containers and in order to facilitate a better flow and comprehension of the proposed Regulations, subsection 12. (7) has been moved to a new subsection 12. (8) (See "Labelling Requirements" section at the end of the document for specifics).

Test Market ongoing
Fresh fruit and vegetables marketed in combination with other fresh fruit and vegetables 01 June 2009 The Test Market will amend paragraphs 2.1(2)(g) and (h) of the Fresh Fruit and Vegetable Regulations to allow the marketing of fresh fruit and vegetables in combination with other fresh fruit and vegetables. See end of document for changes to paragraphs 2.1(2)(g) and (h). Test Market ongoing
Graded Vegetables with standard container sizes packaged in containers of 1.36 kg (3 lb) or less 29 October 2010 The Test Market will amend Part II, Subsection 6.1 (2) of the Fresh Fruit and Vegetable Regulations to allow all graded vegetables with standard container sizes to be packaged in any suitable container in which the net quantity of the produce is 1.36 kg (3 lb) or less. This Test Market supersedes the Test Market issued September 29, 2003, allowing potatoes to be marketed in any suitable container of 1.36 kg (3 lb) or less and the Test Market issued June 1, 2010, allowing beets to be marketed in containers of 1.36 kg (3 lb) or less. Additionally, Schedule II of the Fresh Fruit and Vegetable Regulations will be amended to exclude all container sizes of less than 1.36 kg (3 lb) to correspond with the above test market. Test Market ongoing
Labelling 29 November 1996 The Test Market will amend subparagraph 4.(b)(i) to read:

4. Subject to sections 6 and 6.1, this Part does not apply in respect of produce that is

(b) displayed in bulk in a retail store

(i) unlabelled, except for bar codes, number codes, environmental statements and product treatment symbols, sold in one unit, and packaged in an otherwise clear, transparent, protective wrapping.

This Test Market has been accepted and will be incorporated into the Fresh Fruit and Vegetable Regulations. Meanwhile, the Test Market will continue until the regulatory amendment is promulgated.
Labelling – Type size of letters and numerals on labels applied to Reusable Plastic Containers (RPC) 27 April 2012 The Test Market will allow for all required labelling including the declaration of net quantity, grade name, registration number and country origin to be shown in letters and numerals of not less than 1/16 of an inch (1.6 mm) on RPC shipping containers.

Based on the Test Market, subsections 12.(2), 12.(7) and 12.(8) of the Fresh Fruit and Vegetables Regulations will be amended (see "Labelling Requirements" section at the end of the document for specifics).

Test Market ongoing

Table Note

Table Note 1

Test Market to allow for letter size to vary in relation to size of principal display surface issued in December 1993.

Return to table note 1 referrer

Fresh Fruit and Vegetables Marketed in Combination with Other Fresh Fruit and Vegetables

Test Market to allow the marketing of fresh fruit and vegetables in combination with other fresh fruit and vegetables amends paragraphs 2.1 (2)(g) and (h)(bold).

Application

2.1 (1) Subject to subsection (2), these Regulations apply in respect of all produce that is marketed in import or interprovincial trade, supplied fresh to the consumer or for food processing.

(2) Subject to Part I. 1, subsection (1) does not apply in respect of the following produce:

(g) fruit or vegetables marketed in combination with other kinds of fruit or vegetables and with other food products, where

(i) the container is clearly labelled with the designation "Gift pack" or "Combo pack",

(ii) no one kind of fruit or vegetable in the combination exceeds 1 kg net weight, and

(iii) the net weight of the contents of the container does not exceed 10 kg;

(h) fruit or vegetables marketed in combination with other kinds of fruit or vegetables, where:

(i) the container is clearly labelled with the designation "Stew-pack" or "Vegetables for Stew" when only vegetables are combined, or

(ii) the container is clearly labelled with the designation "Fresh pack" when only fruit, or vegetables, or fruit and vegetables are combined,

(iii) no one kind of fruit or vegetable in the combination exceeds 1 kg net weight, and

(iv) the net weight of the contents of the container does not exceed 10 kg.

Labelling Requirements

The following labelling requirements pertain to:

  • Test Market, dated 27 April 2012, to allow for all required labelling including the declaration of net quantity, grade name, registration number and country origin to be shown in letters and numerals of not less than 1/16 of an inch (1.6 mm) on RPC shipping containers.
  • Test Market, dated 03 August 2009, to allow for the option of affixing the establishment registration number to every pallet of produce in a lot, as an alternative to the mandatory use of the establishment registration number on every container of prepackaged produce conveyed interprovincially from a registered establishment.

Based on these Test Markets, labelling requirements will be amended as follows (bold):

Part II
Packing and Labelling
Labelling

12.(2)  Subject to subsections (5), (7) and (8), the letters and numerical quantities in the declaration of net quantity, the grade name, the registration number of the registered establishment and the country of origin shall be shown in bold-face type in letters and numerals of not less than the following height:

  1. 1/16 inch (1.6 millimetres), where the principal display surface of the container is not more than five square inches (32 square centimetres);
  2. ⅛ inch (3.2 millimetres), where the principal display surface of the container is more than five square inches (32 square centimetres) but not more than 40 square inches (258 square centimetres);
  3. ¼ inch (6.4 millimetres), where the principal display surface of the container is more than 40 square inches (258 square centimetres) but not more than 100 square inches (645 square centimetres);
  4. ⅛ inch (9.5 millimetres), where the principal display surface of the container is more than 100 square inches (645 square centimetres) but not more than 400 square inches (25.8 square decimetres); and
  5. ½ inch (12.7 millimetres), where the principal display surface of the container is more than 400 square inches (25.8 square decimetres).

(3) Subject to subsection (5), all information required by these Regulations to be shown on the label of produce, other than the information referred to in subsection (2), shall be shown in print that is at least 1.6 mm in height.

(7) Subsection (2) does not apply to washable reusable plastic containers; these will require that the letters and numerical quantities in the declaration of net quantity, grade name, the registration number of the registered establishment and the country of origin be shown in bold face type in letters and numerals of not less than 1/16 inch (1.6 millimetres).

(8) Subsections (2) and (7) do not apply in respect of the declaration of the registration number of the registered establishment when the registration number is clearly marked and prominently affixed to the pallet of produce and where the numerals are shown in bold-face type and are not less than ¾ inch (19.0 millimetres) in height.

Part X
Registration of Establishments and Operation and Maintenance of Registered Establishments
Labelling

63. Every lot of produce conveyed interprovincially from a registered establishment shall have clearly marked and prominently displayed the establishment registration number as shown in Schedule IV

(a) on each prepackaged container, or outer container where a container of produce is packed in another container, or shipping container in accordance with subsection 12. (2), or
(b) on each pallet of produce in the lot in accordance with subsection 12. (8).

Pears

Test Market to introduce new hail requirements for pears amends Schedule I, Part I, Grades and Standards for Pears as follows (bold).

Grades and Standards for Pears

Canada Fancy Grade Standards

67.(1) In addition to meeting the standards for all grades set out in section 65, pears graded Canada Fancy shall:

(d) be free from hail damage that:

(i) has broken the skin and is not well healed, or

(ii) has broken the skin, is well healed, and has caused one skin break larger than 5 mm (3/16 inch) in diameter or depth or has caused more than one skin break larger than 3 mm (⅛ inch) in diameter or depth, or

(iii) has not broken the skin but affects an aggregate area per pear exceeding 13 mm (½ inch) in diameter, or

(iv) has noticeably depressed the affected areas or materially affects the appearance of a pear;

Greenhouse Cucumbers

Test Market to introduce Utility Grade for Greenhouse Cucumbers, amends Schedule I, Part II, Grades and Standards for Greenhouse Cucumbers as follows (bold).

Grades and standards for greenhouse cucumbers

60. The grades and grade names for greenhouse cucumbers are: Canada No. 1, Canada No. 2 and Canada Utility Grade.

Canada Utility Grade

63.1 (1) In addition to meeting the standards for all grades set out in section 61, greenhouse cucumbers graded Canada Utility Grade shall:

a) be clean and free from disease;

b) free from decay; and

c) free from any other damage or defect that seriously affects the appearance, edibility or shipping quality of the cucumbers.

General Tolerances

64.1 In the grading of greenhouse cucumbers, the standards set out in section 63.1 are considered to be met where:

(a) up to 5 per cent by count of the greenhouse cucumbers in a lot inspected at the time of shipping or repacking have defects, including not more than 1 per cent that are affected by decay;

Note: This Test Market does not prescribe minimum size requirements; therefore any size of greenhouse cucumbers marketed under the Canada Utility Grade will be acceptable.

Potatoes

The Test Market, dated December 01, 2008 introducing new requirements to the Potato Grade Standard, as a result of the harmonization initiative, amends Part III and Schedule I, Part II, Grades and standards for potatoes as follows and indicated in bold. Other Test Markets pertaining to the Grades and standards for potatoes are indicated in bold and italics.

Part III

Import and Interprovincial Trade

Import Trade

36. (11) Subject to subsections (11.1) to (13), every lot of potatoes shall meet:

(a) the standards of U.S. Extra No. 1 grade or U.S. No. 1 grade;

(b) with the exception of new potatoes grown in and shipped from the United States on or before September 15 in any year, the requirements of "slightly skinned" as defined in the United States Standards for Grades of Potatoes;

(c) the requirements of "fairly clean" as defined in the United States Standards for Grades of Potatoes; and

(d) the requirements as set out in paragraphs 89(2)(f) and (g) of Part II of Schedule I.

(11.1) Where potatoes have a minimum diameter of less than 57 mm (2 ¼ inches), not more than three per cent by weight of the potatoes in the lot may have less than the minimum diameter required or specified, and not more than ten per cent by weight of the potatoes in the lot may exceed the maximum diameter.

(12) Where potatoes have a minimum diameter of 57 mm (2 ¼ inches) or larger, five per cent by weight of the potatoes in the lot may have less than the minimum diameter required or specified and not more than ten per cent by weight of the potatoes in the lot may exceed the maximum diameter.

(13) New potatoes of a round variety grown in and shipped from the United States on or before September 30 in any year and new potatoes of a long variety grown in and shipped from the United States on or before June 30 in any year, subject to a tolerance of three per cent by weight for undersize potatoes, may have a minimum diameter of 48 mm (1 7/8 inches).

Schedule I

Part II

Grades and Standards for Potatoes

Application

86. The grades and standards set out in sections 87 to 90 apply to potato varieties grown from Solanum tuberosum, potatoes for seed being excluded.

Grades and Grade Names

87. The grades and grade names for potatoes are Canada No. 1 and Canada No. 2.

Standards for all grades

88. In addition to the standards for each grade and subject to the tolerances set out in sections 91 and 92, potatoes of all grades shall

(a) be properly packed;

(b) not be artificially coloured;

(c) have similar varietal characteristics;

(c.1) not withstanding paragraph (c), potatoes meeting the requirements in respect of diameter set out in subclauses 89.(2)(f)(i)(A)(I) and (iii)(A)(I), packaged in standard containers of 3 lb or less, or 5 lb, may be of different varietal characteristics when packed in approximately equal proportions;

(d) sprouts: moved to 89.(2)(c) and 90.(2)(c)

(e) be free from damage caused by freezing;

(f) be free from bacterial ring rot, black heart or other decay;

(g) (greening: moved to 89.(2)(d.1) and 90.(2)(d.1));

(h) (hollow heart: moved to 89.(2)(o) and 90.(2)(m));

(i) be free from insects or worms within the flesh of a potato; and

(j) where the potatoes are packed in cartons, meet the following requirements in respect of diameter, weight or count, namely,

(i) where the cartons are labelled with:

(A) a count designation, the potatoes shall have a minimum diameter as set out in paragraph 89(2)(f) or (g) or 90(2)(f) , according to the variety and grade of the potatoes, or

(B) one of the size designations set out in column I of an item of the table to this section, the potatoes shall have the minimum weight and maximum weight set out in columns II and III respectively of that item,

(ii) not more than 10 per cent of the cartons shall contain up to five per cent fewer or more potatoes than the count designation shown on the label, and

(iii) where the potatoes are packed in cartons that are labelled with the designation "283 g minimum" or "10 oz minimum", the potatoes shall have a minimum weight of 283 g (10 oz).

89.(2) In addition to meeting the standards for all grades set out in section 88, potatoes graded Canada No. 1 shall:

(a) be reasonably clean;

(b) be not materially pointed, materially dumb-bell shaped or otherwise materially deformed;

(b.1) not have more than one knob removed:

(i) where the area affects more than 5 per cen

Canada No. 1 Grade Standars
Table Summary

This table consists in column 1, the item number, in column 2, includes the size designation, in column 3 includes the minimum weight and column 4 is the maximum weight.

Item Column I
Size Designation
Column II
Minimum Weight
Column III
Maximum Weight
1. Under 50 425 g (15oz) No maximum weight
2. 50 340 g (12 oz) 539 g (19 oz)
3. 60 283 g (10 oz) 454 g (16 oz)
4. 70 255 g (9 oz) 425 g (15 oz)
5. 80 227 g (8 oz) 369 g (13 oz)
6. 90 198 g (7 oz) 340 g (12 oz)
7. 100 170 g (6 oz) 283 g (10 oz)
8. 110 142 g (5 oz) 255 g (9 oz)
9. 120 and over 113 g (4 oz) 227 g(8 oz)

t of the surface area; or

(ii) where the affected area is rough or jagged;

(c) be free from any individual or clusters of sprouts that at the time of shipping or repacking:

(i) exceed 6 mm. (¼ inch) in length; and

(ii) affect more than five per cent of the potatoes in a lot.

(c.1) be free from any individual or clusters of sprouts that at a time other than at the time of shipping or repacking:

(i) exceed 13 mm (½ inch) in length; and

(ii) affect more than five per cent of the potatoes in a lot.

(d) be not shrivelled or flabby;

(d.1) be free from greening that:

(i) penetrates the flesh of a potato to a depth that when removed causes a loss of more than 5 per cent of the total weight of the potato; or

(ii) affects more than 25 per cent of the surface area of a potato.

(e) except in the case of new potatoes shipped before September 16 in the year in which they were grown, have skins that will not loosen readily during ordinary handling and have not more than 10 per cent of the surface flesh exposed;

(f) subject to paragraph (g), meet the following requirements in respect of diameter or weight, namely:

(i) where of a round variety, the potatoes shall:

(A) where potatoes are labelled with the size designation "38 mm to 57 mm" (1 ½ inches to 2 ¼ inches), or with the words "Small Round", have

(I) a minimum diameter of 38 mm (1 ½ inches) and a maximum diameter of 57 mm (2 ¼ inches);

(B) have a minimum diameter of 57 mm (2 ¼ inches) and a maximum diameter of 89 mm (3 ½ inches), or

(C) have a minimum weight of 142 g (5 ounces) and a maximum weight of 340 g (12 ounces),

(ii) where of a long variety, the potatoes shall

(A) subject to subclause (I), have a minimum diameter of 38 mm (1 ½ inches) and a maximum diameter of 51 mm (2 inches) and be labelled with the size designation "38 mm to 51 mm" (1 ½ inches to 2 inches) or with the words "Small Long";

(I) in the case of long non-russet varieties, the potatoes may have a maximum diameter of 57 mm (2 ¼ inches) where the potatoes are labelled with the words "Non-Russet" in addition and in close proximity to the size designation "38 mm to 57 mm" (1 ½ inches to 2 ¼ inches) or to the words "Small Long";

(B) have a minimum diameter of 51 mm (2 inches) or a minimum weight of 113 g (4 ounces) and a maximum diameter of 89 mm (3 ½ inches) or a maximum weight of 340 g (12 ounces), except that potatoes 89 mm (3 ½ inches) or more in length may have a minimum diameter of 44 mm (1 ¾ inches) and, in either case, at least 60 per cent by weight of the potatoes in the lot shall have a diameter of at least 57 mm (2 ¼ inches) or a weight of at least 142 g (5 ounces), and

(C) have a minimum diameter of 48 mm (1 ⅞ inches) and a maximum diameter of 76 mm (3 inches), or a maximum weight of 283 g (10 ounces), and at least 75 per cent by weight of the potatoes in the lot shall have a diameter of at least 51 mm (2 inches) or a weight of at least 113 g (4 ounces), where potatoes labelled with the size designation 48 mm to 76 mm (1 ⅞ inches to 3 inches) are being shipped from one province to another, and

(iii) where the potatoes are:

(A) of any variety and are labelled with the size designation "19 mm to 41 mm" (¾ inch to 1 ⅝ inches), or with the word "Creamer", have:

(I) a minimum diameter of 19 mm (¾ inch) and a maximum diameter of 41 mm (1 ⅝ inches);

(iv) where the potatoes are:

(A) of any variety and are labelled with the size designation "70 mm to 114 mm" (2 ¾ inches to 4 ½ inches), or with the word "Chef", have:

(I) a minimum diameter of 70 mm (2 ¾ inches) and a maximum diameter of 114 mm (4 ½ inches), or

(II) a minimum weight of 227 g (8 ounces) and a maximum weight of 794 g (28 ounces), and

(B) of any variety and are labelled with the size designation "76 mm to 114 mm" (3 inches to 4 ½ inches) or with the word "Large",

(I) have a minimum diameter of 76 mm (3 inches) and a maximum diameter of 114 mm (4 ½ inches), or

(II) a minimum weight of 283 g (10 ounces) and a maximum weight of 794 g (28 ounces);

(g) in the case of new potatoes, meet the requirements in respect of diameter or weight that are set out in paragraph (f), except that new potatoes required by that paragraph to have a minimum diameter of 51 mm (2 inches) or a minimum weight of 113 g (4 ounces), or a minimum diameter of 57 mm (2 ¼ inches) or a minimum weight of 142 g (5 ounces), may have a minimum diameter of 48 mm (1 ⅞ inches) where the new potatoes are:

(i) of a round variety and are shipped before October 1 in the year in which they were grown, or

(ii) of a long variety and are shipped before July 1 in the year in which they were grown;

(h) be free from blight;

(i) be free from surface scab affecting more than five per cent of the surface area of a potato;

(j) be free from sunburn that cannot be removed with the loss of more than 5 per cent of the weight of the potato;

(k) be free from wireworm or grass root holes that:

(i) affect the flesh of the potato, and

(ii) cannot be removed without the loss of more than 5 per cent of the weight of the potato;

(l) be free from any of the following types of damage that materially affect the appearance of a potato, namely:

(i) enlarged lenticels,

(i) russet scab,

(iii) rhizoctonia,

(iv) growth cracks, and

(v) external discolouration;

(m) be free from any of the following types of damage that cannot be removed without the loss of more than five per cent of the weight of a potato, namely:

(i) internal discolouration, and

(ii) ingrown sprouts;

(n) be free from any of the following types of damage that materially affect the appearance of a potato or cannot be removed without the loss of more than five per cent of the weight of a potato, namely,

(i) bruises,

(ii) air cracks,

(iii) pitted scab, and

(iv) flea-beetle damage;

(o) be free from hollow heart that

(i) affects an area more than that of a circle 13 mm (½ inch) in diameter in a potato 63 mm (2 ½ inches) in diameter or 170 g (6 ounces) in weight, and

(ii) in the case of a potato that has a greater or lesser diameter or weight than that set out in subparagraph (i), exceeds a size that is proportional to the diameter of the circle, in relation to the size of the potato, set out in that subparagraph (i);

(p) be free from any damage or defect or combination thereof that materially affects the appearance of a potato, including healed-over flesh, rhizoctonia or silver scurf; and

(q) be free from any other damage or defect or combination thereof that:

(i) affects the edibility or shipping quality of the potatoes; or

(ii) affects the flesh of a potato and cannot be removed without the loss of more than 5 per cent of the weight of the potato.

Canada No. 2 Grade Standars

90. (1) In this section, "slightly dirty" means:

(a) there is an appreciable amount of dirt adhering to the potatoes; and

(b) where the potatoes are in a container, there is not more than a moderate amount of loose dirt or foreign material in the container.

(2) In addition to meeting the standards for all grades set out in section 88, potatoes graded CanadaNo. 2 shall:

(a) be not more than slightly dirty;

(b) be not seriously pointed, seriously dumb-bell shaped or otherwise seriously deformed;

(c) be free from any individual or clusters of sprouts that at a time of shipping or repacking:

(i) exceed 13 mm (½ inch) in length; and

(ii) affect more than ten per cent of the potatoes in the lot

(c.1) be free from any individual or clusters of sprouts that at a time other than at the time of shipping or repacking:

(i) exceed 25 mm (1 inch) in length; and

(ii) affect more than ten per cent of the potatoes in the lot;

(d) have not had their appearance materially affected by the removal of knobs;

(d.1) be free from greening that:

(i) penetrates the flesh of a potato to a depth that when removed causes a loss of more than 10 per cent of the total weight of the potato; or

(ii) affects more than 50 per cent of the surface area of a potato;

(e) be reasonably firm;

(f) have a minimum diameter of 44 mm (1 ¾ inches) and a maximum diameter of 114 mm (4 ½ inches) or a maximum weight of 794 g (28 ounces) and not less than 75 per cent by weight of the potatoes in the lot shall have a diameter of at least 51 mm (2 inches) or a weight of at least 113 g (4 ounces);

(g) be free from blight that

(i) is not dry, or

(ii) is dry but cannot be removed without the loss of more than five per cent of the weight of a potato;

(h) be free from surface scab that affects more than 25 per cent of the surface area of a potato;

(i) be free from wireworm or grass root holes that affect the flesh of a potato and cannot be removed without the loss of more than 10 per cent of the weight of the potato;

(j) be free from any of the following types of damage that seriously affect the appearance of a potato, namely:

(i) enlarged lenticels,

(ii) russet scab,

(iii) rhizoctonia,

(iv) growth cracks, and

(v) external discolouration;

(k) be free from any of the following types of damage that cannot be removed without the loss of more than 10 per cent of the weight of a potato, namely:

(i) sunburn,

(ii) internal discolouration, and

(iii) ingrown sprouts;

(l) be free from any of the following types of damage that seriously affect the appearance of a potato or cannot be removed without the loss of more than 10 per cent of the weight of the potato, namely,

(i) bruises,

(ii) air cracks,

(iii) pitted scab, and

(iv) flea-beetle damage;

(m) be free from hollow heart that:

(i) affects an area more than that of a circle 19 mm (¾ inch) in diameter in a potato 63 mm (2 ½ inches) in diameter or 170 g (6 ounces) in weight, and

(ii) in the case of a potato that has a greater or lesser diameter or weight than that set out in subparagraph (i), exceeds a size that is proportional to the diameter of the circle, in relation to the size of the potato, set out in that subparagraph;

(n) be free from any other damage or defect or a combination thereof that:

(i) seriously affects the appearance, edibility or shipping quality of the potatoes, or

(ii) affects the flesh of a potato and cannot be removed without the loss of more than 10 per cent of the weight of the potato.

General Tolerances at the time of Shipping or Repacking

91. (1) In the grading of potatoes into Canada No. 1 grade, the standards set out in sections  88 and 89, as applicable, are considered to be met in the case of a lot of potatoes inspected at the time of shipping or repacking if up to:

(a) 5 per cent by weight of the potatoes in the lot are affected by sprouts;

(b) 10 per cent by weight of the potatoes in the lot have more than 10 per cent of the surface flesh exposed; and

(b.1) 3 per cent by weight of the potatoes in the lot may be smaller than the required or specified minimum size, except that potatoes packed to meet a minimum size of 57 mm (2 ¼ inches) or larger in diameter or 142 grams (5 ounces) or more in weight may have up to 5 per cent by weight of the potatoes in the lot smaller than the required or specified size;

(b.2) 10 per cent by weight of the potatoes in the lot may be larger than any required or specified maximum size;

(c) 8 per cent by weight of the potatoes in the lot have defects other than those referred to in paragraphs (a), (b), (b.1) and (b.2) including not more than:

(i) five per cent that are affected by external defects;

(ii) five per cent that are affected by internal defects;

(iii) one per cent that are affected by decay.

(Note: The following defect tolerances have been moved: Undersize moved to 91.(1)(b.1), Oversize moved to 91.(1)(b.2), Hollow heart included in internal defects 91.(1)(c) (ii)).

(2) In the grading of potatoes into Canada No. 2 grade, the standards set out in sections 88 and 90, as applicable, are considered to be met in the case of a lot of potatoes inspected at the time of shipping or repacking if up to:

(a) 10 per cent by weight of the potatoes in the lot are affected by sprouts; and

(a.2) 3 per cent by weight of the potatoes in the lot may be smaller than the required or specified minimum size, except that potatoes packed to meet a minimum size of 57 mm (2 ¼ inches) or larger in diameter or 142 grams (5 ounces) or more in weight may have up to 5 per cent by weight of the potatoes in the lot smaller than the required or specified size;

(a.3) 10 per cent by weight of the potatoes in the lot may be larger than any required or specified maximum size;

(b) 10 per cent by weight of the potatoes in the lot have defects other than that referred to in paragraph (a), (a.1) (a.2) and (a.3) including not more than;

(i) six per cent that are affected by external defects;

(ii) six per cent that are affected by internal defects;

(iii) one per cent that are affected by decay.

(Note: The following defect tolerances have been moved: Undersize moved to 91.(2)(a.2), Oversize moved to 91.(2)(a.3), Hollow heart included in internal defects 91.(2)(b) (ii)).

General tolerances at a time other than at the time of shipping or repacking

92. (1) In the grading of potatoes into Canada No. 1 grade, the standards set out in sections 88 and 89, as applicable, are considered to be met in the case of a lot of potatoes inspected at a time other than the time of shipping or repacking if up to

(a) 5 per cent by weight of the potatoes in the lot are affected by sprouts; and

(b) 10 per cent by weight of the potatoes in the lot have more than 10 per cent of the surface flesh exposed; and

(b.1) 3 per cent by weight of the potatoes in the lot may be smaller than the required or specified minimum size, except that potatoes packed to meet a minimum size of 57 mm (2 ¼ inches) or larger in diameter or 142 grams (5 ounces) or more in weight may have up to 5 per cent by weight of the potatoes in the lot smaller than the required or specified size;

(b.2) 10 per cent by weight of the potatoes in the lot may be larger than any required or specified maximum size;

(c) 10 per cent by weight of the potatoes in the lot have defects other than those referred to in paragraphs (a), (b), (b.1) and (b.2) including not more than:

(i) seven per cent that are affected by external defects, of which no more than 5 per cent are permanent;

(ii) seven per cent that are affected by internal defects, of which no more than 5 per cent are permanent;

(iii) two per cent that are affected by decay.

(Note: The following defect tolerances have been moved: Undersize moved to 92.(1)(b.1), Oversize moved to 92.(1)(b.2), Hollow heart included in internal defects 92.(1)(c) (ii)).

(2) In the grading of potatoes into Canada No. 2 grade, the standards set out in sections 88 and 90, as applicable, are considered to be met in the case of a lot of potatoes inspected at the time of shipping or repacking if up to

(a) 10 per cent by weight of the potatoes in the lot are affected by sprouts;

(a.2) 3 per cent by weight of the potatoes in the lot may be smaller than the required or specified minimum size, except that potatoes packed to meet a minimum size of 57 mm (2 ¼ inches) or larger in diameter or 142 grams (5 ounces) or more in weight may have up to 5 per cent by weight of the potatoes in the lot smaller than the required or specified size;

(a.3) 10 per cent by weight of the potatoes in the lot may be larger than any required or specified maximum size;

(b) 12 per cent by weight of the potatoes in the lot have defects other than that referred to in paragraph (a), (a.1), (a.2) and (a.3), including not more than:

(i) eight per cent that are affected by external defects, of which no more than 6 percent are permanent;

(ii) eight per cent that are affected by internal defects, of which no more than 6 percent are permanent;

(iii) two per cent that are affected by decay.

(Note: The following defect tolerances have been moved: Undersize moved to 92.(2)(a.2), Oversize moved to 92.(2)(a.3), Hollow heart included in internal defects 92.(2)(b)(ii)).

Schedule II

Section 6.1

Standard Containers for Prepackaged Produce

Test Markets for various container sizes identified in bold.

1. Vegetables of a kind set out in column I of an item of Table I of this Schedule shall be packaged

(a) in a container where the net weight of produce in the container is a net weight set out in column II of that item; or

(b) in any of the containers of a volume capacity set out in Tables II and III of this Schedule.

Table I
Table Summary

This table consists of the item number, in column 1 the kind of products and column 2 the net weight.

Item Column I
Kind
Column II
Net Weight
1 Beets 1.36 kg (3 lb) or less,
2.27 kg (5 lb),
4.54 kg (10 lb),
11.3 kg (25 lb),
22.7 kg (50 lb)
2 Carrots 1.36 kg (3 lb) or less,
2.27 kg (5 lb),
4.54 kg (10 lb),
11.3 kg (25 lb),
22.7 kg (50 lb
3 Onions 1.36 kg (3 lb) or less,
2.27 kg (5 lb),
4.54 kg (10 lb),
11.3 kg (25 lb),
22.7 kg (50 lb)
4 Parsnips 1.36 kg (3 lb) or less,
4.54 kg (10 lb),
9.07 kg (20 lb),
11.3 kg (25 lb),
22.7 kg (50 lb)
5 Potatoes
Canada No. 1 Small Round and
Canada No. 1 Small Long
potatoes may only be packaged
in containers of 1.36 kg (3 lb)
or less, 2.27 kg (5 lb),
22.7 kg (50 lb), 34 kg
(75 lb), and 50 kg (110 lb)
1.36 kg (3 lb) or less
2.27 kg (5 lb),
4.54 kg (10 lb),
6.80 kg (15 lb)
9.07 kg (20 lb),
22.7 kg (50 lb),
34 kg (75 lb),
45.4 kg (100 lb)
6 Rutabagas 1.36 kg (3 lb) or less,
2.27 kg (5 lb),
4.54 kg (10 lb),
11.3 kg (25 lb),
22.7 kg (50 lb)
Table III
Table Summary

This table consists of the item number, in column 1 the volume capacity of metric containers in column 2.

Item Volume Capacity of Metric Containers
1 500 mL
2 1 L
3 2 L
3.1 3 L (for potatoes only)
4 4 L
5 6 L
6 13 L
7 18 L
8 36 L
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