Former - Legibility and location of labelling information
Definitions

Bottom

The bottom is considered to be that part of a food or container which may reasonably be expected to be the surface on which the container rests when displayed for purchase. Some containers have several options as to how they can be displayed. If a food or container is labelled or printed in such a way that it may reasonably rest on any of the sides, then there is no bottom.

For example, as a frozen chicken dinner in a box may be displayed on more than one side, there is no definable bottom. In contrast, one would not reasonably expect a lemon meringue pie to be displayed on its side as it would result in damage to the product, and hence there is a definable bottom.

Consumer prepackaged

In respect of a food, means packaged in a container in the manner in which the food is ordinarily sold to or used or purchased by an individual - or in which the food may reasonably be expected to be obtained by an individual - without being repackaged, to be used for non-commercial purposes [1, SFCR].

Label

As defined in the Safe Food for Canadians Act, label includes a legend, word or mark that is or is to be applied or attached to or included in, or that accompanies or is to accompany, a food commodity or a package [2, SFCA].

As defined in the Food and Drugs Act, label includes any legend, word or mark attached to, included in, belonging to or accompanying any food, drug, cosmetic, device or package [2, FDA].

Ornamental container

An ornamental container means a container that, except on the bottom, does not have any promotional or advertising material thereon, other than a trade mark or common name and that, because of any design appearing on its surface or because of its shape or texture, appears to be a decorative ornament and is sold as a decorative ornament in addition to being sold as the container of the product [B.01.001, FDR; 1, SFCR].

Ornamental containers must be substantial enough to be sold on their own merit (i.e., without the food). Ornamental containers are usually made of metal (e.g., cookie tins), plastic or glass (e.g., candy filled figurines). On the other hand, fabric-covered or embossed cardboard boxes for chocolates (e.g., for Valentine's Day) are normally considered decorative rather than ornamental.

Person

Person means an individual or an organization as defined in section 2 of the Criminal Code [2, FDA; 2, SFCA].

A person may therefore be an individual or an organization, and may include a consumer, a manufacturer, a retailer, an importer, a restaurant, any other commercial or industrial enterprise, an institution such as a school or hospital, and anyone else who sells, uses, or buys a food.

Prepackaged

Prepackaged, in respect of a food, means packaged in a container in the manner in which the food is ordinarily sold to or used or purchased by a person (definition), and includes consumer prepackaged (definition) [1, SFCR].

Principal display panel

As defined in the Safe Food for Canadians Regulations, principal display panel means:

  • (a) in the case of a consumer prepackaged food whose container is mounted on a display card, the part of the label that is applied to one of both of the following:
    • (i) all or part of the surface of the display surface
    • (ii) all or part of the surface of the display card that is displayed or visible under customary conditions of sale or use
  • (b) in the case of a consumer prepackaged food whose container is an ornamental container, the part of the label that is applied
    • (i) to all or part of the bottom of the container
    • (ii) to all or part of the principal display surface, or
    • (iii) to all or part of a tag that is attached to the container
  • (c) in the case of a consumer prepackaged food whose container is not described in paragraph (a) or (b), the part of the label that is applied to all or part of the principal display surface
  • (d) in the case of a prepackaged food other than a consumer prepackaged food, the part of the label
    • (i) that is applied or attached to all or part of the surface of the container that is displayed or visible under customary conditions of sale or use, or
    • (ii) if the container does not have such a surface, that is applied to any part of the container except any part that is the bottom of the container; or
  • (e) in the case of a food that is not a prepackaged food, the part of the label that is applied or attached to all or part of the surface of the food that is displayed or visible under customary conditions of sale or use [1, SFCR]

As defined in the Food and Drug Regulations, principal display panel means, despite the meaning of principal display panel in section A.01.010,

  • (a) in the case of a label that is applied to a consumer prepackaged food within the meaning of section 1 of the Safe Food for Canadians Regulations (SFCR), the principal display panel as described in paragraphs (a) to (c) of the definition of that term in that section (see SFCR definition for principal display panel above)
  • (b) in the case of a label that is applied to a prepackaged product other than a consumer prepackaged food subject to the Safe Food for Canadians Regulations, the part of the label that is applied to all or part of any side or surface of the container that is displayed or visible under normal or customary conditions of sale or use and, if the container does not have such a side or surface, the part of the label that is applied to any part of the container except on the bottom; or
  • (c) in the case of a label that is applied to a food that is not a prepackaged product, the part of the label that is applied to all or part of the side or surface of the food that is displayed or visible under normal or customary conditions of sale or use [B.01.001(1), FDR].

Principal display surface

The Safe Food for Canadians Regulations define principal display surface in respect of the container of a consumer prepackaged food. It means:

  • (a) if the container has a surface that is displayed or visible under customary conditions of sale or use, the total area of that surface, excluding any surface that is the top of the container
  • (b) if the container has a lid that is the part of the container that is displayed or visible under customary conditions of sale or use, the total area of the top surface of the lid
  • (c) if the container does not have a particular surface that is displayed or visible under customary conditions of sale or use, 40% of the total surface area of the container, excluding any surface area that is its top and bottom, if it is possible for that 40% to be displayed or visible under customary conditions of sale or use
  • (d) if the container is a bag with surfaces of equal dimensions, the total area of one of the surfaces
  • (e) if the container is a bag with surfaces of different dimensions, the total area of one of the largest surfaces
  • (f) despite paragraphs (a) to (e), if the container does not have a surface that is displayed or visible under customary conditions of sale or use to which a label can be applied, the total area of one side of a tag that is attached to the container
  • (g) despite paragraphs (a) to (e), if the container contains wine that is exposed for sale, any part of the surface of the container, excluding its top and bottom, that can be seen without having to turn the container; and
  • (h) if the container is a wrapper or confining band that is so narrow in relation to the size of the food that it cannot reasonably be considered to have any surface that is displayed or visible under customary conditions of sale or use, the total area of one side of a tag that is attached to the container [1, SFCR].
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