1nd Session, 35th Parliament,
42 Elizabeth II, 1994

The House of Commons of Canada

BILL C-204

An Act to amend the Consumer Packaging and Labelling Act (nutritional value of food)

R.S., c. C-38; c. 31 (1st Supp.); 1992 c. 1

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. Section 2 of the Consumer Packaging and Labelling Act is amended by adding the following in alphabetical order:

``processed food''
« aliment condition-
né »

``processed food'' means any food for human consumption that, outside of Canada or in Canada in an establishment that has more than five full time employees, has been cooked or is combined with other food and that is intended for retail sale, but does not include food sold

    (a) in a restaurant or other establishment selling food that is usually consumed immediately;

    (b) in a temporary establishment; or

    (c) from a motor vehicle.

2. The Act is amended by adding the following after section 5:

Prohibition

5.1 (1) No person shall prepackage any product consisting of processed food unless there is affixed to the package a list in English and French showing the exact nutritional value of the food in terms of

    (a) vitamins A, B1, B2, B6, B12, C and D, expressed in milligrams per 100 grams;

    (b) carbohydrates, expressed in percentage by weight;

    (c) fat, expressed in percentage by weight;

    (d) calories per portion.

When nutritional value deemed exact

(2) For the purposes of subsection (1), the nutritional value shown on a processed food package is deemed to be exact where, with respect to each of the nutritional value components named in subsection (1), no variance thereof from the nutritional value of the food determined by the Minister pursuant to subsection 12(1.1) exceeds ten per cent of the value so determined.

3. (1) The heading before section 12 of the Act is replaced by the following:

RESEARCH, STUDIES AND ANALYSES

(2) Section 12 of the Act is amended by adding the following after subsection (1):

Analysis

(1.1) The Minister may submit for analysis any prepackaged product consisting of processed food, or any sample therefrom, that has been seized and detained pursuant to this Act.

4. Section 20 of the Act is amended by adding the following after subsection (1):

Contraven-
tions of section 5.1

(1.1) Every person who contravenes section 5.1 is guilty of an offence and liable, on summary conviction,

    (a) for a first offence, to a fine not exceeding one hundred thousand dollars; and

    (b) for each subsequent offence, to a fine not exceeding one million dollars.

5. Subsection 22(1) of the Act is replaced by the following:

Identification appearing on labels

22. (1) In any prosecution for an offence under this Act, evidence that a label applied to a product bore identification purporting to identify the person by or for whom the product was manufactured, produced or packaged is, in the absence of evidence to the contrary, proof that the person whose identification appeared on the label is the person by or for whom the product was manufactured or produced and the person responsible for the information and representations on the label.

COMING INTO FORCE

Coming into force

6. This Act shall come into force on a day to be fixed by order of the Governor in Council.