BILL C-455

	1st Session, 36th Parliament, 46-47 Elizabeth II, 1997-98
	The House of Commons of Canada
	BILL C-455
	An Act to amend the Food and Drugs Act (nutrition information on foods)
R.S., c. F-27, cc. 27, 31 (1st Supp.), c. 27 (3rd Supp.), c. 42 (4th Supp.); 1992, c. 1; 1993, cc. 34, 37, 44; 1994, cc. 38, 47; 1995, c. 1; 1996, cc. 8, 16, 19; 1997, cc. 6, 18	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 Food and Drugs Act* is amended by adding the following in alphabetical order:**
``food intended for retail sale'' « aliment destiné à la vente au détail »	``food intended for retail sale'' does not include
	(a) food sold in a restaurant;
	(b) alcoholic beverages;
	(c) food prepared on the premises of a retail business;
	(d) food normally used in religious ceremonies; or
	(e) a prescribed food containing negligible amounts of the nutrients listed in subparagraph 4.1(1)(a)(iii) where there is no nutrient content claim on the label or any advertising accompanying the food.
``nutrient content claim'' « mention de la teneur en nutriments »	``nutrient content claim'' means a statement that describes, directly or indirectly, the amounts of certain nutrients in a food or group of foods.
``portion'' « portion »	``portion'' means a fixed quantity of a particular food customarily consumed at a single eating occasion as prescribed by regulation.
	2. The Act is amended by adding the following after section 4:
Nutrition information	4.1 (1) Subject to subsection (2) and notwithstanding section 8 of the Consumer Packaging and Labelling Act, no person shall package a food intended for retail sale or import a packaged food intended for retail sale unless a label is affixed to the package clearly showing, in English and in French, in the prescribed manner and form,
	(a) where the total surface area of the package is equal to or greater than 120 square centimetres:
	(i) the number of portions per package,
	(ii) the size of the portion expressed in common household measurements as prescribed by regulation,
	(iii) the amount of calories, total fat, saturated fat, trans fat, cholesterol, sodium, total carbohydrate, dietary fibre, sugar, protein, iron, calcium, folic acid, potassium, vitamin A and vitamin C contained in one portion; and
	(b) where the total surface area of the package is less than 120 square centimetres:
	(i) the nutrition information required by paragraph (a), or
	(ii) a toll-free telephone number and a statement that a person may obtain, in both official languages, the nutrition information referred to in paragraph (a).
Exception	(2) Subsection (1) does not apply to a person where
	(a) in either or both of the two years before the year in which the person packages a food intended for retail sale or imports a packaged food intended for retail sale, the person has less than $500,000 in gross annual revenues from those activities; and
	(b) the label contains no nutrient content claim.
Nutrition information	(3) No person shall sell a food in bulk or sell unpackaged fruits or vegetables unless the nutrition information referred to in subparagraph 4.1(1)(a)(iii) is provided in the prescribed manner and form at the retail point of sale.
Exception	(4) Subsection (3) does not apply to a person where
	(a) in either or both of the two years before the year in which the person sells a food in bulk or sells unpackaged fruits or vegetables, the person has less than $500,000 in gross annual revenues from those activities; and
	(b) no nutrient content claim is made at the point of sale.
Nutrition information by telephone	(5) A person who is required to place a telephone number on a label for the purposes of paragraph (1)(b) shall maintain the telephone number in operation and shall provide the information required under paragraph (1)(a) in both official languages.
Exception	(6) For the purposes of subsections (1), (3) and (5), a person who provides nutrition information on a food under those subsections that differs by no more than ten per cent from the nutritional content of a sample of the food as determined by an inspector under this Act does not commit an offence.
	3. The Act is amended by adding the following after section 29:
	RESEARCH AND STUDIES
Research and studies	29.1 The Minister may conduct research and studies to determine the quantities of nutrients listed in subparagraph 4.1(1)(a)(iii) that are present in average specimens of fresh meats, poultry, seafood, fruits and vegetables and, where appropriate, their respective grades.
	4. (1) Subsection 30(1) of the Act is amended by adding the following after paragraph (b):
	(b.1) the determination, for the purposes of subsection 4.1(1), of the size of the portion of a particular food that is customarily consumed at a single eating occasion so that consumers may compare foods in the same category in order to monitor their daily intake of the nutrients listed in subsection 4.1(1);
	(b.2) the determination of the manner in which the nutrition information required by section 4.1 shall be indicated on the labels in order to
	(i) allow consumers to easily locate, read and understand the nutrition information on the label, and
	(ii) help consumers understand the relative significance of the nutrition information in relation to their daily diet;
	(b.3) the removal from the definition of ``food intended for retail sale'' of foods that contain none of the nutrients listed in subparagraph 4.1(1)(a)(iii) or that contain only negligible amounts of them where there is no nutrient content claim on the label of such foods and no nutrient content claim is made at the point of sale;
	(b.4) the amendment of the list of nutrients required by subparagraph 4.1(1)(a)(iii).
	(2) Section 30 of the Act is amended by adding the following after subsection (1):
Consulta- tions	(1.1) Before making a regulation under paragraphs (1)(b.1) to (b.3), the Governor in Council shall consult at least two organizations that represent the interests of Canadian consumers and at least two organizations that represent the interests of food manufacturers, packers or distributors in Canada.
	5. Section 31.1 of the Act is replaced by the following:
Offence related to food	31.1 (1 ) Every person who contravenes any provision of this Act or the regulations, as it relates to food, with the exception of section 4.1 and the regulations made thereunder , is guilty of an offence and liable
	(a) on summary conviction, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding six months or to both; or
	(b) on conviction on indictment, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding three years, or to both.
Offence relating to food	(2) Every person who contravenes section 4.1 or any of the regulations made thereunder is guilty of an offence and liable
	(a) on summary conviction,
	(i) for a first offence, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding three months or to both, or
	(ii) for a subsequent offence, to a fine not exceeding $100,000 and to imprisonment for a term not exceeding six months or to both; or
	(b) on conviction on indictment, to a fine not exceeding $200,000 and to imprisonment for a term not exceeding three years or to both.
	6. Subsection 32(1) of the Act is replaced by the following:
Limitation period for offences respecting food	32. (1) A prosecution for a summary conviction offence or an indictable offence under this Act or regulations, with the exception of section 4.1 and the regulations made thereunder , may be instituted at any time within two years after the time when the subject matter of the proceedings becomes known to the Minister or, in the case of a contravention of a provision of the Act that relates to food, to the Minister of Agriculture and Agri-Food.
Exception	(1.1) A prosecution for a contravention of section 4.1, or the regulations made thereunder, may be instituted at any time.

RESEARCH AND STUDIES