Food and Drug Regulations

B.29.018 (1) Despite section A.01.016 and subject to subsection (2), if the available display surface of a supplemented food is less than 100 cm², the label of the supplemented food need not carry a supplemented food facts table if the outer side of the label contains an indication of how a purchaser or consumer may obtain the information that would otherwise be required to be set out in a supplemented food facts table on the label of the supplemented food.

(2) Subsection (1) does not apply to a supplemented food

• (a) if the label of the supplemented food is required to show a list of cautionary statements; or

• (b) that is the subject of any of the following representations on the label of the supplemented food or in any advertisement for the supplemented food that is made or placed by or on the direction of the manufacturer of the supplemented food:

  • (i) any declaration of the supplemented food’s energy value or the amount of a nutrient or supplemental ingredient contained in the supplemented food,

  • (ii) any representation that expressly or implicitly indicates that the supplemented food or any substance it contains has particular nutritional or health-related properties, including any statement or claim set out in column 4 of the Table of Permitted Nutrient Content Statements and Claims or column 1 of the table following section B.01.603 or referred to in section B.01.311, D.01.006 or D.02.004, and

  • (iii) any health-related statement, name, logo, symbol, seal of approval or mark.

(3) Despite paragraph (2)(b), subsection (1) applies to a supplemented food that meets the conditions set out in column 2 of item 37 of the Table of Permitted Nutrient Content Statements and Claims for the subject “Free of sugars” set out in column 1 if

• (a) the supplemented food is not the subject of any representation referred to in paragraph (2)(b) other than

  • (i) a statement or claim set out in column 4 of item 37 of the Table of Permitted Nutrient Content Statements and Claims for the subject “Free of sugars” set out in column 1,

  • (ii) the energy value of the supplemented food expressed in Calories per serving of stated size, and

  • (iii) the amount of sugar alcohols expressed in grams per serving of stated size;

• (b) the statement or claim set out in column 4 of item 37 of the Table of Permitted Nutrient Content Statements and Claims for the subject “Free of sugars” set out in column 1 and that appears on the label is

  • (i) legibly set out on the principal display panel,

  • (ii) in lower case letters except for the first letter of each word of the statement or claim, which may be an upper case letter,

  • (iii) of at least the same size and prominence as the letters used in the numerical portion of the declaration of net quantity as required under paragraph 229(1)(a) and subsections 229(2) and (3) of the Safe Food for Canadians Regulations, and

  • (iv) displayed in a colour contrasting with the background of the label;

• (c) the energy value of the supplemented food expressed in Calories per serving of stated size and the amount of sugar alcohols expressed in grams per serving of stated size are shown immediately after whichever of the following elements appears last on the label:

  • (i) the list of ingredients,

  • (ii) a food allergen source, gluten source and added sulphites statement as defined in subsection B.01.010.1(1),

  • (iii) a declaration referred to in subsection B.01.010.4(1), or

  • (iv) any statement referred to in subsection B.01.014(1);

• (d) the label of the supplemented food is not required to show a list of cautionary statements.

(4) An indication referred to in subsection (1)

• (a) must be set out in a type size of not less than 8 points;

• (b) must include a postal address, website address or toll-free telephone number; and

• (c) must be

  • (i) in English and French, or

  • (ii) in one of those languages, if, in accordance with subsection B.01.012(3), the information that is required by these Regulations to be shown on the label of the supplemented food may be shown in that language only and is shown on the label in that language.

(5) The manufacturer of the supplemented food must provide the information referred to in subsection (1) to a purchaser or consumer on request

• (a) without charge;

• (b) in the following manner, namely,

  • (i) in the official language in which the information is requested or, if specified by the purchaser or consumer, in both official languages, or

  • (ii) in one of the official languages, if, in accordance with subsection B.01.012(3), the information that is required by these Regulations to be shown on the label of the supplemented food may be shown in that language only and is shown on the label in that language; and

• (c) in the form of a supplemented food facts table that is set out

  • (i) in a format, other than a horizontal format, that is specified in any of sections B.29.009 to B.29.015 and that would otherwise be carried on the label of the supplemented food in accordance with these Regulations, and

  • (ii) in a version of that format that is listed in column 1 of item 1 of any Part of the table to the applicable section referred to in subparagraph (i).