O. Reg. 119/11: PRODUCE, HONEY AND MAPLE PRODUCTS

Food Safety and Quality Act, 2001

ONTARIO REGULATION 119/11

Produce, Honey and Maple Products

Historical version for the period July 1, 2012 to November 26, 2015.

Last amendment:  O. Reg. 127/12.

This is the English version of a bilingual regulation.

CONTENTS

 

Part I
Definitions and Application

Definitions

1. In this Regulation,

“bulk container” means,

(a) with respect to honey, a container with a weight capacity of more than five kilograms of honey,

(b) with respect to maple syrup, a container with a capacity of more than five litres,

(c) with respect to maple products other than maple syrup, a container with a weight capacity of more than five kilograms; (“gros contenant”)

“comb honey” means honey that is in the honeycomb; (“miel en rayon”)

“consumer” means an individual who purchases produce, honey or maple products for his or her use or consumption or for the use or consumption by other individuals at his or her expense; (“consommateur”)

“consumer container” means,

(a) with respect to honey, a container with a weight capacity of five kilograms or less,

(b) with respect to maple syrup, a container with a capacity of five litres or less,

(c) with respect to maple products other than maple syrup, a container with a weight capacity of five kilograms or less; (“petit contenant”)

“container” means, with respect to honey or maple products, any bottle, jar, bag, pail, drum or other receptacle that contains the honey or maple product; (“contenant”)

“full address” means sufficient information to identify the exact location of the relevant person’s premises, such as a municipal address or property identification number, and includes a postal code; (“adresse complète”)

“honey” means the food derived from the nectar of blossoms or from secretions of or on the living parts of plants by the work of honey bees, and includes comb honey; (“miel”)

“honey substitute” means any product that resembles honey and is prepared for the same uses as honey and that may include honey as an ingredient but not as the sole ingredient; (“succédané de miel”)

“label” includes any mark, sign, device, imprint or stamp that is applied to a package or container in accordance with subsection 19 (2) and includes a ticket or tag applied to the package or container in accordance with subsection 19 (2); (“étiquette”)

“maple product” means any product, including maple syrup, maple sugar and maple taffy, that is obtained exclusively from the concentration of maple sap or, in the case of maple syrup, by the dilution of other maple products in potable water; (“produit de l’érable”)

“maple product substitute” means any product that resembles a maple product in appearance and is prepared for the same uses as a maple product but is not obtained exclusively from maple sap; (“succédané de produit de l’érable”)

“maple syrup” means syrup that,

(a) is produced from the concentration of maple sap or by the dilution of maple products in potable water, and

(b) has a minimum soluble solids content of 66 per cent as determined by a refractometer at 20° C; (“sirop d’érable”)

“master container” means a container that is designed to hold more than one package of produce; (“contenant d’expédition”)

“minimally processed” means, with respect to produce, peeled, cut, sliced or shredded in order to prepare and package it for sale as ready-to-eat or ready-to-cook; (“minimalement transformé”)

“nuts” means all nuts that are still in the shell and includes peanuts; (“noix”)

“package” means, with respect to produce, a bag, receptacle or container of any size, some that may be used for sale to a consumer without repackaging and others for bulk sales or sales to a consumer from a bulk display, and includes a wrapper or confining band that contains the produce and a box or bin, but does not include foil wrap on individual potatoes or transparent film wrap on individual specimens of produce; (“emballage”)

“packer” means any person who packs produce, honey or maple products, including a person who does so on behalf of a retailer or producer or another person; (“emballeur”)

“processed” means, with respect to produce, canned or preserved; (“transformé”)

“produce” means anything listed in paragraph 1 of subsection 2 (1), whether or not it is wrapped or packaged, including anything listed in that paragraph that is cut into pieces for the purpose of selling the pieces individually, but not including anything listed in paragraph 1 of subsection 2 (1) that is minimally processed or otherwise processed or used in the manufacture of other products; (“produit agricole”)

“sell” includes offering to sell or possessing for the purpose of sale and “sale”, “sold” or “selling” have corresponding meanings. (“vendre”)  O. Reg. 119/11, s. 1; O. Reg. 127/12, s. 1.

Application

2. (1) Subject to subsections (2) to (6), this Regulation applies to the following foods, whether produced in Ontario or produced outside Ontario and imported into Ontario:

1. Any of the following that are grown or harvested for commercial purposes:

i. Fruit and vegetables.

ii. Sprouts.

iii. Culinary herbs.

iv. Nuts.

v. Edible fungi.

2. Honey.

3. Maple products.  O. Reg. 119/11, s. 2 (1); O. Reg. 127/12, s. 2 (1).

(2) Foods described in subsection (1) that are produced in Ontario and packed at a place in Ontario that is a registered establishment are exempt from this Regulation but are subject to,

(a) in the case of honey, the Honey Regulations made under the Canada Agricultural Products Act;

(b) in the case of maple products, the Maple Products Regulations made under the Canada Agricultural Products Act; and

(c) in the case of produce, the Fresh Fruit and Vegetable Regulations made under the Canada Agricultural Products Act.  O. Reg. 127/12, s. 2 (2).

(3) Foods described in subsection (1) that are produced in a foreign country or in a Canadian jurisdiction outside Ontario and that are imported into Ontario are exempt from this Regulation and are subject to the appropriate federal regulation referred to in subsection (2), unless they are repacked at a place in Ontario that is not a registered establishment.  O. Reg. 127/12, s. 2 (2).

(4) In this section,

“registered establishment” means any place that is a registered establishment within the meaning of either the Honey Regulations, the Maple Products Regulations or the Fresh Fruit and Vegetable Regulations made under the Canada Agricultural Products Act.  O. Reg. 127/12, s. 2 (2).

(4.1) Despite subsections (2) and (3), Parts V and VI of this Regulation apply to all produce sold or offered for sale in Ontario, even though the produce was packed or repacked at a registered establishment.  O. Reg. 127/12, s. 2 (2).

(5) This Regulation does not apply to the following produce:

1. Any produce that is grown or harvested by or for a person for the person’s own use or for the use of the person’s household.

2. Any produce imported from outside Canada that is of a type that is not commercially grown or harvested anywhere in Canada whether or not it is packed or repacked at a registered establishment.

3. Any fruit or vegetables that are grown for the sole purpose of producing seed.

4. Any nuts that are not intended for human consumption.  O. Reg. 119/11, s. 2 (5); O. Reg. 127/12, s. 2 (3).

(6) This Regulation does not apply to honey sold by a producer if all of the following conditions are met:

1. The honey was produced in the producer’s apiary.

2. The honey is sold,

i. at the producer’s place of residence,

ii. directly to the consumer, and

iii. in a container that has markings setting out the name and full address of the producer and either the words “honey/miel” or the words “comb honey/miel en rayon”, as the case may be.  O. Reg. 127/12, s. 2 (4).

Regulated activities

3. The following activities are regulated activities for the purposes of the Act:

1. The sale of any produce, honey or maple products.

2. The packaging and labelling of any produce, honey or maple products.

3. The transportation of any produce, honey or maple products for the purpose of sale.

4. Advertising the sale of any produce, honey or maple products.  O. Reg. 119/11, s. 3.

Part II
Food Safety and Quality

Contaminated Food

Prohibition, contamination

4. (1) No person shall sell, pack or transport any produce, honey or maple product that is contaminated.  O. Reg. 119/11, s. 4 (1).

(2) No person shall harvest for human consumption any produce that is contaminated.  O. Reg. 119/11, s. 4 (2).

(3) No person shall mix a contaminated maple product with a maple product that is not contaminated.  O. Reg. 119/11, s. 4 (3).

(4) No person shall mix contaminated honey with honey that is not contaminated.  O. Reg. 119/11, s. 4 (4).

(5) In this section,

“contaminated” means, with respect to any food, that the food,

(a) contains or has been treated with or exposed to,

(i) a substance not permitted by, or in an amount in excess of the limits prescribed under the Canadian Environmental Protection Act, 1999, the Food and Drugs Act (Canada) and the Pest Control Products Act (Canada), or

(ii) any source of ionizing radiation not permitted by, or in excess of the limits prescribed under the Food and Drugs Act (Canada), or

(b) contains or has been exposed to a hazard;

“hazard” means a biological, chemical or physical agent or factor, a condition of a food, an agricultural commodity or seed for sprouting or the environment in which a food, an agricultural commodity or seed for sprouting is produced, processed, handled or stored, if the agent, factor, condition or environment, as the case may be, may directly or indirectly cause the food or agricultural commodity to be unsafe for human consumption in the absence of its control.  O. Reg. 119/11, s. 4 (5); O. Reg. 127/12, s. 3.

Miscellaneous

Comb honey

5. No person shall sell, pack or transport comb honey if the honey is infested by wax moth or small hive beetle.  O. Reg. 119/11, s. 5.

Premises, honey and maple products

6. Every person who operates premises at which honey and maple products are produced or packed shall maintain the premises, and the facilities, equipment and utensils used in their production or packing, in a clean and sanitary condition. O. Reg. 127/12, s. 4.

Part III
Grading and Colour Classification

Application

7. (1) This Part applies only to potatoes, honey and maple syrup.  O. Reg. 119/11, s. 7 (1).

(2) In the case of potatoes and honey, this Part applies only to potatoes and honey that are intended to be sold to a consumer.  O. Reg. 119/11, s. 7 (2).

(3) For greater certainty, this Part does not apply to,

(a) potatoes that are intended to be minimally processed, processed or used in the manufacture of other foods; or

(b) honey that is intended to be used in the manufacture of other foods.  O. Reg. 119/11, s. 7 (3).

Note:  On July 1, 2016, section 7 is revoked and the following substituted:

Application

7. (1) This Part applies only to honey and maple syrup.  O. Reg. 119/11, s. 27 (1).

(2) This Part applies only to honey that is intended to be sold to a consumer and does not apply to honey that is intended to be used in the manufacture of other foods.  O. Reg. 119/11, s. 27 (1).

See:  O. Reg. 119/11, ss. 27 (1), 28 (2).

Grading required, prohibitions

8. (1) Potatoes, honey and all maple syrup shall be graded in accordance with this Part and honey and maple syrup shall be classified for colour in accordance with this Part.  O. Reg. 119/11, s. 8 (1).

Note:  On July 1, 2016, subsection (1) is revoked and the following substituted:

Grading required, prohibitions

(1) Honey and maple syrup shall be graded and classified for colour in accordance with this Part.  O. Reg. 119/11, s. 27 (2).

See:  O. Reg. 119/11, ss. 27 (2), 28 (2).

(2) No person shall pack potatoes that have not been graded in accordance with section 10.  O. Reg. 119/11, s. 8 (2).

Note:  On July 1, 2016, subsection (2) is revoked.  See:  O. Reg. 119/11, ss. 27 (2), 28 (2).

(3) No person shall sell or transport potatoes that have not been graded in accordance with section 10 unless the potatoes are being sold or transported to a person for the purpose of storage, grading or packing.  O. Reg. 119/11, s. 8 (3).

Note:  On July 1, 2016, subsection (3) is revoked.  See:  O. Reg. 119/11, ss. 27 (2), 28 (2).

(4) No person shall sell, pack or transport honey that has not been graded and classified for colour in accordance with section 11 in a consumer container.  O. Reg. 119/11, s. 8 (4).

(5) No person shall pack honey that has not been graded and classified for colour in accordance with section 11 in a bulk container if it is intended to be sold directly to a consumer or a retail outlet.  O. Reg. 119/11, s. 8 (5).

(6) No person shall sell or transport honey that has not been graded and classified for colour in accordance with section 11 in a bulk container if it is being sold or transported directly to a consumer or a retail outlet.  O. Reg. 119/11, s. 8 (6).

(7) No person shall sell, pack or transport maple syrup that has not been graded and classified for colour in accordance with section 12 in a consumer container.  O. Reg. 119/11, s. 8 (7).

(8) No person shall pack maple syrup that has not been graded and classified for colour in accordance with section 12 in a bulk container if it is intended to be sold directly to a consumer or a retail outlet.  O. Reg. 119/11, s. 8 (8).

(9) No person shall sell or transport maple syrup that has not been graded and classified for colour in accordance with section 12 in a bulk container if it is being sold or transported directly to a consumer or a retail outlet.  O. Reg. 119/11, s. 8 (9).

(10) For greater certainty, subsections (6) and (9) do not apply to any sale or transportation of honey or maple syrup in bulk containers that occurs prior to the sale or transportation directly to the consumer or retail outlet.  O. Reg. 119/11, s. 8 (10).

(11) In this section,

“retail outlet” means a commercial business at which produce, honey or maple products are sold directly to consumers, but does not include a honey producer’s premises from which honey is sold directly to consumers.  O. Reg. 119/11, s. 8 (11).

Who grades

9. (1) The grading of potatoes, honey and maple syrup and the classification by colour of honey and maple syrup may be carried out by any producer, packer or retailer or by any other person acting on behalf of a producer, packer or retailer, so long as it is carried out before the potatoes, honey or maple syrup are sold to the consumer.  O. Reg. 119/11, s. 9 (1).

(2) If potatoes, honey or maple syrup are graded and packed and then subsequently repacked, the person who repacks the potatoes, honey or maple syrup, as the case may be, shall ensure that the potatoes, honey or maple syrup, as repacked, comply with the requirements for grade and colour classification set out in this Part.  O. Reg. 119/11, s. 9 (2).

Note:  On July 1, 2016, section 9 is revoked and the following substituted:

Who grades

9. (1) The grading and classification by colour of honey and maple syrup may be carried out by any producer, packer or retailer or by any other person acting on behalf of a producer, packer or retailer, so long as it is carried out before the honey or maple syrup are sold to the consumer.  O. Reg. 119/11, s. 27 (3).

(2) If honey or maple syrup is graded and packed and then subsequently repacked, the person who repacks the honey or maple syrup, as the case may be, shall ensure that the honey or maple syrup, as repacked, comply with the requirements for grade and colour classification set out in this Part.  O. Reg. 119/11, s. 27 (3).

See:  O. Reg. 119/11, ss. 27 (3), 28 (2).

Grading of potatoes

10. (1) A person who grades potatoes shall grade them in accordance with,

(a) the grades, standards and tolerances established for potatoes under the Fresh Fruit and Vegetable Regulations made under the Canada Agricultural Products Act; or

(b) the grades and grade requirements set out in Table 1.  O. Reg. 119/11, s. 10 (1); O. Reg. 127/12, s. 5.

(2) Despite clause (1) (b), in grading a lot of potatoes in accordance with Table 1, it is not necessary for every potato in the lot to meet the requirements referred to in that Table as long as the potatoes in the lot fall within the tolerances permitted under subsections (3), (4), (5), (6) and (7).  O. Reg. 119/11, s. 10 (2).

(3) Subject to subsections (4) and (5), the tolerances for variations from the requirements referred to in Table 1 for any grade of potato referred to in that Table, other than Ontario Mini Grade potatoes, are as follows:

1. Up to 5 per cent, by weight, of the lot may be below the required minimum size and up to 5 per cent of the lot may be above the required maximum size.

2. Up to 1 per cent, by weight, of the lot may be affected by soft rot other than bacterial ring rot.

3. For Ontario No. 1 Grade and Ontario No. 1 Small Grade, up to 3 per cent, by weight, of the lot may be affected by hollow hearts.

4. For Ontario No. 1 Large Grade, up to 5 per cent, by weight, of the lot may be affected by hollow hearts.

5. For Ontario No. 2 Grade, up to 10 per cent, by weight, of the lot may be affected by hollow hearts.

6. Up to 4 per cent, by weight, of the lot may be affected by other grade defects.  O. Reg. 119/11, s. 10 (3).

(4) With respect to any grade of potato referred to in subsection (3), the tolerances for variations from the grade requirements described in subsection (3) for any given lot of potatoes shall not be more than 10 per cent, by weight, of the lot.  O. Reg. 119/11, s. 10 (4).

(5) In addition to the tolerances for variations from the grade requirement under subsection (4), each package of potatoes packed from a lot may contain one off-sized potato and one other potato containing a defect of another kind.  O. Reg. 119/11, s. 10 (5).

(6) Subject to subsection (7), the tolerances for variations from the requirements set out in Table 1 for Ontario Mini Grade potatoes are as follows:

1. Up to 5 per cent, by weight, of the lot may be above the required maximum size.

2. Up to 3 per cent, by weight, of the lot may be affected with hollow heart.

3. Up to 1 per cent, by weight, of the lot may be affected by decay.

4. Up to 5 per cent, by weight, of the lot may have defects other than those referred to in paragraph 1, 2 or 3.  O. Reg. 119/11, s. 10 (6).

(7) In any given lot of Ontario Mini Grade potatoes, variations from the requirements for such potatoes shall not be more than 10 per cent, by weight, of the lot.  O. Reg. 119/11, s. 10 (7).

(8) Despite anything in this section, in the case of new potatoes shipped from the packer’s premises on or before September 15 of any year,

(a) the minimum diameter shall be one inch and seven eighths of an inch for new potatoes of Ontario No. 1 Grade and Ontario No. 2 Grade;

(b) washed new potatoes need not be reasonably mature; and

(c) any lot of unwashed new potatoes of Ontario No. 1 Grade shall contain not more than 10 per cent of the new potatoes with more than half the skin feathered or missing.  O. Reg. 119/11, s. 10 (8).

(9) In this section and in Table 1,

“damage” means,

(a) with respect to Ontario No. 1 Grade, Ontario No. 1 Large Grade and Ontario No. 1 Small Grade potatoes, any injury caused by,

(i) surface scab,

(A) that shows no pronounced contrast with the background colour of the potato and the aggregate area affected exceeds 5 per cent of the surface of the potato, or

(B) surface scab that shows pronounced contrast with the background colour of the potato and the aggregate area affected exceeds 3 per cent of the surface of the potato,

(ii) pitted scab that affects the appearance of the potato to a greater extent than the amount of surface scab permitted under subclause (i), or that causes a loss of more than 5 per cent of the total weight of the potato including the peel covering the defective area,

(iii) russet scab that materially affects the appearance of the potato,

(iv) sunburn that causes a dark green area more than one-half of an inch in diameter on a potato two and a half inches in diameter or a correspondingly smaller or larger dark green area on a smaller or larger potato, or that causes discolouration that extends into the flesh of the potato to the extent that it causes a waste of at least 5 per cent by weight of the potato including the peel covering the defective area,

(v) greening that materially affects the potato by yellowish or greenish surface discolouration or that extends into the flesh of the potato to the extent that it causes a waste of at least 5 per cent of the total weight of the potato including the peel covering the defective area,

(vi) sprouts exceeding one-half of an inch in length on inspection at shipping point, or exceeding one inch in length on inspection at destination, where more than 10 per cent by weight of the potatoes are so affected, and

(vii) any other injury or defect that causes a waste of more than 5 per cent of the total weight of the potato including the peel covering the defective area, and

(b) in the case of Ontario No. 2 Grade potatoes, blight that causes a waste of more than 5 per cent of the total weight of the potato, including the peel covering the defective area;

“diameter” means the greatest diameter at right angles to the longitudinal axis;

“fairly well matured” means that not more than 10 per cent by weight of the individual potatoes in a lot have more than one-quarter of the skin missing or feathered;

“fairly well shaped” means that the individual potato is not materially pointed, dumbbell shaped or otherwise deformed;

“reasonably clean” means that the individual potatoes are not caked with dirt or materially stained and the appearance of the potatoes is not materially affected;

“reasonably mature” means that more than 10 per cent by weight of the individual potatoes in a lot have more than one-half of the skin missing or feathered;

“serious damage” means any injury caused by,

(a) scab when more than 25 per cent of the surface of the potato in the aggregate is affected, and

(b) defects, including scab, that cause a waste of more than 10 per cent of the total weight of the potato including the peel covering the defective area;

“seriously misshapen” means that the individual potato is pointed, dumbbell shaped or otherwise deformed;

“soft rot” means any soft, mushy condition of the tissues of the potato.  O. Reg. 119/11, s. 10 (9).

Note:  On July 1, 2016, section 10 is revoked.  See:  O. Reg. 119/11, ss. 27 (4), 28 (2).

Grading of honey

11. (1) A person who grades honey and classifies it for colour shall,

(a) grade the honey in accordance with the grades and grade requirements set out in Table 2; and

(b) classify the honey for colour in accordance with the colour classes and descriptions set out in Table 3.  O. Reg. 119/11, s. 11 (1).

(2) The colour classification of honey shall be determined in accordance with a colour designation on a honey classifier listed in Column 2 of Table 3 or in accordance with a Pfund scale reading on a honey grader listed in Column 3 of that Table.  O. Reg. 119/11, s. 11 (2); O. Reg. 127/12, s. 6.

(3) The colour classification of honey shall take place while the honey is in its liquid form.  O. Reg. 119/11, s. 11 (3).

(4) Despite clause (1) (a), until July 1, 2013, honey graded under this Regulation,

(a) may be assigned the grade name “Canada No. 1” instead of “Ontario No. 1” if it meets the grade requirements for “Ontario No. 1” described in Table 2;

(b) may be assigned the grade name “Canada No. 2” instead of “Ontario No. 2” if it meets the grade requirements for “Ontario No. 2” described in Table 2; and

(c) may be assigned the grade name “Canada No. 3” instead of “Ontario No. 3” if it meets the grade requirements for “Ontario No. 3” described in Table 2.  O. Reg. 119/11, s. 11 (4).

(5) This section does not apply to comb honey.  O. Reg. 119/11, s. 11 (5).

Grading of maple syrup

12. (1) A person who grades maple syrup and classifies it for colour shall,

(a) grade the maple syrup in accordance with the grades and grade requirements set out in Table 4; and

(b) classify the maple syrup for colour in accordance with the colour classes and descriptions set out in Table 5.  O. Reg. 119/11, s. 12 (1).

(2) The colour classification for maple syrup shall be determined optically by means of,

(a) a spectrophotometer, using matched square optical cells having a 10 millimetre light path at a wavelength of 560 nanometres, the colour values being expressed in percent of light transmission as compared to A. R. Glycerol fixed at 100 per cent transmission; or

(b) a visual glass comparator, the optical specifications of which correspond as closely as possible to the specifications determined in accordance with clause (a).  O. Reg. 119/11, s. 12 (2).

(3) Despite subsection (1), until July 1, 2013,

(a) maple syrup that meets the requirements for Ontario No. 1 grade, as set out in Table 4, and is classified for colour as “Amber” in accordance with Table 5 may be assigned the grade name “Ontario Amber”; and

(b) maple syrup graded under this Regulation may be graded in accordance with the grades and grade requirements adopted in the Maple Products Regulations made under the Canada Agricultural Products Act, other than the requirements set out in section 5 of that regulation.  O. Reg. 119/11, s. 12 (3).

Part IV
Packages, Containers and Labels

General

Application

13. (1) This Part applies to produce that is intended for sale to a consumer but does not apply to produce that is intended to be processed, minimally processed or used in the manufacture of other foods.  O. Reg. 119/11, s. 13 (1).

(1.1) For greater certainty, the reference to the manufacture of other foods in subsection (1) does not include the preparation of foods in food service premises, as that term is defined in subsection 1 (1) of Regulation 562 of the Revised Regulations of Ontario, 1990 (Food Premises) made under the Health Protection and Promotion Act.  O. Reg. 127/12, s. 7.

(2) This Part applies to all honey and maple products, whether they are intended to be sold to a consumer or to be used in the manufacture of other foods.  O. Reg. 119/11, s. 13 (2).

(3) The labelling requirements in sections 19 to 22 do not apply to produce, honey or maple products that are sold, or intended for sale, to a consumer in a package or container filled by the consumer from a bulk display or dispenser.  O. Reg. 119/11, s. 13 (3).

Compliance

14. (1) Every packer shall pack and label produce, honey and maple products, as the case may be, in accordance with this Part.  O. Reg. 119/11, s. 14 (1).

(2) If a packer packs produce, honey or maple products on behalf of a retailer, producer or other person, the person on whose behalf the produce, honey or maple products are packed shall ensure that the packer complies with subsection (1).  O. Reg. 119/11, s. 14 (2).

Prohibitions

15. (1) No person shall sell produce in Ontario if the packages and master containers in which the produce is sold do not comply with the packaging and labelling requirements set out in this Part.  O. Reg. 119/11, s. 15 (1).

(2) No person shall sell honey or a maple product in Ontario if the containers in which the honey or maple product is sold do not comply with the packaging and labelling requirements set out in this Part.  O. Reg. 119/11, s. 15 (2).

(3) No person shall transport produce, honey or a maple product in Ontario if,

(a) the packages and master containers in which the produce is transported do not comply with the packaging and labelling requirements set out in this Part; or

(b) the containers in which the honey or maple product is transported do not comply with the packaging and labelling requirements set out in this Part.  O. Reg. 119/11, s. 15 (3).

Packages and Containers

Packages of produce

16. (1) A person may pack produce in any package that is suitable for the produce, subject to subsection (2).  O. Reg. 119/11, s. 16 (1).

(2) The packages in which potatoes are packed,

(a) shall be of a size or capacity permitted under Schedule II of the Fresh Fruit and Vegetable Regulations made under the Canada Agricultural Products Act;

(b) shall be of a size and capacity that is suitable to containing up to 1.36 kilograms (3 pounds) of potatoes; or

(c) shall consist of transparent packages containing three uniformly sized foil-wrapped potatoes sold as a unit.  O. Reg. 119/11, s. 16 (2).

(3) A person packing potatoes shall ensure that the packages are properly packed.  O. Reg. 119/11, s. 16 (3).

(4) In subsection (3),

“properly packed” means, with respect to potatoes, not slack or over-pressed or not otherwise packed in a manner that is likely to result in permanent damage during handling or in transit.  O. Reg. 119/11, s. 16 (4).

Note:  On July 1, 2016, section 16 is revoked and the following substituted:

Packages of produce

16. A person may pack produce in any package that is suitable for the produce.  O. Reg. 119/11, s. 27 (5).

See:  O. Reg. 119/11, ss. 27 (5), 28 (2).

Containers of honey

17. (1) No person shall pack honey in a consumer container unless the container is of a size permitted under subsection (2).  O. Reg. 119/11, s. 17 (1).

(2) The following are the permitted sizes of consumer containers for the purposes of subsection (1):

1. A container capable of containing a net weight of 330 grams of honey.

2. A container of a size permitted under the Honey Regulations made under the Canada Agricultural Products Act for purposes of sales to consumers under that Act.  O. Reg. 119/11, s. 17 (2).

(3) Consumer containers of honey shall not have been previously used and shall be securely closed.  O. Reg. 119/11, s. 17 (3).

(4) Containers of honey, whether bulk containers or consumer containers, shall be clean and sound.  O. Reg. 119/11, s. 17 (4).

(5) Subsection (2) does not apply to comb honey.  O. Reg. 119/11, s. 17 (5).

Containers of maple products

18. (1) A person may pack a maple product in any container that is suitable for the purpose, subject to subsections (2), (3), (4) and (5).  O. Reg. 119/11, s. 18 (1).

(2) A container of maple syrup of any size shall be filled to at least 90 per cent of its capacity.  O. Reg. 119/11, s. 18 (2).

(3) Containers of maple products, whether bulk containers or consumer containers, shall be clean and sound.  O. Reg. 119/11, s. 18 (3).

(4) Consumer containers of maple products shall not have been previously used and be securely closed.  O. Reg. 119/11, s. 18 (4).

(5) No person shall pack Ontario Processing Grade maple syrup in a bulk container that is less than 20 litres in size.  O. Reg. 119/11, s. 18 (5).

Labels

Labels required

19. (1) Every person who packs produce, honey or maple products under this Regulation shall apply a label containing the information required under section 20, 21 or 22, as the case may be, to every package or master container of produce and to every container of honey or maple products that they pack.  O. Reg. 119/11, s. 19 (1).

(2) For the purposes of this Regulation, a label is considered to have been applied to a package or container if,

(a) it is imprinted or stamped directly onto the container or package;

(b) in the case of a package consisting of a wrapper or confining band, the ticket, tag or other label is attached to the package by any means; or

(c) it is otherwise affixed or attached to the package or container by any means.  O. Reg. 119/11, s. 19 (2).

(3) The information and labelling requirements in this section and sections 20, 21 and 22 apply in addition to any such requirements that may apply under the Consumer Packaging and Labelling Act (Canada) or the Food and Drugs Act (Canada).  O. Reg. 119/11, s. 19 (3).

(4) If a packer packs produce, honey or maple products in packages, master containers or other containers that have been previously used and the labels that were applied to the packages or containers for purposes of the previous use do not meet the requirements of this section or of section 20, 21 or 22 for purposes of the subsequent use,

(a) the previous labels shall be completely removed and new labels applied to the packages or containers in accordance with this Part; or

(b) the information on the previous labels shall be completely obliterated and any information required under this Part added to them.  O. Reg. 119/11, s. 19 (4); O. Reg. 127/12, s. 8 (1).

(5) Subsection (4) does not apply to consumer containers of honey and maple products.  O. Reg. 119/11, s. 19 (5); O. Reg. 127/12, s. 8 (2).

Labels on produce

20. (1) Every label applied to a package or master container of produce shall set out the following information:

1. The name and full address of,

i. the packer, or

ii. if the packer packs the produce on behalf of a retailer, producer or other person, the person on whose behalf the produce is packed.

2. The country or province in which the produce was grown or harvested,

i. using the words “Product of/Produit de”, “Produce of/Produit de”, “Grown in/Cultivé dans” or “Country of Origin/Pays d’origine” followed by the name of the country in which the produce was grown or harvested, in the case of produce grown or harvested in a country other than Canada, or

ii. using the words “Product of/Produit de”, “Produce of/Produit de”, “Grown in/Cultivé dans”, “Country of Origin/Pays d’origine” or “Province of Origin/Province d’origine” followed by the word “Canada” or the name of the province in which the produce was grown or harvested, in the case of produce grown or harvested in Canada.

3. If the produce is packed in such a manner that the produce itself is not readily visible and identifiable, the common name of the produce.

4. In the case of potatoes,

i. the grade of the potatoes, and

ii. if the potatoes are of a yellow fleshed variety,

A. the words “yellow fleshed/à chair jaune”, if the word “potatoes” or “pommes de terre” appears elsewhere on the package or master container, or

B. the words “yellow fleshed potatoes/pommes de terre à chair jaune”, if the word “potatoes” or “pommes de terre” does not appear elsewhere on the package or master container.

Note:  On July 1, 2016, paragraph 4 is revoked and the following substituted:

4. In the case of potatoes of a yellow fleshed variety,

i. the words “yellow fleshed/à chair jaune”, if the word “potatoes” or “pommes de terre” appears elsewhere on the package or master container, or

ii. the words “yellow fleshed potatoes/pommes de terre à chair jaune”, if the word “potatoes” or “pommes de terre” does not appear elsewhere on the package or master container.

See:  O. Reg. 127/12, ss. 9 (3), 18 (1).

5. In the case of peppers, the words “sweet/doux” or “hot/forts”, as appropriate.  O. Reg. 119/11, s. 20 (1); O. Reg. 127/12, s. 9 (1, 2, 4).

(2) On every label on a package or master container of potatoes, the grade name of the potatoes shall appear immediately above, beside or below the name of the country or province of origin of the potatoes and in the same print size as the name of the country or province of origin.  O. Reg. 119/11, s. 20 (2).

Note:  On July 1, 2016, subsection (2) is revoked.  See:  O. Reg. 119/11, ss. 27 (7), 28 (2).

(3) The print size used to indicate the information required to appear on a label under this section shall be the same print size as is required for similar information on produce labels required under the Fresh Fruit and Vegetable Regulations made under the Canada Agricultural Products Act.  O. Reg. 119/11, s. 20 (3); O. Reg. 127/12, s. 9 (5).

(4) This section does not apply to packages of raspberries or strawberries that are packaged in the field in packages having a capacity of 1.14 litres or less.  O. Reg. 119/11, s. 20 (4); O. Reg. 127/12, s. 9 (6).

(5) This section does not apply to packages of produce that are packaged in a wrapper or confining band of less than half an inch in width.  O. Reg. 119/11, s. 20 (5).

(6) Despite subsections (1) and (2), if packages of produce are contained in master containers and the labels on the packages are easily and clearly discernable in the master container, a label setting out the same information is not required to be applied to the master container.  O. Reg. 119/11, s. 20 (6).

(7) Despite subsection (1), until July 1, 2013, a label on a package or master container of nuts or edible fungi sold, packed or transported in Ontario is not required to set out the information described in paragraph 2 of that subsection.  O. Reg. 119/11, s. 20 (7).

Labels on honey

21. (1) Every label on a container of honey shall set out the following information:

1. The name and full address of,

i. the packer, or

ii. if the packer packs the honey on behalf of a retailer, producer or other person, the person on whose behalf the honey is packed.

2. The words “honey/miel” or, where applicable, the words “comb honey/miel en rayon”.

3. The grade immediately followed by the colour class of any honey, other than comb honey, that is,

i. in a consumer container, or

ii. in a bulk container that is being sold or transported directly to a consumer or retail outlet.

4. The net weight of the honey.

5. In the case of comb honey that contains cells of pollen, notice thereof.  O. Reg. 119/11, s. 21 (1); O. Reg. 127/12, s. 10 (1).

(2) Despite subsection (1), a label on a container of honey with a maximum capacity of 150 grams or less is not required to set out the information mentioned in paragraphs 3 and 4 of subsection (1).  O. Reg. 119/11, s. 21 (2); O. Reg. 127/12, s. 10 (2).

(3) Despite subsection (1), if honey is sold at retail premises from a dispenser and poured into packages at the time of purchase, the label on the dispenser need not indicate the net weight of the honey.  O. Reg. 119/11, s. 21 (3).

(4) A container of honey shall not contain a statement indicating that the honey is from a specified floral source unless the composition of the honey meets the requirements for the type of honey specified in the Honey Regulations made under the Canada Agricultural Products Act.  O. Reg. 119/11, s. 21 (4).

(5) A container of honey shall not contain a statement indicating that the honey is pasteurized, creamed or liquid unless the honey meets the grade requirements for pasteurized honey, creamed honey or liquid honey, as the case may be, set out in Table 2.  O. Reg. 119/11, s. 21 (5).

(6) In the case of honey that is produced outside Ontario and transported into Ontario in bulk for packaging and sale within Ontario, in addition to any other information required under this section, a label on a consumer or bulk container containing such honey shall set out the information relating to its place of origin, as follows:

1. If the honey has not been blended with honey produced in Ontario, the words “Product of/Produit de” followed by the name of the country or province in which it was produced.

2. If the honey was produced in a country outside Canada and is blended with honey produced in Ontario, the words “Product of Canada and/Produit du Canada et” or “Product of Ontario and/Produit de l’Ontario et” followed by the name of the other country.

3. If the honey was produced in Canada but outside Ontario and blended with honey produced in Ontario, the words “Product of Ontario and/Produit de l’Ontario et” followed by the name of the other province or “Product of Canada/Produit du Canada”.  O. Reg. 119/11, s. 21 (6); O. Reg. 127/12, s. 10 (3).

Labels on maple products

22. (1) Every label on a container of maple product shall set out the following information:

1. The name of the maple product.

2. The name and full address of,

i. the packer, or

ii. if the packer packs the maple product on behalf of a retailer, producer or other person, the person on whose behalf the maple product is packed.

3. In the case of maple syrup,

i. the volume of the syrup in the container, and

ii. the grade immediately followed by the colour class of any syrup that is,

A. in a consumer container, or

B. in a bulk container that is being sold or transported directly to a consumer or retail outlet.

4. In the case of maple products other than maple syrup, the net weight of the product.  O. Reg. 119/11, s. 22 (1).

(1.1) Despite paragraph 4 of subsection (1), a label on a container of maple product other than maple syrup with a maximum capacity of 150 grams or less is not required to set out the net weight of the product.  O. Reg. 127/12, s. 11 (1).

(2) Despite subsection (1), a label on a container of maple syrup with a maximum capacity of 125 ml or less is not required to set out the information mentioned in paragraph 3 of subsection (1).  O. Reg. 119/11, s. 22 (2); O. Reg. 127/12, s. 11 (2).

(3) Despite subsection (1), if maple syrup is sold at retail premises from a dispenser and poured into packages at the time of purchase, the label on the dispenser need not indicate the volume of the maple syrup.  O. Reg. 119/11, s. 22 (3).

(4) In the case of a maple product that is produced outside Ontario and transported into Ontario in bulk for packaging and sale within Ontario, in addition to any other information required under this section, a label on a container containing the maple product shall set out the information relating to its place of origin, as follows:

1. If the maple product has not been blended with maple product produced in Ontario, the words “Product of/Produit de” followed by the name of the country or province in which it was produced.

2. If the maple product was produced in a country outside Canada and is blended with maple product produced in Ontario, the words “Product of Canada and/Produit du Canada et” or “Product of Ontario and/Produit de l’Ontario et” followed by the name of the other country.

3. If the maple product was produced in Canada but outside Ontario and is blended with maple product produced in Ontario, the words “Product of Ontario and/Produit de l’Ontario et” followed by the name of the other province or “Product of Canada/Produit du Canada”.  O. Reg. 119/11, s. 22 (4); O. Reg. 127/12, s. 11 (3).

Part V
Advertising and Retail Display Signs

Advertising

23. A person who advertises produce shall ensure that the advertisement, whether written or otherwise, contains the following information:

1. The country or province in which the produce was grown or harvested,

i. using the words “Product of”, “Produce of”, “Grown in” or “Country of Origin” followed by the name of the country in which the produce was grown or harvested, in the case of produce grown or harvested in a country other than Canada, or

ii. using the words “Product of”, “Produce of”, “Grown in”, “Country of Origin” or “Province of Origin” followed by the word “Canada” or the name of the province in which the produce was grown or harvested, in the case of produce grown or harvested in Canada.

2. In the case of potatoes, the grade of the potatoes.

Note:  On July 1, 2016, paragraph 2 is revoked.  See:  O. Reg. 119/11, ss. 27 (8), 28 (2).

3. If the produce is packaged, the net quantity of the produce.  O. Reg. 119/11, s. 23.

Retail display signs for produce

24. (1) No person shall sell at retail any produce unless a sign appears on or immediately over the display of produce setting out the following information:

1. The country or province in which the produce was grown or harvested,

i. using the words “Product of”, “Produce of”, “Grown in” or “Country of Origin” followed by the name of the country in which the produce was grown or harvested, in the case of produce grown or harvested in a country other than Canada, or

ii. using the words “Product of”, “Produce of”, “Grown in”, “Country of Origin” or “Province of Origin” followed by the word “Canada” or the name of the province in which the produce was grown or harvested, in the case of produce grown or harvested in Canada.

2. In the case of peppers, the word “sweet” or “hot”, as appropriate.

3. If the produce is sold by weight, the price per unit of weight.  O. Reg. 119/11, s. 24 (1).

(2) The print on a retail display sign shall be readily discernible and of a size reasonable in proportion to the size of the sign.  O. Reg. 119/11, s. 24 (2).

Part VI
Misrepresentation

Prohibition, false information

25. No person shall include any false or misleading information on any label, package, container or master container of produce, honey or maple product, or in any advertisement for the produce, honey or maple product or retail display sign for produce and, in particular, no person shall misrepresent,

(a) the name and address of,

(i) the packer, or

(ii) if the packer packs the produce, honey or maple product on behalf of a retailer, producer or other person, the person on whose behalf it is packed;

(b) the place in which the produce was grown or harvested or the honey or maple product was produced;

(c) the amount of produce contained in a package or master container or the amount of honey or maple product contained in a container; or

(d) any grade of potatoes established under this Regulation or any grade or colour class of honey or maple products established under this Regulation.  O. Reg. 119/11, s. 25; O. Reg. 127/12, s. 12.

Substitutes for honey or maple product

26. (1) A person who packs, sells or advertises honey substitutes or maple product substitutes shall not use words, pictures or designs on any label or container or in any advertisement for the substitute if words, pictures or designs are likely to lead a person to mistake the substitute for honey or a maple product, as the case may be.  O. Reg. 119/11, s. 26 (1).

(2) A person who packs, sells or advertises honey substitutes or maple product substitutes shall not use a container of a particular shape if the shape of the container is likely to lead a person to mistake the substitute for honey or a maple product, as the case may be.  O. Reg. 119/11, s. 26 (2).

(3) A person who packs, sells or advertises a honey substitute that does not contain any honey shall not use the word “honey” or “miel” on any container of the substitute.  O. Reg. 119/11, s. 26 (3); O. Reg. 127/12, s. 13 (1).

(4) A person who packs, sells or advertises a maple product substitute that does not contain any maple product shall not use the word “maple” or “érable” on any container of the substitute except in the expressions “artificially maple flavoured”, “aromatisé artificiellement à l’érable”, “artificial maple flavouring” or “arôme artificiel d’érable”.  O. Reg. 127/12, s. 13 (2).

(5) No person shall sell a maple product substitute that contains a maple product as an ingredient in the maple product substitute unless,

(a) the maple product constitutes at least 15 per cent of the total volume of the maple product substitute;

(b) a statement of percentage, stating the amount of maple product contained in the maple product substitute as a percentage of the total volume of the product, is set out on the principal display panel on the maple product substitute’s container;

(c) the statement of percentage referred to in clause (b) does not use the word “pure” or “pur”; and

(d) the word “maple” or “érable” does not appear on the label applied to the maple product substitute’s container except in,

(i) the statement of percentage referred to in clause (b), and

(ii) a list of ingredients.  O. Reg. 119/11, s. 26 (5); O. Reg. 127/12, s. 13 (3, 4).

(6) Despite subsection (1), maple trees, maple leaves or any scene depicting or implying maple syrup may be shown on the principal display panel of a container of a maple product substitute that complies with subsection (5).  O. Reg. 119/11, s. 26 (6).

(7) In this section,

“principal display panel” has the same meaning as in the Consumer Packaging and Labelling Regulations made under the Consumer Packaging and Labelling Act (Canada).  O. Reg. 119/11, s. 26 (7).

27. Omitted (provides for amendments to this Regulation).  O. Reg. 119/11, s. 27; O. Reg. 127/12, s. 14.

28. Omitted (provides for coming into force of provisions of this Regulation).  O. Reg. 119/11, s. 28.

Table 1
Ontario Grades for Potatoes

Item	Grade Name	Grade Requirements
1.	Ontario No. 1 Grade	1. The potatoes in a lot being graded have similar varietal characteristics.
		2. The potatoes are firm, fairly well matured, fairly well shaped and reasonably clean.
		3. The potatoes are free from dumbbells, hollow hearts, necrosis, freezing injury, late blight, bacterial ring rot and soft rot.
		4. The potatoes are free from damage caused by greening, abnormal growth, growth cracks, cuts, scab, dry rot, disease, sprouts, sunburn or insects, or by mechanical or other injury.
		5. No knobs have been removed from the potatoes.
		6. In the case of round varieties, the potatoes have a minimum diameter of two inches and a maximum diameter of three and a half inches, except that not less than 75 per cent by weight of the potatoes in any package shall have a diameter of at least two and a quarter inches.
		7. In the case of long varieties, the potatoes have a minimum diameter of two inches and a maximum diameter of three and a half inches, except that potatoes that exceed three and a half inches in length may have a minimum diameter of one and three quarter inches.
2.	Ontario No. 1 Large Grade	The potatoes meet all the requirements described in paragraphs 1 to 5 of the grade requirements for Ontario No. 1 Grade potatoes and have diameters of at least three and a quarter inches.
3.	Ontario No. 1 Small Grade	The potatoes meet all the requirements described in paragraphs 1 to 5 of the grade requirements for Ontario No. 1 Grade potatoes and have diameters of at least one and three quarter inches but no more than two and a quarter inches.
4.	Ontario No. 2 Grade	1. The potatoes in a lot being graded have similar varietal characteristics.
		2. The potatoes are reasonably firm, reasonably mature, not seriously misshapen and reasonably clean.
		3. The potatoes are free from damage caused by blight.
		4. The potatoes are free from dumbbells, freezing injury, bacterial ring and soft rot.
		5. The potatoes are free from serious damage caused by sunburn, greening, abnormal growth, growth cracks, cuts, scab, dry rot, or other disease or insects, or by mechanical or other injury.
		6. In the case of round varieties, the potatoes have a minimum diameter of two inches, except that not less than 75 per cent by weight of the potatoes in any package shall have a diameter of at least two and a quarter inches.
		7. In the case of long varieties, the potatoes that are three and a half inches in length or less shall have a minimum diameter of two inches and the potatoes that exceed three and a half inches in length shall have a minimum diameter of one and three quarter inches and shall constitute not less than 75 per cent by weight of the potatoes in any package.
5.	Ontario Mini Grade	1. The potatoes have similar varietal characteristics.
		2. The potatoes are firm, well-shaped and clean.
		3. The potatoes are free from blight, hollow heart, bacterial ring rot or other decay, sunburn, greening, insect injury, grass root holes, pitted scab, sprouts or mechanical or other injury.
		4. The potatoes are not more than one and seven eighths of an inch in diameter.

O. Reg. 119/11, Table 1.

Note:  On July 1, 2016, Table 1 is revoked.  See:  O. Reg. 119/11, ss. 27 (9), 28 (2).

Table 2
Grades for Honey

Item	Grade Name	Grade Requirements
1.	Ontario No. 1	The honey,
		(a) contains not more than 17.8 per cent moisture or, where its container is marked “pasteurized”, not more than 18.6 per cent moisture;
		(b) is free from any foreign material that would be retained on a screen having a sieve opening of 0.180 mm;
		(c) contains not more than 0.1 per cent water insoluble solids or, where its container is marked “pressed”, not more than 0.5 per cent water insoluble solids;
		(d) has a flavour characteristic of its colour classification and is free from any objectionable flavour, aroma or taint;
		(e) where its container is marked “liquid”, is clear, bright, uniform in colour and free from visible crystals; and
		(f) where its container is marked “creamed” or is otherwise marked to indicate that the contents are granulated, has a smooth fine texture and complete and uniform granulation.
2.	Ontario No. 2	The honey,
		(a) contains not more than 18.6 per cent moisture or, where its container is marked “pasteurized”, not more than 20 per cent moisture;
		(b) is free from any foreign material that would be retained on a screen having a sieve opening of 0.250 mm;
		(c) contains not more than 0.1 per cent water insoluble solids or, where its container is marked “pressed”, not more than 0.5 per cent water insoluble solids;
		(d) has a flavour that may be slightly off but its honey flavour is not substantially impaired;
		(e) where its container is marked “liquid”, has a colour that may be dull and cloudy or turbid or slightly uneven and shows not more than slight signs of crystallization in the form of a light suspension or minor sedimentation of crystals; and
		(f) where its container is marked “creamed” or is otherwise marked to indicate that the contents are granulated, has a texture that may be medium coarse or gritty, but not extremely coarse or gritty, and has a complete and fairly uniform granulation.
3.	Ontario No. 3	The honey,
		(a) contains not more than 20 per cent moisture;
		(b) contains not more than 0.1 per cent water insoluble solids or, where its container is marked “pressed”, not more than 0.5 per cent water insoluble solids; and
		(c) has a flavour that may be slightly off but its honey flavour is not substantially impaired.

O. Reg. 119/11, Table 2; O. Reg. 127/12, s. 15.

Table 3
Colour Classification for Honey

Item	Colour Class	Designation on Honey Classifier	Pfund Scale Reading on a Honey Grader
1.	White	Not darker than “White”	Not more than 30 millimetres
2.	Golden	Darker than “White” but not darker than “Golden”	More than 30 millimetres but not more than 50 millimetres
3.	Amber	Darker than “Golden” but not darker than “Amber”	More than 50 millimetres but not more than 85 millimetres
4.	Dark	Darker than “Amber”	More than 85 millimetres

O. Reg. 119/11, Table 3; O. Reg. 127/12, s. 16.

Table 4
Grades for Maple Syrup

Item	Grade Name	Grade Requirements
1.	Ontario No. 1	1. The maple syrup,
		(a) is free from fermentation;
		(b) is uniform in colour and free from any cloudiness or turbidity;
		(c) has a maple flavour characteristic of its colour class and is free from any objectionable odour or taste.
		2. The sale of the maple syrup is not prohibited by section 4 of this Regulation.
2.	Ontario Processing Grade	1. The sale of the maple syrup is not prohibited by section 4 of this Regulation.

O. Reg. 119/11, Table 4.

Table 5
Colour Classification for Maple Syrup

Item	Colour Class	Percentage of Light Transmission
1.	Extra Light	75% or more
2.	Light	60.5% or more but less than 75%
3.	Medium	44% or more but less than 60.5%
4.	Amber	27% or more but less than 44%
5.	Dark	Less than 27%

O. Reg. 119/11, Table 5.