R.R.O. 1990, Reg. 384: HONEY

Farm Products Grades and Sales Act
Loi sur le classement et la vente des produits agricoles

R.R.O. 1990, REGULATION 384

HONEY

Historical version for the period February 24, 1995 to January 14, 2009.

Last amendment: O. Reg. 90/95.

This Regulation is made in English only.

1. In this Regulation,

“box” means any crate, carton, other outer covering or wrapper in which containers are packed;

“bulk container” means a container that has a weight capacity of more than five kilograms;

“class” in respect of honey, means honey that lies within a specific range of colours as shown on a honey classifier or within a specific range of reading as shown on a Pfund Honey Grader;

“comb honey” means honey that is in the honeycomb;

“consumer container” means a container that has a weight capacity of five kilograms or less;

“container” means a receptacle in which honey or honey substitute is packed for sale;

“establishment” means a plant, factory or premises where honey is extracted, packed, processed or used in connection with any manufacturing process and includes a packing plant and a pasteurizing plant;

“grade” means a grade established for honey in this Regulation;

“honey classifier” means a honey classifier of a type that has been approved by the Department of Agriculture (Canada);

“honey substitute” means a product other than pure honey manufactured or derived in whole or in part from a farm product, prepared for the same uses as honey and resembling honey in appearance;

“inspection” means inspection by an inspector appointed under the Act and “inspected” has a corresponding meaning;

“label” means a paper label or any area of a container or box on which any legend, word or mark is applied;

“lot” means a uniform blend of honey in a batch or in a storage tank from which honey is drawn for processing or grading;

“packer” means any person who packs and grades honey for sale;

“pasteurizing” means the treatment of extracted honey by the controlled application of heat to a point where it is free of viable sugar-tolerant yeasts and “pasteurized” has a corresponding meaning;

“producer” means a beekeeper who packs, ships, transports or sells only honey produced in his or her own apiaries. R.R.O. 1990, Reg. 384, s. 1.

2. Honey and honey substitute are designated as farm products. R.R.O. 1990, Reg. 384, s. 2.

3. This Regulation does not apply to,

(a) honey that is sold on the premises of the producer directly to the consumer where the container is marked with the name and address of the producer and the word “honey”; or

(b) honey that is being transported in bulk containers to an establishment. R.R.O. 1990, Reg. 384, s. 3.

4. No person shall pack, transport, ship, advertise, sell or offer for sale honey,

(a) unless the honey has been graded, classified, packed and marked in accordance with this Regulation;

(b) except in the case of comb honey, that is below Canada No.3Grade;

(c) that is marked “Product of Ontario” or “Product of Canada” or in other terms identifying it as having been produced in Ontario or in Canada unless the honey has been produced in Ontario or in Canada, as the case may be;

(d) in a bulk container or box that has been previously marked unless the marks have been completely removed or obliterated;

(e) unless it is clean, wholesome and fit for human consumption;

(f) unless it is free from any defect or deterioration that seriously affects its edibility, appearance or shipping quality; or

(g) in the case of comb honey, unless it is free from infestation by wax moth. R.R.O. 1990, Reg. 384, s. 4.

5. No person shall misrepresent the class, grade, flavour, weight, ownership or origin of honey. R.R.O. 1990, Reg. 384, s. 5.

6. Every person who packs, transports, ships, advertises, sells, offers for sale or has in possession for sale any honey in a container shall mark,

(a) on the main panel of the label on the container,

(i) the word “honey” or, where applicable, the words “comb honey”,

(ii) where applicable, the class of the honey immediately preceded by the grade thereof,

(iii) the net weight of the honey in kilograms or, if the net weight is less than one kilogram, in grams, located immediately above, below or beside the word “honey” without any intervening written, printed or graphic matter,

(iv) where applicable, the word “liquid”,

(v) where applicable, the word “pasteurized” adjacent to and in letters of the same size and visibility as the class and grade designation, and

(vi) where comb honey contains cells of pollen, notice thereof; and

(b) on the main panel of the label or any other panel thereof, other than a panel located on the bottom of the container, the name and address of the packer or the person responsible for packing the honey. R.R.O. 1990, Reg. 384, s. 6.

7. No person,

(a) who is the owner, packer or shipper of honey, shall use any mark or label on the honey designating any other person as the owner, packer or shipper of the honey, as the case may be;

(b) shall alter or efface any marks on any container or box of honey; or

(c) shall mark any container or box of honey so as to describe or relate to the class or grade of honey unless the mark complies with this Regulation. R.R.O. 1990, Reg. 384, s. 7.

8. (1) Subclauses 6 (a) (ii), (iii), (iv) and (v) do not apply to a container of honey, the weight of which, including the container, is less than 150 grams.

(2) Subclause 6 (a) (iii) does not apply to a glass container on which the net weight appears in two or more locations on the shoulder or upper part of the container in blown numerals with a flat, stippled face having a height of,

(a) 9.5 millimetres, where the net weight is more than 250 grams; or

(b) 6.4 millimetres, where the net weight is 250 grams or less. R.R.O. 1990, Reg. 384, s. 8.

9. All marks required by this Regulation shall be clearly and prominently displayed on each container in such a manner that they are readily discernible by a purchaser and of a size not less than,

(a) 1.6 millimetres in height on a container the main panel of the label of which has an area of 32 square centimetres or less;

(b) 3.2 millimetres in height on a container the main panel of the label of which has an area of more than 32 but not more than 258 square centimetres;

(c) 6.4 millimetres in height on a container the main panel of the label of which has an area of more than 258 but not more than 645 square centimetres; and

(d) 9.5 millimetres in height on a container the main panel of the label of which has an area of more than 645 square centimetres. R.R.O. 1990, Reg. 384, s. 9.

10. Every person who packs honey that has been classified and graded in boxes shall mark each box in distinctly legible block letters not less than 9.5 millimetres in height with,

(a) the word “honey”;

(b) the class and grade of the honey;

(c) the name and address of the packer or the person responsible for packing the honey;

(d) the number and size of the containers therein;

(e) the net weight of the honey;

(f) the lot number;

(g) where applicable, the word “liquid”; and

(h) where applicable, the word “pasteurized” adjacent to and in letters of the same size and visibility as the class and grade designation. R.R.O. 1990, Reg. 384, s. 10; O. Reg. 90/95, s. 1.

11. (1) No person shall make a misleading claim with respect to a honey substitute by word or design in an advertisement or on a container.

(2) No person shall use on any container containing honey substitute the word “honey” or any other word that resembles “honey”.

(3) Despite subsection (2),

(a) where a honey substitute contains honey; and

(b) the container containing the honey substitute bears a label with a complete list of the ingredients of the honey substitute with the ingredients listed in decreasing order as to the proportion of the honey substitute that they comprise,

the list of ingredients may contain the word “honey” only if the letters of the word “honey” are of the same size, colour and type as the letters used for the other ingredients.

(4) No person shall display for sale at retail a honey substitute,

(a) among containers of honey; or

(b) in a manner that implies the honey substitute has a relation to honey. R.R.O. 1990, Reg. 384, s. 11.

12. (1) Honey that is packed in consumer containers shall be packed in new, clean, sound containers that are, except in the case of comb honey, of any of the following net weight sizes:

1. Any size up to and including 150 grams.

2. 250 grams.

3. 330 grams.

4. 375 grams.

5. 500 grams.

6. 750 grams.

7. One kilogram.

8. One and one-half kilograms.

9. Two kilograms.

10. Three kilograms.

11. Five kilograms.

(2) Honey that is packed in bulk containers shall be packed in clean, sound containers that are, except in the case of comb honey, of any of the following net weight sizes:

1. Seven kilograms.

2. Fifteen kilograms.

3. Thirty kilograms.

4. Containers larger than thirty kilograms in net weight increments of multiples of one kilogram.

(3) Despite subsection (1), the Minister may authorize the packing of honey in novelty containers of sizes that do not comply with subsection(1).

(4) Every container of honey shall be securely closed by means of a screw-cap, friction lid, bung or other device.

(5) Boxes shall be well constructed of durable materials and shall be clean, in good condition and not defaced by old markings. R.R.O. 1990, Reg. 384, s. 12.

13. (1) Every person who requires an inspection of honey shall apply to the nearest inspector or to the Director.

(2) Inspections shall be performed, as nearly as practicable, in the order in which applications therefor are received.

(3) Upon completion of an inspection, the inspector who made the inspection shall issue an inspection certificate respecting the honey or containers or boxes of honey. R.R.O. 1990, Reg. 384, s. 13.

14. The person who has possession of any honey or containers or boxes of honey for inspection shall make such honey or containers or boxes of honey accessible for inspection, shall place them so as to disclose the class and grade for each lot and shall render such assistance to the inspector as the inspector requires. R.R.O. 1990, Reg. 384, s. 14.

15. Where an inspector has reason to believe that the class or grade of any honey may not be immediately determined, the inspector may postpone inspection for such period of time as he or she considers necessary to enable the class or grade to be determined. R.R.O. 1990, Reg. 384, s. 15.

16. Where an inspector detains any container, box or any number of containers or boxes of honey, the inspector may attach thereto a numbered detention tag and no person shall sell, offer for sale, move or allow or cause to be moved the honey or containers or boxes of honey or remove the detention tag without the written authority of an inspector. R.R.O. 1990, Reg. 384, s. 16.

17. Where an inspector is satisfied that any honey or container or box of honey that has been placed under detention complies with this Regulation, the inspector may release the honey, container or box by issuing a detention release. R.R.O. 1990, Reg. 384, s. 17.

18. (1) Where a person who is financially interested in any honey is dissatisfied with an inspection certificate, the person may apply to an inspector for an appeal inspection.

(2) An application for an appeal inspection shall state the reasons for appeal and may be accompanied by a copy of any previous inspection certificate or other information possessed by the applicant.

(3) An application for an appeal inspection may be refused by the inspector where he or she is of the opinion that,

(a) it is trivial;

(b) the class or grade of the honey has changed;

(c) the honey is not accessible for inspection;

(d) the identity of the honey has been lost; or

(e) the condition of the honey has materially changed. R.R.O. 1990, Reg. 384, s. 18.

19. Where an appeal inspection proves the original inspection to have resulted in an incorrect inspection certificate, the issuance of an appeal inspection certificate shall be deemed to cancel the original inspection certificate. R.R.O. 1990, Reg. 384, s. 19.

20. The equipment, appliances and facilities in an establishment shall be maintained in a clean and sanitary condition. R.R.O. 1990, Reg.384, s. 20.

21. (1) Except in the case of comb honey, the following grade names for honey and the grades, standards and tolerances therefor, established under the Canada Agricultural Products Act, are hereby adopted in whole:

1. Canada No. 1 Grade.

2. Canada No. 2 Grade.

3. Canada No. 3 Grade.

(2) Despite subsection (1), honey that is not pasteurized or otherwise treated with heat may be sold or offered for sale under the grade name of No. 1 Grade or No. 2 Grade where,

(a) the granulation is not complete or the texture is not uniform;

(b) the moisture content does not exceed 17 per cent; and

(c) the honey complies in all other respects with the requirements for Canada No. 1 Grade or Canada No. 2 Grade, as the case may be. R.R.O. 1990, Reg. 384, s. 21.

22. Where honey, other than comb honey, is packed in containers, it shall be classified while it is in liquid form and shall be marked with the class of the honey in accordance with the colour designation on a honey classifier or with the reading on a Pfund Honey Grader in the manner prescribed in Column 1 of Part 1 or 2, as the case may be, of the Schedule. R.R.O. 1990, Reg. 384, s. 22.

23. Dealers in honey and honey substitutes are exempt from subsection 10 (1) of the Act. O. Reg. 333/94, s. 1.

SCHEDULE
CLASSIFICATION OF HONEY

PART 1
HONEY PACKED IN CONSUMER CONTAINERS

Column 1	Column 2	Column 3
Class	Designation on Honey Classifier	Reading on Pfund 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

PART 2
HONEY PACKED IN BULK CONTAINERS

Column 1	Column 2	Column 3
Class	Designation on Honey Classifier	Reading on Pfund Honey Grader
1. Extra White	Not darker than Extra White	Not more than 13 millimetres
2. White	Darker than Extra White but not darker than White	More than 13 millimetres but not more than 30 millimetres
3. Golden	Darker than White but not darker than Golden	More than 30 millimetres but not more than 50 millimetres
4. Light Amber	Darker than Golden but not darker than Amber	More than 50 millimetres but not more than 85 millimetres
5. Dark Amber	Darker than Amber but not darker than Dark	More than 85 millimetres but not more than 114 millimetres
6. Dark	Darker than Dark	More than 114 millimetres

R.R.O. 1990, Reg. 384, Sched.