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ontario regulation 472/19

made under the

Healthy Menu Choices Act, 2015

Made: December 12, 2019
Filed: December 23, 2019
Published on e-Laws: December 23, 2019
Printed in The Ontario Gazette: January 11, 2020

Amending O. Reg. 50/16

(GENERAL)

1. Subsection 3 (2) of Ontario Regulation 50/16 is revoked and the following substituted:

(2) Advertisements, promotional flyers, circulars and magazines distributed or available inside of the regulated food service premise are exempt from the requirements of section 2 of the Act if they do not list prices for standard food items.

(3) Advertisements, promotional flyers, circulars and magazines distributed or available outside of the regulated food service premise are exempt from the requirements of subsection 2 (3) of the Act if they satisfy at least one of the following criteria:

1. They do not list prices for standard food items.

2. They do not list standard food items that a person can order for takeaway or delivery ordering and do not provide a method to place an order.

(4) Online menus and menu applications are exempt from the requirements of subsection 2 (3) of the Act if they do not list prices for standard food items or do not provide a method to place an order.

(5) Catering menus are exempt from the requirements of section 2 of the Act.

2. (1) Paragraph 3 of subsection 5 (2) of the Regulation is revoked.

(2) Paragraph 3 of subsection 5 (3) of the Regulation is amended by striking out “Flavoured bread” at the beginning and substituting “Bread”.

(3) Subsection 5 (3) of the Regulation is amended by adding the following paragraphs:

5. Food or drink items that are sold outside of a food service section of the grocery store.

6. Standard food items that are labelled with a nutrition facts table that meets the requirements of the Food and Drug Regulations made under the Food and Drugs Act (Canada) and that are not part of another standard food item.

(4) Section 5 of the Regulation is amended by adding the following subsections:

(4) Persons who own or operate regulated food service premises are exempt from section 2 of the Act with respect to the following standard food items:

1. Standard food items in a vending machine.

2. Standard food items that are prepackaged products, as “prepackaged product” is defined in the Food and Drug Regulations made under the Food and Drugs Act (Canada), and that are exempt from the nutrition facts table requirements of those regulations.

3. Unprepared whole fruits and vegetables that are normally sold by weight or unit and that are not part of another standard food item.

(5) In this section,

“food service section” means a section in a grocery store where the food and drink items that are sold or offered for sale, including at a food counter, whether the counter is clerk-served or self-serve, are primarily restaurant-type food and drink items that are not the subject of an exemption under this Regulation.

3. Paragraph 5 of subsection 6 (1) of the Regulation is amended by striking out the portion before subparagraph i and substituting the following:

5. The term “Calories”, “CALORIES”, “Cals” or “CALS” must appear either,

. .  . . .

4. (1) Subsection 8 (2) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

(2) The term “Calories”, “CALORIES”, “Cals” or “CALS” must appear on the sign or signs,

. . .  . .

(2) Section 8 of the Regulation is amended by adding the following subsection:

(8) Subsections (1) and (2) do not apply if the information that would otherwise be required to be posted on the sign is set out clearly on a label or tag associated with each food or drink item in the manner described in clauses (1) (a) to (c) and subsection (2).

5. Subsection 9 (4) of the Regulation is revoked and the following substituted:

(4) The requirements of subsection (2) do not apply to advertisements, promotional flyers, circulars and magazines that are displayed at a regulated food service premise.

(5) The requirements of subsection (2) do not apply to advertisements, promotional flyers, circulars and magazines, online menus and menu applications that are distributed or available outside of a regulated food service premise and that do not list prices for standard food items or do not provide a method to place an order.

Commencement

6. This Regulation comes into force on the later of January 1, 2020 and the day it is filed.

 

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