Vol. 144, No. 10 — May 12, 2010

Registration

SOR/2010-94 April 29, 2010

FOOD AND DRUGS ACT

Regulations Amending the Food and Drug Regulations (1353 — Corrective Amendments, Miscellaneous Program)

P.C. 2010-549 April 29, 2010

Her Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to subsection 30(1) (see footnote a) of the Food and Drugs Act (see footnote b), hereby makes the annexed Regulations Amending the Food and Drug Regulations (1353 — Corrective Amendments, Miscellaneous Program).

REGULATIONS AMENDING THE FOOD AND DRUG REGULATIONS (1353 — CORRECTIVE AMENDMENTS, MISCELLANEOUS PROGRAM)

AMENDMENTS

1. (1) The definition “parts per million” in section B.01.001 of the Food and Drug Regulations (see footnote 1) is repealed.

(2) Section B.01.001 of the Regulations is amended by adding the following in alphabetical order:

“parts per million” or “p.p.m.” means parts per million by weight unless otherwise stated; (parties par million ou p.p.m.)

2. The portion of paragraph (c) of the definition “milk product” in section B.08.001.1 of the Regulations before subparagraph (i) is replaced by the following:

(c) with respect to cold-pack cheese food, cold-pack cheese food with (naming the added ingredients), cream cheese spread, cream cheese spread with (naming the added ingredients), processed cheese food, processed cheese food with (naming the added ingredients), processed cheese spread or processed cheese spread with (naming the added ingredients), any of the following products, namely,

3. Subsection B.08.028(1) of the French version of the Regulations is amended by deleting the word “et” at the end of paragraph (d) and by replacing paragraph (e) with the following:

e) la crème sure.

4. Subparagraph B.08.041(1)(a)(ii) of the English version of the Regulations is replaced by the following:

(ii) contain the named added ingredients which shall be one or more of the following ingredients in amounts sufficient to differentiate the product from processed (naming the variety) cheese but not in amounts so large as to change the basic nature of the product:

5. Subparagraph B.08.041.6(1)(a)(ii) of the English version of the Regulations is replaced by the following:

(ii) contain the named added ingredients which shall be one or more of the following ingredients in amounts sufficient to differentiate the product from cold-pack (naming the variety) cheese but not in amounts so large as to change the basic nature of the product:

6. Paragraph B.25.062(2)(b) of the Regulations is replaced by the following:

(b) ascorbic acid used in the following foods that are labelled or advertised for consumption by infants:

(i) fruit purées, and

(ii) cereals containing banana;

7. The portion of item 51 of Schedule M of the French version of the Regulations in column 1 is replaced by the following:

Article	Colonne 1 Aliment
51.	Crème sure

8.The English version of the Regulations is amended by replacing “named” with “naming the” wherever it occurs in the following provisions:

(a) paragraphs B.08.032(1)(a), (e), (f), (h) to (j), (l), (n) to (p) and (r);

(b) the portion of subsection B.08.033(1) before paragraph (a);

(c) the portion of subitem C.3(8) of Table I to section B.16.100 in column II;

(d) the portion of item C.5 of Table I to section B.16.100 in column II;

(e) the portion of item M.5 of Table I to section B.16.100 in column II;

(f) the portion of subitem 1(6) of Table III to section B.16.100 in column II;

(g) the portion of subitem 1A(3) of Table III to section B.16.100 in column II;

(h) the portion of subitem C.4(1) of Table IV to section B.16.100 in column II;

(i) the portion of subitem C.9(1) of Table IV to section B.16.100 in column II;

(j) the portion of subitem C.14(7) of Table IV to section B.16.100 in column II;

(k) the portion of subitem C.15(12) of Table IV to section B.16.100 in column II;

(l) the portion of subitem G.1(6) of Table IV to section B.16.100 in column II;

(m) the portion of subitem G.3(9) of Table IV to section B.16.100 in column II;

(n) the portion of subitem L.2(8) of Table IV to section B.16.100 in column II;

(o) the portion of subitem M.4(12) of Table IV to section B.16.100 in column II;

(p) the portion of subitem M.5(12) of Table IV to section B.16.100 in column II;

(q) the portion of subitem P.9(1) of Table IV to section B.16.100 in column II;

(r) the portion of subitem P.11(1) of Table IV to section B.16.100 in column II;

(s) the portion of subitem P.12(8) of Table IV to section B.16.100 in column II;

(t) the portion of subitem S.1(1) of Table IV to section B.16.100 in column II;

(u) the portion of subitem S.2A(1) of Table IV to section B.16.100 in column II;

(v) the portion of subitems S.3(6) and (7) of Table IV to section B.16.100 in column II;

(w) the portion of subitem S.6(1) of Table IV to section B.16.100 in column II;

(x) the portion of subitem S.8(1) of Table IV to section B.16.100 in column II;

(y) the portion of subitem S.9(6) of Table IV to section B.16.100 in column II;

(z) the portion of subitem S.11(6) of Table IV to section B.16.100 in column II;

(z.1) the portion of subitem S.12(1) of Table IV to section B.16.100 in column II;

(z.11) the portion of subitem S.13(1) of Table IV to section B.16.100 in column II;

(z.12) the portion of subitem S.14(1) of Table IV to section B.16.100 in column II;

(z.13) the portion of subitem S.15(1) of Table IV to section B.16.100 in column II;

(z.14) the portion of subitem S.16(1) of Table IV to section B.16.100 in column II;

(z.15) the portion of subitem T.3(7) of Table IV to section B.16.100 in column II;

(z.16) the portion of subitem X.1(4) of Table IV to section B.16.100 in column II;

(z.17) the portion of item B.1 of Table V to section B.16.100 in column III;

(z.18) the portion of subitem C.1(3) of Table VI to section B.16.100 in column II;

(z.19) the portion of subitem N.1(1) of Table VIII to section B.16.100 in column II;

(z.2) the portion of subitem A.1(1) of Table X to section B.16.100 in column II;

(z.21) the portion of subitem C.2(2) of Table X to section B.16.100 in column II;

(z.22) the portion of subitem C.14(5) of Table X to section B.16.100 in column II;

(z.23) the portion of subitem L.1(4) of Table X to section B.16.100 in column II;

(z.24) the portion of subitem M.8(3) of Table X to section B.16.100 in column II;

(z.25) the portion of subitem P.1(2) of Table X to section B.16.100 in column II;

(z.26) the portion of subitem P.4(3) of Table X to section B.16.100 in column II;

(z.27) the portion of subitem P.5(2) of Table X to section B.16.100 in column II;

(z.28) the portion of subitem S.6(3) of Table X to section B.16.100 in column II;

(z.29) the portion of subitem S.8(3) of Table X to section B.16.100 in column II;

(z.3) the portion of subitem T.1(3) of Table X to section B.16.100 in column II;

(z.31) the portion of subitem W.1(1) of Part I of Table XI to section B.16.100 in column II;

(z.32) the portion of subitems N.1(1) and (2) of Part III of Table XI to section B.16.100 in column II;

(z.33) the portion of subitem P.2(2) of Part III of Table XI to section B.16.100 in column II; and

(z.34) the portion of subitem S.4(2) of Part III of Table XI to section B.16.100 in column II.

9. The English version of the Regulations is amended by replacing “ppm” with “p.p.m.” wherever it occurs in the following provisions:

(a) clauses B.02.106(b)(iii)(A) and (B);

(b) paragraph B.11.134(d); and

(c) the portion of subitem P.2(14) of Table IV to section B.16.100 in column III.

COMING INTO FORCE

10. These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issue and objectives

These regulatory amendments make corrections to the Food and Drug Regulations (the Regulations) that are non-substantive in nature. These corrections include inconsistencies between the English and the French versions, and spelling and syntax errors appearing in Division 1 (General), Division 8 (Dairy Products), the Tables to section B.16.100 (Food Additives) and Division 25 (Infant Foods) of the Regulations.

The miscellaneous amendments regulations were developed to streamline the regulatory process in order to maintain accuracy and consistency in regulations. These regulatory amendments do not bring any substantive amendments to the Regulations. It is expected that these changes will have little or no impact on Canadians.

Description and rationale

The regulatory amendments are to amend the definition of “parts per million” in section B.01.001 to include the abbreviation “p.p.m.” as a defined term in order to legitimate its predominant usage in Part B of the Regulations. The regulatory amendments also correct inconsistencies in the usage of the abbreviation “p.p.m.” in the English version of the Regulations by replacing the expression “ppm” with “p.p.m.”. The English version of certain provisions in Division 8 is amended to replace the word “named” with the expression “naming the”, wherever applicable, in order to accurately reflect the common names of the cheeses pursuant to the standards prescribed in Division 8. The listings in Tables I, III, IV, V, VI, VIII, X and XI to section B.16.100 are also amended by replacing the word “named” with the expression “naming the”, wherever applicable. The wording of paragraph B.25.062(2)(b) is amended to clarify that “ascorbic acid” is permitted in both fruit purées and cereals containing banana. The regulatory amendments also correct the spelling of the term “crème sure” in the French version of the Regulations.

Consultation

Given the non-substantive nature of these amendments, consultations were not undertaken.

Contact

Marie-Claude Tardif
Associate Director
Food Regulatory Program
Health Canada
251 Sir Frederick Banting Driveway
Tunney’s Pasture
Address Locator: 2203B
Ottawa, Ontario
K1A 0K9
Telephone: 613-957-1750
Fax: 613-941-6625
Email: sche-ann@hc-sc.gc.ca

Footnote a
S.C. 2005, c. 42, s. 2

Footnote b
R.S., c. F-27

Footnote 1
C.R.C., c. 870

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