KATA PENGANTAR...................................................................................... i
LAMPIRAN ................................................................................................. iv
BAB I PENDAHULUAN.......................................................................1
dingin. Hal ini berpotensi untuk menghadirkan produk pertanian dari Indonesia
yang beriklim tropis, terutama buah-buahan yang hanya tumbuh baik di dataran
Nanas tidak hanya dapat diambil dagingnya saja karena rasanya yang segar
dan khas, tetapi olahan dari Nanaspun sangat disukai untuk dikonsumsi
negara-negara yang beriklim tropis. Costa Rica adalah pemasok buah Nanas
terbesar di Kanada selama 5 tahun terakhir ini dengan nilai ekspor pada tahun
2011 sebesar USD 92.212.730, diikuti oleh Amerika Serikat sebagai peringkat
kedua yang mengekspor dengan nilai sebesar USD 3.630.504 pada tahun
ekspor pada tahun 2011 sebesar USD 122. Untuk pemasok dari Asia, negara
Thailand adalah pemasok terbesar dengan nilai ekspor sebesar USD 345.459.
Untuk kategori buah Nanas olahan, baik yang telah dimaniskan ataupun
Melihat luasnya peluang pasar untuk produk buah Nanas ini di Kanada,
dengan negara tetangga kita, maka penulisan market brief kali ini difokuskan
pada produk buah Nanas serta olahannya dengan judul “Peluang Ekspor
Dalam Market Brief ini, buah Nanas yang di maksud adalah buah Nanas
Nanas di pasar Kanada meningkat 10%. Nilai tertinggi dicapai pada tahun 2011
tersebut ke Kanada dalam kurun waktu lima tahun adalah: (1) Costa Rica, (2)
Amerika Serikat, (3) Ekuador, (4) Honduras, (5) Guatemala, (6) Mexico, (7)
Panama, (8) Thailand, (9) Columbia, dan (10) Chile. Indonesia berada di urutan
ke-35 dengan nilai ekspor sebesar USD 122 pada tahun 2011. [Lampiran-2:
adalah negara Thailand yang berada di peringkat 8 dan Philippina yang berada
sebesar 47.44%, dari jumlah impor sebesar USD 657.320 pada tahun 2007
menjadi USD 345.459 pada tahun 2011. Impor tertinggi Thailand dicapai tahun
2008 sebesar USD 708.572. Nilai impor terendah Thailand dialami pada tahun
selama kurun waktu 5 tahun meningkat ekspornya dua kali lipat sebesar
100,008%. Impor dari Philippina yang tertinggi dicapai pada tahun 2009
sebesar USD 119.206. Impor Nanas dari Indonesia yang menduduki peringkat
35 pada tahun 2007 hanya sebesar USD 54, dan mengalami peningkatan
Ekspor Kanada ke dunia untuk produk Nanas ditujukan untuk pasar: (1)
Amerika Serikat, (2) Vietnam, (3) Trinidad dan Tobago, (4) Netherlands, (5)
Perancis, (6) St. Pierre, (7) Korea Selatan, (8) Faeroe Island, (9) Finlandia, dan
(10) Selandia Baru. Selama kurun waktu tersebut pertumbuhan ekspor Kanada
2007-2011]
yang sama Januari – Agustus 2012, produk impor dengan HS Code 080430 –
Kanada bulan Januari - Agustus 2011 mencapai USD 174.716 dan periode
yang sama tahun 2012 mencapai USD 208.550, terjadi peningkatan sebesar
19,4%.
rentang waktu 2011-2012 adalah: (1) Costa Rica, (2) Amerika Serikat, (3)
Honduras, (4) Mexico, (5) Ekuador, (6) Guatemala, (7) Panama, (8) Thailand,
(9) Dominika, dan (10) Colombia. Dari sepuluh negara tersebut perubahan
pertumbuhan sebesar 19,40% dari tahun 2011 yang mencapai USD 174.716
menjadi USD 208.550 pada tahun 2012 untuk periode yang sama Januari -
Agustus. Ekspor Kanada selama periode tersebut tidak terlalu banyak, tercatat
hanya 6 negara yaitu: (1) Amerika Serikat, (2) Trinidad, (3) St. Pierre, (4)
Perancis, (5) Korea Selatan, dan (6) Kepulauan Faeroe. Perubahan yang
paling signifikan dari negara-negara yang di ekspor tersebut adalah: St. Pierre
gangguan pencernaan, radang sendi ataupun sinusitis. Selain itu Nanas juga
memiliki efek antelmintik, yaitu zat yang membantu mencegah cacingan. Nanas
memiliki mineral Mangan yang tinggi, mineral yang sangat penting untuk
perkembangan tulang yang kuat dan jaringan ikat. Segelas jus Nanas segar
Masih banyak lagi manfaat dari buah yang kaya akan vitamin C ini,
yang antara lain adalah bromelain yang kaya akan enzyme proteolytic yang
dihasilkan oleh Nanas berfungsi untuk memecah protein dalam tubuh. Itulah
tubuh, karena memiliki zat yang dapat mencerna protein lebih efisien.
teratur setidaknya satu setengah gelas Nanas segar perhari diakui bisa
Nanas segar tidak hanya kaya akan vitamin C, tetapi karena bromelain,
tersebut.
hari makan Nanas segar, berdasarkan penelitian, hanya sedikit yang memiliki
Nanas juga dikenal untuk mencegah pembekuan darah. Buah ini sangat
bermanfaat bagi mereka yang darahnya mudah membeku. Manfaat dan cita
rasa Nanas yang khas ini banyak digemari oleh masyarakat di belahan
Negara Pesaing
Lima negara pengimpor utama produk buah Nanas segar atau yang
telah dikeringkan dengan HS code 080430 adalah (1) Costa Rica, (2) Amerika
Serikat, (3) Ekuador, (4) Honduras, (5) Guatemala. Namun untuk produk
Nanas yang telah diolah atau ditambahkan pemanis dengan HS code 200820,
dan Singapura. Nilai impor Kanada tahun lalu (2011) untuk produk Nanas
Nanas olahan yang berasal dari Phillipines adalah sebesar USD 3.485.783,
produk Nanas olahan yang berasal dari China adalah sebesar USD 640.897,
sedangkan impor produk Nanas olahan yang berasal dari Indonesia adalah
2007-2011]
Kanada:
• Masih kurangnya infomasi pasar Kanada tentang produk buah Nanas bagi
Asia dan menjadi pelabuhan tujuan ekspor. Hal ini menjadi keunggulan
negara tropis lainnya yang secara geografi lebih dekat dengan Kanada
4.1. Peluang
Sampai saat ini Indonesia tercatat sebagai negara eksportir Nanas terbesar di
dunia. Rata-rata ekspor Nanas dari Indonesia mencapai 200.000 ton dengan
nilai US$ 139 juta hampir keseluruh dunia, dimana terbesar utama ke benua
Amerika, kemudian negara-negara Eropa, lalu Timur tengah dan Amerika Latin
seperti Peru, Uruguay, Panama serta India, demikian disampaikan oleh Dirjen
Nanas, baik segar maupun olahan pada Januari hingga Oktober 2011
mencapai 161.386 ton senilai US$ 173,89 juta, naik 29,48% dibanding periode
tiga untuk jenis buah tropis. Tiap tahun permintaan rata-rata buah Nanas
mencapai 5 juta ton. Dengan lahan yang luas, Indonesia berpotensi lebih besar
Saat ini dari total produksi nanas Indonesia yang mencapai 1,5 juta ton
pada tahun 2011, sebanyak 90% adalah nanas jenis Queen sedangkan
Buah nanas varietas Queen berukuran lebih kecil, berkulit kasar dan
tajam, warna kulit buah kuning, daging buah lebih kering, renyah dan manis.
permukaan kulitnya rata dan lebih halus, warna kulitnya hijau, jambulnya
Ukuran buah nanas ini lebih besar ketimbang queen dan tidak menimbulkan
cayenne lebih susah dan lama. Dalam dua tahun waktu hidup nanas, pohon
smooth cayenne hanya bisa menghasilkan dua tunas baru. Padahal nanas
Dengan teknologi ini jumlah bibit yang dihasilkan lebih banyak dan Iebih cepat,
diolah menjadi makanan kaleng seperti selai nanas, sirup buah nanas dan
sirup kulit buah nanas. Walaupun daerah penghasil nanas sudah menyebar
merata, Indonesia hingga saat ini hanya mampu mengekspor sebagian kecil
saja dari kebutuhan dunia yaitu 5%. Sehingga untuk memenuhi kebutuhan ini
Pihak Dirjen Hortikultura Kementerian Pertanian juga mengakui bahwa saat ini
banyak sektor swasta yang berminat untuk investasi di holtikultura, saat ini
Chart-2: Impor Kanada dari 10 negara utama, HS 200820 – Nanas, siap konsumsi, dengan
atau tanpa pemanis atau cairan, 2007 - 2011
antara lain:
bulan Juni)
aktif dalam menjalin komunikasi dengan dunia usaha Indonesia untuk saling
selama ini tidak diatur tata niaganya. Hal ini mengingat masih
Internasional.
World Trade Center, lt. 6, Jl. Jend. Sudirman Kav. 29-31, Jakarta 12920,
Indonesia
West End, 190 Attwell Drive, Suite 120, Toronto Ontario, Canada M9W 1J5
World Trade Center, Suite 400, 999 Canada Place, Vancouver BC., Canada
V6C 3E1
Menara Kadin Indonesia Lt. 29, Jl. HR. Rasuna Said X-5 Kav. 2-3, Jakarta
12950, Indonesia
Jl. RM. Harsono No. 3, Ragunan Pasar Minggu, Jakarta 12250, Indonesia;
Sumber: Industry Canada, data 2011 Canada Border Services Agency (CBSA)
3 35,554,916 36.39
6 47,677,059 48.80
10 60,262,021 61.69
15 69,669,464 71.32
21 77,619,859 79.45
British
SUN RICH FRESH FOODS INC. Richmond V6W 1J5
Columbia
3 1,032,846 62.15
9 1,320,690 79.47
British
CANDA SIX FORTUNE ENTERPRISE CO. LTD. Burnaby V5J 5H6
Columbia
British
LEVEL GROUND TRADING LTD. Saanichton V8M 2A6
Columbia
TROPHY FOODS INC./LES ALIMENTS TROPHY INC. Toronto Ontario M5X 1A6
4. Produk: 200820 – Nanas – Siap pakai, berupa manisan, bergula dan diawetkan
3 14,222,571 58.16
6 17,099,091 69.92
10 19,526,525 79.85
Sumber: Industry Canada, data 2011 Canada Border Services Agency (CBSA)
• Canadian Statistics;
• Industry Canada;
• www.kalbe.co.id
Destination CANADA
Period 2007-2011
United States
(U.S.) 8,108,929 9,728,914 8,055,281 6,223,180 4,232,644
Dominican
Republic 19,801 81,906 47,112 78,325 32,611
France (incl.
Monaco,
French
Antilles) 12,699 6,731 5,836 8,115 11,317
Central African
Republic -- -- -- -- 9,305
2007 2008 2009 2010 2011
Re-Imports
(Canada) 11 -- 2,180 5,123 9,112
Italy (includes
Vatican City
State) 744 466 14,909 10,381 1,623
United
Kingdom (U.K.) -- 20 255 9 467
Surinam -- -- -- -- 319
Austria -- -- -- -- 241
El Salvador -- -- -- -- 93
St.Vincent-
Grenadines -- 62 -- 221 91
Cook Islands -- -- -- -- 30
Australia 6,212 -- -- 17 16
Nicaragua -- -- -- 177 --
Niger -- -- -- 36 --
Nigeria -- -- 5 2 --
Swaziland 23,013 -- -- 1 --
Eritrea -- -- 4,203 -- --
Trinidad and
Tobago 890 4,016 1,037 -- --
Russia -- -- 1,026 -- --
Dominica -- -- 56 -- --
Netherlands -- 16,001 20 -- --
Mali -- -- 4 -- --
Bulgaria -- 860 -- -- --
Latvia -- 75 -- -- --
French
Polynesia -- 32 -- -- --
Germany 3,019 -- -- -- --
2007 2008 2009 2010 2011
Haiti 12 -- -- -- --
TOTAL (ALL
COUNTRIES) 112,340,048 119,747,328 112,401,384 120,642,065 128,118,757
Destination CANADA
Period 2007-2011
United States
(U.S.) 6,466,893 8,150,450 6,626,353 5,188,550 3,630,504
Central African
Republic -- -- -- -- 9,305
Re-Imports
(Canada) 11 -- 335 2,389 2,538
Greece -- -- -- -- 1,118
Dominican
Republic 1,477 5,648 11 14 277
Surinam -- -- -- -- 242
Austria -- -- -- -- 241
Kenya 575 -- -- -- 87
Mauritius 835 -- -- -- 71
Cook Islands -- -- -- -- 30
Ghana -- -- -- -- 27
India 2,679 -- 79 -- 5
France (incl.
Monaco, French
Antilles) -- -- -- 15 1
Italy (includes
Vatican City
State) 742 56 1,000 2,005 --
Jamaica -- -- -- 702 --
2007 2008 2009 2010 2011
Iran -- -- -- 190 --
Malaysia -- -- -- 77 --
Eritrea -- -- 4,203 -- --
Dominica -- -- 56 -- --
Netherlands -- -- 20 -- --
Madagascar -- 81 -- -- --
French
Polynesia -- 32 -- -- --
Lebanon -- 23 -- -- --
Pakistan -- 19 -- -- --
Spain -- 2 -- -- --
Germany 2,908 -- -- -- --
Israel 112 -- -- -- --
Trinidad and
Tobago 62 -- -- -- --
TOTAL (ALL
COUNTRIES) 92,640,405 96,027,452 87,827,580 97,394,617 101,916,277
Origin CANADA
Jan-
%
Aug
Jan-Aug 2012 Change
2011 2012/2011
United States (U.S.) 173,191 206,521 19.20%
Trinidad and Tobago 1,227 1,799 46.60%
St.Pierre-Miquelon 85 230 170.60%
France (incl. Monaco, French Antilles) 119 -- --
Korea, South 72 -- --
Faeroe Islands 22 -- --
TOTAL (ALL COUNTRIES) 174,716 208,550 19.40%
Source of data: Statistics Canada
Report Date: 23-Oct-2012
LAMPIRAN-4:ImporKanadadari Indonesia, HS 080430, 2007 - 2011
Destination CANADA
Period 2007-2011
United States
(U.S.) 882,679 1,008,689 811,227 646,150 248,013
France (incl.
Monaco, French
Antilles) 3,552 3,209 5,836 8,071 11,246
Italy (includes
Vatican City
State) 2 95 -- 139 1,476
United Kingdom
(U.K.) -- -- 255 9 467
Surinam -- -- -- -- 78
Guyana -- -- -- -- 31
Guatemala -- -- -- 7 17
New Zealand -- -- -- -- 1
Colombia -- -- -- 1,579 --
Mauritius -- -- -- 598 --
2007 2008 2009 2010 2011
Lebanon -- -- -- 174 --
Peru 195 -- -- 7 --
Swaziland 23,013 -- -- 1 --
Ukraine -- -- 831 -- --
Israel -- -- 179 -- --
Netherlands -- 16,001 -- -- --
Morocco -- 10,405 -- -- --
Bulgaria -- 860 -- -- --
Trinidad and
Tobago -- 320 -- -- --
Dominican
Republic -- 176 -- -- --
South Africa 86 43 -- -- --
Australia 6,208 -- -- -- --
Japan 671 -- -- -- --
Germany 111 -- -- -- --
TOTAL (ALL
COUNTRIES) 18,128,181 22,204,191 22,977,631 21,728,101 24,720,467
Destination CANADA
Period 2007-2011
United States
(U.S.) 882,679 1,008,689 811,227 646,150 248,013
TOTAL (ALL
COUNTRIES) 18,128,181 22,204,191 22,977,633 21,728,101 24,720,467
An Act to regulate the marketing of agricultural products in import, export and interprovincial trade and to
provide for national standards and grades of agricultural products, for their inspection and grading, for the
registration of establishments and for standards governing establishments
SHORT TITLE
Short title
INTERPRETATION
Definitions
2. In this Act,
“advertisement”
« promotion »
“advertisement” means anything that directly or indirectly promotes the sale or other distribution of agricultural
products;
“agricultural product”
« produit agricole »
(b) a product, including any food or drink, wholly or partly derived from an animal or a plant, or
« estampille »
“analyst”
« analyste »
“Board”
« Conseil »
“container”
« contenant »
“container” means a receptacle, package, wrapper or confining band used or to be used in connection with an
agricultural product;
“convey”
« acheminement »
“convey” means, in respect of an agricultural product, sending or transporting the agricultural product;
“dealer”
« marchand »
(b) negotiates consignments, sales, purchases or other transactions involving agricultural products,
“establishment”
« établissement »
“grade name”
« nom de catégorie »
“grade name” means a prescribed name, mark or designation of a category and includes a standard prescribed for an
agricultural product;
“grader”
« classificateur »
“inspector”
« inspecteur »
“label”
« étiquetage »
“label” means a label, legend, word, mark, symbol, design, imprint, stamp, brand, ticket or tag or any combination
thereof that is, or is to be, applied or attached to an agricultural product or a container or that accompanies or is to
accompany the product or container;
“marketing”
« commercialisation »
“marketing” means the preparation and advertisement of agricultural products and includes the conveyance,
purchase and sale of agricultural products and any other act necessary to make agricultural products available for
consumption or use;
“Minister”
« ministre »
“penalty”
« sanction »
“penalty” means an administrative monetary penalty imposed under the Agriculture and Agri-Food Administrative
Monetary Penalties Act for a violation;
“person”
« personne »
“place”
« lieu »
“preparation”
« conditionnement »
“preparation” includes, in respect of an agricultural product, processing, slaughtering, storing, inspecting, grading,
packing, assembling, pricing, marking and labelling;
“prescribed”
Version anglaiseseulement
“sell”
« vente »
“sell” includes
(a) agreeing to sell or offering, keeping, exposing, transmitting, conveying or delivering for sale,
“Tribunal”
« Commission »
“violation”
« violation »
“violation” means any contravention of this Act or the regulations that may be proceeded with in accordance with
the Agriculture and Agri-Food Administrative Monetary Penalties Act.
R.S., 1985, c. 20 (4th Supp.), s. 2; 1994, c. 38, s. 25; 1995, c. 40, s. 27; 1997, c. 6, s. 38.
HER MAJESTY
4. (1) The Board of Arbitration, consisting of such members as are appointed by the Minister, one of whom shall be
appointed as Chairperson and one as Vice-Chairperson, is hereby continued.
Tenure
(2) Each member shall be appointed for a term of not more than five years and shall hold office during good
behaviour, but may be removed by the Minister for cause.
Re-appointment
(3) Each member may be re-appointed as a member in the same or another capacity.
4.1 (1) The Review Tribunal, consisting of such members as are appointed by the Governor in Council, one of
whom shall be appointed as Chairperson, is hereby continued.
Qualifications
(2) A person is not eligible to be appointed a member of the Tribunal unless the person is knowledgeable about or
has experience related to agriculture or agri-food and the Chairperson of the Tribunal and at least one other member
of the Tribunal must, in addition, be a barrister or advocate of at least ten years standing at the bar of any province or
a notary of at least ten years standing at the Chambre des notaires du Québec.
Membership
(3) The Chairperson of the Tribunal shall be appointed as a full-time member and the other members shall be
appointed as either full-time members or part-time members of the Tribunal.
Tenure
(4) Each member of the Tribunal shall be appointed for a term of not more than five years and shall hold office
during good behaviour, but may be removed by the Governor in Council for cause.
Re-appointment
(5) Each member of the Tribunal may be re-appointed as a member in the same or another capacity.
4.2 (1) A member of the Tribunal may not be a person employed in the federal public administration.
Conflict of interest
(2) A member of the Tribunal shall not accept or hold any office or employment that is inconsistent with the
member’s duties or take part in any matter before the Tribunal in which the member has an interest.
Previous Version
Contractual assistance
4.3 The Board or the Tribunal may, for specific projects, enter into contracts for the services of persons having
technical or specialized knowledge of any matter relating to the work of the Board or Tribunal to advise and assist it
in the exercise of its powers or the performance of its duties and functions under this Act.
Consultations
4.4 The members of the Board or the members of the Tribunal may consult with other members of the Board or
Tribunal, as the case may be, in respect of any matter before it.
5. (1) Where a member of the Board is absent or unable to act or the member’s position becomes vacant, the
Minister may appoint a person to act in the member’s place and, in the case of the Chairperson of the Board, the
Vice-Chairperson of the Board shall act as Chairperson pending the appointment of a replacement.
(2) Where the Chairperson of the Tribunal is absent or unable to act or the Chairperson’s position becomes vacant,
the members of the Tribunal shall designate a member of the Tribunal with the legal qualifications described in
subsection 4.1(2) to act as Chairperson pending the appointment of a replacement.
Duties of Chairpersons
(3) The Chairperson of the Board and the Chairperson of the Tribunal are the chief executive officers of the Board
and the Tribunal, respectively, and shall apportion work among their members.
Head offices
6. (1) The head offices of the Board and the Tribunal shall be in the National Capital Region, as described in the
schedule to the National Capital Act.
Meetings
(2) The Board may sit at such places in Canada as it considers appropriate and the Tribunal may sit at such places in
Canada as may be specified by the Governor in Council.
Quorum
(4) The Minister may provide the Board and the Tribunal with such officers and employees from within the federal
public administration and such facilities and professional advisers as are necessary for the proper conduct of the
business of the Board and the Tribunal.
R.S., 1985, c. 20 (4th Supp.), s. 6; 1995, c. 40, s. 30; 2003, c. 22, s. 224(E).
Previous Version
(a) an amount fixed by the Treasury Board for each day or part of a day that the member is performing duties under
this Act unless the member is employed in the federal public administration; and
(b) reasonable travel and living expenses incurred by the member in the course of the member’s duties under this
Act.
R.S., 1985, c. 20 (4th Supp.), s. 7; 1995, c. 40, s. 31; 2003, c. 22, s. 224(E).
Previous Version
Remuneration — Tribunal
7.1 (1) Each full-time member of the Tribunal shall be paid such salary as is fixed by the Governor in Council and
each part-time member of the Tribunal is entitled to be paid such fees or other remuneration for that member’s
services as may be fixed by the Governor in Council.
(2) Each member of the Tribunal is entitled to be paid reasonable travel and living expenses incurred by the member
in the course of the member’s duties under this Act.
Courts of record
8. (1) The Board and the Tribunal are courts of record and each shall have an official seal that shall be judicially
noticed.
(2) In addition to the powers conferred by subsection (1), the Board and the Tribunal each have, with respect to the
appearance, swearing and examination of witnesses, the production and inspection of documents, the enforcement of
their orders and other matters necessary or proper for the due exercise of their jurisdiction, all such powers, rights
and privileges as are vested in a superior court of record and, without limiting the generality of the foregoing, the
Board and the Tribunal may each
(i) to appear at the time and place stated in the summons to testify to all matters within the person’s knowledge
relative to any subject-matter before the Board or the Tribunal, as the case may be, and
(ii) to bring and produce any document, book or paper in the person’s possession or under the person’s control
relative to that subject-matter;
(c) during a hearing, receive such evidence as they consider relevant and trustworthy.
Rules
(3) The Board and, subject to the Agriculture and Agri-Food Administrative Monetary Penalties Act, the Tribunal
may, with the approval of the Governor in Council, each make rules governing
(b) the time and manner in which applications and notices must be made or given; and
(c) the work of the Board or the Tribunal, as the case may be.
(4) Neither the Board nor the Tribunal is bound by any legal or technical rules of evidence in conducting any matter
that comes before it, and each shall deal with matters that come before it as informally and expeditiously as the
circumstances and considerations of fairness and natural justice permit.
(5) Neither the Board nor the Tribunal shall receive or accept as evidence anything that would be inadmissible in a
court by reason of any privilege under the law of evidence.
9. (1) A dealer may, within the prescribed time, file with the Board a written complaint against a dealer licensed
under this Act for failure to comply with the regulations relating to grades, standards or marketing of prescribed
agricultural products in import, export or interprovincial trade.
(a) where it finds that the complaint is not well founded, the Board shall dismiss it;
(b) where it finds that the complaint is well founded, the Board shall make such order as it considers will provide
adequate relief from the activity complained of, including, if necessary, an order for the payment of compensation
and interest; and
(c) the Board shall give reasons for its decision where reasons are requested by any party to the proceedings.
REVIEW
10. (1) A party to any complaint proceedings may apply to the Tribunal for a review of the decision of the Board in
accordance with subsection (1.1), and the application shall be brought within thirty days after the Board made the
decision or within such longer period as the Tribunal may allow, either before or after the expiration of the thirty
days.
Nature of review
(1.1) A review referred to in subsection (1) shall be based on the record of the Board’s proceedings and on the
grounds of fairness, natural justice or error of law, but the Tribunal may hear evidence not previously available if it
deems it necessary for the purposes of the review.
Disposition of review
(2) After concluding a review referred to in subsection (1), the Tribunal may, by order, confirm the decision, make
the decision that the Board should have made or direct that the Board re-hear the matter, and the Tribunal shall, in
accordance with its rules, notify the parties of any order under this subsection.
11. (1) Subject to subsection (3), any person affected by a decision or order of the Board made under subsection
9(2), if it is final, or a decision or order of the Tribunal made under subsection 10(2), may file in the Federal Court
for immediate registration a copy of the decision or order, exclusive of any reasons given for it, but the decision or
order shall not be filed until at least thirty days after the day on which the decision or order was made.
Effect of filing
(2) On filing in the Federal Court, a decision or order shall be registered in that Court and, when registered, it shall
have the same force and effect, and all proceedings may be taken, as if the decision or order were a judgment
obtained in that Court.
Staying filing
(3) The Tribunal may make an order staying the filing in the Federal Court of any order pending its review by the
Tribunal.
Definition
(4) In subsection (1), the expression “order of the Board” includes an order as varied by the Tribunal, but does not
include an order made by a decision that has been cancelled by the Tribunal.
Exclusive jurisdiction
12. (1) The Board has sole and exclusive jurisdiction to hear and determine all questions of fact or law in relation to
any matter over which the Board is given jurisdiction by section 9, and the Tribunal has sole and exclusive
jurisdiction to hear and determine all questions of fact or law in relation to any matter over which the Tribunal is
given jurisdiction by this Act and the Agriculture and Agri-Food Administrative Monetary Penalties Act.
(2) Subject to section 10, a decision or order of the Board and a decision or order of the Tribunal may only be
reviewed under the Federal Courts Act.
R.S., 1985, c. 20 (4th Supp.), s. 12; 1990, c. 8, s. 42; 1995, c. 40, s. 36; 2002, c. 8, s. 182.
Previous Version
Chairperson
12.1 (1) The jurisdiction of the Tribunal in relation to the following matters shall be exercised by the Chairperson of
the Tribunal:
(b) requests under subsection 8(1) or 12(2) of the Agriculture and Agri-Food Administrative Monetary Penalties Act
for a review in respect of a notice of violation that contains a warning; and
(c) requests under paragraph 9(3)(c) or subsection 13(2) of that Act for a review in respect of a notice of violation
that sets out a penalty of less than $2,000.
(2) The jurisdiction of the Tribunal in relation to a matter referred to in subsection (1) may be exercised, where the
Chairperson of the Tribunal so directs, by any member of the Tribunal with the legal qualifications described in
subsection 4.1(2).
12.2 Reviews by the Tribunal under the Agriculture and Agri-Food Administrative Monetary Penalties Act shall be
heard by a single member of the Tribunal.
Registered establishments
13. It shall be a condition of the registration and operation of an establishment as a registered establishment under
this Act that the establishment and all agricultural products in it are subject to this Act and the regulations.
Accredited laboratories
Canada Agricultural Product Act | 10
Lampiran-11
14. For the purpose of administering this Act and the regulations, the Minister may designate as an accredited
laboratory all or part of any building or place set aside and used for conducting research or carrying out inspections,
grading, testing, analyses or experiments in science or used for the manufacture of chemical or biological products.
NATIONAL TRADE-MARKS
National trade-marks
15. Every agricultural product legend and every grade name is a national trade-mark and the exclusive property in
the trade-mark and, subject to this Act, the right to the use of the trade-mark are hereby vested in Her Majesty in
right of Canada.
(a) apply or use a legend, word, mark, symbol or design or any combination thereof that resembles an agricultural
product legend or a grade name; or
(b) market, or possess for the purpose of marketing, an agricultural product to which there is applied or in
connection with which there is used a legend, word, mark, symbol or design or any combination thereof that
resembles an agricultural product legend or a grade name.
Prohibition
17. No person shall, except in accordance with this Act or the regulations,
(b) possess an agricultural product for the purpose of marketing it in import, export or interprovincial trade; or
(c) possess an agricultural product that has been marketed in contravention of this Act or the regulations.
Presumption
18. In any proceedings for a contravention of section 16 or 17, a person found in possession of an agricultural
product in a quantity greater than is ordinarily necessary for a person’s own consumption shall be deemed, in the
absence of evidence to the contrary, to have been in possession of the product for the purpose of marketing it.
ADMINISTRATIVE OFFICERS
Designation
19. (1) The President of the Canadian Food Inspection Agency may designate inspectors, analysts and graders under
section 13 of the Canadian Food Inspection Agency Act for the purposes of this Act.
Designation
(1.1) The President of the Canada Border Services Agency may designate inspectors under paragraph 9(2)(b) of the
Canada Border Services Agency Act for the purposes of enforcing this Act.
Certificate to be produced
(2) Inspectors shall be given certificates in a form established by the President of the Canadian Food Inspection
Agency or the President of the Canada Border Services Agency, as the case may be, attesting to their designation
and, on entering any place under this Act, an inspector shall show the certificate to the person in charge of the place
on request.
(4) No person shall obstruct or hinder, or make any false or misleading statement either orally or in writing to, an
inspector, analyst or grader who is carrying out duties or functions under this Act or the regulations.
Interference
(5) Except as authorized by an inspector, no person shall remove, alter or interfere in any way with a thing seized or
detained under this Act or the regulations.
R.S., 1985, c. 20 (4th Supp.), s. 19; 1997, c. 6, s. 39; 2005, c. 38, s. 33.
Previous Version
20. The Minister may designate methods and equipment to be used by inspectors, analysts and graders in carrying
out duties and functions under this Act or the regulations.
INSPECTION
Powers of inspectors
21. (1) For the purpose of ensuring compliance with this Act and the regulations, an inspector may, subject to
section 22, enter and inspect any place, or stop any vehicle, in which the inspector believes on reasonable grounds
there is any agricultural product or other thing in respect of which this Act or the regulations apply, and the inspector
may
(a) open any container that the inspector believes on reasonable grounds contains an agricultural product;
(b) inspect any agricultural product or other thing and take samples of it free of charge; and
(c) require any person to produce for inspection or copying, in whole or in part, any record or other document that
the inspector believes on reasonable grounds contains any information relevant to the administration of this Act or
the regulations.
(a) use or cause to be used any data processing system at the place to examine any data contained in or available to
the data processing system;
(b) reproduce any record or cause it to be reproduced from the data in the form of a printout or other intelligible
output and take the printout or other output for examination or copying; and
(c) use or cause to be used any copying equipment at the place to make copies of any record or other document.
Assistance to inspectors
(3) The owner or person in charge of a place referred to in subsection (1) and every person found in that place shall
give the inspector all reasonable assistance to enable the inspector to carry out the inspector’s duties and functions
under this Act and shall furnish the inspector with such information with respect to the administration of this Act or
the regulations as the inspector may reasonably require.
22. (1) An inspector may not enter a dwelling-place except with the consent of the occupant of the dwelling-place or
under the authority of a warrant issued under subsection (2).
(a) the conditions for entry described in section 21 exist in relation to a dwelling-place,
(b) entry to the dwelling-place is necessary for any purpose relating to the administration of this Act or the
regulations, and
(c) entry to the dwelling-place has been refused or that there are reasonable grounds for believing that entry will be
refused,
the justice may issue a warrant authorizing the inspector named in the warrant to enter the dwelling-place subject to
such conditions as may be specified in the warrant.
Use of force
(3) An inspector who executes a warrant issued under subsection (2) shall not use force unless the inspector is
accompanied by a peace officer and the use of force has been specifically authorized in the warrant.
(4) A peace officer shall provide such assistance as an inspector may request for the purpose of enforcing this Act or
the regulations.
Seizure
23. Where an inspector believes on reasonable grounds that this Act or the regulations have been contravened, the
inspector may seize and detain any agricultural product or other thing
(a) by means of or in relation to which the inspector believes on reasonable grounds the contravention occurred; or
(b) that the inspector believes on reasonable grounds will afford evidence in respect of a contravention of this Act or
the regulations.
SEARCH
Warrant
24. (1) Where on ex parte application a justice is satisfied by information on oath that there are reasonable grounds
to believe that there is in any place an agricultural product, record, document or other thing
(a) by means of or in relation to which this Act or the regulations have been contravened or are suspected of having
been contravened, or
(b) that there are reasonable grounds to believe will afford evidence in respect of a contravention of this Act or the
regulations,
the justice may at any time issue a warrant authorizing an inspector to enter and search the place for the agricultural
product, record, document or thing and to seize it.
(2) An inspector who executes a warrant issued under subsection (1) may exercise the powers described in section
21 and may seize, in addition to any thing mentioned in the warrant, any agricultural product or other thing
(a) by means of or in relation to which the inspector believes on reasonable grounds that this Act or the regulations
have been contravened; or
(b) that the inspector believes on reasonable grounds will afford evidence in respect of a contravention of this Act or
the regulations.
(3) A warrant issued under subsection (1) shall be executed by day unless the justice authorizes its execution by
night.
(4) An inspector may exercise any of the powers referred to in subsections (1) and (2) without a warrant if the
conditions for obtaining a warrant exist but by reason of exigent circumstances it would not be practical to obtain a
warrant.
25. (1) A thing seized and detained under this Act may be stored by an inspector, or by any person designated by an
inspector, in the place where it was seized or may, at the inspector’s discretion, be removed to any other place for
storage and the costs of storage or removal shall be paid by the owner of the thing or by the person who was in
possession of it at the time of its seizure.
(2) An inspector who seizes a perishable agricultural product under this Act may dispose of or destroy the product
and any proceeds realized from its disposition shall be paid to the Receiver General.
26. In proceedings for a violation the Tribunal may, and in proceedings for an offence under this Act the court in
which the proceedings are or may be brought may, with the consent of the Minister, order redelivery of a thing
seized under this Act, or delivery of any proceeds realized from its disposition under section 25, to the person from
whom the thing was seized if security is given to the Minister in an amount and form satisfactory to the Minister.
Detention
27. (1) A thing seized under this Act, or the proceeds realized from its disposition under section 25, shall not be
detained after
(a) an inspector determines that the thing is in conformity with the provisions of this Act and the regulations, or
(b) the expiration of one hundred and eighty days after the day of its seizure, or such longer period as may be
prescribed,
unless before that time proceedings are instituted in relation to the thing seized, in which case it may be detained
until the proceedings are finally concluded.
(2) Subject to subsection 28(2), where proceedings are instituted in accordance with subsection (1) in respect of a
thing seized, other than an agricultural product bearing an agricultural product legend or a grade name, the owner of
the thing or the person in possession of it at the time of its seizure may apply
(b) in the case of an offence, to the court before which the proceedings are being held,
Order
(3) Where the Tribunal or court, as the case may be, is satisfied that sufficient evidence exists or may reasonably be
obtained without detaining the thing, the Tribunal or court may order it to be returned to the applicant, subject to any
conditions the Tribunal or court may impose to ensure that it is preserved for any purpose for which it may
subsequently be required.
Forfeiture
28. (1) Where the Tribunal decides that a person has committed a violation, or a person is convicted of an offence
under this Act, the Tribunal or the convicting court, as the case may be, may, on its own motion or at the request of
any party to the proceedings, in addition to any penalty or punishment imposed, order that any thing by means of or
in relation to which the violation or offence was committed, or any proceeds realized from its disposition, be
forfeited to Her Majesty in right of Canada.
(2) Where the owner of a thing seized under this Act or the person in possession of it at the time of its seizure
consents to its forfeiture, it is thereupon forfeited to Her Majesty in right of Canada.
R.S., 1985, c. 20 (4th Supp.), s. 28; 1993, c. 34, s. 12(F); 1995, c. 40, s. 40.
29. (1) Where proceedings mentioned in subsection 27(1) are instituted within the time provided in that subsection
and, at the final conclusion of those proceedings, the Tribunal or court orders the forfeiture of a seized thing, it may
be disposed of, at the expense of the person from whom it was seized, in accordance with the regulations, unless the
Minister directs otherwise.
(2) Where the Tribunal or court does not order the forfeiture of the thing seized, it shall be returned to the person
from whom it was seized or any proceeds realized from its disposition or any security given for it shall be returned
to that person.
Exception
(3) Where the Tribunal decides that the person from whom a thing was seized has committed a violation, or a person
from whom a thing was seized is convicted of an offence under this Act, the thing, any proceeds realized from its
disposition or any security given for it may be retained until the penalty or fine, as the case may be, is paid, or the
thing may be sold under execution in satisfaction of the penalty or fine or the proceeds or the security or any part
thereof may be applied in payment of the penalty or fine.
R.S., 1985, c. 20 (4th Supp.), s. 29; 1993, c. 34, s. 13(F); 1995, c. 40, s. 41.
ILLEGAL IMPORT
30. (1) Where an inspector believes on reasonable grounds that an agricultural product is being or has been imported
into Canada in contravention of this Act or the regulations, the inspector may, whether or not the product is seized,
require the importer to remove it from Canada by delivering personally to the importer a notice for its removal or by
sending the notice by registered mail to the importer’s business address in Canada.
(2) Where an agricultural product is not removed from Canada within the period specified for its removal in a notice
delivered or sent under subsection (1) or, where no period is specified, within ninety days after the notice was
delivered or sent to the importer, the agricultural product shall, notwithstanding section 27, be forfeited to Her
Majesty in right of Canada and may be disposed of, at the expense of the importer, in accordance with the
regulations, unless the Minister directs otherwise.
FINANCIAL RESPONSIBILITY
31. The Minister may require any person or class of persons marketing agricultural products in import, export or
interprovincial trade to provide evidence of financial responsibility in any form, including an insurance or indemnity
bond, or a suretyship, that is satisfactory to the Minister.
REGULATIONS
Regulations
32. The Governor in Council may make regulations for carrying out the purposes and provisions of this Act and
prescribing anything that is to be prescribed under this Act and, without limiting the generality of the foregoing, may
make regulations
(a) prescribing agricultural product legends and grade names and generally respecting agricultural product legends,
grade names and other labels;
(b) for the licensing, registration or accreditation of any activity or operation to which this Act applies, including
regulations
(i) prescribing the records to be kept in respect of any licensed, registered or accredited activity or operation,
(ii) governing the registration of establishments and the licensing of dealers and operators of establishments,
(iii) governing the renewal, cancellation and suspension of the registration of establishments and the licences of
dealers and operators of establishments,
(iv) providing for the accreditation of operations involving inspection, analysis or grading, and
(v) requiring dealers or operators of establishments to post bonds or to provide suretyships, or to provide other
security satisfactory to the Minister, as a guarantee that they will comply with the terms and conditions of any
licence or registration issued to them and providing for the forfeiture of the bonds, suretyships or other security if
they fail to comply with those terms and conditions;
(c) governing the design, construction, hygiene, sanitation and maintenance of registered establishments and of the
equipment and facilities in them and governing
(i) the operation of registered establishments and the suspension of their operations, and
(ii) the procedures to be followed and the standards to be maintained in registered establishments for the preparation
of agricultural products;
(d) providing for the inspection of establishments and the inspection, analysis, testing, grading and sampling of
agricultural products;
(e) governing analyses related to pesticide residues and any other dangerous or potentially dangerous substance that
is found on, in or near agricultural products;
(f) establishing grades and standards, including standards of wholesomeness, for agricultural products and
establishing standards for containers;
(h) providing for measures, including slaughter and destruction, to be taken respecting agricultural products or other
things that
(ii) do not meet, or are suspected on reasonable grounds of not meeting, the requirements of this Act and the
regulations
and prohibiting any slaughter or destruction that is not in accordance with those measures;
(i) providing for systems to ascertain the places of origin or destination of agricultural products;
(j) establishing requirements governing the seizure and detention of things under this Act, providing for the safe-
keeping and disposal of things seized, detained or forfeited under this Act and regulating the inspection of places
and the stopping of vehicles;
(k) regulating or prohibiting the marketing of any agricultural product, other than a fresh or processed fruit or
vegetable, in import, export or interprovincial trade and establishing terms and conditions governing that marketing;
(l) regulating or prohibiting the marketing of any fresh or processed fruit or vegetable in import, export or
interprovincial trade, including regulations
(iv) permitting the Minister or a delegate of the Minister to exempt the marketing of any fresh or processed fruit or
vegetable in import or interprovincial trade from any of the requirements of this Act or the regulations where the
Minister or delegate considers that it is necessary to do so in order to alleviate a shortage in Canada of the fruit or
vegetable or an equivalent fruit or vegetable, and
(v) permitting the Minister or a delegate of the Minister to exempt the marketing of any fresh or processed fruit or
vegetable in export trade from any of the requirements of this Act or the regulations;
(n) for exempting any person, establishment, agricultural product, class of agricultural products, container or other
thing from the application of any or all of the provisions of this Act or the regulations;
(o) providing for the collection of market information and statistics, the publication of studies dealing with the
marketing of agricultural products and the conduct of surveys on any matter related to this Act or the regulations;
and
(p) prescribing any fees or charges required for the administration of this Act or the regulations and the interest that
shall accrue on unpaid fees or charges.
33. (1) Every person who contravenes any provision of this Act or the regulations
(a) is guilty of an offence punishable on summary conviction and liable to a fine not exceeding $50,000 or to
imprisonment for a term not exceeding six months, or to both; or
(b) is guilty of an indictable offence and liable to a fine not exceeding $250,000 or to imprisonment for a term not
exceeding two years, or to both.
Time limit
(2) Proceedings by way of summary conviction in respect of an offence under this Act may be instituted at any time
within, but not later than, two years after the time when the Minister became aware of the subject-matter of the
proceedings.
Minister’s certificate
(3) A document purporting to have been issued by the Minister, certifying the day on which the Minister became
aware of the subject-matter of any proceedings, shall be received in evidence and, in the absence of any evidence to
the contrary, the document shall be considered as conclusive proof of that fact without proof of the signature or of
the official character of the person appearing to have signed the document and without further proof.
Ticket offences
34. (1) The Governor in Council may make regulations designating the contravention of any provision of this Act or
the regulations as an offence with respect to which
(a) notwithstanding the provisions of the Criminal Code, an inspector may issue and serve a summons by
completing a ticket in the prescribed form, signing it and delivering it to the accused; or
(b) the summons may be served by mailing it to the accused at the latest known address of the accused.
(2) Where a person is served with a ticket and does not enter a plea within the prescribed time, a justice shall
examine the ticket and
(a) if the ticket is complete and regular on its face, the justice shall enter a conviction in the person’s absence and
impose a fine of the prescribed amount; or
(b) if the ticket is not complete and regular on its face, the justice shall quash the proceedings.
Regulations
(3) The Governor in Council may make regulations for the purposes of applying this section, including regulations
prescribing the amount of the fine for any offence and establishing a procedure for entering a plea of guilty and
paying the fine.
Repeated offences
(4) The amount of the fine for an offence may be prescribed to be higher with respect to persons who are convicted
of the offence for a second or further time.
Recovery of fines
35. Where a person is convicted of an offence under this Act and a fine imposed as punishment is not paid when
required, the prosecutor may, by filing the conviction, enter as a judgment the amount of the fine and costs, if any, in
the superior court of the province in which the trial was held, and the judgment is enforceable against the convicted
person in the same manner as if it were a judgment obtained by Her Majesty in right of Canada against the person in
that court in civil proceedings.
36. Where a corporation commits an offence under this Act, any officer, director or agent of the corporation who
directed, authorized, assented to or acquiesced or participated in the commission of the offence is a party to and
guilty of the offence and is liable on conviction to the punishment provided for the offence, whether or not the
corporation has been prosecuted or convicted.
37. In any prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was
committed by an employee or agent of the accused, whether or not the employee or agent is identified or has been
prosecuted for the offence, unless the accused establishes that the offence was committed without the knowledge or
consent of the accused and that the accused exercised all due diligence to prevent its commission.
Venue
38. A prosecution for an offence under this Act may be instituted, heard and determined
(a) in the place where the offence was committed or the subject-matter of the prosecution arose;
39. Where any fees or charges imposed under this Act or the regulations, or any interest thereon, are unpaid, they
may be recovered from the person on whom they were imposed as a debt due to Her Majesty in right of Canada.
EVIDENCE
40. (1) In any proceedings for a violation, or for an offence under this Act, a certificate or report of an analyst,
inspector or grader, purporting to have been signed by the analyst, inspector or grader, and stating the results of the
relevant analysis, inspection or grading, is admissible in evidence without proof of the signature or official character
of the person appearing to have signed the certificate or report and, in the absence of evidence to the contrary, is
proof of the matters asserted in the certificate or report.
Copies of documents
(2) In any proceedings for a violation, or for an offence under this Act, a copy of or an extract from any book, record
or document made by an inspector under paragraph 21(1)(c) or (2)(b) or subsection 24(2) or (4) and appearing to
have been certified under the inspector’s signature as a true copy or extract is admissible in evidence without proof
of the signature or official character of the person appearing to have signed the copy and extract and, in the absence
of evidence to the contrary, has the same probative force as the original would have if it were proved in the ordinary
way.
Notice
(3) No certificate, report, copy or extract referred to in this section shall be received in evidence unless the party
intending to produce it has, before the trial, served on the party against whom it is intended to be produced
reasonable notice of that intention together with a duplicate of the certificate, report, copy or extract.
Evidence of identification
41. In any proceedings for a violation, or for an offence under this Act, proof that an agricultural product or its
container bore
(a) a name and address purporting to be that of the person who prepared it, or
(b) a registered number or registered brand mark purporting to be that of the establishment where it was prepared,
is proof, in the absence of evidence to the contrary, that the agricultural product was prepared by the person or at the
establishment whose name, address, registered number or registered brand mark appeared on the agricultural
product or container.
REPEAL
42. [Repeal]
(p) prescribing any fees or charges required for the administration of this Act or the regulations.
1. Section 34 is repealed.
An Act respecting the packaging, labelling, sale, importation and advertising of prepackaged and certain other
products
SHORT TITLE
1. This Act may be cited as the Consumer Packaging and Labelling Act.
1970-71-72, c. 41, s. 1.
INTERPRETATION
Definitions
“advertise”
« publicité » ou « annonce »
“advertise” means make any representation to the public by any means whatever, other than a label, for the
purpose of promoting directly or indirectly the sale of a product;
“apply”
“apply” means, in respect of a label, to attach to, imprint on, include in or cause to accompany in any other way a
product;
“Commissioner”
« commissaire »
“Commissioner” means the Commissioner of Competition appointed under the Competition Act;
“container”
« contenant »
“container” means a receptacle, package, wrapper or confining band in which a product is offered for sale but does
not include package liners or shipping containers or any outer wrapping or box that is not customarily displayed to
the consumer;
“dealer”
« fournisseur »
“dealer” means a person who is a retailer, manufacturer, processor or producer of a product, or a person who is
engaged in the business of importing, packing or selling any product;
“inspector”
« inspecteur »
(a) for the enforcement of this Act under the Department of Industry Act, or
(b) for the enforcement of this Act as it relates to food, as defined in section 2 of the Food and Drugs Act, under
the Canadian Food Inspection Agency Act;
“label”
“label” means any label, mark, sign, device, imprint, stamp, brand, ticket or tag;
“Minister”
« ministre »
“Minister” means the Minister of Industry and, for the enforcement of this Act as it relates to food, as defined in
section 2 of the Food and Drugs Act, means the Minister of Agriculture and Agri-Food;
“prepackaged product”
« produit préemballé »
“prepackaged product” means any product that is packaged in a container in such a manner that it is ordinarily
sold to or used or purchased by a consumer without being re-packaged;
“prescribed”
“product”
« produit »
“product” means any article that is or may be the subject of trade or commerce but does not include land or any
interest therein;
“sell”
« vendre »
“sell” includes
(a) offer for sale, expose for sale and have in possession for sale, and
(b) display in such manner as to lead to a reasonable belief that the substance or product so displayed is intended
for sale.
Functions of Commissioner
(2) The functions of the Minister of Industry in relation to the administration of this Act except subsection 11(1),
and in relation to the enforcement of this Act except as it relates to food, as that term is defined in section 2 of the
Food and Drugs Act, may be exercised by the Commissioner on behalf of that Minister.
R.S., 1985, c. C-38, s. 2; 1992, c. 1, s. 145(F); 1995, c. 1, ss. 62, 63; 1997, c. 6, s. 40; 1999, c. 2, s. 44.
APPLICATION OF ACT
3. (1) Subject to subsection (2) and any regulations made under section 18, the provisions of this Act that are
applicable to any product apply notwithstanding any other Act of Parliament.
Exemption
(2) This Act does not apply to any product that is a device or drug within the meaning of the Food and Drugs Act.
1970-71-72, c. 41, s. 3.
PROHIBITIONS
4. (1) No dealer shall sell, import into Canada or advertise any prepackaged product unless that product has
applied to it a label containing a declaration of net quantity of the product in the form and manner required by this
Act or prescribed and in terms of either
(b) a unit of measurement set out in Schedule I to the Weights and Measures Act,
as may be prescribed.
(2) A declaration of net quantity referred to in subsection (1) shall be located on the principal display panel of the
label and shall be clearly and prominently displayed, easily legible and in distinct contrast to any other information
or representation shown on the label.
5. No dealer shall, in advertising any prepackaged product, make any representation with respect to the net
quantity of the product except in accordance with this Act and the regulations.
1970-71-72, c. 41, s. 5.
6. No dealer shall sell or import into Canada any prepackaged product that is packaged in such a manner that it
does not meet the packaging requirements established in relation to that product by regulations made pursuant to
subsection 11(1).
1970-71-72, c. 41, s. 6.
7. (1) No dealer shall apply to any prepackaged product or sell, import into Canada or advertise any prepackaged
product that has applied to it a label containing any false or misleading representation that relates to or may
reasonably be regarded as relating to that product.
(2) For the purposes of this section, “false or misleading representation” includes
(a) any representation in which expressions, words, figures, depictions or symbols are used, arranged or shown in
a manner that may reasonably be regarded as qualifying the declared net quantity of a prepackaged product or as
likely to deceive a consumer with respect to the net quantity of a prepackaged product;
(b) any expression, word, figure, depiction or symbol that implies or may reasonably be regarded as implying that a
prepackaged product contains any matter not contained in it or does not contain any matter in fact contained in it;
and
(c) any description or illustration of the type, quality, performance, function, origin or method of manufacture or
production of a prepackaged product that may reasonably be regarded as likely to deceive a consumer with
respect to the matter so described or illustrated.
Where, within prescribed tolerances, net quantity not less than declared
(3) Where a declaration of net quantity shows the purported net quantity of the prepackaged product to which it is
applied, that declaration shall be deemed not to be a false or misleading representation if the net quantity of the
prepackaged product is, subject to the prescribed tolerance, not less than the declared net quantity of the
prepackaged product and the declaration otherwise meets the requirements of this Act and the regulations.
1970-71-72, c. 41, s. 7.
8. No dealer shall apply to any edible or potable prepackaged product a label that contains any representation with
respect to the number of servings contained in the container of the prepackaged product unless that label contains
a declaration of net quantity of each serving in the form and manner prescribed and in terms of either
(b) a unit of measurement set out in Schedule I to the Weights and Measures Act,
as may be prescribed.
9. (1) No dealer shall sell, import into Canada or advertise any prepackaged product that is packaged in a container
that has been manufactured, constructed or filled or is displayed in such a manner that a consumer might
reasonably be misled with respect to the quality or quantity of the product.
(2) No dealer is guilty of the offence of selling, importing into Canada or advertising a prepackaged product that is
packaged in a container that has been filled in such a manner that a consumer might reasonably be misled with
respect to the quality or quantity of the product if the dealer establishes that the container was filled in
accordance with a recognized and accepted production practice that is reasonably necessary for the purpose of
packaging the product.
1970-71-72, c. 41, s. 9.
LABELS
10. Each label containing a declaration of net quantity of the prepackaged product to which it is applied shall
(a) be applied to the prepackaged product in such form and manner as may be prescribed; and
(b) show, in such form and manner and in such circumstances as may be prescribed,
(i) the identity and principal place of business of the person by or for whom the prepackaged product was
manufactured or produced for resale,
(ii) the identity of the prepackaged product in terms of its common or generic name or in terms of its function, and
(iii) such information respecting the nature, quality, age, size, material content, composition, geographic origin,
performance, use or method of manufacture or production of the prepackaged product as may be prescribed.
STANDARDIZATION OF CONTAINERS
11. (1) Where the Governor in Council is of the opinion that there is an undue proliferation of sizes or shapes of
containers in which any prepackaged product or class of prepackaged product is sold and that the effect of the
undue proliferation of sizes or shapes is to confuse or mislead or be likely to confuse or mislead consumers with
respect to the weight, measure or numerical count of a prepackaged product, the Governor in Council, on the
recommendation of the Minister, may make regulations establishing packaging requirements that limit the sizes
and shapes of containers in which that prepackaged product or class of prepackaged product may be sold.
(2) For the purpose of establishing packaging requirements for any prepackaged product or class of prepackaged
product, the Minister shall seek the advice of at least one organization in Canada of consumers and one
organization of dealers in that prepackaged product or class of prepackaged product and may seek the advice of
the Standards Council of Canada or any organization in Canada engaged in standards formulation.
12. (1) The Minister may conduct research and studies relating or incidental to the packaging and labelling of any
prepackaged product, including matters relating or incidental to unit price marking, date and storage marking and
the shapes and sizes of containers.
Consultation
(2) The Minister may, in conducting any research or studies pursuant to subsection (1), consult with or seek the
advice of any department or agency of any government, any dealers or any organization of dealers or any
organization in Canada of consumers.
ENFORCEMENT
Certificate to be produced
13. (1) An inspector shall be furnished with a certificate of his designation as an inspector and on entering any
place described in subsection (2) shall, if so required, produce the certificate to the person in charge of that place.
Powers of inspectors
(2) Subject to subsection (2.1), an inspector may at any reasonable time enter any premises of a dealer or any
other place in which the inspector believes on reasonable grounds there is any prepackaged product that is owned
by a dealer and may, where the inspector believes on reasonable grounds that, for any purpose relating to the
enforcement of this Act, it is necessary to do so,
(b) open and examine any package found therein that he believes on reasonable grounds contains any
prepackaged product; and
(c) examine any documents or papers, including books, reports, records, shipping bills and bills of lading, or any
data entered or recorded by any system of mechanical or electronic data processing or by any other information
storage device, that he believes on reasonable grounds contain any information relevant to the enforcement of
this Act and make copies thereof or extracts therefrom.
(2.1) Where any premises or place referred to in subsection (2) is a dwelling-house, an inspector may not enter
that dwelling-house without the consent of the occupant except under the authority of a warrant issued under
subsection (2.2).
(2.2) Where on ex parte application a justice of the peace is satisfied by information on oath
(a) that the conditions for entry described in subsection (2) exist in relation to a dwelling-house,
(b) that entry to the dwelling-house is necessary for any purpose relating to the administration or enforcement of
this Act, and
(c) that entry to the dwelling-house has been refused or that there are reasonable grounds for believing that entry
thereto will be refused,
the justice of the peace may issue a warrant under his hand authorizing the inspector named therein to enter that
dwelling-house subject to such conditions as may be specified in the warrant.
Use of force
(2.3) In executing a warrant issued under subsection (2.2), the inspector named therein shall not use force unless
the inspector is accompanied by a peace officer and the use of force has been specifically authorized in the
warrant.
Assistance to inspectors
(3) The owner or the person in charge of a place entered by an inspector pursuant to subsection (2) and every
person employed therein shall give the inspector all reasonable assistance to enable the inspector to carry out his
duties and functions under this Act and shall furnish the inspector with any information he may reasonably require
with respect to the administration of this Act and the regulations.
14. (1) No person shall obstruct or hinder, or knowingly make any false or misleading statements either orally or in
writing to, an inspector engaged in carrying out his duties and functions under this Act.
Interference
(2) Except with the authority of an inspector, no person shall remove, alter or interfere in any way with any
product or other thing seized and detained by an inspector pursuant to subsection 15(1).
(3) An inspector shall, at the request of the person from whom a product or other thing was seized, allow that
person or any person authorized by that person to examine the product or other thing so seized and, where
practicable, furnish a sample thereof to such person.
Seizure
15. (1) Where an inspector believes on reasonable grounds that any provision of this Act or the regulations has
been contravened, the inspector may seize and detain any product or any labelling, packaging or advertising
material by means of or in relation to which the inspector believes on reasonable grounds the contravention was
committed.
Seizure limitation
(2) Except to the extent that the product or other thing, or a sample thereof, is required as evidence, an inspector
shall not seize any product or other thing pursuant to subsection (1) where, in the opinion of the inspector, the
seizure of the product or other thing is not necessary in the public interest.
(3) Where an inspector has seized and detained any product or other thing pursuant to subsection (1), he shall, as
soon as practicable, advise the person in whose possession the product or other thing was at the time of seizure of
the provision of this Act or the regulations that the inspector believes has been contravened.
Detention limitation
(4) Any product or other thing seized pursuant to subsection (1) shall not be detained
(a) after the provisions of this Act or any regulations that are applicable to the product or other thing have, in the
opinion of an inspector, been complied with;
(b) except to the extent that the product or other thing, or a sample thereof, is required as evidence, after an
inspector or the Minister is, on application made by the owner of the product or other thing or by the person in
whose possession the product or other thing was at the time of seizure, satisfied that it is not necessary in the
public interest to continue to detain the product or other thing; or
(c) after the expiration of sixty days after the day of seizure, or if the seizure is in respect of a contravention of the
Act as it relates to food as defined in section 2 of the Food and Drugs Act, one hundred and eighty days after the
day of seizure, unless, before that time,
(i) the product or other thing has been forfeited pursuant to section 17,
(ii) proceedings have been instituted in respect of the contravention in relation to which the product or other thing
was seized, in which event the product or other thing may be detained until the proceedings are finally concluded,
or
(iii) notice of an application for an order extending the time during which the product or other thing may be
detained has been served in accordance with section 16.
(5) A product or other thing seized by an inspector pursuant to subsection (1) shall be kept or stored in the building
or place where it was seized, except where the product or thing, or a sample thereof, is required as evidence or
the person in whose possession the product or thing was at the time of seizure or the person entitled to
possession of the building or place requests that it be removed to some other proper place, in which case the
product or thing or the sample thereof, as the case may be, may be removed to and stored in any other proper
place at the direction of or with the concurrence of an inspector.
16. (1) Where proceedings have not been instituted in respect of the contravention in relation to which any
product or other thing was seized and detained pursuant to subsection 15(1), the Minister may, before the
expiration of the period referred to in paragraph 15(4)(c) and on the serving of prior notice in accordance with
subsection (2) on the owner of the product or other thing or on the person in whose possession the product or
other thing was at the time of seizure, apply to a provincial court judge within whose territorial jurisdiction the
seizure was made for an order extending the time during which the product or other thing may be detained.
Notice of application
(2) The notice referred to in subsection (1) shall be served by personal service at least five clear days prior to the
day on which the application is to be made to the provincial court judge or by registered mail at least seven clear
days prior to that day and shall specify
(b) the place where and the time when the application is to be heard, which time shall be not later than ten days
after service of the notice;
(c) the product or other thing in respect of which the application is to be made; and
(d) the evidence on which the Minister intends to rely to show why the time during which the product or other
thing may be detained should be extended.
(3) Where, on the hearing of an application made under subsection (1), the provincial court judge is satisfied that
the product or other thing seized should continue to be detained, the provincial court judge shall order that
(a) the product or other thing be detained for such additional period of time and on such conditions relating to the
detention for that period as he deems proper, and
(b) on the expiration of that period, the product or other thing be restored to the person from whom it was seized
or to any other person entitled to possession thereof,
unless, before the expiration of that period, subparagraph 15(4)(c)(i) or (ii) applies.
(4) Where, on the hearing of an application made under subsection (1), the provincial court judge is not satisfied
that the product or other thing seized should continue to be detained, the provincial court judge shall order that
the product or other thing be restored to the person from whom it was seized or to any other person entitled to
possession thereof on the expiration of the period referred to in paragraph 15(4)(c), unless
(a) before the expiration of that period of time, subparagraph 15(4)(c)(i) or (ii) applies; or
(b) at the time of the hearing, that period has then expired, in which event the provincial court judge shall order
the restoration thereof forthwith to the person from whom it was seized or to any other person entitled to
possession thereof.
R.S., 1985, c. C-38, s. 16; R.S., 1985, c. 27 (1st Supp.), s. 203; 1997, c. 6, s. 42.
Forfeiture on consent
17. (1) Where an inspector has seized any product or other thing pursuant to subsection 15(1) and the owner
thereof or the person in lawful possession thereof at the time of seizure consents in writing to the forfeiture of the
product or other thing, the product or other thing is thereupon forfeited to Her Majesty.
(2) Where a person is convicted of an offence under this Act and any product or other thing seized pursuant to
subsection 15(1) by means of which or in relation to which the offence was committed is then being detained, the
product or other thing
(a) is, on that conviction, in addition to any punishment imposed for the offence, forfeited to Her Majesty if the
forfeiture is directed by the court; or
(b) shall, on the expiration of the time for bringing an appeal from the conviction or on the final conclusion of the
proceedings, as the case may be, be restored to the person from whom it was seized or to any other person
entitled to possession thereof on such conditions, if any, relating to sale or advertising as may be imposed by order
of the court and as, in the opinion of the court, are necessary to avoid the commission of any further offence
under this Act.
(3) For the purposes of subsection (2), any product or other thing released from detention pursuant to paragraph
15(4)(a) or (b) shall be deemed not to have been seized pursuant to section 15.
REGULATIONS
Regulations
(a) exempting, conditionally or unconditionally, any prepackaged product or class of prepackaged product from
any or all of the provisions of this Act or the regulations;
(b) exempting, conditionally or unconditionally, any type of transaction in relation to any prepackaged product or
class of prepackaged product from the prohibition contained in section 4;
(c) defining the expression "principal display panel" for the purposes of this Act;
(d) prescribing the information that shall be shown on the container of a prepackaged product where any
representation is made thereon that the prepackaged product is being offered for sale below the usual retail price;
(e) requiring the statement on the container of a prepackaged product of any information or representation
required to be shown in a label, in addition to or in place of the statement of that information or representation in
a label;
(f) prescribing the form and manner in which, including the language or languages in which, any information or
representation required to be declared or shown in any label, on any container or in any advertisement shall be
declared or shown;
(g) prescribing any expressions, words, figures, depictions or symbols the use of which, in relation to a
prepackaged product, shall be deemed, unless the contrary is proven, to constitute a false or misleading
representation;
(h) subject to any other Act of Parliament, extending or applying any provision of this Act to or in respect of any
product or class of product specified in the regulations that is not a prepackaged product but is ordinarily sold to or
purchased by a consumer
(i) otherwise than for resale or for use in the course of a business, trade or calling, or
(ii) with a label applied thereto, whether or not that label contains a declaration of net quantity;
(i) respecting the detention of products and other things seized and detained under section 15;
(j) respecting the disposition of products and other things forfeited under section 17;
(k) prescribing any matter or thing that by this Act may be prescribed; and
(l) generally for carrying out the purposes and provisions of this Act.
(2) Where any information or representation is required by the regulations to be stated on the container of a
prepackaged product in place of the statement of that information or representation in a label and is so stated,
that statement on the container shall be deemed to be a label and to be applied to the prepackaged product.
19. A copy of each regulation or amendment to a regulation that the Governor in Council proposes to make under
section 11 or 18 shall be published in the Canada Gazette and a reasonable opportunity shall be afforded to
consumers, dealers and other interested persons to make representations with respect thereto.
Contraventions of sections 4 to 9
20. (1) Subject to subsection (2.1), every dealer who contravenes any of sections 4 to 9 is guilty of an offence and
liable
(2) Subject to subsection (2.1), every person who contravenes any provision of this Act, other than any of sections
4 to 9, or any regulation made under paragraph 18(1)(d), (e) or (h), is guilty of an offence and liable
(a) on summary conviction, to a fine not exceeding $1,000 or to imprisonment for a term not exceeding six months
or to both; or
(b) on conviction on indictment, to a fine not exceeding $3,000 or to imprisonment for a term not exceeding one
year or to both.
(2.1) Every person who contravenes a provision referred to in subsection (1) or (2) as that provision relates to food,
as defined in section 2 of the Food and Drugs Act, is guilty of an offence and liable
(a) on summary conviction, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding six
months or to both; or
(b) on conviction on indictment, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding two
years or to both.
(3) Where a corporation commits an offence under this Act, any officer, director or agent of the corporation who
directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and
guilty of the offence and is liable on conviction to the punishment provided for the offence whether or not the
corporation has been prosecuted or convicted.
21. (1) In any prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was
committed by an employee or agent of the accused, whether or not the employee or agent is identified or has
been prosecuted for the offence, unless the accused establishes that the offence was committed without his
knowledge or consent and that he exercised all due diligence to prevent its commission.
Limitation period
(2) Any proceedings by way of summary conviction for an offence referred to in subsection 20(1) or (2) may be
instituted within but not later than twelve months after the time when the subject-matter of the proceedings
arose.
(2.1) Any proceedings by way of summary conviction for an offence referred to in subsection 20(2.1) may be
instituted within two years after the time when the subject-matter of the proceedings becomes known to the
Minister.
Minister’s certificate
(2.2) A document purporting to have been issued by the Minister, certifying the day on which the subject-matter of
any proceedings became known to the Minister, is admissible in evidence without proof of the signature or official
character of the person appearing to have signed the document and is evidence of the matters asserted in it.
Venue
(3) A complaint or an information in respect of an offence under this Act may be heard, tried or determined by a
court if the accused is resident or carrying on business within the territorial jurisdiction of that court although the
matter of the complaint or information did not arise in that territorial jurisdiction.
22. (1) In any prosecution for an offence under this Act, evidence that a label applied to a product bore
identification purporting to identify the person by or for whom the product was manufactured or produced is, in
the absence of evidence to the contrary, proof that the person whose identification appeared in the label is the
person by or for whom the product was manufactured or produced and the person responsible for the information
and representations in the label.
(2) In any prosecution for an offence under this Act in relation to a product to which a label purporting to identify
the person by or for whom the product was manufactured or produced is not applied, evidence that a container of
the product bore identification purporting to identify the person by or for whom the product was manufactured or
produced is, in the absence of evidence to the contrary, proof that the person whose identification appeared on
the container is the person by or for whom the product was manufactured or produced and the person responsible
for the information and representations on the container.
23. (1) No person shall be convicted of an offence under this Act in relation to the sale, importation or advertising
of a product if the person establishes to the satisfaction of the court that the product in relation to which the
offence was committed was received by, or was in transit to, the person from a dealer before the coming into
force of the regulation that created the requirement with which the person has failed to comply.
(2) No person shall be convicted of an offence under this Act in relation to the advertising of a product if the
person establishes to the satisfaction of the court that the advertisement
before the coming into force of the regulation that created the requirement with which the person has failed to
comply.
RELATED PROVISIONS
• — 1997, c. 6, s. 44(2)
Transitional
(2) For greater certainty, the two year limitation period provided for in subsection 21(2.1) of the Act, as
amended by subsection (1), only applies in respect of offences committed after the coming into force of
that subsection.
C.R.C., c. 417
SHORT TITLE
1. These Regulations may be cited as the Consumer Packaging and Labelling Regulations.
INTERPRETATION
“Canadian unit” means a unit of measurement set out in Schedule II to the Weights and Measures Act; (unité
canadienne)
“declaration of net quantity” means the declaration of net quantity referred to in section 4 of the Act; (déclaration
de quantité nette)
“metric unit” means a unit of measurement set out in Schedule I to the Weights and Measures Act; (unité
métrique)
“ornamental container” means a container that, except on the bottom, does not have any promotional or
advertising material thereon, other than a trade mark or common name and that, because of any design appearing
on its surface or because of its shape or texture, appears to be a decorative ornament and is sold as a decorative
ornament in addition to being sold as the container of a product; (emballage décoratif)
(a) in the case of a container that has a side or surface that is displayed or visible under normal or customary
conditions of sale or use, the total area of such side or surface excluding the top, if any,
(b) in the case of a container that has a lid that is the part of the container displayed or visible under normal or
customary conditions of sale or use, the total area of the top surface of the lid,
(c) in the case of a container that does not have a particular side or surface that is displayed or visible under
normal or customary conditions of sale or use, any 40 per cent of the total surface area of the container, excluding
the top and bottom, if any, if such 40 per cent can be displayed or visible under normal or customary conditions of
sale or use,
(d) in the case of a container that is a bag with sides of equal dimensions, the total area of one of the sides,
(e) in the case of a container that is a bag with sides of more than one size, the total area of one of the largest
sides, and
(f) in the case of a container that is a wrapper or confining band that is so narrow in relation to the size of the
product contained that it cannot reasonably be said to have any side or surface that is displayed or visible under
normal or customary conditions of sale or use, the total area of one side of a ticket or tag attached to such
container. (principale surface exposée)
(a) in the case of a container that is mounted on a display card, that part of the label applied to all or part of the
principal display surface of the container or to all or part of the side of the display card that is displayed or visible
under normal or customary conditions of sale or use or to both such parts of the container and the display card,
(b) in the case of an ornamental container, that part of the label applied to all or part of the bottom of the
container or to all or part of the principal display surface or to all or part of a tag that is attached to the container,
and
(c) in the case of all other containers, that part of the label applied to all or part of the principal display surface.
(espace principal)
Section II
VEGETABLE PRODUCTS
Note.
1. In this Section the term "pellets" means products which have been agglomerated either directly by compression or by the
addition of a binder in a proportion not exceeding 3% by weight.
Chapter 8
Notes.
2. Chilled fruits and nuts are to be classified in the same headings as the corresponding fresh fruits and nuts.
3. Dried fruit or dried nuts of this Chapter may be partially rehydrated, or treated for the following purposes:
(a) For additional preservation or stabilization (for example, by moderate heat treatment, sulphuring, the addition of sorbic
acid or potassium sorbate),
(b) To improve or maintain their appearance (for example, by the addition of vegetable oil or small quantities of glucose
syrup), provided that they retain the character of dried fruit or dried nuts.
Supplementary Notes
1. The weight of the packages must be included in the weight of the goods for the purpose of calculating the customs duties on
the goods classified under heading 08.06, 08.08, 08.09 or 08.10.
2. For goods classified under tariff item No. 0812.10.90, customs duties must be assessed on the basis of drained weight.
3. For goods classified under tariff item No. 0811.10.10 or 0811.90.10, customs duties must be assessed on the basis of net
weight.
4. (a) The Solicitor General of Canada or the President of the Canada Border Services Agency may suspend a tariff item
referred to in Supplementary Note 4 (c) and bring into force one or more tariff items referred to in Supplementary Note 4
(b) in respect of goods imported through a customs office in a region or part of Canada specified in the order during that
period.
(b) Tariff items that may be brought into force: 0806.10.11 or 0808.20.21, 0809.10.19, 0809.30.21, 0809.40.21, 0809.40.31,
0810.10.91, 0810.10.92 or 0810.10.93, or 0810.20.11.
(c) Tariff items that may be suspended: 0806.10.91, 0809.21.19, 0809.10.99, 0809.20.29, 0809.29.29, 0809.30.29,
0809.40.29, 0809.40.39, 0810.10.99 or 0810.20.19.
(d) Under this Act, an order referred to in Supplementary Note 4 (a) might not apply to goods that were in transit at the time
the order was made.
08.01 Coconuts, Brazil nuts and cashew nuts, fresh or dried, whether or not
shelled or peeled.
-Coconuts:
0801.12.00 00 - -In the inner shell (endocarp) KGM Free CCCT, LDCT, GPT, UST,
MT, CT, CRT, IT, PT,
COLT, JT: Free
-Brazil nuts:
-Cashew nuts:
-Almonds:
-Walnuts:
-Pistachios:
-Macadamia nuts:
0802.70.00 00 -Kola nuts (Cola spp.) KGM Free CCCT, LDCT, GPT, UST,
MT, CT, CRT, IT, PT,
COLT, JT: Free
0804.50.00 -Guavas, mangoes and mangosteens Free CCCT, LDCT, GPT, UST,
MT, CT, CRT, IT, PT,
COLT, JT: Free
10 - - - - -Fresh ...................................................................................................... KGM
20 - - - - -Dried....................................................................................................... KGM
0805.20.00 -Mandarins (including tangerines and satsumas); clementines, wilkings Free CCCT, LDCT, GPT, UST,
and similar citrus hybrids MT, CT, CRT, IT, PT,
COLT, JT: Free
- - - - -Fresh:
11 - - - - - -Tangerines............................................................................................ KGM
19 - - - - - -Other .................................................................................................... KGM
20 - - - - -Dried ....................................................................................................... KGM
0805.50.00 -Lemons (Citrus limon, Citrus limonum) and limes (Citrus aurantifolia, Free CCCT, LDCT, GPT, UST,
Citrus latifolia) MT, CT, CRT, IT, PT,
COLT, JT: Free
- - - - -Fresh, certified organic:
11 - - - - - -Lemons ................................................................................................ KGM
12 - - - - - -Limes.................................................................................................... KGM
- - - - -Fresh, not certified organic:
21 - - - - - -Lemons ................................................................................................ KGM
22 - - - - - -Limes.................................................................................................... KGM
30 - - - - -Dried ....................................................................................................... KGM
0806.10 -Fresh
0806.10.11 00 - - - -Imported during such period specified by order of the Minister of Public KGM 1.41¢/kg CCCT, LDCT, UST, MT,
Safety and Emergency Preparedness or the President of the Canada CT, CRT, IT, PT, COLT,
Border Services Agency, not exceeding 15 weeks in any 12 month period JT: Free
ending 31st March
- - -Other:
0808.10 -Apples
0808.10.10 - - -In their natural state Free CCCT, LDCT, GPT, UST,
MT, CT, CRT, IT, PT,
COLT, JT: Free
- - - - -For processing:
11 - - - - - -Empire.................................................................................................. KGM
12 - - - - - -Golden Delicious.................................................................................. KGM
13 - - - - - -Granny Smith ....................................................................................... KGM
14 - - - - - -Ida Red ................................................................................................ KGM
15 - - - - - -McIntosh .............................................................................................. KGM
16 - - - - - -Red Delicious....................................................................................... KGM
17 - - - - - -Gala ..................................................................................................... KGM
19 - - - - - -Other .................................................................................................... KGM
- - - - -Certified organic:
81 - - - - - -Golden Delicious.................................................................................. KGM
82 - - - - - -Red Delicious....................................................................................... KGM
0808.30 -Pears
0808.30.10 00 - - -For processing KGM 2.12¢/kg but CCCT, LDCT, UST, MT,
not less than CT, CRT, IT, PT, COLT,
8% JT: Free
- - -Other:
0808.30.91 00 - - - -Imported during such period specified by order of the Minister of Public KGM 2.81¢/kg but AUT, NZT, CCCT, LDCT,
Safety and Emergency Preparedness or the President of the Canada not less than UST, MT, CT, CRT, IT,
Border Services Agency, not exceeding 24 weeks in any 12 month period 10.5% PT, COLT, JT: Free
ending 31st March
0809.10 -Apricots
0809.10.10 00 - - -For processing KGM 2.12¢/kg but CCCT, LDCT, UST, MT,
not less than CT, CRT, IT, PT, COLT,
8% JT: Free
GPT: 5%
- - -Other:
-Cherries:
0809.21.11 00 - - - -Imported during such period specified by order of the Minister of Public KGM 5.64¢/kg but CCCT, LDCT, UST, MT,
Safety and Emergency Preparedness or the President of the Canada not less than CT, CRT, IT, NT, PT,
Border Services Agency, not exceeding 10 weeks in any 12 month period 8% COLT, JT: Free
ending 31st March GPT: 5%
0809.29 - -Other
0809.29.10 00 - - -Sweet, for processing KGM 5.64¢/kg but CCCT, LDCT, UST, MT,
not less than CT, CRT, IT, NT, PT,
8% COLT, JT: Free
GPT: 5%
0809.29.21 00 - - - -Imported during such period specified by order of the Minister of Public KGM 5.62¢/kg but CCCT, LDCT, UST, MT,
Safety and Emergency Preparedness or the President of the Canada not less than CT, CRT, IT, NT, PT,
Border Services Agency, not exceeding 8 weeks in any 12 month period 8.5% COLT, JT: Free
ending 31st March GPT: 5%
0809.30.21 00 - - - -Imported during such period specified by order of the Minister of Public KGM 5.62¢/kg but CCCT, LDCT, UST, MT,
Safety and Emergency Preparedness or the President of the Canada not less than CT, CRT, IT, PT, COLT,
Border Services Agency, not exceeding 14 weeks in any 12 month period 10.5% JT: Free
ending 31st March GPT: 8%
0809.30.30 00 - - -Nectarines, in their natural state KGM Free CCCT, LDCT, GPT, UST,
MT, CT, CRT, IT, PT,
COLT, JT: Free
0809.40.10 00 - - -Prune plums, for processing KGM 1.06¢/kg but CCCT, LDCT, UST, MT,
not less than CT, CRT, IT, PT, COLT,
8% JT: Free
GPT: 5%
0809.40.21 00 - - - -Imported during such period specified by order of the Minister of Public KGM 2.81¢/kg but CCCT, LDCT, UST, MT,
Safety and Emergency Preparedness or the President of the Canada not less than CT, CRT, IT, PT, COLT,
Border Services Agency, not exceeding 12 weeks in any 12 month period 10.5% JT: Free
ending 31st March GPT: 6%
- - -Plums, other than prune plums, and sloes, in their natural state:
0809.40.31 00 - - - -Imported during such period specified by order of the Minister of Public KGM 3.75¢/kg but CCCT, LDCT, UST, MT,
Safety and Emergency Preparedness or the President of the Canada not less than CT, CRT, IT, PT, COLT,
Border Services Agency, not exceeding 12 weeks in any 12 month period 10.5% JT: Free
ending 31st March GPT: 6%
0810.10 -Strawberries
0810.10.10 00 - - -For processing KGM 5.62¢/kg but AUT, NZT, CCCT, LDCT,
not less than UST, MT, CT, CRT, IT,
8.5% NT, PT, COLT, JT: Free
- - -Other:
0810.10.91 00 - - - -Imported during such period specified by order of the Minister of Public KGM 5.62¢/kg but CCCT, LDCT, UST, MT,
Safety and Emergency Preparedness or the President of the Canada not less than CT, CRT, IT, NT, PT,
Border Services Agency, not exceeding 8 weeks in any 12 month period 8.5% COLT, JT: Free
ending 31st March
0810.20.11 00 - - - -Imported during such period specified by order of tthe Minister of Public KGM Free CCCT, LDCT, GPT, UST,
Safety and Emergency Preparedness or the President of the Canada MT, CIAT, CT, CRT, IT,
Border Services Agency, not exceeding 6 weeks in any 12 month period PT, COLT, JT: Free
ending 31st March
0810.30.00 00 -Black, white or red currants and gooseberries KGM Free CCCT, LDCT, GPT, UST,
MT, CIAT, CT, CRT, IT,
PT, COLT, JT: Free
0810.40.10 - - -In their natural state Free CCCT, LDCT, GPT, UST,
MT, CIAT, CT, CRT, IT,
NT, PT, COLT, JT: Free
- - - - -Cranberries:
11 - - - - - -Certified organic................................................................................... KGM
0811.10 -Strawberries
0811.10.10 00 - - -For processing KGM 5.62¢/kg but CCCT, LDCT, UST, MT,
not less than CT, CRT, IT, PT, COLT,
8.5% JT: Free
0811.20.00 -Raspberries, blackberries, mulberries, loganberries, black, white or red 6% CCCT, LDCT, UST, MT,
currants and gooseberries CT, CRT, IT, PT, COLT,
JT: Free
AUT: 3.5%
NZT: 3.5%
10 - - - - -Raspberries ............................................................................................ KGM
90 - - - - -Other ...................................................................................................... KGM
0811.90 -Other
08.12 Fruit and nuts, provisionally preserved (for example, by sulphur dioxide
gas, in brine, in sulphur water or in other preservative solutions), but
unsuitable in that state for immediate consumption.
0812.10 -Cherries
0812.10.10 00 - - -Pitted sweet cherries, with stems, provisionally preserved by sulphur KGM Free CCCT, LDCT, GPT, UST,
dioxide gas, for use in the manufacture of maraschino cherries with stems MT, CT, CRT, IT, PT,
COLT, JT: Free
0812.90 -Other
0812.90.10 - - -Akalas, akees, anchovy pears, apple-pears, avocados, bananas, bread Free CCCT, LDCT, GPT, UST,
fruit, carambolas, chayotes, cherimoyas (Jamaica apples), citrus fruit, MT, CT, CRT, IT, PT,
dates, durians, feijoas, figs, fu quas (balsam pears), genipes, guavas, COLT, JT: Free
imbus, jujubes, kiwi fruit, lady apples, litchis (lychees), loquats, magueys,
mammees (mammeas), mangoes, mangosteens, melons, papaws
(papayas), passion fruit, pawpaws, persimmons, pineapples, plantains,
plumcots, prickly pears, pomegranates, quinces, rangpurs, sapatas, star-
apples, tamarinds, tangelos and uglifruit
10 - - - - -Melons.................................................................................................... KGM
08.13 Fruit, dried, other than that of headings 08.01 to 08.06; mixtures of nuts
or dried fruits of this Chapter.
0813.50.00 -Mixtures of nuts or dried fruits of this Chapter Free CCCT, LDCT, GPT, UST,
MT, CT, CRT, IT, PT,
COLT, JT: Free
10 - - - - -Mixtures of nuts ...................................................................................... KGM
20 - - - - -Mixtures of dried fruits ............................................................................ KGM
30 - - - - -Mixtures of nuts and dried fruits ............................................................. KGM
0814.00.00 Peel of citrus fruit or melons (including watermelons), fresh, frozen, Free CCCT, LDCT, GPT, UST,
dried or provisionally preserved in brine, in sulphur water or in other MT, CT, CRT, IT, PT,
preservative solutions. COLT, JT: Free