Visible, Identifiable, Easily Counted Products: Glossary

Consumer Packaging and Labelling

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Container

The term Container refers to a receptacle, package, wrapper, or confining band in which a product is offered for sale. The term does not include package liners or shipping containers or any outer wrapping or box that is not customarily displayed to the consumer.

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Dealer Address

Fair Business Practices Branch will interpret the dealer identity and principal place of business to consist of a dealer name, city and postal code.

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Import Requirements On Dealer Identification

Where a prepackaged product is wholly manufactured or produced in a country other than Canada, the application of any one of the following formats will satisfy the requirements of the Regulations:

• The name and address of a Canadian dealer preceded by the words "imported by/importé par" or "imported for/importé pour"; or
• The statement of geographic origin located immediately adjacent to the name and address of a Canadian dealer; or
• The name and address of the dealer outside Canada.

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Location Of Product Identity And Net Quantity Declarations

Where there are one or more surfaces that are of equal size and prominence as the principal display panel, the product identity and net quantity declarations can be shown in one of the official languages on one of the surfaces, provided that the same information is shown in the other official language on one of the other surfaces.

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"Made In Canada" Products

The following policy has been adopted by Industry Canada as a guide to evaluate label declarations which refer to Canada as the country of origin.

There are two facets to the department's analysis of whether a product is "made in Canada".

• First, it must be determined whether the product "came into being" in Canada. A product can be said to be made in Canada if the last substantial production operation was performed in Canada, resulting in a new and identifiable final product. In other words, the important and significant stage of manufacturing and production that transformed the product into its final form has to have occurred in Canada. Thus the product need not have "evolved" in Canada from scratch.
• Second, an assessment must be made as to the amount of Canadian direct labour and/or material that went into the various components of the final product. It is likely that the Department would not take exception to the labelling of a product as being of Canadian origin if it could be demonstrated that such a product came into being in Canada with a Canadian direct labour and/or material content of at least 51%.

Note that any implicit declarations of domestic origin of products such as "Shop Canadian", "Proudly Canadian", "Think Canadian", the Canadian flag symbol, or the maple leaf symbol which appear on labels will be interpreted by the department as giving the same general impression to the public as explicit statements such as "Made in Canada" and "Product of Canada".

In instances where it is clear that a declaration other than a reference to Canada as to the country of origin would more clearly and accurately reflect the circumstances surrounding a product's evolution, then such other statement shall be strongly recommended by the department. For example, "Assembled in Canada", "Distilled in Canada", "Printed in Canada", "Processed in Canada", "Sewn in Canada", etc.

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Minimum Type Height Requirements For Product Identity Declaration

The type height must be a minimum of 1.6 mm (1/16 inch) where upper case letters only are used or as measured in relation to the lower case 'o' if upper and lower case or only lower case letters are used.

In certain cases where the container has a principal display surface of 10 square centimetres (1.55 square inches) or less, the minimum type height may be reduced to 0.8 mm (1/32 inch).

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Ornamental Container

An Ornamental Container is a container which, because of a design on its surface or because of its shape or texture, appears to be a decorative ornament and is being sold as such, as well as being sold as a container for the product.

Note that a label for an Ornamental Container may be applied to the bottom of the container or on to a tag attached to the container.

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Principal Display Panel

The Principal Display Panel refers to that part of the label which occupies the principal display surface. The specific definition of the Principal Display Panel depends on the type of container being labelled:

• If a container is mounted on a display card, the Principal Display Panel means:
  1. The part of the label that is applied to all or part of the container's principal display surface; or
  2. The part of the label that is applied to the side of the display card which is normally visible; or
  3. Both of the above.
• If the container is an ornamental container, the Principal Display Panel means:
  1. The part of the label that is applied to all or part of the bottom of the container; or
  2. The part of the label that is applied to all or part of the principal display surface; or
  3. All or part of the tag that is attached to the container.
• For all other containers, the Principal Display Panel means that part of the label that is applied to all or part of the principal display surface.

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Principal Display Surface

The definition of the Principal Display Surface depends on the type of container being labelled.

• If a container has a side or a surface that is displayed or visible under normal or customary conditions of sale or use, the term means the total area of such side or surface excluding the top, if any.
• If a container has a lid that is part of the container displayed or visible under normal or customary conditions of sale or use, the term means the total area of the top surface of the lid.
• If a container does not have a particular side or surface that is displayed or visible under normal or customary conditions of sale or use, the term means any 40% of the total surface area of the container, excluding the top and bottom, if any, if such 40% can be displayed or visible under normal or customary conditions of sale or use.
• If the container is a bag with sides of equal dimensions, the term means the total area of one of the sides.
• If the container is a bag with unequal sides, the term means the total area of one of the largest sides.
• If the container is a wrapper or confining band that is so narrow that it can't reasonably be said to have any side or surface which is displayed or visible under normal or customary conditions of sale or use, then the term means the total area of one side of a ticket or tag attached to such a container.

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