E N F O R C E M E N T   AND   C O M P L I A N C E

Canadian Laws Relating to Oenological Practices

1. Food and Drugs Act

Section 4 of the Food and Drugs Act states the responsibility of the seller of the food:

4. No person shall sell an article of food that

(a) has in or on it any poisonous or harmful substance; 
(b) is unfit for human consumption; 
(c) consists in whole or in part of any filthy, putrid, disgusting, rotten, decomposed or diseased animal or vegetable substance; 
(d) is adulterated; or 
(e) was manufactured, prepared, preserved, packaged or stored under unsanitary conditions.

Section 5 of the Food and Drugs Act states that:

5. (1) No person shall label, package, treat, process, sell or advertise any food in a manner that is false, misleading or deceptive or is likely to create an erroneous impression regarding its character, value, quantity, composition, merit or safety.

Section 6 of the Food and Drugs Act states:

6. (1) Where a standard for a food has been prescribed, no person shall

(a) import into Canada, 
(b) send, convey or receive for conveyance from one province to another, or 
(c) have in possession for the purpose of sending or conveying from one province to another any article that is intended for sale and that is likely to be mistaken for that food unless the article complies with the prescribed standard.

Wine is a standardized product under the Food and Drug Regulations. The wine standard is described in section B.02.100 of Part B of the Regulations. Oenological practices approved for wine making in Canada are in this standard. An Interim Marketing Authorization (IMA) was issued recently to permit the use of 14 additional substances in wine or during wine making process. The IMA was published in the Canada Gazette, Part I, on January 26 , 2002 (pages 147-148).

Tables to Division 16 of Part B of the Food and Drug Regulations list the food additives allowed to be used in food sold in Canada, including wine. Division 16 specifies parameters related to the purpose of use, the maximum level of use and in some cases the permitted source (e.g. enzymes).

Additional oenological practices are in being considered by Health Canada under the food additive pre clearance requirement and related safety assessment as part of Canada's process of ratification of the NWWP MAA agreement on oenological practices. 

Laws and Regulations relating to Oenological Practices:

Food and Drugs Act and Regulations

TANC offers these agreements electronically as a public service for general reference. Every effort has been made to ensure that the text presented is complete and accurate. However, copies needed for legal purposes should be obtained from official archives maintained by the appropriate agency.