Marine and Fresh Water Products

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When cooked or semi-cooked mussels are sold with the shell, does the net quantity declared on the package include the weight of the shell?

The net quantity declaration of a package of cooked mussels in the shell may include the weight of the shell, however, when the shell is included in the product, the net quantity must not be modified by the term "net weight". It would be acceptable to use the term "weight" alone or simply declare the weight without any modifier.

When the shell is included with the product, must the common name of the product indicate the presence of the shells?

Yes, the common name must indicate the presence of the shells. [Fish Inspection Act, 2; Fish Inspection Regulations, 2, 26 (1); Consumer Packaging and Labelling Act, 4(1), Consumer Packaging and Labelling Regulations, 21, 22(2)]

Are marine plants or edible algae such as "marsh samphire (family: chenopodiaceae) ", "crest marine (family: apiaceae)" and "sea spaghetti (Himanthalia elongata)" considered to be vegetables as per the Processed Products Regulations or do we consider them to be "non vegetable products"? The Canadian Food Inspection Agency has received several label reviews for these canned marine plants, whether simply canned or as "pickles".

Under the existing regulatory framework, authority exists for the Canadian Food Inspection Agency to regulate these products under the Fish Inspection Act, as well as under the Processed Products Regulations. However, while authority exists, neither of these regulatory instruments have developed specific regulations regarding marine plants at this time.

These marine plants are therefore currently subject to the Food and Drugs Act and Regulations and the Consumer Packaging and Labelling Act and Regulations. If specific regulations are developed under the Fish Inspection Act or the Processed Products Regulations, these would take precedence over the Food and Drugs Act and Regulations, in that order, in the case of any inconsistencies.

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