§ 199

(1) For the purposes of subsection 6(1) of the Act, labelling a food in a manner that is false, misleading or deceptive or is likely to create an erroneous impression includes labelling a food with (a) any representation in which expressions, words, figures, depictions or symbols are used, arranged or shown in a manner that may reasonably be considered to qualify the declared net quantity of a consumer prepackaged food or that is likely to deceive with respect to the net quantity of a consumer prepackaged food; or (b) any expression, word, number, depiction or symbol that may reasonably be considered to imply that a prepackaged food contains any matter that it does not in fact contain or that it does not contain any matter that it does in fact contain.

(2) For the purposes of subsection 6(1) of the Act, selling, importing or advertising a food in a manner that is false, misleading or deceptive or is likely to create an erroneous impression includes selling, importing or advertising (a) a consumer prepackaged food that is labelled in the manner set out in paragraph (1)(a); or (b) a prepackaged food that is labelled in the manner set out in paragraph (1)(b).

(3) For the purposes of subsection 6(1) of the Act, labelling a consumer prepackaged food with a declaration of net quantity does not constitute labelling a food in a manner that is false, misleading or deceptive if (a) the declaration meets any requirements under the Act; and (b) the actual net quantity of the food is, subject to the tolerance provided under subsection (5), not less than its declared net quantity.

(4) For the purposes of subsection 6(1) of the Act, selling, importing or advertising a consumer prepackaged food that is labelled with a declaration of net quantity does not constitute selling, importing or advertising a food in a manner that is false, misleading or deceptive if the conditions set out in paragraphs (3)(a) and (b) are met.

(5) For the purposes of paragraph (3)(b), the tolerance for a declared net quantity that is set out in column 1 of the applicable table in Schedule 4 is the tolerance that is set out in column 2 or 3 for that net quantity.