Modernization of Regulation 378 – Grades – Fruit and Vegetables

Regulation Number(s):
Regulation 378 – Grades – Fruits and Vegetables
Instrument Type:
Bill or Act:
Farm Products Grades and Sales Act
Summary of Decision:
Regulation 119/11 was established under the Food Safety and Quality Act, 2001 to modernize regulatory requirements and replace the grade regulation for fruit and vegetables made under the Farm Products Grades and Sales Act. The new regulation simplifies labelling requirements, maintains prohibitions against misrepresentation, eliminates grade and container standards for all fresh market commodities except potatoes, eliminates grade standards for fruit and vegetables destined for processing, eliminates labelling requirements for processed products and clarifies the food safety provisions in the regulation as well as clarifying that it applies only to fresh produce, including nuts and edible fungi. The regulation is effective July 1, 2011.

Grade, container and marketing requirements for potato growers and packers will remain in effect until July 1, 2016 to allow time for the industry to adjust.
Further Information:
Proposal Number:
Posting Date:
June 22, 2010
Summary of Proposal:
The Ministry is seeking feedback on its proposal to modernize and replace Regulation 378 – Grades – Fruits and Vegetables, which is established under the Farm Products Grades and Sales Act.

The Ontario government’s Open for Business strategy is an ongoing plan to make government faster and friendlier for businesses. One part of the strategy is the government’s commitment to reducing the amount of regulation in Ontario by 25 per cent. The proposed regulation would allow the ministry to focus on food safety and economic fraud protection while eliminating the regulatory burdens related to grade, packing and packaging standards. This would remove existing barriers to allow Ontario’s fruit and vegetable packers to be more responsive to customer demands for new products.

The Ministry is proposing to establish a new regulation under the Food Safety and Quality Act, 2001 to replace the existing Grade regulation for fruit and vegetables. The proposed regulation would clarify the food safety standards that apply to fruit and vegetables, retain the economic fraud measures in the existing regulations and harmonize the labelling standards with federal requirements where appropriate.

The Ministry is seeking feedback on its proposal to eliminate:
• the grade, packing and packaging standards for fresh produce, and
• the grade standards for produce destined for processing.

The Ministry is also seeking feedback on whether to continue to require declaration of the variety name for apples and pears and the declaration for the variety name for “Yukon Gold” variety potatoes.
Contact Address:
Wayne Patterson
Legislative & Regulatory Food Safety Policy Analyst
Food Safety and Environmental Policy Branch
1 Stone Rd W, 2nd Floor SW, Guelph ON N1G4Y2
Phone: 519-826-4599
Fax: 519-826-3492
Royal Assent Date:
July 1, 2011