<<SR_PageTitle>>

Under section 2 of the Natural Products Grades Act, the Lieutenant-Governor in Council makes the following Regulation:

1This Regulation may be cited as the New Brunswick Sweet Apple Cider Regulation - Natural Products Grades Act.

2In this Regulation

“Act” means the Natural Products Grades Act;

“apples” means apples of any variety;

“Class II preservative” means

(a) benzoic acid including salts thereof,

(b) methyl - p - hydroxybenzoate and propyl - p - hydroxybenzoate including salts thereof, and

(c) sulphurous acid including salts thereof;

“consumer” means a person who buys sweet apple cider or sweet apple cider from concentrate for use by himself or his household and not for resale;

“Department” means the Department of Agriculture and Aquaculture;

“Director” means the Director, Market Organization and Inspection Branch of the Department;

“lot” means that quantity of sweet apple cider or sweet apple cider from concentrate that for any reason is considered separately from other quantities of the above products for the purposes of an inspection;

“marketer” means a person who markets sweet apple cider or sweet apple cider from concentrate to a retail store, hotel, restaurant or any establishment engaged in serving meals; or anyone engaged in marketing by way of a roadside stand, U-pick orchard, farmer’s market or door-to-door sales, and who purchases such cider either within or from outside New Brunswick, but does not include a retailer;

“marketing” means buying, selling or offering for sale and includes packaging, packing, storing, shipping and transporting in any manner by any person and “markets” and “marketed” have corresponding meanings;

“retailer” means a person who markets sweet apple cider or sweet apple cider from concentrate through a retail store but does not include a person who sells such products directly to a consumer from a roadside stand, U-pick orchard, farmer’s market or door-to-door sales;

“sweet apple cider” means the unfermented liquid obtained from the first pressing of properly prepared sound, clean, mature, fresh apples or apple parts;

“sweet apple cider from concentrate” means the product prepared by the addition of water to concentrated sweet apple cider.

2000, c.26, s.221; 2007, c.10, s.64

STANDARDS, MARKING AND PACKAGING

3(1)Sweet apple cider

(a) shall be the unfermented liquid obtained from the first pressing of properly prepared, sound, clean, mature, fresh apples or apple parts;

(b) shall be prepared without any concentration or dilution;

(c) shall have no sugar or other sweetening agent added;

(d) shall contain not less than ten per cent soluble solids;

(e) may contain not more than one of the following:

(i) malic acid; or

(ii) a Class II preservative;

(f) may be prepared with the addition of ascorbic acid in order to increase the Vitamin C content;

(g) shall, if labelled “Vitaminized” or “Vitamin C added”, contain not less than thirty-five milligrams of biologically active ascorbic acid per one hundred millilitres determined by the indophenol method at any time within twelve months of the date of packing;

(h) may be prepared and labelled in one of the following styles:

(i) “clear” or “clarified”; or

(ii) “unclarified” or “opalescent”;

(i) shall, if claimed “clarified”, be clear; and

(j) shall be free from objectionable flavours or odours.

3(2)Sweet apple cider from concentrate

(a) shall be the product prepared by the addition of water to concentrated sweet apple cider;

(b) shall contain not less than ten per cent soluble solids;

(c) shall have no sugar or other sweetening agent added;

(d) shall contain not more than one of the following:

(i) citric or malic acid; or

(ii) a Class II preservative;

(e) may be prepared with the addition of ascorbic acid in order to increase the Vitamin C content;

(f) shall, if labelled “Vitaminized” or “Vitamin C added”, contain not less than thirty-five milligrams of biologically active ascorbic acid per one hundred millilitres determined by the indophenol method at any time within twelve months of the date of packing;

(g) shall be labelled in the style of “clear” or “clarified”; and

(h) shall be free from objectionable flavours and odours.

3(3)Containers of sweet apple cider or sweet apple cider from concentrate being marketed in New Brunswick shall be labelled and shall have printed on the label the quantity or weight of the contents and the name and address of the marketer who supplied the product.

3(4)Sweet apple cider or sweet apple cider from concentrate that has been transported into New Brunswick or repackaged for sale in New Brunswick shall be marked to indicate the country or province of origin, using the words “Product of” followed by the name of the country or province.

3(5)All marks required under subsections (1) to (4) shall be readily discernible, of a permanent nature and of a size reasonable in proportion to the size of the container or label, but shall not be less than three and two-tenths millimetres in height on labels.

3(6)Where the declaration of the volume, weight or quantity on the label is in terms of metric units and Canadian units, those units shall be grouped together.

REGISTRATION OF MARKETERS

4No marketer shall engage in the marketing of sweet apple cider or sweet apple cider from concentrate unless he has registered with the Director on the form provided for this purpose and has provided such information as the Director may require regarding the marketing of sweet apple cider or sweet apple cider from concentrate.

MARKETING

5No person shall engage in the marketing of sweet apple cider or sweet apple cider from concentrate unless it meets the standards of composition and has been marked in the manner prescribed by section 3.

INSPECTION AND DETENTION

6(1)Pursuant to section 4 of the Act, an inspector may seize and detain containers of sweet apple cider or sweet apple cider from concentrate at any place at the risk and expense of the marketer thereof if the product fails to meet the standards of composition as prescribed by section 3 by attaching a detention tag, provided by the Minister, to a prominent place on the lot of cider being placed under detention.

6(2)Within twenty-four hours of attaching the detention tag referred to in subsection (1), the inspector shall deliver or mail to the marketer and the person in possession of the detained product a duly completed Notice of Detention provided by the Minister.

6(3)A Notice referred to in subsection (2) shall be deemed to have been given when it is delivered or mailed to the address of the marketer on file with the Director and a Notice that is mailed shall be deemed to have been given three days after being deposited in a post office or public letterbox.

6(4)No person shall alter, deface or remove the detention tag referred to in subsection (1) and no person shall move, sell or otherwise dispose of any sweet apple cider or sweet apple cider from concentrate so detained until authorized by an inspector.

6(5)When an inspector is satisfied that the sweet apple cider and sweet apple cider from concentrate held in detention complies with this Regulation, he shall complete a Notice of Release provided by the Minister.

6(6)The inspector shall deliver or mail one copy of the Notice of Release to each of the persons to whom he sent a copy of the Notice of Detention referred to in subsection (2).

6(7)Where the inspector is satisfied that the product will not comply with the provisions of this Regulation, within three weeks following the date of the detention, the inspector shall dispose of the product or may order the product to be disposed of in accordance with his directions and any cost incurred shall be charged to the marketer or any other person upon whom a Notice of Detention has been served.

7Regulation 81-200 under the Natural Products Grades Act is repealed.

N.B. This Regulation is consolidated to March 2, 2007.

84-186 - New Brunswick Sweet Apple Cider

Copy to Clipboard