Note: The following comments make some references to requirements in Quebec. They are made for the convenience of LCBO suppliers. Any questions on Quebec labelling requirements should be directed to the SAQ as the LCBO is not an expert in this area.

Who is the dealer required?

The dealer is the company by or for which the product is made. The dealer can be:

• The company manufacturing the product (the address is the site of manufacture)
• The parent company of the manufacturer (the address is typically the head office – a country of origin declaration is required if this is not in the country of manufacture)
• The company contracting out production of the product (a country of origin declaration is required if production is in a different country from the contractor)
• The Canadian importer
• The Canadian company for which the product is imported

Whichever company is chosen, it must be legally responsible for the product in Canada and able to respond to consumer questions concerning the product.

Agents may be used as the dealer only in the context of the Canadian importer or company for which the product is imported.

Why is beer different?

Ontario provincial regulations require that beer sold in Ontario list the name and address of the brewery where it was made. It does not require that this information be prefaced with words, such as “brewed by”. It is acceptable to list parent companies and importers in addition to brewery information.

Obvious signs that this Ontario requirement is not met are a country of origin statement that does not agree with the dealer address or a dealer address prefaced by “produced for”.

What is the minimum address required?

An address must be complete enough for mailing purposes. The Canadian Food Inspection Agency periodically consults with Canada Post to determine the minimum amount of information required for delivery. Currently the minimum is city/town and country or the country and postal code. For Canadian and American products, the province/state also should be present but the country is optional.

What are the language requirements for dealer information?

Canadian regulations require that the dealer name and address be in either English or French. Using both languages is acceptable. If the name of the company is a foreign word, it does not require translation into English or French. It is also not logical to translate names of streets and cities. The name of the country must be in either English or French to satisfy the requirement.

Note that the province of Quebec enforces a provincial language law requiring that all information printed on a label in any language be translated into French of equal size. If a product is being sold in the Quebec market, in addition to Ontario, the name of the country should either be in French or in both languages.

Can I list the country in the address in a foreign language in addition to English and/or French?

Yes.

Does the dealer name and address of a manufacturer have to be prefaced by information such as “bottled by”?

There is no requirement to preface the name and address of the manufacturer in most cases. When prefacing words are used, they do not have to be in English or French. (Note that a French translation of any prefacing words is required if the label is being used for the Quebec market.)

Sometimes it is appropriate to give this information when multiple companies are involved (e.g. Packaged by ABC Company for DEF Company, city, country). It is also needed on some formats when wines are made from foreign grapes (e.g. Cellared by ABC Winery, Ontario, Canada from foreign and domestic grapes). This last statement type must be bilingual because it combines the dealer information with the country of origin declaration.

Can I use the bottler/packaging company as the dealer?

The dealer cited on the label must be legally responsible for the product. This is seldom true of the packaging company. We recommend using the manufacturer of the beverage or the Canadian agent as importer for the dealer. Note that there are excise requirements to identify a Canadian company that packages beverage alcohol on labels.

Can an agent be used as the importer?

Yes. If an importer name and address is used to fulfill Canadian requirements, it must either be prefaced with one of “imported by”, “imported for”, “importé par”, “importé pour” or have a country of origin declaration next to it. The font size of the declaration must be at least as big as the dealer information.

Why is it a problem to name the Canadian agent?

The problem usually arises when the agent is declared as the importer but no postal address is given.

If you wish to put agent information on the label without a postal address, preface the information with “Canadian agent”, “represented by” or similar words. “Imported by”, “imported for”, “importé par”, and “importé pour” all carry an obligation to state name and postal address. Note that agent representation does not satisfy Canadian labelling requirements for dealer name and address.

If agent name and address can lead a consumer to think that the product is made in Canada when it is imported, a country of origin declaration for the product must be made immediately next to the agent information.

Why is it a problem to list an importer outside of Canada?

It is not a problem if the importer statement is worded to specify the jurisdiction of the foreign importer. For example, “In USA imported by XYZ, city, state, USA” is acceptable. It is not acceptable to say “Imported by XYZ, city, state, USA” on a product for sale in Canada because this information is incorrect. Importers into Canada are Canadian companies by definition.

Note that a foreign importer, even if the jurisdiction is correctly stated, does not meet the requirement to list the dealer name and address in Canada.

Companies that contract their production to foreign companies can preface their company information with “produced for” or nothing at all if they wish instead of using an importer statement. Immediately next to their information, a country of origin declaration is required for the product. e.g. Produced for XYZ, city, state, USA. Product of Mexico / Produit de Mexique.

Can the LCBO be listed as the importer?

Although it is legal to use the LCBO as the importer (it is the importer of record), the LCBO is not prepared to respond to consumer inquiries on the product manufacture. The LCBO should not be used as the importer to satisfy federal labelling requirements for dealer information.

There is a web-site on the label. This is much easier for consumers to use to contact the manufacturer than a postal address. Why isn’t it acceptable to use instead of an address?

The Canadian legislation requiring dealer information on the label predates the internet so a postal address is still required. The LCBO is unaware of any federal intention to change the regulation at this time.

Is an internet address allowed to be on a label?

Yes, but the website becomes an extension of the label. The website must adhere to Canadian laws regarding claims and truth in advertising. It also becomes subject to Ontario advertising laws concerning beverage alcohol. Note that LCBO label reviewers do not routinely check websites during a label review so any label approvals given do not include the website.

What are the Canadian excise requirements for dealer information?

Foreign products: No requirements. This is dealt with as part of importation.

Products packaged in Canada by manufacturer: The manufacturer name and address covers both excise and dealer information requirements.

Products packaged in Canada by contracted company: Require name of packaging company accompanied either by address or excise number. The excise number option will avoid contacts with consumers that should go to the manufacturer. The manufacturer or contracting company name and address is still required.

Canadian product packaged outside Canada: Give the names and addresses for both companies, identifying which one is the manufacturer and which is the packager.

Note that the LCBO label examination service does not check for compliance with excise requirements. This is the responsibility of Canadian companies.