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Decisions: Name and Address

Name and Address - Numerical Code as an Address

Question: Is it acceptable to use a numerical code to express the address of the person taking responsibility for the product?

Answer: No, a numerical code is not an acceptable means of expressing the address of the person taking responsibility for the product. For example, a French postal code in the example "P. Bureaux & Fils, Négociants à 12345 (France)" does not meet the requirements for the "identity and principal place of business" under section 10 (b) (i) of the Consumer Packaging and Labelling Act or section B.01.007 (1.1)(a) of the Food and Drug Regulations. A street or mailing address, such as a post office box, and/or a locality such as a city, town or village must replace "12345" in the example.

Name and Address - Obsolete name and Address

Question: When a legal agent purchases a business, is the new administrator allowed to use up all of the old labels bearing an obsolete name and address?

Answer: The company name declared on labels denotes responsibility and liability for a product. The principal place of business (address) declaration provides the location where a company can be contacted if there are problems. Taking these principles into consideration in the following situations, one of the following actions may be considered:

1. Company Changes Address

(A) Company and City Remain Same - Postal Code Changes
In general, there is no objection to a company taking some time to get new labels when it moves within a city if its company name remains the same but the postal code changes, provided the company is listed in the current telephone book under the same name as the one declared on the label. This would make the company easily traceable.

(B) Company Remains The Same - City and Postal Code Change
In general, we would not object to a company using labels with an obsolete address for the time period covered by the company's mail-forwarding instructions at the post office.

(C) Company Sold

( i ) In general, when Company A is sold to Company B, we would not object to Company B using
      Company A's old labels with Company A's valid address provided there is a signed letter of
      agreement between Company A and Company B to the effect that:

(I)  Company A agrees to let Company B use its old labels and
(II) Company B will take responsibility for a specified period of time for all products packed
      under Company A's old labels.
( ii ) When Company A is sold to Company B and becomes a subsidiary of Company B, no label
        change is needed provided the subsidiary continues to use Company A's original name, the
        subsidiary continues to do business at Company A's old address and the
        subsidiary uses Company A's brand name.
( iii ) When Company A sells a brand name (not its company) to Company B, and Company B does
         business under Company B's name and address, new labels are required.

2. Company in Process of Going Out-of-Business
When a company is in the process of going out-of-business, we do not, in general, object to the use of existing labels during the transition period when the company's business is winding-down. In the Processed Products Regulations re-write, it is proposed that the plant registration be transferred to the receivers for the time period required to wind-down a company's business.

3. Company Gone Out-of-Business
When a company has gone out-of-business, the company's old labels are not acceptable for use by any company.

4. Existing Products Already Sold To Distributors With Old Labels
In general, we do not object to the labels that are on products which have already been sold to distributors provided the information on them was true when the products were packed.