Safe Food for Canadians Act (S.C. 2012, c. 24)

Short Title

Marginal note:Short title

1 This Act may be cited as the Safe Food for Canadians Act.

Interpretation

Marginal note:Definitions

2 The following definitions apply in this Act.

advertisement

advertisement includes a representation by any means for the purpose of promoting directly or indirectly the sale of a food commodity. (publicité)

Agency

Agency means the Canadian Food Inspection Agency established by section 3 of the Canadian Food Inspection Agency Act. (Agence)

analyst

analyst means a person designated as an analyst under subsection 13(3) of the Canadian Food Inspection Agency Act for the purposes of this Act. (analyste)

conveyance

conveyance means a vessel, aircraft, train, motor vehicle, trailer or other means of transportation, including a cargo container. (véhicule)

document

document means anything on which information that is capable of being understood by a person, or read by a computer or other device, is recorded or marked. (document)

establishment

establishment means any place, including a conveyance, where a food commodity is manufactured, prepared, stored, packaged or labelled. (établissement)

food commodity

food commodity means

• (a) any food as defined in section 2 of the Food and Drugs Act;

• (b) any animal or plant, or any of its parts, from which food referred to in paragraph (a) may be derived; or

• (c) anything prescribed to be a food commodity. (produit alimentaire)

grade name

grade name means a prescribed name, mark or designation of a food commodity. (nom de catégorie)

inspection mark

inspection mark means a prescribed mark, stamp, seal, product legend, word or design or any combination of those things. (sceau d’inspection)

inspector

inspector means a person designated under subsection 13(3) of the Canadian Food Inspection Agency Act or paragraph 9(2)(b) of the Canada Border Services Agency Act as an inspector for the purposes of this Act. (inspecteur)

item to which this Act applies

item to which this Act applies means

• (a) a food commodity;

• (b) anything used in an activity regulated under this Act; and

• (c) a document that is related to a food commodity or to any activity regulated under this Act. (chose visée par la présente loi)

label

label includes a legend, word or mark that is or is to be applied or attached to or included in, or that accompanies or is to accompany, a food commodity or a package. (étiquette)

Minister

Minister means the Minister of Agriculture and Agri-Food. (ministre)

package

package means an inner or outer receptacle or covering used or to be used in connection with a food commodity and includes a wrapper or confining band. (emballage)

person

person has the same meaning as in section 2 of the Criminal Code. (personne)

personal information

personal information has the same meaning as in section 3 of the Privacy Act. (renseignements personnels)

prepare

prepare, in respect of a food commodity, includes to process, treat, preserve, handle, test, grade, code or slaughter it or to do any other activity in respect of it that is prescribed. (conditionnement)

prescribed

prescribed means prescribed by the regulations. (Version anglaise seulement)

sell

sell includes agree to sell, offer for sale, expose for sale or have in possession for sale — or distribute to one or more persons whether or not the distribution is made for consideration. (vente)

Tribunal

Tribunal means the Review Tribunal continued by subsection 27(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act. (Commission)

violation

violation means any of the following that may be proceeded with in accordance with the Agriculture and Agri-Food Administrative Monetary Penalties Act:

• (a) any contravention of any provision of this Act or of a regulation made under this Act; and

• (b) any refusal or neglect to perform any duty imposed by or under this Act. (violation)

Her Majesty

Marginal note:Act binding on Her Majesty

3 This Act is binding on Her Majesty in right of Canada or a province.

Prohibitions

Marginal note:Importing

4 It is prohibited for a person to import a food commodity the selling of which is prohibited under section 4 of the Food and Drugs Act.

Marginal note:Recall order — Canadian Food Inspection Agency Act

5 It is prohibited for a person to sell a food commodity that is the subject of a recall order referred to in subsection 19(1) of the Canadian Food Inspection Agency Act.

Marginal note:Deception, erroneous impression, etc.

• 6 (1) It is prohibited for a person to manufacture, prepare, package, label, sell, import or advertise a food commodity in a manner that is false, misleading or deceptive or is likely to create an erroneous impression regarding its character, quality, value, quantity, composition, merit, safety or origin or the method of its manufacture or preparation.

• Marginal note:Labelled or packaged contrary to regulations

  (2) A food commodity that is labelled or packaged in contravention of a provision of the regulations is considered, for the purposes of this section, to be labelled or packaged in contravention of subsection (1).

• Marginal note:Advertised contrary to regulations

  (3) A food commodity that is advertised in contravention of a provision of the regulations is considered, for the purposes of this section, to be advertised in contravention of subsection (1).

Marginal note:Tampering

7 It is prohibited for a person to tamper with any food commodity, its label or its package with intent to

• (a) render the food commodity injurious to human health; or

• (b) cause a reasonable apprehension in others that the food commodity is injurious to human health.

Marginal note:Threats

8 It is prohibited for a person to threaten to render a food commodity injurious to human health.

Marginal note:Communicating false or misleading information

9 It is prohibited for a person to communicate information, knowing that information to be false or misleading or being reckless as to whether it is false or misleading, with intent to cause a reasonable apprehension in others that a food commodity was tampered with in order to render it injurious to human health.

Marginal note:Sending, conveying, importing or exporting in accordance with regulations

• 10 (1) It is prohibited for a person to send or convey from one province to another — or to import or export — a prescribed food commodity unless the person does so in accordance with the regulations.

• Marginal note:Sending, conveying, importing or exporting with licence or registration

  (2) It is prohibited for a person to send or convey from one province to another — or to import or export — a prescribed food commodity unless the person is authorized to do so by a registration made under paragraph 20(1)(a), by a licence issued under that paragraph or by both such a registration and licence, as provided for in the regulations.

• Marginal note:Sending, conveying, importing or exporting of commodity that meets requirements of regulations

  (3) It is prohibited for a person to send or convey from one province to another — or to import or export — a prescribed food commodity unless the food commodity meets the requirements of the regulations.

Marginal note:Selling, advertising or possessing

11 It is prohibited for a person to sell, advertise or have in their possession a food commodity that has been sent or conveyed from one province to another, or imported, in contravention of any provision of this Act or the regulations.

Marginal note:Possession of commodity that meets requirements of regulations

12 It is prohibited for a person to have in their possession for the purpose of sending or conveying from one province to another — or for the purpose of exporting — a prescribed food commodity, unless it meets the requirements of the regulations.

Marginal note:Conduct of prescribed activity in accordance with the regulations

• 13 (1) It is prohibited for a person to conduct a prescribed activity in respect of a prescribed food commodity that has been imported — or that is to be exported or to be sent or conveyed from one province to another — unless the activity is conducted in accordance with the regulations.

• Marginal note:Conduct of prescribed activity with licence or registration

  (2) It is prohibited for a person to conduct a prescribed activity in respect of a prescribed food commodity that has been imported — or that is to be exported or to be sent or conveyed from one province to another — unless the person is authorized to conduct that activity by a registration made under paragraph 20(1)(b), a licence issued under that paragraph or by both such a registration and licence, as provided for in the regulations.

Marginal note:Use of inspection mark or grade name

• 14 (1) Unless authorized by the regulations, it is prohibited for a person to

  • (a) apply or use an inspection mark or grade name; or

  • (b) advertise or sell anything if the thing has an inspection mark or grade name on it, or an inspection mark or grade name is used in connection with the thing.

• Marginal note:Use of similar mark or name

  (2) It is prohibited for a person to

  • (a) apply or use a thing that so resembles an inspection mark or grade name that it is likely to be mistaken for it; or

  • (b) advertise or sell anything that has on it a thing referred to in paragraph (a) or that has a thing referred to in that paragraph used in connection with it.

• Marginal note:Presumption

  (3) A person found in possession of anything referred to in paragraph (1)(b) or (2)(b) is considered, in the absence of evidence to the contrary, to be in possession of it for the purpose of advertising or selling.

Marginal note:False or misleading information

15 It is prohibited for a person to make a false or misleading statement to any person who is exercising powers or performing duties or functions under this Act — or to provide him or her with false or misleading information — in connection with any matter under any provision of this Act or the regulations, including in respect of an application for a licence or registration.

Marginal note:Obstruction

16 It is prohibited for a person to obstruct or hinder a person who is exercising powers or performing duties or functions under this Act.

Marginal note:Falsifying or altering, etc., required documents

• 17 (1) It is prohibited for a person to alter, destroy or falsify a document that they are required under this Act to keep, maintain or provide.

• Marginal note:Altering, possessing, etc., official documents

  (2) It is prohibited for a person to

  • (a) alter a document issued or made — or in any manner given — under this Act; or

  • (b) have in their possession, or use, a document issued or made — or in any manner given — under this Act that has been altered.

Marginal note:Possessing or using documents that resemble official documents

18 It is prohibited for a person to have in their possession, or use, any document that has not been issued or made — or in any manner given — under this Act if the document so resembles a document issued or made — or in any manner given — under this Act that it is likely to be mistaken for such a document.

Marginal note:Personal use

19 Subject to the regulations, a provision of this Act or the regulations that prohibits an activity — or that requires the doing of an activity — does not apply to a person who is carrying out the activity solely for personal use.

Registrations and Licences

Marginal note:Persons

• 20 (1) The Minister may, on application,

  • (a) register a person, or issue a licence to a person, authorizing them to send or convey from one province to another, or to import or export, a prescribed food commodity, or both register a person and issue them a licence; and

  • (b) register a person, or issue a licence to a person, authorizing them to conduct a prescribed activity in respect of a prescribed food commodity that has been imported or that is to be exported or to be sent or conveyed from one province to another, or both register a person and issue them a licence.

• Marginal note:Conditions — regulations

  (2) The registration and the licence are subject to the prescribed conditions.

• Marginal note:Conditions — Minister

  (3) The Minister may make a registration or licence subject to any additional conditions that the Minister considers appropriate.

• Marginal note:Obligation to comply

  (4) The holder of the registration or licence must comply with all the conditions to which the registration or licence is subject.

• Marginal note:No transfer

  (5) The registration or licence is not transferable.

Marginal note:Establishments

• 21 (1) The Minister may, on application, register an establishment as one where

  • (a) an imported prescribed food commodity is to be sent or conveyed, in its imported condition, for the purposes of the exercise of an inspector’s powers under this Act in respect of that food commodity; or

  • (b) a prescribed activity in respect of a prescribed food commodity that has been imported or is to be exported or to be sent or conveyed from one province to another may be exercised.

• Marginal note:Holder

  (2) The applicant in respect of an establishment is the holder of the registration.

• Marginal note:Conditions — regulations

  (3) The registration is subject to the prescribed conditions.

• Marginal note:Conditions — Minister

  (4) The Minister may make a registration subject to any additional conditions that the Minister considers appropriate.

• Marginal note:Obligation to comply

  (5) The holder of the registration must comply with all the conditions to which the registration is subject.

• Marginal note:No transfer

  (6) The registration is not transferable.

• Marginal note:Application of Act

  (7) If an establishment is registered, it and all food commodities in it are subject to this Act.