Version of document from 2019-04-09 to 2019-05-12:
Agriculture and Agri-Food Administrative Monetary Penalties Regulations
SOR/2000-187
AGRICULTURE AND AGRI-FOOD ADMINISTRATIVE MONETARY PENALTIES ACT
Registration 2000-05-04
Agriculture and Agri-Food Administrative Monetary Penalties Regulations
The Minister of Agriculture and Agri-Food, pursuant to subsection 4(1) of the Agriculture and Agri-Food Administrative Monetary Penalties ActFootnote a, hereby makes the annexed Agriculture and Agri-Food Administrative Monetary Penalties Regulations.
Return to footnote aS.C. 1995, c. 40
May 3, 2000
LYLE VANCLIEF
Minister of Agriculture and Agri-Food
Interpretation
1 The following definitions apply in these Regulations.
- Act
Act means the Agriculture and Agri-Food Administrative Monetary Penalties Act. (Loi)
- import reference document
import reference document has the same meaning as in section 10 of the Health of Animals Regulations. (document de référence)
- SOR/2003-256, s. 1
- SOR/2016-226, s. 1
Violations
2 The following are designated as violations that may be proceeded with in accordance with the Act, namely
(a) the contravention of a provision of the Health of Animals Act, the Plant Protection Act or the Safe Food for Canadians Act, or of a regulation made under one of those Acts, that is set out in column 1 of any Division of any Part of Schedule 1;
(b) the contravention of an order made by the Minister under a provision of the Plant Protection Act that is set out in column 1 of Division 1 of Part 2 of Schedule 1; and
(c) the refusal or neglect to perform any duty imposed by or under a provision of the Health of Animals Act, the Plant Protection Act or the Safe Food for Canadians Act, or of a regulation made under one of those Acts, that is set out in column 1 of any Division of any Part of Schedule 1.
- SOR/2014-296, s. 1
- SOR/2016-226, s. 2
- SOR/2019-94, s. 1
Short-form Descriptions
3 The short-form descriptions that are set out in column 2 of Schedule 1 are established to be used in notices of violations in respect of violations of the corresponding provisions that are set out in column 1 of Schedule 1.
- SOR/2005-190, s. 1
Classification
4 The classification of a violation as a minor, serious or very serious violation of a provision set out in column 1 of an item of Schedule 1 is as set out in column 3 of that item.
Penalties
5 (1) The amount of the penalty in respect of a violation that is committed by an individual otherwise than in the course of a business and that is not committed to obtain a financial benefit is
(a) $500, for a minor violation;
(b) $800, for a serious violation; and
(c) $1300, for a very serious violation.
(2) The amount of the penalty in respect of a minor violation that is committed by a person in the course of a business or in order to obtain a financial benefit is $1,300.
(3) The amount of the penalty in respect of a violation that is committed by a person in the course of a business or in order to obtain a financial benefit is $6,000 for a serious violation and $10,000 for a very serious violation, with adjustments, if any, determined for each total gravity value, as established in accordance with section 6, that is set out in column 1 of Schedule 2 in accordance with the calculation set out in column 2.
- SOR/2010-215, s. 1
- SOR/2016-226, s. 3(E)
6 The total gravity value in respect of each serious or very serious violation referred to in subsection 5(3) shall be established by
(a) considering the following criteria:
(i) the history of the person who committed the violation in respect of prior violations or convictions as described in column 2 of an item of Part 1 of Schedule 3,
(ii) the degree of intention or negligence on the part of the person who committed the violation as described in column 2 of an item of Part 2 of Schedule 3, and
(iii) the harm done or that could be done by the violation as described in column 2 of an item of Part 3 of Schedule 3;
(b) ascribing, for each of the criteria referred to in subparagraphs (a)(i), (ii) and (iii), the applicable gravity value that is set out in column 1 of an item of Parts 1, 2 and 3 of Schedule 3; and
(c) adding the values obtained under paragraph (b).
- SOR/2016-226, s. 4
Compliance Agreements
7 (1) Subject to subsection (2), where the Minister agrees to enter into a compliance agreement and the terms and conditions of the agreement include monetary expenditures to be made by a person, the amount of the penalty shall be reduced by one dollar for every two dollars spent by the person, with a maximum reduction to nil.
(2) The amount set out in a notice of default served pursuant to subsection 10(4) of the Act shall be paid by certified cheque or money order made payable to the Receiver General for Canada within 15 days after service of the notice.
Service of Documents
8 (1) Service of a notice of violation or any document originating from the Minister on an individual named in the notice or document may be made
(a) personally, by leaving a copy of it
(i) with the individual at any place, or
(ii) if it is impracticable to find the individual, with someone who appears to be an adult member of the same household at the last known address or usual place of residence of the individual. The day on which the document is left with that person is deemed to be the day on which the document is served; or
(b) by sending a copy of it by registered mail or courier to the last known address or usual place of residence of the individual, or by sending a copy of it to the individual by fax or other electronic means.
(2) Service of a notice of violation or any document originating from the Minister on a person other than an individual may be effected by
(a) sending a copy of it by fax, registered mail or courier to the head office or place of business of the person or to the person’s agent;
(b) leaving a copy of it at the person’s head office or place of business, with an officer or other individual who appears to be in control or management of the head office or place of business or with the person’s agent; or
(c) sending a copy of it by electronic means other than by fax to any individual referred to in paragraph (b).
(3) If a notice of violation or any document originating from the Minister is sent by fax or by other electronic means, a copy of the document shall be sent either by courier or by registered mail within 48 hours following the original transmission.
- SOR/2016-226, s. 5
9 (1) A certificate of service of a document required or authorized to be served under the Act must be in a form approved by the Minister.
(1.1) If the certificate states that the document was served on a person named in the certificate and states the means of service, the person who signs the certificate is deemed to have served the document on that person on the date that is determined under subsections (2) to (4).
(2) A document sent by registered mail is served on the 10th day after the date indicated in the receipt issued by a post office.
(3) A document sent by courier is served on the 10th day after the date indicated in the courier’s receipt issued to the sender.
(4) A document sent by fax or other electronic means is served on the date it is sent.
- SOR/2016-226, s. 6
Payment
10 (1) Subject to subsection (2), a person named in a notice of violation shall pay the amount of the penalty by certified cheque or money order made payable to the Receiver General of Canada within 30 days after the day on which the notice is served.
(2) A person named in a notice of violation may pay an amount equal to one half of the penalty, in lieu of the penalty, within 15 days after the day on which the notice is served.
(3) For the purposes of subsections (1) and (2), payment is deemed to be made:
(a) on the date indicated in the postmark stamped on the envelope, where the amount is sent by regular mail; or
(b) on the date indicated in the receipt issued by the post office or the courier, where the amount is sent by registered mail or courier.
- SOR/2016-226, s. 7
Review and Compliance Agreements
11 (1) Where a person named in a notice of violation that contains a warning requests, pursuant to subsection 8(1) of the Act, a review of the facts of the violation by the Minister or the Tribunal, the request shall be made in writing within 30 days after the day on which the notice is served.
(2) Where a person named in a notice of violation that contains a penalty requests, pursuant to subsection 9(2) of the Act, a review of the facts of the violation by the Minister or the Tribunal or, if the penalty is $2,000 or more, to enter into a compliance agreement with the Minister, the request shall be made in writing within 30 days after the day on which the notice is served.
(3) For the purposes of subsection (2), a request to enter into a compliance agreement shall include a proposal outlining in detail the corrective action that will be taken to ensure future compliance.
12 If a person is notified that the Minister refuses to enter into a compliance agreement, the time within which the person may pay the amount of the penalty or request a review by the Tribunal of the facts of the violation is 15 days after the day on which the notice is served. The request must be in writing.
- SOR/2016-226, s. 8
13 If a person is notified that the Minister, having concluded a review, has decided that the person committed a violation
(a) the time within which the person may request a review of the Minister’s decision by the Tribunal is 15 days after the day on which the notice is served and the request must be in writing;
(b) if the review is in respect of a penalty, the time within which the person may pay the penalty that the Minister has maintained or the corrected amount that the Minister has decided on is 15 days after the day on which the notice is served.
- SOR/2016-226, s. 8
14 (1) A person may make a request referred to in section 11, 12 or 13 by delivering it by hand or by sending it by registered mail, courier or fax or other electronic means to a person and place authorized by the Minister.
(2) Where a person makes a request referred to in subsection (1), the date of the request is
(a) the date on which the request is delivered to the authorized recipient, if the request is delivered by hand;
(b) the earlier of the date on which the request is received by the authorized recipient and the date on the receipt given to the person by a post office or courier, if the request is sent by registered mail or courier; or
(c) the date on which the request is sent, if the request is sent by fax or other electronic transmission.
(3) If a request is sent by fax or by other electronic means, a hard copy of the request shall be sent either by courier or registered mail within 48 hours following the original transmission.
- SOR/2016-226, s. 9
Review by Tribunal
15 (1) A review by the Tribunal shall be conducted orally where the person named in the notice of violation requests that the review be oral.
(2) A review, whether conducted orally or through written representations, may include hearings by conference telephone, conference video or other electronic means where, in the Tribunal’s opinion, its deliberations will be assisted by those means.
(3) Where a review is in respect of a penalty and the Tribunal maintains the penalty or corrects the amount of the penalty, the person who requested the review shall pay the penalty or the corrected amount within 30 days after the day on which notice of the Tribunal’s decision is served.
Coming into Force
16 These Regulations come into force on the day on which they are registered.
SCHEDULE 1(Sections 2 to 4)
PART 1Health of Animals Act and Health of Animals Regulations
DIVISION 1Health of Animals Act(S.C. 1990, c. 21)
| Column 1 | Column 2 | Column 3 | |
|---|---|---|---|
| Item | Provision of Health of Animals Act | Short-form Description | Classification |
| 1 | 5(1) | Fail to notify the nearest veterinary inspector of the presence of a reportable disease or a toxic substance | Very serious |
| 2 | 5(2) | Fail to notify a veterinary inspector of the suspicion of a reportable disease or a toxic substance | Very serious |
| 3 | 7(3) | Enter in a place in contravention of a notice | Serious |
| 4 | 8 | Conceal the existence of a reportable disease or a toxic substance | Very serious |
| 5 | 9 | Keep on open land an infected animal | Very serious |
| 6 | 10 | Bring into a public place an infected animal | Very serious |
| 7 | 11 | Sell or offer or expose for sale an infected animal, a part of an infected animal or an animal product or animal by-product obtained from an infected animal | Very serious |
| 8 | 12 | Throw in a body of water a carcass or a part of an animal that is known to be infected or that was destroyed because of a disease | Very serious |
| 9 | 13(1) | Dig up all or part of the carcass of an animal that died of a disease or that was destroyed because of a disease | Very serious |
| 10 | 15(1) | Possess or dispose of an animal or thing known to be imported illegally | Very serious |
| 11 | 16(1) | Fail to present an animal or thing | Very serious |
| 12 | 18(2) | Fail to comply with the prescribed notice | Very serious |
| 13 | 19(1) | Export an animal without the prescribed certificate | Serious |
| 14 | 19(2) | Fail to present an animal | Serious |
| 15 | 19(4) | Send or take an animal out of Canada without a copy of the prescribed certificate | Serious |
| 16 | 25(1) | Remove from or take into an infected place any animal or thing without the required licence | Very serious |
| 17 | 25(3) | Fail to comply with the prescribed notice | Very serious |
| 18 | 27(5) | Fail to comply with the prescribed notice | Very serious |
| 19 | 31(2) | Fail to provide or maintain adequate facilities | Serious |
| 20 | 35(1) | Obstruct, hinder or make any false or misleading statement to an analyst, inspector or officer | Very serious |
| 21 | 35(2) | Fail to give all reasonable assistance or furnish information to an inspector or officer | Serious |
| 22 | 37(2) | Fail to comply with the prescribed notice | Serious |
| 23 | 43(2) | Fail to comply with the prescribed notice | Serious |
| 24 | 44 | Remove, alter or interfere with an animal or thing seized and detained | Very serious |
| 25 | 48(3) | Fail to comply with the prescribed notice | Very serious |
DIVISION 2Health of Animals Regulations(C.R.C., c. 296; SOR/91-525)
| Column 1 | Column 2 | Column 3 | |
|---|---|---|---|
| Item | Provision of Health of Animals Regulations | Short-form Description | Classification |
| 1 | 3(2) | Fail to comply with a prescribed order | Serious |
| 2 | 5(2) | Fail to comply with a prescribed order | Serious |
| 3 | 6 | Fail to comply with a quarantine notice | Very serious |
| 3.1 | 6.2 | Fail to ensure that specified risk material has been removed from cattle slaughtered, cut up or deboned for human consumption as food | Very serious |
| 3.2 | 6.3 | Use or export for human consumption as food specified risk material in any form, where the specified risk material was removed from cattle slaughtered in Canada | Very serious |
| 4 | 9 | Fail to comply with a quarantine notice | Very serious |
| 5 | 11(1) | Import germplasm of a regulated animal without a permit, fail to comply with the conditions of a permit or fail to comply with the applicable provisions of the import reference document | Very serious |
| 6 | 12(1) | Import a regulated animal without a permit, fail to comply with the conditions of a permit or fail to comply with the import requirements of subsections 12(2) to (6) of the Health of Animals Regulations or all applicable provisions of the import reference document | Very serious |
| 7 to 12 | [Repealed, SOR/2016-226, s. 13] | ||
| 13 | 13 | Import a regulated animal under a permit or certificate that contains false or misleading information | Very serious |
| 14 | 14 | Import a regulated animal that has been in contact with another animal that poses a higher risk or that has been in contact with anything used in relation to the animal with the higher risk | Serious |
| 15 | 15 | Import a regulated animal that is not clearly identified at the time of importation | Serious |
| 16 | 16 | Fail to keep a record which clearly shows the place of origin of the regulated animal, as well as the place and date of its importation | Serious |
| 17 to 65 | [Repealed, SOR/2003-256, s. 2] | ||
| 66 | 34(1)(a) | Import an animal product from a country that is not designated free from foot and mouth disease | Minor |
| 67 | 34(1)(b) | Import an animal product without the required certificate | Serious |
| 68 | 34(2)(a) | Import unfertilized eggs from a country that is not designated free from Newcastle disease and avian influenza | Serious |
| 69 | 34(2)(b) | Import unfertilized eggs without the prescribed certificate | Serious |
| 70 | 34(2)(c) | Import unfertilized eggs that are packed in dirty containers | Serious |
| 71 to 78 | [Repealed, SOR/2003-256, s. 3] | ||
| 79 | 40 | Import an animal by-product without meeting the prescribed requirements | Serious |
| 80 and 81 | [Repealed, SOR/2016-226, s. 14] | ||
| 82 | 41.1(2) | Use or cause to be used an animal by-product for animal food or as ingredient for animal food | Very serious |
| 83 | 42.1(2) | Fail to process raw glands or organs as prescribed | Serious |
| 84 | 42.1(3) | Transport or cause to be transported raw glands or organs to a place other than the required establishment | Serious |
| 85 | 45(1)(a) | Import gluestock without meeting the prescribed conditions | Serious |
| 86 | 45(1)(b) | Fail to transport gluestock directly to the approved establishment | Serious |
| 87 | 45(2) | Fail to process gluestock as prescribed | Serious |
| 88 | 45(3) | Transport or cause to be transported gluestock to a place other than the required establishment | Serious |
| 89 | 46 | Import meat and bone meal, bone meal, blood meal, tankage (meat meal), feather meal, fish meal or any other product of a rendering plant without meeting the prescribed requirements | Very serious |
| 90 | 47 | Import from a country, other than the United States, garbage or refuse containing an animal product or by-product | Very serious |
| 91 | 47.1(2) | Discharge refuse or manure without meeting the prescribed requirements | Serious |
| 92 | 47.1(3) | Discharge refuse without incinerating, sterilizing or deep burying the refuse as prescribed | Serious |
| 93 | 47.1(4) | Discharge garbage or refuse without meeting the prescribed requirements | Serious |
| 94 | 47.1(5) | Discharge refuse, garbage or manure at a place where it cannot be treated and disposed of as prescribed | Serious |
| 95 | [Repealed, SOR/2016-226, s. 17] | ||
| 96 | 47.1(7)(b) | Fail to store refuse, garbage or manure as specified by an inspector | Serious |
| 97 | 47.1(8) | Fail to comply with the requirements of an inspector while transporting garbage, refuse or manure | Serious |
| 98 | 49 | Import a game animal carcass without meeting the prescribed conditions | Minor |
| 99 | 50(a) | Import matted or blood-stained wool, hair or bristles | Minor |
| 100 | 50(b) | Import an animal by-product removed from a diseased animal | Serious |
| 101 | 51(a) | Import an animal pathogen into Canada without a permit | Very serious |
| 102 | 51(b) | Import an animal, animal product, animal by-product or other organism carrying all or part of an animal pathogen without a permit | Very serious |
| 103 | 51(c) | Import blood or serum without the required permit | Serious |
| 104 | 51.1(a) | Move a pathogen, animal or organism or blood or serum to a place not named in the permit | Serious |
| 105 | 51.1(b) | Introduce a pathogen, animal or organism or blood or serum into an animal without a permit or in contravention of a permit | Very serious |
| 106 | [Repealed, SOR/2016-226, s. 19] | ||
| 107 | 51.2(2) | Expose or use animal blood or serum in a live animal | Very serious |
| 108 | 53(1)(a) | Import animal food containing an animal product or animal by-product except as prescribed | Serious |
| 109 | 53(1)(b) | Import animal food on a vessel without prescribed certification | Serious |
| 110 | 54 | Import fodder to be used to feed animals | Serious |
| 111 | 57(a) | Import used beehive or beehive equipment | Serious |
| 112 | 57(b) |
| Minor |
| Minor | ||
| 113 | 58(1) | Import an animal without having it admitted at an approved place | Minor |
| 114 | 58(2) | Import an animal by air without having it admitted at an approved place | Serious |
| 115 | 61 | Remove an animal that has not been quarantined | Very serious |
| 116 | 62 | Fail to destroy or to remove from Canada an animal as ordered | Very serious |
| 117 | 69(1)(a) | Export livestock, poultry, embryos or semen without the required certificate | Serious |
| 118 | 69(1)(b) | Export livestock, poultry, embryos or semen without meeting the requirements of the destination country | Serious |
| 119 | 69(2) | Export semen that was not stored as prescribed | Serious |
| 120 | 69(3) | Export livestock, poultry, embryos or semen without the official export stamp on the certificate | Serious |
| 121 | 69(4) | Apply an official export stamp to a certificate without authorization | Serious |
| 122 | 71(1) | Export without the consent of an inspector an animal that has not been at the place of embarkation for at least 12 hours | Serious |
| 123 | 73.1 | Fail to comply with a request to test animals | Very serious |
| 124 | 76(1) | Move or cause to be moved a Cervidae or a bovine without the required permit | Very serious |
| 125 | 76(2) | Receive or possess a Cervidae or a bovine moved without the required permit | Very serious |
| 125.1 | 76(3) | Fail to keep a copy of the required permit | Minor |
| 125.2 | 78.26 | Fail to produce the required permit | Very serious |
| 126 | 79.11 | Fail to comply with a request to test poultry, poultry products or poultry by-products | Serious |
| 127 | 79.13 | Transport or permit to be transported day old chicks or hatching eggs into an eradication area without a certificate | Serious |
| 128 | 79.14(1) | Exhibit in a show poultry that is not identified or certified as prescribed | Serious |
| 129 | 79.14(2) | Permit to be exhibited poultry that is not identified or certified as prescribed | Serious |
| 130 | 79.15 | Keep untested poultry on the premises of an approved hatchery supply flock | Serious |
| 131 | 79.16(1) | Fail to keep a record of mortality | Serious |
| 132 | 79.16(2) | Fail to immediately submit a sample of dead birds | Serious |
| 133 | 79.17(1) | Fail to have a primary breeding flock tested or to report the results of required tests | Serious |
| 134 | 79.17(2) | Fail to identify poultry | Serious |
| 135 | 79.18 | Use hatchery to hatch game bird eggs, or have on premises game bird eggs, that do not meet the prescribed requirements | Serious |
| 136 | 79.19(1)(a) | Operate a hatchery without a health monitored hatchery permit | Serious |
| 137 | 79.19(1)(b) | Fail to submit required fluff samples as prescribed | Minor |
| 138 | 79.19(7) | Sell chicks or remove chicks from a hatchery without permission | Serious |
| 139 | 79.19(8) | Fail to ensure that a chick or an unhatched embryo is killed in a humane manner | Serious |
| 140 | 79.2 | Fail to submit poultry for prescribed tests | Serious |
| 141 | 80 | Move a designated animal or thing without the permission of an inspector | Very serious |
| 142 | 83(1) | Fail to isolate or muzzle a dog | Very serious |
| 143 | 89(a) | Expose an imported bird to another bird | Serious |
| 144 | 89(b) | Transport an import bird with another bird | Serious |
| 145 | 90 | Fail to comply with an order to segregate an animal or an order to have an animal inspected | Serious |
| 145.1 | 91.2(1) | Fail to immediately notify the Minister of a disease as required | Serious |
| 145.2 | 91.2(2) | Fail to include the required information with a notification | Minor |
| 145.3 | 91.2(3) | Fail to notify the Minister immediately after the end of the calendar year of a disease as required | Serious |
| 146 | 91.3(a) | Fail to keep a record for a period of two years | Serious |
| 147 | 91.3(b) | Fail to provide an inspector with a record | Serious |
| 148 | 91.3(c) | Fail to provide an inspector with the information contained in a record | Serious |
| 149 | 91.4(2)(a) | Remove a disease agent, an animal or a thing quarantined from the place of quarantine without authorization | Very serious |
| 150 | 91.4(2)(b) | Allow a disease agent, an animal or a thing quarantined to come into contact with an animal without authorization | Very serious |
| 151 | 91.4(2)(c) | Destroy a disease agent, an animal or a thing quarantined without authorization | Very serious |
| 152 | 91.4(2)(d) | Treat or test a disease agent, an animal or a thing quarantined without authorization | Very serious |
| 153 | 91.4(3) | Fail to notify that a quarantined animal appears sick | Very serious |
| 154 | 91.4(4)(a) | Move a disease agent or a thing that is quarantined without permission | Very serious |
| 155 | 91.4(4)(b) | Alter the appearance of a disease agent or a thing quarantined without permission | Very serious |
| 156 | 91.4(4)(c) | Remove a tag, sign or notice without permission | Serious |
| 157 | 91.4(4)(d) | Open a container or remove any wrapping or cover around the disease agent or thing without authorization | Very serious |
| 158 | 91.4(5)(a) | Transport or cause to be transported a disease agent or a thing quarantined without a licence | Very serious |
| 159 | 91.4(5)(b) | Fail to provide the person in charge of the conveyance with a copy of the licence | Serious |
| 160 | 91.4(5)(c) | Fail to transport a disease agent or a thing directly to the required location | Very serious |
| 161 | 91.4(6) | Fail to comply with a notice | Very serious |
| 162 | 92(1)(a) | Hold a sale, auction or market without the required facilities | Serious |
| 163 | 93 | Fail to keep in a sanitary condition a sale, auction or market | Minor |
| 164 | 94 | Fail to keep prescribed records or to make them available for inspection | Serious |
| 165 | 95(a) | Fail to identify an animal | Minor |
| 166 | 95(b) | Fail to have an animal examined and tested | Serious |
| 167 | 95.1(1) | Sell a bovine without meeting the prescribed requirements | Serious |
| 168 | 95.1(3) | Allow the sale, auction or market of a bovine where permission has been refused | Serious |
| 169 | 95.1(4)(a) | Fail to identify each specimen collected from a bovine | Minor |
| 170 | 95.1(4)(b) | Fail to keep a record as prescribed | Minor |
| 171 | 95.1(4)(c) | Fail to deliver a specimen and a copy of the record | Minor |
| 172 | 96 | Offer for sale an animal that is not identified as prescribed | Minor |
| 173 | 98 | Fail to properly mark livestock that reacts positively to a test for a reportable disease | Very serious |
| 174 | 100 | Place or affix without authorization a tag or a mark on an animal | Serious |
| 175 | 101 | Remove or deface without authorization a tag placed on an animal | Very serious |
| 176 | 103 | Break, alter, tamper with or remove without authorization a seal or other device | Serious |
| 177 | 104(1)(a)(i) | Fail to comply with an order to clean and disinfect a place or a building | Serious |
| 178 | 104(1)(a)(ii) | Fail to comply with an order to clean and disinfect a conveyance | Serious |
| 179 | 104(1)(b) | Fail to comply with an order to clean and disinfect footwear, clothing or other thing | Serious |
| 180 | 104(2) | Fail to clean and disinfect a conveyance in which an animal that was required to be destroyed was transported | Serious |
| 181 | 105(1) | Fail to clean and disinfect a container or crate before poultry are loaded | Minor |
| 182 | 105(3) | Fail to clean and disinfect a container before it is used again | Serious |
| 183 | 106(1) | Fail to clean and disinfect a railway car, aircraft or vessel | Serious |
| 184 | 106(3) | Fail to comply with an order to clean and disinfect a motor vehicle | Minor |
| 185 | 106(5) | Bring into Canada a conveyance used to transport an animal that has not been cleaned and disinfected | Serious |
| 186 | 106(6) | Fail to clean and disinfect a conveyance as prescribed | Minor |
| 187 | 106(7) | Fail to comply with an order to clean and disinfect a premises | Minor |
| 188 | 106(8) | Fail to affix notice as prescribed | Minor |
| 189 | 108(a) | Fail to completely clean a place or thing | Serious |
| 190 | 108(b) | Fail to disinfect a place or thing as prescribed | Minor |
| 191 | 109(1) | Fail to comply with an order to clean and disinfect a place where a sale, auction or market is conducted | Minor |
| 192 | 109(2) | Hold an auction, a sale or a market in a dirty place without consent | Minor |
| 193 | [Repealed, SOR/2016-226, s. 27] | ||
| 194 | 112 | Feed swine or poultry with, or permit swine or poultry to have access to, meat, meat by-products or food that is suspected to contain meat or meat by-products | Very serious |
| 195 | [Repealed, SOR/2003-385, s. 2] | ||
| 196 | 114 | Fail to comply with an order to dispose of a carcass | Serious |
| 197 | 117(1) | Collect, store or distribute semen that is affected with or has been exposed to a communicable disease | Serious |
| 198 | 117(2) | Fail to destroy semen as prescribed | Serious |
| 199 | 118 | Fail to comply with an order to destroy contaminated semen | Serious |
| 200 | 119(1) | Fail to keep records as prescribed or to make it available to an inspector | Minor |
| 201 | 119(2) | Fail to keep records as prescribed or to make them available to an inspector | Minor |
| 202 | 119(3) | Fail to maintain records in a form approved by the Minister or for a minimum period of seven years | Minor |
| 203 | 120.3(1)(b) | Release a veterinary biologic without the required permit | Very serious |
| 204 | 120.6(1) | Fail to provide the Minister with new information | Very serious |
| 205 | 121(1) | Import a veterinary biologic without a permit | Very serious |
| 206 | 121(1.1) | Fail to ship a veterinary biologic directly to Canada | Serious |
| 207 | 122(4)(a) | Fail to keep records as prescribed, to make records available to a veterinary inspector or to retain records for at least two years | Serious |
| 208 | 122(4)(b) | Fail to furnish the required samples | Serious |
| 209 | 123 | Prepare, manufacture, preserve, pack, label or test a veterinary biologic without an establishment licence or without meeting the conditions of an establishment licence | Very serious |
| 210 | 124 | Manufacture a veterinary biologic without a product licence | Very serious |
| 211 | 128(1) | Prepare, manufacture, preserve, pack, label, store or test a veterinary biologic without meeting the prescribed requirements | Very serious |
| 212 | 128(2) | Fail to inform the Minister | Serious |
| 213 | 128(4) | Test a veterinary biologic in an unauthorized room or building | Minor |
| 214 | 128(5) | Conduct a diagnostic examination or procedure in a place that does not meet the prescribed requirements | Serious |
| 215 | 128(6) | Conduct research or experimentation in an unauthorized area | Serious |
| 216 | 129(1)(a) | Fail to keep or make available to a veterinary inspector the prescribed records | Serious |
| 217 | 129(1)(b) | Fail to furnish the Minister with the required samples | Serious |
| 218 | 129(2) | Fail to keep records for at least two years | Serious |
| 219 | 130 | Sell a veterinary biologic or diluent that has not been prepared, manufactured, preserved, packed, labelled or tested in the manner described in the product outline | Very serious |
| 220 | 130.1 | Fail to store a veterinary biologic as prescribed | Serious |
| 221 | 131 | Fail to comply with an order | Very serious |
| 222 | 132(1) | Import, sell, advertise or offer for sale a veterinary biologic that is not packed or labelled in accordance with the prescribed requirements | Serious |
| 223 | 133(1) | Sell, advertise or offer for sale a veterinary biologic in a container without a label | Serious |
| 224 | 133(3) | Import a veterinary biologic in an outer container or a shipping container without a label | Serious |
| 225 | 134(1) | Import, sell, advertise or offer for sale a veterinary biologic whose label does not show the prescribed information | Serious |
| 226 | 134(3) | Import, sell, advertise or offer for sale a veterinary biologic whose label does not meet the prescribed language requirements | Minor |
| 227 | 134.1 | Sell or offer for sale a veterinary biologic after its expiration date | Serious |
| 228 | 134.2(1) | Sell or offer for sale a rabies vaccine to anyone other than a veterinarian | Serious |
| 229 | 135(1) | Make a claim that is not supported by the product outline | Serious |
| 230 | 135(2) | Misrepresent a veterinary biologic in an advertisement | Serious |
| 231 | 135.1 | Fail to report to the Minister a deficiency in safety, potency or efficacy of a veterinary biologic | Very serious |
| 232 | 138(1) | Transport out of Canada a diseased animal | Serious |
| 233 | 138(2)(a) | Load, transport or cause to be loaded or transported an animal that cannot be transported without suffering | Serious |
| 234 | 138(2)(b) | Load, transport or cause to be loaded or transported an animal that has not been fed and watered | Serious |
| 235 | 138(2)(c) | Load, transport or cause to be loaded or transported an animal that might give birth | Serious |
| 236 | 138(4) | Continue to transport an animal that is unfit for transport | Serious |
| 237 | 139(1) | Beat an animal being loaded or unloaded | Very serious |
| 238 | 139(2) | Load, unload or cause to be loaded or unloaded an animal in a way likely to cause suffering | Serious |
| 239 | 139(3) | Fail to maintain and use an apparatus so as not to cause suffering to animals when loading or unloading them | Minor |
| 240 | 139(4) | Use a ramp or gangway with sides of insufficient strength or height | Minor |
| 241 | 139(5) | Use a ramp so that there is an unprotected gap | Minor |
| 242 | 139(6)(a) | Use a loading gate or chute that is not fitted with safe and secure footholds | Minor |
| 243 | 139(6)(b) | Use a loading gate or chute that is unsuitable for loading or unloading livestock | Minor |
| 244 | 140(1) | Overload a conveyance or cause a conveyance to be overloaded | Serious |
| 245 | 140(2) | Transport or cause to be transported animals in an overcrowded conveyance | Serious |
| 246 | 141(1) | Load a conveyance or transport animals without segregating them as prescribed | Serious |
| 247 | 142(a) | Transport or cause to be transported animals that cannot stand in their natural position | Minor |
| 248 | 142(b) | Transport or cause to be transported animals without adequate drainage or absorption of urine | Minor |
| 249 | 143(1)(a) | Transport or cause to be transported an animal in a conveyance that is constructed inadequately | Serious |
| 250 | 143(1)(b) | Transport or cause to be transported an animal where insecure fittings or projections could cause injury | Serious |
| 251 | 143(1)(c) | Transport or cause to be transported an animal where inadequately padded, fenced off or obstructed fittings could cause injury | Serious |
| 252 | 143(1)(d) | Transport or cause to be transported an animal with undue exposure to weather | Serious |
| 253 | 143(1)(e) | Transport or cause to be transported an animal with inadequate ventilation | Serious |
| 254 | 143(2)(a) | Transport or cause to be transported livestock in a conveyance without sand or secure footholds | Minor |
| 255 | 143(2)(b) | Transport or cause to be transported livestock without bedding | Minor |
| 256 | 143(4) | Fail to have facilities on board a vessel to protect an equine from sea-sickness | Very serious |
| 257 | 144(1) | Transport, load or cause to be transported or loaded an animal in a container that does not meet the prescribed requirements | Serious |
| 258 | 144(2) | Transport, load or cause to be transported or loaded an animal in a container not equipped with the required sign | Minor |
| 259 | 144(3) | Fail to properly secure a container | Serious |
| 260 | 145 | Fail to maintain or have access to required facilities | Minor |
| 261 | 146 | Fail to provide adequate ventilation, in the case of an aircraft | Very serious |
| 262 | 147 | Fail to provide adequate ventilation, in the case of a vessel | Very serious |
| 263 | 148(1)(a) | Confine a monogastric animal in a conveyance for longer than 36 hours without meeting the requirements of subsection 148(7) of the Health of Animals Regulations | Serious |
| 264 | 148(1)(b) | Confine a ruminant in a conveyance for longer than 48 hours without meeting the requirements of subsection 148(7) of the Health of Animals Regulations | Serious |
| 265 | 148(3) | Confine chicks without food or water for longer than 72 hours | Serious |
| 266 | 148(4) | Re-load livestock without the required rest period of not less than five hours, fail to provide livestock with sufficient water and food while resting or fail to add bedding to a conveyance before re-loading livestock | Serious |
| 267 | 148(5) | Unload livestock into a pen that does not meet the prescribed requirements | Serious |
| 268 | 148(6)(a) | Fail to provide sufficient food or water for the duration of the voyage | Serious |
| 269 | 148(6)(b) | Fail to provide additional food or water | Serious |
| 270 | 148(6)(c) | Fail to store food or water as prescribed | Serious |
| 271 | 148(6)(d) | Fail to provide sufficient water pipes or taps | Serious |
| 272 | 149 | Fail to provide suitable food or water to calves | Serious |
| 273 | 150 | Fail to report an injured animal | Serious |
| 274 | 151(1) | Fail to record as prescribed | Minor |
| 275 | 151(2) | Fail to produce a copy of the record | Serious |
| 276 | 151(3)(a) | Fail to keep records for a period of two years | Minor |
| 277 | 151(3)(b) | Fail to provide records to an inspector | Minor |
| 278 | 151(3)(c) | Fail to provide information | Minor |
| 279 | 152(1) | Fail to have the required ship’s crew on a vessel | Serious |
| 280 | 152(2) | Fail to have a veterinary inspector on a vessel or an aircraft | Serious |
| 281 | 152(3) | Fail to notify a veterinary inspector of the time of departure of the vessel or of the names of the required crew | Serious |
| 282 | 152(4) | Fail to report to a veterinary inspector | Serious |
| 283 | 153(1)(a) | Transport or cause to be transported animals aboard a vessel on more than three decks without an additional deck specially fitted | Serious |
| 284 | 153(1)(b) | Transport or cause to be transported animals aboard a vessel on a deck exposed to the weather | Serious |
| 285 | 153(1)(c) | Transport or cause to be transported animals aboard a vessel on a structure not suited for their transport | Serious |
| 286 | 153(1)(d) | Transport or cause to be transported animals in a part of the vessel where their presence would interfere with management, ventilation, operation or safety of the vessel | Serious |
| 287 | 153(1)(e) | Transport or cause to be transported animals aboard a vessel on a hatch above other animals | Serious |
| 288 | 153(1)(f) | Transport or cause to be transported animals aboard a vessel on a hatch where there is no other access to the space below | Serious |
| 289 | 153(2)(a) | Load freight or feed for animals on a hatch above animals | Minor |
| 290 | 153(2)(b) | Fail to keep the required space free and clear | Minor |
| 291 | 153(2)(c) | Fail to provide adequate passageways | Minor |
| 292 | 154(a) | Fail to tie a bovine as prescribed | Minor |
| 293 | 154(b) | Fail to tie an equine as prescribed | Minor |
| 294 | 154(c) | Fail to transport sheep, goats or swine in pens or enclosed containers | Minor |
| 295 | 155 | Fail to comply with an order | Serious |
| 296 | 156 | Fail to provide adequate lighting | Serious |
| 297 | 157 | Transport or cause to be transported animals near the engine or boiler room where casings are not adequately isolated | Serious |
| 298 | 158(1)(a) | Fail to provide a suitable humane killing device in good working order | Serious |
| 299 | 158(1)(b) | Fail to provide an adequate quantity of ammunition | Serious |
| 300 | 158(2) | Fail to destroy an injured animal by means of the prescribed killing device | Serious |
| 301 | 159 | Fail to provide a sufficient quantity of veterinary drugs | Serious |
| 302 | 160.1 | Fail to comply with the conditions contained in a permit or licence | Serious |
| 303 | 161(4) | Sell or transfer a licence to another person | Serious |
| 303.001 | 164 | Feed prohibited material to a ruminant | Very serious |
| 303.002 | 165(1) | Operate a rendering plant without a permit | Very serious |
| 303.0021 | 165(1.1) | Manufacture a prohibited material in a rendering plant without having required dedicated lines, equipment and conveyances | Very serious |
| 303.003 | 165(2) | Fail to keep the prescribed records | Very serious |
| 303.004 | 165(4) | Distribute or sell a product of a rendering plant that contains prohibited material without the prescribed documentation or label | Very serious |
| 303.005 | 166(1) | Import a product of a rendering plant without a permit | Very serious |
| 303.006 | 166(2) | Fail to keep the required records | Very serious |
| 303.007 | 167 | Sell or distribute a product of a rendering plant without prescribed documentation or labelling | Very serious |
| 303.008 | 168 | Import, manufacture, package, label, store, distribute, sell or advertise for sale animal food for ruminants that contains prohibited material | Very serious |
| 303.009 | 169 | Import, manufacture, package, store, distribute, sell or advertise for sale animal food that contains prohibited material without prescribed documentation or labelling | Very serious |
| 303.01 | 170(1) | Fail to have procedures to prevent the mixing or contamination of a rendering plant product or animal food for ruminants with prohibited material | Very serious |
| 303.011 | 170(2)(a) | Fail to follow procedures to prevent the mixing or contamination of a rendering plant product or animal food for ruminants with prohibited material | Very serious |
| 303.012 | 170(2)(b) | Fail to keep the required records | Very serious |
| 303.013 | 170(3) | Fail to change records or labels as required | Very serious |
| 303.014 | 171(1) | Fail to keep the prescribed records | Very serious |
| 303.015 | 171(2) | Fail to keep the prescribed records | Very serious |
| 303.016 | 174.1 | Sell or distribute approved tags without reporting the required information to the administrator within the prescribed time | Serious |
| 303.1 | 175(1.1) | Fail to ensure that an approved tag applied to an animal or to the carcass of an animal is for the species of that animal and corresponds to the animal or carcass for which it was issued | Serious |
| 303.11 | 175(1.2) | Fail to ensure that an approved tag is applied to an animal in the prescribed manner | Minor |
| 303.2 | 175.1(1) | Fail to keep the required record | Serious |
| 303.12 | 175.01(1) | Fail to ensure that an approved tag is applied to a pig before it is removed from a site | Minor |
| 303.13 | 175.01(5) | Fail to ensure in the prescribed circumstances that an approved tag or an approved slap tattoo is applied to a pig before it is moved from a site | Minor |
| 303.14 | 175.01(6) | Fail to ensure that an approved tag is applied to a pig in the prescribed circumstances | Minor |
| 303.15 | 175.01(7) | Fail to ensure that an indicator that meets the prescribed requirements is applied to a pig before exportation | Minor |
| 303.16 | 175.01(8) | Fail to ensure that a pig carcass is accompanied by required information in the required form | Minor |
| 303.3 | 175.1(3) | Fail to keep the required record | Serious |
| 303.4 | 175.1(4) | Fail to keep the required record for the prescribed period | Serious |
| 303.5 | 175.2(1) | Fail to report the required information within the prescribed time when pigs are transported from one site to another | Minor |
| 303.6 | 175.2(3) | Fail to report the required information within the prescribed time when pigs leave a site where an approved tag or approved slap tattoo is applied to a pig | Minor |
| 303.7 | 175.2(4) | Fail to report the required information within the prescribed time when pigs are transported from a site to an abattoir | Minor |
| 303.8 | 175.2(5) | Fail to report the required information within the prescribed time when pig carcasses are transported from a site to another site | Minor |
| 303.9 | 175.3 | Fail to keep the required record for the prescribed period | Minor |
| 303.91 | 175.4 | Fail to keep the required record for the prescribed period | Minor |
| 304 | 176 | Remove or cause the removal, from a site, of a bison, bovine or ovine or its carcass not bearing an approved tag | Minor |
| 304.1 | 176.1 | Remove or cause the removal from a site of a pig not identified in the prescribed manner | Minor |
| 305 | 177(1) | Transport or cause the transportation of a bison, bovine or ovine or its carcass not bearing an approved tag | Minor |
| 306 | 177.1(1) | Transport or cause the transportation of a pig not identified in the prescribed manner | Minor |
| 307 | [Repealed, SOR/2008-183, s. 4] | ||
| 308 | 178(1) | Apply or cause the application of an approved tag to an animal or animal’s carcass that is not at the site for which the tag was issued | Serious |
| 308.1 | 178(1.1) | Apply or cause the application of an approved slap tattoo or an indicator to a pig that is not at the site in respect of which the approved slap tattoo or indicator was issued | Serious |
| 309 | 179 | Remove or cause the removal of an approved tag, or an approved tag that has been revoked, from an animal or its carcass | Serious |
| 310 | 180 | Transfer or cause the transfer of an approved tag to another animal or animal’s carcass | Serious |
| 310.1 | 180.1 | Apply or cause the application of an approved tag to an animal or the carcass of an animal that is not listed in the definition animal in section 172 of the Health of Animals Regulations | Serious |
| 311 | 181 | Alter an approved tag or make its identification number unreadable | Serious |
| 312 | 182 | Make, sell or provide a tag, chip or other indicator that resembles an approved tag | Very serious |
| 312.1 | 183(2)(b) | Fail to ensure that an approved tag is applied to a bison or bovine immediately after its arrival at the tagging site | Minor |
| 312.11 | 183(2)(c) | Fail to keep or make available the required records | Serious |
| 313 | 184(1) | Fail to immediately apply a new approved tag to an animal that does not bear an approved tag, bears a revoked tag or has lost its approved tag | Minor |
| 313.1 | 184(4) | Fail to report the prescribed information to the administrator in the prescribed time | Minor |
| 314 | 185(1) | Fail to keep a record for an animal or animal’s carcass with a new approved tag | Minor |
| 314.1 | 185(3) | Fail to report the number of the new approved tag and the previously applied approved tag to the administrator in the prescribed time | Minor |
| 314.2 | 185(4) | Fail to report the prescribed information to the administrator in the prescribed time | Minor |
| 315 | 186(1)(b) | Fail to report the death of a bison or bovine and the number of the approved tag to the administrator within the prescribed time | Minor |
| 316 | 186(2) | Fail to maintain the ability to identify the animal’s carcass during the prescribed time | Minor |
| 317 | 186(3) | Fail to keep a record of the death and the number of the approved or revoked tag of an animal that is slaughtered or otherwise dies at a site | Minor |
| 317.1 | 186(4) | Fail to report the prescribed information to the administrator in the prescribed time | Minor |
| 318 | 187(1)(b) | Fail to report the number of the approved tag or revoked tag of a carcass to the administrator within the prescribed time | Minor |
| 319 | 187(2) | Fail to collect and report the prescribed information about a carcass to the administrator within the prescribed time | Minor |
| 319.1 | 187(3) | Fail to report the prescribed information to the administrator in the prescribed time | Minor |
| 320 | 188(1) | Fail to report the number of an approved tag applied to an exported bison or bovine to the administrator within the prescribed time | Minor |
| 320.1 | 188(2) | Fail to report the prescribed information on exported pigs to the administrator within the prescribed time | Minor |
| 321 | 189(1)(a) | Fail to apply or cause the application of an approved tag to an imported animal in the prescribed time | Minor |
| 322 | 189(1)(b) and (c) and 189(2) | Fail to report the prescribed information on an imported animal to the administrator within the prescribed time | Minor |
DIVISIONS 3 AND 4[Repealed, SOR/2016-226, s. 64]
PART 2Plant Protection Act and Regulations Under the Plant Protection Act
DIVISION 1Plant Protection Act(S.C. 1990, c. 22)
| Column 1 | Column 2 | Column 3 | |
|---|---|---|---|
| Item | Provision of Plant Protection Act | Short-form Description | Classification |
| 1 | 5 | Fail to notify the Minister of the existence of a thing that the person suspects to be a pest or to provide a specimen of a suspected pest | Serious |
| 2 | 6(1) | Move, grow, raise, culture or produce a thing without permission | Very serious |
| 2.1 | 6(3) | Fail to comply with the prescribed notice | Very serious |
| 3 | 7(1) | Fail to present a thing for inspection | Very serious |
| 3.1 | 8(1) | Fail to comply with the prescribed notice | Very serious |
| 4 | 9(1) | Possess or dispose of a thing that was unlawfully imported | Very serious |
| 5 | [Repealed, SOR/2016-226, s. 68] | ||
| 6 | 15(3)(d) | Fail to comply with a prohibition or restriction imposed under an order imposed by the Minister | Very serious |
| 7 | 23(1) | Obstruct, hinder or make a false or misleading statement to an inspector | Very serious |
| 8 | 23(2) | Fail to provide reasonable assistance to an inspector or furnish an inspector with information | Serious |
| 8.1 | 24(2) | Fail to comply with the prescribed notice | Very serious |
| 8.2 | 30(2) | Fail to comply with the prescribed notice | Very serious |
| 9 | 31 | Move, alter or interfere with a seized thing | Very serious |
| 10 | 36(3) | Fail to comply with the prescribed notice | Very serious |
DIVISION 2Potato Production and Sale (Central Caanich) Restriction Regulations(SOR/82-186)
| Column 1 | Column 2 | Column 3 | |
|---|---|---|---|
| Item | Provision of Potato Production and Sale (Central Saanich) Restriction Regulations | Short-form Description | Classification |
| 1 | 3(1)(a) | Seed, plant, grow, produce or harvest potatoes within a prescribed prohibited area | Very serious |
| 2 | 3(1)(b) | Sell or dispose of potatoes seeded, planted, grown, produced or harvested within a prescribed prohibited area | Very serious |
DIVISION 3Eggplants and Tomatoes Production (Central Saanich) Restriction Regulations(SOR/82-448)
| Column 1 | Column 2 | Column 3 | |
|---|---|---|---|
| Item | Provision of Eggplants and Tomatoes Production (Central Saanich) Restriction Regulations | Short-form Description | Classification |
| 1 | 2 | Seed, transplant, grow, produce or harvest eggplant or tomato within a prescribed prohibited area | Very serious |
DIVISION 4Plant Protection Regulations(SOR/95-212)
| Column 1 | Column 2 | Column 3 | |
|---|---|---|---|
| Item | Provision of Plant Protection Regulations | Short-form Description | Classification |
| 1 | 5(4) | Fail to comply with the conditions of an authorization | Very serious |
| 2 | 6(3) | Possess, hold or control a seal without authorization | Serious |
| 3 | 7(1) | Remove, break, alter or tamper with a seal without authorization | Very serious |
| 4 | 7(3) | Fail to ensure that a seal is not removed, broken, altered or tampered with | Very serious |
| 5 | 8 | Misuse documents | Serious |
| 6 | 9 | Possess, have custody or control of or use a false or improperly obtained document | Very serious |
| 7 | [Repealed, SOR/2016-226, s. 73] | ||
| 8 | 13(1)(a) | Alter or deface a notice of quarantine or a quarantine tag or erase information thereon | Very serious |
| 9 | 13(1)(b) | Remove a quarantine tag | Very serious |
| 10 | 14(1) | Contravene quarantine conditions | Very serious |
| 11 | 17(4)(a) | Fail to treat or process a thing in accordance with a notice | Very serious |
| 12 | 17(4)(b) | Fail to ensure that a pest or biological obstacle is eradicated or to prevent the spread of a pest or a biological obstacle | Very serious |
| 13 | 19 | Fail to comply forthwith with a removal requirement | Very serious |
| 14 | 20(2) | Fail to comply with the prescribed notice | Very serious |
| 15 | 21(2) | Fail to comply with the prescribed notice | Very serious |
| 16 | 22(a) | Enter, move within or leave an infested place without authorization | Very serious |
| 17 | 22(b) | Move a thing without authorization | Very serious |
| 17.1 | 23(b) | Fail to comply with the prescribed notice | Very serious |
| 18 | 25(1)(a) | Alter or deface a notice of detention or a detention tag or erase information thereon | Very serious |
| 19 | 25(1)(b) | Remove a detention tag without authorization | Very serious |
| 20 | 25(1)(c) | Undertake an activity in respect of a detained thing without authorization | Very serious |
| 20.1 | 27(2) | Fail to comply with the prescribed notice | Very serious |
| 20.2 | 27(3) | Fail to treat or to cause to be treated as required | Very serious |
| 21 | 27(5) | Undertake an unapproved activity in respect of a thing that is required to be disposed of | Serious |
| 22 | 29(1) | Import a thing without a permit number or without a foreign Phytosanitary Certificate or a foreign Phytosanitary Certificate for Re-export | Serious |
| 23 | 34(1) | Fail to comply with the import permit conditions | Very serious |
| 24 | 36(a) | Fail to furnish records where required by permit | Serious |
| 25 | 36(b) | Fail to retain records where required by permit | Serious |
| 26 | 38(a) | Fail to treat or process a thing at origin as prescribed | Serious |
| 27 | 38(b) | Fail to treat or process a thing in a specified or required manner and place | Serious |
| 28 | 39 | Fail to declare as prescribed | Serious |
| 29 | 40(4)(a) | Move an imported thing to an unauthorized place | Serious |
| 30 | 40(4)(b) | Open a conveyance or unpack a package without authorization | Serious |
| 31 | [Repealed, SOR/2016-226, s. 78] | ||
| 32 | 42(2) | Import a prohibited thing | Very serious |
| 33 | 43(3)(a) | Fail to ensure non-spread of a pest or biological obstacle | Very serious |
| 34 | 43(3)(b) | Fail to destroy or ensure non-viability of a pest or a biological obstacle | Very serious |
| 35 | 43(4) | Import a thing for a special purpose without meeting the prescribed conditions | Very serious |
| 36 | 45(2)(a) | Fail to obtain a Movement Certificate | Very serious |
| 37 | 45(2)(b) | Fail to comply with the conditions of a Movement Certificate | Very serious |
| 38 | 45(3) | Fail to comply with the conditions of a Movement Certificate prior to movement | Very serious |
| 39 | 46(1) | Alter or deface a Movement Certificate or erase information or statement thereon | Very serious |
| 40 | 46(3) | Substitute a thing for the thing for which a Movement Certificate was issued | Very serious |
| 41 | 50(1) | Move a thing named in Schedule I to the Plant Protection Regulations | Very serious |
| 42 | 50(2) | Move a pest named in Schedule I to the Plant Protection Regulations | Very serious |
| 43 | 50(3) | Move a pest named in Schedule II to the Plant Protection Regulations within or outside an area specified in that Schedule | Very serious |
| 44 | 51 | Move a thing without meeting the requirements prescribed in Schedule II to the Plant Protection Regulations | Very serious |
| 45 | 53(1) | Undertake an activity in contravention of a Ministerial Order or Declaration of Infested Place Notice | Very serious |
| 46 | 54(4)(a) | Move a thing for a special purpose that is not packed, identified or contained as prescribed, or contrary to the conditions of a Movement Certificate | Very serious |
| 47 | 54(4)(c) | Move a thing to a place other than as specified in the Movement Certificate | Very serious |
| 48 | 54(4)(d) | Fail to deal with a thing as specified in the Movement Certificate | Very serious |
| 49 | 55(2) | Fail to obtain an export document as prescribed | Serious |
| 50 | 55(4) | Possess, hold or control a Canadian Phytosanitary Certificate Seal or facsimile thereof without authorization | Very serious |
| 51 | 55(5) | Alter or deface a Canadian Phytosanitary Certificate or a Canadian Phytosanitary Certificate for Re-export or erase information or statement thereon | Very serious |
| 52 | 55(7) | Substitute a thing for the thing for which a certificate or other document was issued | Very serious |
| 53 | 56(1) | Fail to obtain an Export Permit as prescribed | Very serious |
| 54 | 57 | Fail to meet the phytosanitary requirements of the importing country | Very serious |
| 55 | 58(2) | Load or complete the loading without approval as prescribed | Very serious |
PART 3Safe Food for Canadians Act and Safe Food for Canadians Regulations
DIVISION 1Safe Food for Canadians Act(S.C. 2012, c. 24)
| Column 1 | Column 2 | Column 3 | ||
|---|---|---|---|---|
| Item | Provision of Safe Food for Canadians Act | Provision of Safe Food for Canadians Regulations | Short-form Description | Classification |
| 1 | 4 | Import a food commodity the selling of which is prohibited | Very serious | |
| 2 | 5 | Sell a food commodity that is the subject of a recall order | Very serious | |
| 3 | 6(1) | Manufacture, prepare, package, label, sell, import or advertise a food commodity in a manner that is false, misleading or deceptive or likely to create an erroneous impression | Very serious | |
| 4 | 8 | Threaten to render a food commodity injurious to human health | Very serious | |
| 5 | 10(2) | Import a prescribed food commodity without being authorized to do so by the prescribed licence | Very serious | |
| 6 | 11 | Sell, advertise or possess a food commodity that has been sent, conveyed or imported in contravention of any provisions of the Safe Food for Canadians Act or the Safe Food for Canadians Regulations | Very serious | |
| 7 | 12 | Possess for the purpose of sending, conveying or exporting any prescribed food commodity that does not meet the requirements of the Safe Food for Canadians Regulations | Very serious | |
| 8 | 13(2) | Conduct a prescribed activity in respect of a prescribed food commodity without being authorized to do so by the prescribed licence | Very serious | |
| 9 | 14(1)(a) | Apply or use an inspection mark or grade name without the prescribed authorization | Very serious | |
| 10 | 14(1)(b) | Advertise or sell a thing that has an inspection mark or grade name on it, or advertise or sell a thing in respect of which such an inspection mark or grade name is used in connection with the thing, without the prescribed authorization | Very serious | |
| 11 | 14(2)(a) | Apply or use a thing likely to be mistaken for an inspection mark or grade name | Serious | |
| 12 | 14(2)(b) | Advertise or sell anything that has on it a thing that is likely to be mistaken for an inspection mark or grade name or anything that has that thing used in connection with it | Serious | |
| 13 | 15 | Make a false or misleading statement or provide false or misleading information to a referred person | Very serious | |
| 14 | 16 | Obstruct or hinder a referred person | Very serious | |
| 15 | 17(1) | Alter, destroy or falsify a referred document | Very serious | |
| 16 | 17(2)(a) | Alter a document issued, made or given under the Safe Food for Canadians Act | Very serious | |
| 17 | 17(2)(b) | Possess or use a document issued, made or given under the Safe Food for Canadians Act that has been altered | Very serious | |
| 18 | 18 | Possess or use a document not issued, made or given under the Safe Food for Canadians Act that is likely to be mistaken for a document issued, made or given under that Act | Very serious | |
| 19 | 20(4) | Fail to comply with any condition of the licence | Very serious | |
| 20 | 24(2)(d) | Refuse or neglect to move, not to move or to restrict the movement of an item | Very serious | |
| 21 | 24(2)(h) | Refuse or neglect to establish identity | Very serious | |
| 22 | 24(2)(i) | Refuse or neglect to stop or start an activity | Very serious | |
| 23 | 24(2)(j) | Refuse or neglect to comply with an order prohibiting or limiting access to a place or anything in the place | Very serious | |
| 24 | 24(3) | Refuse or neglect to stop a conveyance or move it to a place where the inspector can enter it | Very serious | |
| 25 | 24(6) | Fail to give assistance to the inspector or to provide a document, information or access to data to the inspector | Very serious | |
| 26 | 27 | Refuse or neglect to provide a document, information or a sample on the date, at the time and place, and in the manner specified by the inspector | Serious | |
| 27 | 28 | Without authorization, remove, alter or interfere with anything seized under the Safe Food for Canadians Act | Very serious | |
| 28 | 29(b) | Refuse or neglect to store or move anything seized under the Safe Food for Canadians Act | Serious | |
| 29 | 29(c) | Refuse or neglect to dispose of anything seized under the Safe Food for Canadians Act | Very serious | |
| 30 | 32(1) | Refuse or neglect to remove a referred imported food commodity from Canada or to destroy it | Very serious | |
| 31 | 10(3) | 8(1) | Send, convey, import or export a food that does not meet the prescribed requirements | Very serious |
| 32 | 13(1) | 10 | Manufacture, process, treat or preserve a food that has been imported or that is to be exported or to be sent or conveyed by using a food additive or other substance that is not permitted or that does not comply with the prescribed limits or levels | Serious |
| 33 | 10(3) | 11(1) | Import a food that was not manufactured, prepared, stored, packaged or labelled under the prescribed conditions or in the prescribed manner | Very serious |
| 34 | 10(3) | 15(1)(a) | Send, convey or export a food that was manufactured, processed, treated, preserved, graded, packaged or labelled in Canada without such activity being conducted by a licence holder in accordance with the Safe Food for Canadians Act or the Safe Food for Canadians Regulations | Very serious |
| 35 | 10(3) | 15(1)(b) | Send, convey or export a food that was not imported by a licence holder in accordance with the Safe Food for Canadians Act or the Safe Food for Canadians Regulations | Very serious |
| 36 | 10(3) | 15(1)(c)(i) | Send, convey or export a meat product containing a meat product that was manufactured, processed, treated, preserved, packaged or labelled in Canada without such activity being conducted by a licence holder in accordance with the Safe Food for Canadians Act or the Safe Food for Canadians Regulations | Very serious |
| 37 | 10(3) | 15(1)(c)(ii) | Send, convey or export a meat product containing a meat product that has been derived from a livestock carcass or a poultry carcass that has been graded in Canada without having been graded by a grader in accordance with the Safe Food for Canadians Regulations | Very serious |
| 38 | 10(3) | 15(1)(c)(iii) | Send, convey or export a meat product containing an imported meat product that was not imported by a licence holder in accordance with the Safe Food for Canadians Act or the Safe Food for Canadians Regulations | Very serious |
| 39 | 10(3) | 15(1)(c)(iv) | Send, convey or export a meat product containing meat that is derived from food animals that were slaughtered in Canada without such activity being conducted by a licence holder in accordance with the Safe Food for Canadians Act or the Safe Food for Canadians Regulations | Very serious |
| 40 | 13(1) | 95(1) | Prepare by pasteurizing eggs in the shell that have been imported or that are to be sent, conveyed or exported and that are not graded Canada A or Grade A | Serious |
| 41 | 10(3) | 95(2) | Import eggs pasteurized in the shell that are not graded Grade A before pasteurization | Serious |
| 42 | 10(1) | 97 | Import eggs graded Grade C or Grade Nest Run without delivering them directly to the referred establishment | Serious |
| 43 | 10(1) | 98(1) | Import ungraded eggs without meeting the prescribed requirements | Serious |
| 44 | 10(1) | 99(1) | Send or convey prescribed eggs without delivering them to the referred establishment | Serious |
| 45 | 10(1) | 99(2) | Send or convey eggs graded Canada Nest Run without delivering them to the referred establishment | Serious |
| 46 | 10(1) | 99(3) | Send or convey ungraded eggs without meeting the prescribed requirements | Serious |
| 47 | 13(1) | 102(1) | Process or treat eggs that are to be sent or conveyed or exported and that do not meet the prescribed requirements | Very serious |
| 48 | 13(1) | 102(2) | Process or treat a processed egg product that is to be sent, conveyed or exported and that is derived from eggs that do not meet the prescribed requirements | Very serious |
| 49 | 10(1) | 106(1) | Import live or raw shellfish without meeting the prescribed conditions | Very serious |
| 50 | 13(1) | 107(1) | Manufacture, prepare, store, package or label shellfish that is to be exported or to be sent or conveyed and that does not meet the prescribed requirements | Very serious |
| 51 | 13(1) | 125(1) | Prepare by identifying as edible a meat product that is to be exported or to be sent or conveyed without meeting the prescribed requirements | Very serious |
| 52 | 13(1) | 125(2) | Prepare by identifying a prescribed meat product as edible without meeting the prescribed requirements | Serious |
| 53 | 13(1) | 126 | Prepare by using a urinary bladder, an intestine or any part of them as a natural casing for an edible meat product that is to be exported or to be sent or conveyed without meeting the prescribed requirements | Very serious |
| 54 | 13(1) | 156 | Prepare a meat product that is to be exported or to be sent or conveyed without taking one of the prescribed measures when it is contaminated | Very serious |
| 55 | 13(1) | 157 | Prepare by identifying as edible a prescribed meat product derived from a pig that is to be exported or to be sent or conveyed, without meeting the prescribed requirements | Very serious |
| 56 | 13(1) | 158 | Prepare by identifying as edible a meat product derived from an equine that is to be exported or to be sent or conveyed without meeting the prescribed requirements | Very serious |
| 57 | 13(1) | 159 | Prepare by identifying as edible a meat product derived from a prescribed bovine carcass that is to be exported or to be sent or conveyed, without meeting the prescribed requirements | Very serious |
| 58 | 10(1) | 167(a) | Import an edible meat product from a foreign state that does not have a recognized inspection system for meat products at the time the meat product was manufactured, prepared, stored, packaged or labelled | Very serious |
| 59 | 10(1) | 167(b) | Import an edible meat product from a foreign state that does not have a recognized inspection system at the time of the import | Very serious |
| 60 | 10(1) | 167(c) | Import an edible meat product coming from an establishment that does not have a recognized system for manufacturing, processing, treating, preserving, handling, testing, grading, coding, slaughtering, storing, packaging or labelling | Very serious |
| 61 | 10(1) | 167(d) | Import an edible meat product without providing an inspector with a prescribed official document issued by the foreign state in the approved form | Very serious |
| 62 | 10(1) | 168(1)(a) | Export an edible meat product without providing an inspector with the prescribed document | Serious |
| 63 | 10(1) | 168(1)(b) | Export an edible meat product for which a certificate or other prescribed document has not been issued | Serious |
| 64 | 10(3) | 186 | Send, convey, import or export a prepackaged food that does not have a package that meets the prescribed requirements | Very serious |
| 65 | 10(3) | 201 | Send, convey, import or export a food whose label bears a common name that does not meet any prescribed standard that applies in respect of the common name | Serious |
| 66 | 10(3) | 203(1) | Send, convey, import or export a prepackaged food with an item of information on the label that does not meet the prescribed requirements even if it is not prescribed that this information be on the label | Minor |
| 67 | 10(3) | 206(1) | Send, convey, import or export a referred consumer prepackaged food whose label does not bear the required information in both official languages | Minor |
| 68 | 10(3) | 208 | Send, convey, import or export a food whose label does not bear the required information in the prescribed manner | Minor |
| 69 | 10(3) | 218(1)(a) | Send, convey, import or export a prepackaged food whose label does not bear the common name of the food on the principal display panel | Serious |
| 70 | 10(3) | 218(1)(b) | Send, convey, import or export a prepackaged food whose label does not bear the name and principal place of business of the person by whom or for whom the food was manufactured, prepared, produced, stored, packaged or labelled on the prescribed part | Serious |
| 71 | 10(3) | 218(1)(c) | Send, convey or import a prepackaged food whose label does not bear the prescribed information | Very serious |
| 72 | 10(3) | 221 | Send, convey or import a consumer prepackaged food whose label does not bear the declaration of net quantity on its principal display panel | Minor |
| 73 | 10(3) | 222 | Send, convey or import a consumer prepackaged food whose label bears a reference to the place of manufacture of the label or container but does not bear the prescribed additional statement | Minor |
| 74 | 10(3) | 223(1) | Send, convey or import a consumer prepackaged food wholly manufactured, processed or produced in a foreign state whose label does not show the prescribed information in the prescribed manner | Minor |
| 75 | 10(3) | 223(2) | Send or convey a consumer prepackaged food that was wholly manufactured, processed or produced in a foreign state, that has been packaged in Canada and whose label does not show the prescribed information in the prescribed manner | Minor |
| 76 | 10(3) | 223(3) | Send, convey or import a consumer prepackaged food whose label does not show the geographic origin of the food in the prescribed manner | Minor |
| 77 | 10(3) | 224(1) | Send, convey or import a consumer prepackaged food to which a flavouring ingredient is added and whose label does not bear the prescribed statement in the prescribed circumstances | Minor |
| 78 | 10(3) | 224(2) | Send, convey or import a consumer prepackaged food to which a flavouring ingredient is added and whose label does not bear the required statement in the prescribed location | Minor |
| 79 | 10(3) | 225 | Send, convey, import or export a prepackaged food whose label is not applied or attached to it in such a manner that the label is still applied or attached at the time the food is sold | Minor |
| 80 | 10(3) | 226 | Send, convey or import a consumer prepackaged food whose label is not applied or attached to the container in the prescribed manner at the time it is offered for sale | Minor |
| 81 | 10(3) | 227(1) | Send, convey or import a consumer prepackaged food that does not have all or part of the label applied to the principal display surface | Minor |
| 82 | 10(3) | 229(1) | Send, convey or import a consumer prepackaged food whose prescribed information is not shown on the label in characters of at least the minimum prescribed height | Minor |
| 83 | 10(3) | 230 | Send, convey or import a consumer prepackaged food whose declaration of net quantity shown on the label does not meet the prescribed requirements | Minor |
| 84 | 10(3) | 231(a) | Send, convey or import a referred consumer prepackaged food whose declaration of net quantity is not shown on the label by volume, weight or numerical count in the prescribed manner | Minor |
| 85 | 10(3) | 231(b) | Send, convey or import a referred consumer prepackaged food whose declaration of net quantity is not shown on the label in the prescribed manner | Minor |
| 86 | 10(3) | 232 | Send, convey or import a consumer prepackaged food whose declaration of net quantity is not shown on the label in metric units | Minor |
| 87 | 10(3) | 233(1) | Send, convey or import a consumer prepackaged food whose metric units shown on the label in the declaration of net quantity are not in the prescribed units | Minor |
| 88 | 10(3) | 239 | Send, convey or import a prescribed consumer prepackaged food sold as one unit, whose declaration of net quantity does not show the prescribed information on the label | Minor |
| 89 | 10(3) | 244 | Send, convey, import or export a food, other than a consumer prepackaged food, whose declaration of net quantity is not shown on the label by volume, weight or numerical count in the prescribed manner | Minor |
| 90 | 10(3) | 245(1)(a) | Send, convey, import or export a prepackaged food that does not have a label bearing the required information applied or attached to its container | Serious |
| 91 | 10(3) | 245(1)(b) | Send, convey, import or export a food that is not a prepackaged food that does not have a label bearing the required information applied or attached to it | Serious |
| 92 | 10(3) | 245(3) | Send, convey, import or export a food whose required information is shown on the part of the label that is applied or attached to the bottom of the prepackaged food or container, without meeting the other prescribed requirements | Minor |
| 93 | 10(3) | 246(d) | Send, convey, import or export a prepackaged dairy product other than a consumer prepackaged dairy product whose declaration of net quantity is not shown on the principal display panel in the prescribed manner | Minor |
| 94 | 10(3) | 250(1) | Import a prescribed dairy product or send, convey or export such a dairy product whose label does not bear the prescribed information in the prescribed manner | Minor |
| 95 | 10(3) | 250(2) | Send, convey or export a prescribed consumer prepackaged cheese whose principal display panel does not show the prescribed information | Minor |
| 96 | 10(3) | 254(a) | Send, convey, import or export graded prepackaged eggs, other than consumer prepackaged eggs, whose label does not bear a declaration of net quantity | Minor |
| 97 | 10(3) | 256(1) | Import prepackaged eggs or send, convey or export such imported eggs whose label does not bear the prescribed information in the prescribed manner | Minor |
| 98 | 10(3) | 258(a) | Send, convey or export a prepackaged processed egg product whose label does not bear the prescribed inspection legend | Minor |
| 99 | 10(3) | 258(b) | Import a prepackaged processed egg product or send, convey, or export such an imported product whose label does not bear the official inspection mark of the foreign state of origin | Minor |
| 100 | 10(3) | 259 | Import a prepackaged processed egg product or send, convey or export such an imported product whose label does not bear the prescribed information in the prescribed manner | Minor |
| 101 | 10(3) | 260 | Send, convey or export a prescribed prepackaged processed egg product whose label does not bear the prescribed information in the prescribed manner | Minor |
| 102 | 10(3) | 262(1)(f) | Send, convey, import or export bivalve molluscs in the shell that are not in a hermetically sealed package, whose label does not bear the prescribed information | Serious |
| 103 | 10(3) | 262(1)(k) | Send, convey, import or export prepackaged fish, other than a consumer prepackaged fish, whose label does not bear a declaration of net quantity | Minor |
| 104 | 10(3) | 265 | Send, convey, import or export fish, other than a consumer prepackaged fish, that is in a hermetically sealed package and is commercially sterile whose label does not bear the required declaration of net quantity on the principal display panel | Minor |
| 105 | 10(3) | 266 | Import a prepackaged fish or send, convey or export such an imported fish whose label does not bear the name of the foreign state of origin | Minor |
| 106 | 10(3) | 268(1)(b) | Send, convey, import or export prepackaged fresh fruits or vegetables, other than consumer prepackaged fresh fruits or vegetables, whose label does not bear a declaration of net quantity | Minor |
| 107 | 10(3) | 269(1) | Import prepackaged fresh fruits or vegetables or send, convey or export such imported fresh fruits or vegetables whose label does not show the prescribed information in the prescribed manner on the principal display panel | Minor |
| 108 | 10(3) | 272(1)(a) | Send, convey, import or export a prepackaged processed fruit or vegetable product, other than a consumer prepackaged processed fruit or vegetable product, whose label does not bear a declaration of net quantity in metric units on the principal display panel | Minor |
| 109 | 10(3) | 272(1)(n) | Send, convey, import or export sauerkraut with preservative, or a fruit juice that is in a non-hermetically sealed package, whose label does not bear the prescribed expression | Minor |
| 110 | 10(3) | 274(1) | Import a prepackaged processed fruit or vegetable product or send, convey or export such an imported product, whose label does not bear the name of the foreign state where the product was packaged | Minor |
| 111 | 10(3) | 275(1)(a) | Send, convey, import or export prepackaged graded honey, other than consumer prepackaged graded honey, whose label does not bear a declaration of net quantity in the prescribed manner | Minor |
| 112 | 10(3) | 276 | Send, convey or export prepackaged honey that is produced in Canada and that is graded in accordance with the Safe food for Canadians Regulations whose label does not bear the prescribed expression | Minor |
| 113 | 10(3) | 277(1) | Import prepackaged honey or send, convey or export such imported honey whose label does not bear the prescribed information in the prescribed manner | Minor |
| 114 | 10(3) | 278 | Send, convey or export consumer prepackaged honey that is packaged from imported honey and that is graded in accordance with the Safe food for Canadians Regulations whose label does not bear the prescribed information in the prescribed manner | Minor |
| 115 | 10(3) | 279(1) | Send, convey or export prepackaged honey that is a blend of imported honey and Canadian honey and that is graded in accordance with the Safe food for Canadians Regulations whose label does not bear one of the prescribed expression | Minor |
| 116 | 10(3) | 279(2) | Send, convey or export prepackaged honey that is a blend of imported honey and Canadian honey and that is graded in accordance with the Safe food for Canadians Regulations whose label does not show the states of origin in the prescribed manner | Minor |
| 117 | 10(3) | 280(1) | Send, convey, import or export a prepackaged maple product, other than a consumer prepackaged maple product, whose label does not bear a declaration of net quantity in metric units | Minor |
| 118 | 10(3) | 281 | Import a prescribed prepackaged maple product or send, convey or export such an imported product whose label does not bear the name of the foreign state of origin | Minor |
| 119 | 10(3) | 282(1)(a) | Send, convey or export an edible meat product that is not prepackaged that does not bear the prescribed inspection legend | Minor |
| 120 | 10(3) | 282(1)(b) | Send, convey, import or export an imported edible meat product that is not prepackaged that does not bear the official inspection mark of the foreign state of origin | Minor |
| 121 | 10(3) | 286(a) | Send, convey, import or export a prepackaged edible meat product, other than a consumer prepackaged edible meat product, whose label does not bear the declaration of net quantity on the principle display panel or does bear such a declaration but it is not shown in the prescribed manner | Minor |
| 122 | 10(3) | 286(b) | Send, convey, import or export a prepackaged edible meat product whose label does not bear the prescribed statement on the principal display panel | Minor |
| 123 | 10(3) | 287(1)(a) | Send, convey or export a prepackaged edible meat product whose label does not bear the prescribed inspection legend | Minor |
| 124 | 10(3) | 287(1)(b) | Send, convey, import or export an imported prepackaged edible meat product whose label does not bear the official inspection mark of the foreign state of origin | Minor |
| 125 | 10(3) | 287(2) | Send, convey, import or export a prepackaged edible meat product, other than a consumer prepackaged meat product, that does not bear the inspection legend or the official inspection mark of the foreign state of origin on the principal display panel | Minor |
| 126 | 10(3) | 290 | Send, convey, import or export an edible meat product whose label bears a word or expression indicating or suggesting that it is a ready-to-eat product, without meeting the prescribed requirements | Minor |
| 127 | 10(3) | 291 | Send, convey, import or export a prepackaged edible meat product that is not a ready-to-eat product but could be mistaken for one, that does not bear the prescribed information on the principal display panel in the prescribed manner | Minor |
| 128 | 10(3) | 297(1) | Import an edible meat product or send, convey or export such an imported product whose label does not bear the prescribed information in the prescribed manner | Minor |
| 129 | 13(1) | 342 | Package or label an organic product to be sent or conveyed without holding the required certificate | Serious |
| 130 | 10(3) | 353(1)(a) | Send or convey a food commodity that is not an organic product and that shows a prescribed expression on its label, or advertise it using such an expression | Minor |
| 131 | 10(3) | 353(1)(b) | Send or convey a multi-ingredient food commodity that does not contain at least 95% organic products and that shows a prescribed expression on its label or advertise it using such an expression | Minor |
| 132 | 10(3) | 353(2) | Send or convey a multi-ingredient food commodity that contains less than 95% organic products and that shows a referred expression on its label, or advertise it using such an expression, without that expression being on the label in the prescribed manner | Minor |
| 133 | 10(3) | 354(a) | Send or convey a food commodity that shows a referred expression on the label without its label also bearing the prescribed information | Minor |
| 134 | 10(3) | 354(b) | Import a food commodity that shows a referred expression on the label without its label also bearing the prescribed information | Minor |
| 135 | 10(3) | 354(c) | Import, send or convey a multi-ingredient food commodity that shows a referred expression on its label without its label also bearing the prescribed information in the prescribed manner | Minor |
| 136 | 10(3) | 354(d) | Import a food commodity on which the referred product legend is applied on its label and on which a referred expression is shown on the label, without its label also bearing the prescribed information in the prescribed manner | Minor |
| 137 | 10(3) | 355(1) | Send, convey or import a food commodity whose label shows a referred expression or information on its label but does not show the expression or information in both official languages | Minor |
| 138 | 10(3) | 357(1) | Import a food commodity that is labelled with a referred expression, or advertised using such expression, without meeting the prescribed requirements | Minor |
DIVISION 2Safe Food for Canadians Regulations(SOR/2018-108)
| Column 1 | Column 2 | Column 3 | |
|---|---|---|---|
| Item | Provision of Safe Food for Canadians Regulations | Short-form Description | Classification |
| 1 | 8(2) | Without authorization, mix a contaminated food with other food | Very serious |
| 2 | 9(1) | Send, convey, import or export a food for which a standard is prescribed that does not meet that standard | Serious |
| 3 | 9(2) | Send, convey, import or export a food that is likely to be mistaken for a food for which a standard is prescribed but that does not meet that standard | Serious |
| 4 | 12(1) | Import a referred food for which the importer does not have a fixed place of business in Canada without meeting the prescribed requirements | Serious |
| 5 | 13(1) | Fail to provide the prescribed import information to the Minister related to a food | Serious |
| 6 | 13(2) | Fail to provide the prescribed import information or any required document to the Minister at the prescribed time | Serious |
| 7 | 14(1)(a) | Fail to immediately deliver an imported edible meat product to a prescribed establishment, to keep it there until a further inspection is completed or to provide its address to the inspector in the prescribed case | Very serious |
| 8 | 14(1)(b) | Fail to keep an imported food other than an edible meat product at its first destination until the further inspection is completed | Very serious |
| 9 | 31(1) | Fail to conduct an activity identified in a licence in the establishment identified in the licence for that activity | Very serious |
| 10 | 31(2) | Fail to conduct an activity identified in a licence in respect of a food animal or a meat product during an approved work shift and during which inspection services are provided | Very serious |
| 11 | 47(1) | Fail to identify or analyze the biological, chemical and physical hazards that present a risk of contamination of a food | Very serious |
| 12 | 47(2) | Fail to prevent or eliminate or reduce to an acceptable level the biological, chemical and physical hazards that present a risk of contamination of a food using prescribed control measures | Very serious |
| 13 | 47(3) | Fail to identify or analyze the biological, chemical and physical hazards that present a risk of contamination of an imported food or fail to prevent or eliminate or reduce to an acceptable level those hazards using control measures that are shown to be effective | Very serious |
| 14 | 48(1) | Fail to apply the prescribed scheduled process to a low-acid food packaged in a hermetically sealed package or to use a prescribed temperature-sensitive indicator if a batch thermal treatment is applied | Very serious |
| 15 | 48(3)(a) | Fail to prepare documents that set out the prescribed information for each low-acid food | Serious |
| 16 | 48(3)(b) | Fail to prepare documents that set out the prescribed information for each application of the scheduled process to a low-acid food | Serious |
| 17 | 48(4) | Fail to keep the documents that set out the required information for three years | Serious |
| 18 | 49 and 50(1) | Fail to maintain or operate an establishment in such a manner that the establishment, and any conveyance or equipment in it, that is used in connection with a prescribed activity are clean and in a sanitary condition | Serious |
| 19 | 49 and 50(2) | Fail to maintain or operate an establishment in such a manner that the cleaning and sanitation of the establishment, and of any conveyance or equipment in it, that is used in connection with a prescribed activity are conducted in the prescribed manner | Very serious |
| 20 | 49 and 51(1) | Fail to maintain or operate an establishment in such a manner that it is protected against the entry of any animal that presents a risk of contamination of a food | Very serious |
| 21 | 49 and 51(2) | Fail to maintain or operate an establishment in such a manner that no animal is in a facility or conveyance where a prescribed activity is conducted unless the prescribed requirements are met | Serious |
| 22 | 49 and 51(3) | Fail to maintain or operate an establishment in such a manner that the prescribed measures taken present no risk of contamination of a food | Very serious |
| 23 | 49 and 52(a) | Fail to maintain or operate an establishment in such a manner that any sanitizer, agronomic input or non-food chemical agent in it is properly and clearly identified | Minor |
| 24 | 49 and 52(b) | Fail to maintain or operate an establishment in such a manner that any sanitizer, agronomic input or non-food chemical agent in it is suitable for its intended use and does not present a risk of contamination of a food | Serious |
| 25 | 49 and 52(c) | Fail to maintain or operate an establishment in such a manner that any sanitizer, agronomic input or non-food chemical agent in it is handled and used in the prescribed manner | Serious |
| 26 | 49 and 53 | Fail to maintain or operate an establishment in such a manner that any conveyance or equipment that is used in the conduct of a prescribed activity meets the prescribed requirements | Serious |
| 27 | 49 and 54 | Fail to maintain or operate an establishment in such a manner that any conveyance or equipment in it that is used to handle contaminated materials, waste or any other inedible thing meets the prescribed requirements | Very serious |
| 28 | 49 and 55 | Fail to maintain or operate an establishment where food animals are slaughtered in such a manner that it has equipment for restraining the animals during their handling, assessment, ante-mortem examination or inspection | Minor |
| 29 | 49 and 56(1) | Fail to maintain or operate an establishment where the land that forms part of it presents a risk of contamination of the food in such a manner that measures are taken to eliminate such a risk | Serious |
| 30 | 49 and 56(2) | Fail to maintain or operate an establishment where the establishment is located near a place or thing that presents a risk of contamination of a food in such a manner that measures are taken to eliminate such a risk | Serious |
| 31 | 49 and 57 | Fail to maintain or operate an establishment in such a manner that the interior of any facility or conveyance where a prescribed activity is conducted meets the prescribed requirements | Very serious |
| 32 | 49 and 58(1) | Fail to maintain or operate an establishment where food animals are slaughtered in such a manner that it has separate areas for taking the prescribed measures | Serious |
| 33 | 49 and 58(2) | Fail to maintain or operate an establishment where food animals are slaughtered in such a manner that it has an enclosed area for the handling of inedible meat products | Very serious |
| 34 | 49 and 58(3) | Fail to maintain or operate an establishment where food animals are slaughtered in such a manner that the floors, ramps, gangways and chutes provide secure footing and do not present a risk of injury to the animals during their movement | Serious |
| 35 | 49 and 59(1) | Fail to maintain or operate an establishment in such a manner that a facility or conveyance where a prescribed activity is conducted is designed, constructed and maintained in the prescribed manner | Serious |
| 36 | 49 and 59(2) | Fail to maintain or operate an establishment in such a manner that the movement of persons and things within, into and out of a facility or conveyance does not present a risk of contamination of the food | Serious |
| 37 | 49 and 60 | Fail to maintain or operate an establishment in such a manner that physical or other effective means are used to separate incompatible activities in the prescribed manner | Very serious |
| 38 | 49 and 61 | Fail to maintain or operate an establishment in such a manner that physical or other effective means are used to separate a food from a prescribed thing | Very serious |
| 39 | 49 and 62(1) | Fail to maintain or operate an establishment in such a manner that any prescribed food is identified and placed in a designated area when it arrives at the establishment | Very serious |
| 40 | 49 and 62(2) | Fail to maintain or operate an establishment in such a manner that all necessary measures are taken to prevent contamination of any food in the establishment by any prescribed food | Very serious |
| 41 | 49 and 63(1) | Fail to maintain or operate an establishment in such a manner that it is equipped with natural or artificial lighting that is appropriate for the food or for the food animal that is intended to be slaughtered and for the activity being conducted | Serious |
| 42 | 49 and 63(2) | Fail to maintain or operate an establishment in such a manner that the light fixtures meet the prescribed requirements | Serious |
| 43 | 49 and 64 | Fail to maintain or operate an establishment in such a manner that a facility or conveyance where a prescribed activity is conducted is equipped with a ventilation system that meets the prescribed requirements | Serious |
| 44 | 49 and 65(1) | Fail to maintain or operate an establishment in such a manner that the temperature and humidity level in a facility or conveyance where a prescribed activity is conducted are maintained in the prescribed manner | Serious |
| 45 | 49 and 65(2) | Fail to maintain or operate an establishment in such a manner that the heating, cooling or humidity-control system of the facility or conveyance, when equipped with such system, meets the prescribed requirements | Serious |
| 46 | 49 and 66(1) | Fail to maintain or operate an establishment in such a manner that it has means for the removal and disposal of contaminated materials and waste, and in the prescribed circumstance, be equipped with a drainage, sewage and plumbing system that functions as intended | Very serious |
| 47 | 49 and 66(2) | Fail to maintain or operate an establishment in such a manner that contaminated materials and waste are removed and disposed of in the prescribed manner | Very serious |
| 48 | 49 and 67(1) | Fail to maintain or operate an establishment in such a manner that it is equipped with hand cleaning and sanitizing stations, lavatories, showers, drinking water stations, break rooms and change rooms in the prescribed manner when it is necessary to prevent the contamination of a food | Serious |
| 49 | 49 and 67(2) | Fail to maintain or operate an establishment in such a manner that the hand cleaning and sanitizing stations that are required are effective for cleaning hands | Serious |
| 50 | 49 and 67(3) | Fail to maintain or operate an establishment in such a manner that the lavatories that are required do not present a risk of contamination of food | Serious |
| 51 | 49 and 68 | Fail to maintain or operate an establishment in such a manner that an area that meets the prescribed requirements is provided to an inspector at their request | Very serious |
| 52 | 49 and 70(1) | Fail to maintain or operate an establishment in such a manner that any water that might come into contact with a food meets the prescribed requirements | Very serious |
| 53 | 49 and 70(2) | Fail to maintain or operate an establishment in such a manner that any steam or ice that might come into contact with a food is made from water that meets the prescribed requirements | Very serious |
| 54 | 49 and 70(3) | Fail to maintain or operate an establishment in such a manner that any system that supplies water that meets the referred requirements is cross-connected with any other system in the prescribed manner | Very serious |
| 55 | 49 and 70(4) | Fail to maintain or operate an establishment in such a manner that any water or other source of hydration provided to a food animal that is to be slaughtered meets the prescribed requirements | Very serious |
| 56 | 49 and 71(1) | Fail to maintain or operate an establishment in such a manner that it is supplied with water, steam and ice in the prescribed manner | Very serious |
| 57 | 49 and 71(2) | Fail to maintain or operate an establishment in such a manner that any treatment of water, steam or ice is applied in the prescribed manner | Very serious |
| 58 | 49 and 72 | Fail to maintain or operate an establishment in such a manner that any conveyance used to convey a food to or from the establishment that is unloaded or loaded at the establishment meets the prescribed requirements | Very serious |
| 59 | 49 and 73 | Fail to maintain or operate an establishment in such a manner that any unloading and loading of a food or a food animal to be slaughtered from or onto a conveyance is conducted in the prescribed manner | Very serious |
| 60 | 49 and 74(1) | Fail to maintain or operate an establishment in such a manner that any storing of a food is conducted in the prescribed manner | Very serious |
| 61 | 49 and 74(2) | Fail to maintain or operate an establishment in such a manner that the storing of a prescribed thing is conducted in the prescribed manner | Very serious |
| 62 | 49 and 75 | Fail to maintain or operate an establishment in such a manner that any person who is involved in a prescribed activity has the necessary competencies and qualifications | Very serious |
| 63 | 49 and 76 | Fail to maintain or operate an establishment in such a manner that any person who enters or is in an area where a prescribed activity is conducted wears clothing, footwear and protective coverings that meet the prescribed requirements | Serious |
| 64 | 49 and 77 | Fail to maintain or operate an establishment in such a manner that any person who enters or is in an area where a prescribed activity is conducted maintains personal cleanliness in the prescribed manner | Serious |
| 65 | 49 and 78 | Fail to maintain or operate an establishment in such a manner that any person who enters or is in an area where a prescribed activity is conducted refrains from doing a prescribed act | Serious |
| 66 | 49 and 79 | Fail to maintain or operate an establishment in such a manner that any person who enters or is in an area where a prescribed activity is conducted refrains from wearing or using an object or substance that presents a risk of contamination of the food | Serious |
| 67 | 49 and 81 | Fail to maintain or operate an establishment in such a manner that a person who is suffering from or who is a known carrier of a communicable disease or who has an open or infected lesion is prevented from entering or being in an area of an establishment where a prescribed activity is conducted | Very Serious |
| 68 | 75 | Fail to have the necessary competencies or qualifications to carry out their duties when being involved in a prescribed activity | Very serious |
| 69 | 76 | Fail to wear clothing, footwear or protective coverings that meet the prescribed requirements when entering or being in an area where a prescribed activity is conducted | Serious |
| 70 | 77 | Fail to maintain personal cleanliness as prescribed when entering or when in an area where a prescribed activity is conducted | Serious |
| 71 | 78 | Do a prescribed act when entering or being in an area where a prescribed activity is conducted | Serious |
| 72 | 79 | Wear or use any object or substance that presents a risk of contamination of the food when entering or being in an area where a prescribed activity is conducted | Serious |
| 73 | 80 | Fail to report to the operator a disease or illness, symptoms of a disease or illness or an open or infected lesion | Very serious |
| 74 | 82(1) | Fail to immediately investigate in the prescribed circumstances | Very serious |
| 75 | 82(1) and 85 | Fail to immediately investigate in respect of an imported food in the prescribed circumstances | Very serious |
| 76 | 82(2) | Fail to immediately notify the Minister that the investigation has established that the food presents a risk of injury to human health or to immediately take action to mitigate the risk | Very serious |
| 77 | 82(2) and 85 | Fail to immediately notify the Minister that the investigation in respect of an imported food has established that the imported food presents a risk of injury to human health or to immediately take action to mitigate the risk | Very serious |
| 78 | 83(1) | Fail to prepare, keep or maintain a document setting out the procedure for receiving, investigating and responding to complaints in relation to a food | Serious |
| 79 | 83(1) and 85 | Fail to prepare, keep or maintain a document setting out the procedure for receiving, investigating and responding to complaints in relation to imported food | Serious |
| 80 | 83(2) | On receipt of a complaint in relation to a food, fail to implement the required procedure, to prepare a document setting out the prescribed information or to keep the document for the prescribed two years | Serious |
| 81 | 83(2) and 85 | On receipt of a complaint in respect of an imported food, fail to implement the required procedure, to prepare a document setting out the prescribed information or to keep the document for the prescribed two years | Serious |
| 82 | 84(1) | Fail to prepare, keep or maintain a document that sets out a procedure that enables the effective recall of a food and the name of the prescribed contact persons | Serious |
| 83 | 84(1) and 85 | Fail to prepare, keep or maintain a document that sets out a procedure that enables the effective recall of an imported food and the name of the prescribed contact persons | Serious |
| 84 | 84(2)(a) | Fail to conduct a recall simulation based on the recall procedure in respect of food at least once every 12 months | Minor |
| 85 | 84(2)(a) and 85 | Fail to conduct a recall simulation based on the recall procedure in respect of imported food at least once every 12 months | Minor |
| 86 | 84(2)(b) | Fail to prepare a document that sets out the prescribed information or to keep that document for the prescribed two years | Minor |
| 87 | 84(2)(b) and 85 | Fail to prepare a document that sets out the prescribed information in respect of imported food or to keep that document for the prescribed two years | Minor |
| 88 | 84(3) | Fail to immediately notify the Minister when a food should be recalled because it presents a risk of injury to human health | Serious |
| 89 | 84(3) and 85 | Fail to immediately notify the Minister when an imported food should be recalled because it presents a risk of injury to human health | Serious |
| 90 | 84(4) | Fail to take the prescribed measures when a food is the subject of a recall | Serious |
| 91 | 84(4) and 85 | Fail to take the prescribed measures when an imported food is the subject of a recall | Serious |
| 92 | 86(1) | Fail to prepare, keep or maintain a written preventive control plan that meets the prescribed requirements for any activity that is identified in the licence | Very serious |
| 93 | 87 | Fail to prepare, keep or maintain a written preventive control plan that meets the prescribed requirements for any activity conducted in respect of fresh fruits or vegetables in the prescribed circumstances | Very serious |
| 94 | 88 | Fail to implement the required preventive control plan | Very serious |
| 95 | 90(1) | Fail to prepare or keep documents setting out the prescribed information with respect to a food in the prescribed circumstances | Very serious |
| 96 | 90(2) | Fail to prepare or keep documents setting out the required information with respect to a food sold at retail | Very serious |
| 97 | 90(3) | Fail to keep the referred documents for the prescribed two years or to make them accessible in Canada | Very serious |
| 98 | 91(1) | Fail to provide the Minister with any referred document requested by the Minister or any part of such a document in the prescribed manner | Very serious |
| 99 | 92(1) | Provide to a person a food that does not have a label bearing the required information applied or attached to it or that does not have such a label accompanying the food | Very serious |
| 100 | 98(2) | Remove imported ungraded eggs from a referred establishment without meeting the prescribed requirements | Serious |
| 101 | 100 | Apply ink that does not meet the prescribed requirements to an egg’s shell | Serious |
| 102 | 101 | Fail to clean, sanitize or dry plastic trays before sending them to an egg producer | Serious |
| 103 | 105(1)(a) | Import live, freshwater mitten crab of the genus Eriocheir | Very serious |
| 104 | 105(1)(b) | Import a puffer fish of the family Tetraodontidae | Very serious |
| 105 | 108 | Fail to protect from dehydration or oxidation frozen fish stored in a conveyance | Minor |
| 106 | 128 | Fail to handle a food animal at the establishment in the prescribed manner, or subject it to conditions that may cause avoidable suffering, injury or death | Serious |
| 107 | 129(1) | Hit a food animal with a whip, prod or any other object | Serious |
| 108 | 129(2) | Apply an electric prod to a food animal without meeting the prescribed requirements | Serious |
| 109 | 130(1) | Fail to assess whether a food animal is showing signs of suffering or injury on its arrival at the establishment | Serious |
| 110 | 130(2) | Fail to monitor a food animal on a regular basis after its arrival at the establishment in the prescribed manner | Serious |
| 111 | 130(3) | Fail to immediately take corrective action if the prescribed conditions exist | Serious |
| 112 | 130(4) | Fail to immediately take a prescribed measure in respect of a food animal that is showing signs of suffering | Very serious |
| 113 | 131(a) | Fail to monitor a game animal on a regular basis in the prescribed manner | Serious |
| 114 | 131(b) | Fail to immediately take corrective action if the prescribed conditions exist in respect of a game animal | Serious |
| 115 | 131(c) | Fail to immediately take a prescribed measure in respect of a game animal that is showing signs of suffering | Very serious |
| 116 | 132(a) | Fail to segregate different species of food animals | Serious |
| 117 | 132(b) | Fail to segregate or isolate a sick or injured food animal in the prescribed circumstances | Serious |
| 118 | 132(c) | Fail to isolate a food animal for any of the prescribed causes | Serious |
| 119 | 133 | Fail to provide a food animal with sufficient space in the prescribed manner | Very serious |
| 120 | 134 | Fail to provide a food animal with sufficient ventilation in the prescribed manner | Very serious |
| 121 | 135(1) | Handle a food animal without meeting the prescribed requirements | Serious |
| 122 | 135(2) | Fail to use equipment or an area of an establishment for the prescribed purposes that is designed, constructed or maintained in the prescribed manner | Serious |
| 123 | 136(1) | Fail to provide a prescribed food animal that is unloaded from a conveyance at an establishment with water or another source of hydration or with feed in the prescribed manner | Very serious |
| 124 | 136(2) | Fail to provide a food animal that is confined in a crate with water or another source of hydration or with feed in the prescribed manner | Very serious |
| 125 | 137(1) | Fail to notify a veterinary inspector before removing a food animal from an establishment | Serious |
| 126 | 137(2) | Fail to notify a veterinary inspector before keeping a food animal in an establishment for more than seven days | Serious |
| 127 | 138(1) | Fail to conduct, within 24 hours before slaughter of a food animal, an ante-mortem examination of that animal or of a sample from the shipment that the food animal is part of in the prescribed manner or fail to examine the referred documents in the prescribed manner | Serious |
| 128 | 138(2) | Fail to hold for inspection by a veterinary inspector a food animal suspected of showing a deviation from normal behaviour, physiology or appearance | Very serious |
| 129 | 139(1) | Fail to present to a veterinary inspector or to an inspector under the supervision of a veterinary inspector for ante-mortem inspection, in the prescribed manner, within 24 hours before slaughter of a food animal, the food animal or a sample from the shipment that the food animal is part of, or in respect of the prescribed food animals, to present the referred documents in the prescribed manner | Serious |
| 130 | 139(2) | Fail to hold a food animal for inspection by a veterinary inspector in the prescribed circumstances | Very serious |
| 131 | 140 | Fail to take, in the prescribed circumstance, the prescribed measures in respect of a food animal, its carcass or its blood | Very serious |
| 132 | 141 | Fail to use one of the prescribed methods to render a food animal unconscious or to slaughter it before bleeding it | Very serious |
| 133 | 142 | Cut the carcass of a food animal after bleeding has started when the animal shows signs of sensibility that may indicate a potential return to consciousness | Very serious |
| 134 | 143(1) | Suspend a food animal without meeting the prescribed requirements | Very serious |
| 135 | 144 | Ritually slaughter a food animal without meeting the prescribed requirements | Very serious |
| 136 | 145(1) | Fail to dress the carcass of a food animal in the prescribed manner after the animal is bled | Serious |
| 137 | 146 | Fail to remove any blood clot, bone splinter or extraneous matter from the carcass of a food animal or from its parts or fail to identify what was removed as inedible | Serious |
| 138 | 147 | Process the blood of a food animal without meeting the prescribed requirements | Serious |
| 139 | 148 | Fail to identify the blood of a food animal that is collected to be processed as an edible meat product or the parts of a carcass of the food animal in order to correlate them with the carcass of the food animal from which they were removed until the completion of the post-mortem inspection or examination | Serious |
| 140 | 149(1) | Fail to present to a veterinary inspector or to an inspector under the supervision of a veterinary inspector, for post-mortem inspection, a carcass, its parts or any blood of the food animal that is collected | Very serious |
| 141 | 149(2) | Without authorization, remove from a carcass, before a post-mortem inspection is completed, any part that shows a deviation from normal appearance in the prescribed circumstances | Very serious |
| 142 | 150(1) | Fail to subject a carcass, its parts or the blood of the food animal that is collected to a post-mortem examination in the prescribed manner in the prescribed circumstance | Very serious |
| 143 | 150(2) | Fail to subject a carcass, its parts or the blood of the food animal that is collected to a post-mortem screening or to implement the necessary measures with respect to any defects of the carcass or its parts, in the prescribed manner in the prescribed circumstance | Very serious |
| 144 | 152 | Fail to identify as inedible, in the prescribed circumstance, any meat product that is derived from a carcass of a food animal, its parts or its blood | Very serious |
| 145 | 153 | Fail to identify as inedible a prescribed carcass, its parts or its blood | Very serious |
| 146 | 154(2) | Fail to identify as inedible a meat product that is treated as inedible | Very serious |
| 147 | 155(1) | Fail to move directly a meat product that is condemned or identified as inedible to the referred inedible products area | Very serious |
| 148 | 155(2) | Fail to take one of the prescribed measures in respect of a meat product that is moved to the inedible products area | Very serious |
| 149 | 155(3) | Fail to keep a meat product that is, contains or is derived from a specified risk material in a separate area of the inedible products area or fail to handle or destroy it in accordance with the prescribed requirements | Very serious |
| 150 | 165(1) | Fail to obtain documents containing the prescribed information from the prescribed person before slaughtering a prescribed food animal | Very serious |
| 151 | 165(4) | Fail to keep the prescribed documents for the prescribed one year | Very serious |
| 152 | 166(1) | Fail to prepare or keep documents setting out the prescribed information in respect of the prescribed food animals | Very serious |
| 153 | 166(2) | Fail to keep the prescribed documents for the prescribed one year | Very serious |
| 154 | 202 | Sell a consumer prepackaged food whose label bears a prescribed word or expression or an abbreviation, symbol or phonetic rendering of a prescribed word or expression without the food meeting the prescribed standard | Serious |
| 155 | 214 and 203(1) | Sell a prepackaged food with an item of information on the label that does not meet the prescribed requirements even if it is not prescribed that this information be on the label | Minor |
| 156 | 214 and 206(1) | Sell a referred consumer prepackaged food whose label does not bear the required information in both official languages | Minor |
| 157 | 214 and 208 | Sell a prepackaged food whose label does not bear the required information in the prescribed manner | Minor |
| 158 | 214 and 218(1)(a) | Sell a prepackaged food whose label does not bear the common name of the food on the principal display panel | Serious |
| 159 | 214 and 218(1)(b) | Sell a prepackaged food whose label does not bear the name and principal place of business of the person by whom or for whom the food was manufactured, prepared, produced, stored, packaged or labelled on the prescribed part | Serious |
| 160 | 214 and 218(1)(c) | Sell a prepackaged food whose label does not bear the prescribed information | Very serious |
| 161 | 214 and 221 | Sell a consumer prepackaged food whose label does not bear the declaration of net quantity on its principal display panel | Minor |
| 162 | 214 and 222 | Sell a consumer prepackaged food whose label bears a reference to the place of manufacture of the label or container but does not bear the prescribed additional statement | Minor |
| 163 | 214 and 223(1) | Sell a consumer prepackaged food wholly manufactured, processed or produced in a foreign state, whose label does not show the prescribed information in the prescribed manner | Minor |
| 164 | 214 and 223(2) | Sell a consumer prepackaged food whose food has been wholly manufactured, processed or produced in a foreign state, that has been packaged in Canada and whose label does not show the prescribed information in the prescribed manner | Minor |
| 165 | 214 and 223(3) | Sell a consumer prepackaged food whose label does not show the geographic origin of the food in the prescribed manner | Minor |
| 166 | 214 and 224(1) | Sell a consumer prepackaged food to which a flavouring ingredient is added and whose label does not bear the prescribed statement in the prescribed circumstances | Minor |
| 167 | 214 and 224(2) | Sell a consumer prepackaged food to which a flavouring ingredient is added and whose label does not bear the required statement at the prescribed location | Minor |
| 168 | 214 and 225 | Sell a prepackaged food whose label is not applied or attached to it in such a manner that the label is still applied or attached at the time the food is sold | Minor |
| 169 | 214 and 226 | Sell a consumer prepackaged food whose label is not applied or attached to the container in the prescribed manner | Minor |
| 170 | 214 and 227(1) | Sell a consumer prepackaged food that does not have all or part of the label applied to the principal display surface | Minor |
| 171 | 214 and 229(1) | Sell a consumer prepackaged food whose prescribed information is not shown on the label in characters of at least the minimum prescribed height | Minor |
| 172 | 214 and 230 | Sell a consumer prepackaged food whose declaration of net quantity shown on the label does not meet the prescribed requirements | Minor |
| 173 | 214 and 231(a) | Sell a referred consumer prepackaged food whose declaration of net quantity is not shown on the label by volume, weight or numerical count in the prescribed manner | Minor |
| 174 | 214 and 231(b) | Sell a referred consumer prepackaged food whose declaration of net quantity is not shown on the label in the prescribed manner | Minor |
| 175 | 214 and 232 | Sell a consumer prepackaged food whose declaration of net quantity is not shown on the label in metric units | Minor |
| 176 | 214 and 233(1) | Sell a consumer prepackaged food whose metric units shown on the label in the declaration of net quantity are not in the prescribed units | Minor |
| 177 | 214 and 239 | Sell a prescribed consumer prepackaged food sold as one unit, whose declaration of net quantity does not show the prescribed information on the label | Minor |
| 178 | 215 | Advertise a consumer prepackaged food that does not have a label applied or attached to it in the prescribed manner | Minor |
| 179 | 216 | Make a representation with respect to net quantity in the advertising for a consumer prepackaged food other than in the prescribed manner | Minor |
| 180 | 240 | Apply or attach to a consumer prepackaged food a label that bears a representation with respect to the number of servings it contains that does not bear a declaration of net quantity of each serving in the prescribed manner | Minor |
| 181 | 367 | Without authorization, remove a detention tag | Very serious |
| 182 | 369 | Fail to store at their expense and under the prescribed conditions the seized thing | Serious |
- SOR/2002-183, s. 1
- SOR/2003-256, ss. 2 to 4
- SOR/2003-385, ss. 1, 2
- SOR/2004-40, s. 1
- SOR/2005-190, ss. 2 to 4
- SOR/2008-183, ss. 1(F), 2 to 8
- SOR/2014-173, s. 1
- SOR/2016-226, ss. 10 to 57, 58(F), 59 to 71, 72(E), 73 to 80
- SOR/2019-94, s. 2
SCHEDULE 2(Subsection 5(3))
Penalty Adjustments
| Column 1 | Column 2 | |
|---|---|---|
| Item | Total Gravity Value | Penalty Adjustment |
| 1 | 1 | Reduce penalty 50% |
| 2 | 2 | Reduce penalty 40% |
| 3 | 3 | Reduce penalty 30% |
| 4 | 4 | Reduce penalty 20% |
| 5 | 5 | Reduce penalty 10% |
| 6 | 6-10 | Do not adjust penalty |
| 7 | 11 | Increase penalty 10% |
| 8 | 12 | Increase penalty 20% |
| 9 | 13 | Increase penalty 30% |
| 10 | 14 | Increase penalty 40% |
| 11 | 15 | Increase penalty 50% |
SCHEDULE 3(Section 6)Total Gravity Value
PART 1
History
| Column 1 | Column 2 | |
|---|---|---|
| Item | Gravity Value | History |
| 1 | 0 | No previous violation under, or conviction for an offence committed under, agri-food Acts in the five years before the day on which the violation subject to the assessment is committed |
| 2 | 3 | One previous minor or serious violation has been committed under agri-food Acts in the five years before the day on which the violation subject to the assessment is committed |
| 3 | 5 | The history in the five years preceding the day on which the violation subject to the assessment is committed is other than the history set out in item 1 or 2. |
PART 2
Intent or Negligence
| Column 1 | Column 2 | |
|---|---|---|
| Item | Gravity Value | Intent or Negligence |
| 1 | 0 | The violation subject to the assessment is committed without intent or negligence. |
| 2 | 0 | The person who commits the violation subject to the assessment makes a voluntary disclosure of the violation and takes necessary steps to prevent its re-occurrence. |
| 3 | 3 | The violation subject to the assessment is committed through a negligent act. |
| 4 | 5 | The violation subject to the assessment is committed through an intentional act. |
PART 3
Harm
| Column 1 | Column 2 | |
|---|---|---|
| Item | Gravity Value | Harm |
| 1 | 1 | The violation subject to the assessment causes or could cause minor harm to
|
| 2 | 3 | The violation subject to the assessment could cause
|
| 3 | 5 | The violation subject to the assessment causes
|
- SOR/2010-215, s. 2
- SOR/2012-64, s. 1
- SOR/2014-173, s. 2
- SOR/2016-226, s. 81
- Date modified: