Canada Agricultural Products Act (R.S.C., 1985, c. 20 (4th Supp.))
NATIONAL TRADE-MARKS
15. Every agricultural product legend and every grade name is a national trade-mark and the exclusive property in the trade-mark and, subject to this Act, the right to the use of the trade-mark are hereby vested in Her Majesty in right of Canada.
16. No person shall
(a) apply or use a legend, word, mark, symbol or design or any combination thereof that resembles an agricultural product legend or a grade name; or
(b) market, or possess for the purpose of marketing, an agricultural product to which there is applied or in connection with which there is used a legend, word, mark, symbol or design or any combination thereof that resembles an agricultural product legend or a grade name.
TRADE IN AGRICULTURAL PRODUCTS
17. No person shall, except in accordance with this Act or the regulations,
(a) market an agricultural product in import, export or interprovincial trade;
(b) possess an agricultural product for the purpose of marketing it in import, export or interprovincial trade; or
(c) possess an agricultural product that has been marketed in contravention of this Act or the regulations.
18. In any proceedings for a contravention of section 16 or 17, a person found in possession of an agricultural product in a quantity greater than is ordinarily necessary for a person’s own consumption shall be deemed, in the absence of evidence to the contrary, to have been in possession of the product for the purpose of marketing it.
- R.S., 1985, c. 20 (4th Supp.), s. 18;
- 1995, c. 40, s. 37.
ADMINISTRATIVE OFFICERS
19. (1) The President of the Canadian Food Inspection Agency may designate inspectors, analysts and graders under section 13 of the Canadian Food Inspection Agency Act for the purposes of this Act.
(1.1) The President of the Canada Border Services Agency may designate inspectors under paragraph 9(2)(b) of the Canada Border Services Agency Act for the purposes of enforcing this Act.
(2) Inspectors shall be given certificates in a form established by the President of the Canadian Food Inspection Agency or the President of the Canada Border Services Agency, as the case may be, attesting to their designation and, on entering any place under this Act, an inspector shall show the certificate to the person in charge of the place on request.
(3) [Repealed, 1997, c. 6, s. 39]
(4) No person shall obstruct or hinder, or make any false or misleading statement either orally or in writing to, an inspector, analyst or grader who is carrying out duties or functions under this Act or the regulations.
(5) Except as authorized by an inspector, no person shall remove, alter or interfere in any way with a thing seized or detained under this Act or the regulations.
- R.S., 1985, c. 20 (4th Supp.), s. 19;
- 1997, c. 6, s. 39;
- 2005, c. 38, s. 33.
