Food and Drugs Act (R.S.C., 1985, c. F-27)

Act current to 2016-05-12 and last amended on 2014-11-06. Previous Versions

Food and Drugs Act

R.S.C., 1985, c. F-27

An Act respecting food, drugs, cosmetics and therapeutic devices

Short Title

Marginal note:Short title

 This Act may be cited as the Food and Drugs Act.

  • R.S., c. F-27, s. 1.

Interpretation

Marginal note:Definitions

 In this Act,

advertisement

advertisement includes any representation by any means whatever for the purpose of promoting directly or indirectly the sale or disposal of any food, drug, cosmetic or device; (publicité ou annonce)

analyst

analyst means a person designated as an analyst for the purpose of the enforcement of this Act under section 28 or under section 13 of the Canadian Food Inspection Agency Act; (analyste)

confidential business information

confidential business information, in respect of a person to whose business or affairs the information relates, means — subject to the regulations — business information

  • (a) that is not publicly available,

  • (b) in respect of which the person has taken measures that are reasonable in the circumstances to ensure that it remains not publicly available, and

  • (c) that has actual or potential economic value to the person or their competitors because it is not publicly available and its disclosure would result in a material financial loss to the person or a material financial gain to their competitors; (renseignements commerciaux confidentiels)

contraceptive device

contraceptive device means any instrument, apparatus, contrivance or substance other than a drug, that is manufactured, sold or represented for use in the prevention of conception; (moyen anticonceptionnel)

cosmetic

cosmetic includes any substance or mixture of substances manufactured, sold or represented for use in cleansing, improving or altering the complexion, skin, hair or teeth, and includes deodorants and perfumes; (cosmétique)

Department

Department means the Department of Health; (ministère)

device

device means an instrument, apparatus, contrivance or other similar article, or an in vitro reagent, including a component, part or accessory of any of them, that is manufactured, sold or represented for use in

  • (a) diagnosing, treating, mitigating or preventing a disease, disorder or abnormal physical state, or any of their symptoms, in human beings or animals,

  • (b) restoring, modifying or correcting the body structure of human beings or animals or the functioning of any part of the bodies of human beings or animals,

  • (c) diagnosing pregnancy in human beings or animals,

  • (d) caring for human beings or animals during pregnancy or at or after the birth of the offspring, including caring for the offspring, or

  • (e) preventing conception in human beings or animals;

however, it does not include such an instrument, apparatus, contrivance or article, or a component, part or accessory of any of them, that does any of the actions referred to in paragraphs (a) to (e) solely by pharmacological, immunological or metabolic means or solely by chemical means in or on the body of a human being or animal; (instrument)

drug

drug includes any substance or mixture of substances manufactured, sold or represented for use in

  • (a) the diagnosis, treatment, mitigation or prevention of a disease, disorder or abnormal physical state, or its symptoms, in human beings or animals,

  • (b) restoring, correcting or modifying organic functions in human beings or animals, or

  • (c) disinfection in premises in which food is manufactured, prepared or kept; (drogue)

food

food includes any article manufactured, sold or represented for use as food or drink for human beings, chewing gum, and any ingredient that may be mixed with food for any purpose whatever; (aliment)

inspector

inspector means any person designated as an inspector for the purpose of the enforcement of this Act under subsection 22(1) or under section 13 of the Canadian Food Inspection Agency Act; (inspecteur)

label

label includes any legend, word or mark attached to, included in, belonging to or accompanying any food, drug, cosmetic, device or package; (étiquette)

Minister

Minister means the Minister of Health; (ministre)

package

package includes any thing in which any food, drug, cosmetic or device is wholly or partly contained, placed or packed; (emballage)

prescribed

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

sell

sell includes offer for sale, expose for sale, have in possession for sale and distribute, whether or not the distribution is made for consideration; (vente)

therapeutic product

therapeutic product means a drug or device or any combination of drugs and devices, but does not include a natural health product within the meaning of the Natural Health Products Regulations; (produit thérapeutique)

therapeutic product authorization

therapeutic product authorization means an authorization — including a licence and a suspended authorization or licence — that is issued under the regulations and that authorizes, as the case may be, the import, sale, advertisement, manufacture, preparation, preservation, packaging, labelling, storage or testing of a therapeutic product; (autorisation relative à un produit thérapeutique)

unsanitary conditions

unsanitary conditions means such conditions or circumstances as might contaminate with dirt or filth, or render injurious to health, a food, drug or cosmetic. (conditions non hygiéniques)

  • R.S., 1985, c. F-27, s. 2;
  • R.S., 1985, c. 27 (1st Supp.), s. 191;
  • 1992, c. 1, s. 145(F);
  • 1993, c. 34, s. 71;
  • 1994, c. 26, s. 32(F), c. 38, s. 18;
  • 1995, c. 1, s. 63;
  • 1996, c. 8, ss. 23.1, 32, 34;
  • 1997, c. 6, s. 62;
  • 2014, c. 24, s. 2.

PART IFoods, Drugs, Cosmetics and Devices

General

Marginal note:Prohibited advertising
  •  (1) No person shall advertise any food, drug, cosmetic or device to the general public as a treatment, preventative or cure for any of the diseases, disorders or abnormal physical states referred to in Schedule A.

  • Marginal note:Prohibited label or advertisement where sale made

    (2) No person shall sell any food, drug, cosmetic or device

    • (a) that is represented by label, or

    • (b) that the person advertises to the general public

    as a treatment, preventative or cure for any of the diseases, disorders or abnormal physical states referred to in Schedule A.

  • Marginal note:Unauthorized advertising of contraceptive device prohibited

    (3) Except as authorized by regulation, no person shall advertise to the general public any contraceptive device or any drug manufactured, sold or represented for use in the prevention of conception.

  • R.S., 1985, c. F-27, s. 3;
  • 1993, c. 34, s. 72(F).

Food

Marginal note:Prohibited sales of food
  •  (1) No person shall sell an article of food that

    • (a) has in or on it any poisonous or harmful substance;

    • (b) is unfit for human consumption;

    • (c) consists in whole or in part of any filthy, putrid, disgusting, rotten, decomposed or diseased animal or vegetable substance;

    • (d) is adulterated; or

    • (e) was manufactured, prepared, preserved, packaged or stored under unsanitary conditions.

  • Marginal note:Exemption

    (2) A food does not have a poisonous or harmful substance in or on it for the purposes of paragraph (1)(a) — or is not adulterated for the purposes of paragraph (1)(d) — by reason only that it has in or on it a pest control product as defined in subsection 2(1) of the Pest Control Products Act, or any of its components or derivatives, if the amount of the pest control product or the components or derivatives in or on the food being sold does not exceed the maximum residue limit specified under section 9 or 10 of that Act.

  • R.S., 1985, c. F-27, s. 4;
  • 2005, c. 42, s. 1;
  • 2012, c. 19, s. 412.
 
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