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

Act current to 2014-09-01 and last amended on 2013-06-19. Previous Versions

Marginal note:Marketing authorization — food
  •  (1) Subject to regulations made under paragraph 30(1)(r), the Minister may issue a marketing authorization that exempts — if the conditions to which the marketing authorization is subject are met — a food from the application, in whole or in part, of paragraph 4(1)(a) or (d) or section 6 or 6.1 or any provision of the regulations specified in the marketing authorization.

  • Marginal note:Condition — amount

    (2) The marketing authorization may be subject to any condition relating to the amount of any substance that may or must be in or on the food, including

    • (a) the maximum residue limit of an agricultural chemical and its components or derivatives, singly or in any combination;

    • (b) the maximum residue limit of a veterinary drug and its metabolites, singly or in any combination;

    • (c) the maximum level of use for a food additive; and

    • (d) the minimum or maximum level, or both, of a vitamin, a mineral nutrient or an amino acid.

  • Marginal note:Other conditions

    (3) The marketing authorization may be subject to any other condition that the Minister considers appropriate.

  • 2012, c. 19, s. 416.
Marginal note:Classes

 A marketing authorization may establish classes and distinguish among those classes.

  • 2012, c. 19, s. 416.

Incorporation by Reference

Marginal note:Incorporation by reference
  •  (1) A regulation made under this Act with respect to a food and a marketing authorization may incorporate by reference any document, regardless of its source, either as it exists on a particular date or as it is amended from time to time.

  • Marginal note:Accessibility of incorporated documents

    (2) The Minister shall ensure that any document that is incorporated by reference in the regulation or marketing authorization is accessible.

  • Marginal note:Defence

    (3) A person is not liable to be found guilty of an offence for any contravention in respect of which a document that is incorporated by reference in the regulation or marketing authorization is relevant unless, at the time of the alleged contravention, the document was accessible as required by subsection (2) or it was otherwise accessible to the person.

  • Marginal note:No registration or publication

    (4) For greater certainty, a document that is incorporated by reference in the regulation or marketing authorization is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference.

  • 2012, c. 19, s. 416.