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

Act current to 2016-11-21 and last amended on 2016-07-17. Previous Versions

Marginal note:Deception, etc., regarding food
  •  (1) No person shall label, package, treat, process, sell or advertise any food in a manner that is false, misleading or deceptive or is likely to create an erroneous impression regarding its character, value, quantity, composition, merit or safety.

  • Marginal note:Food labelled or packaged in contravention of regulations

    (2) An article of food that is not labelled or packaged as required by, or is labelled or packaged contrary to, the regulations shall be deemed to be labelled or packaged contrary to subsection (1).

  • R.S., c. F-27, s. 5.
Marginal note:Importation and interprovincial movement of food
  •  (1) Where a standard for a food has been prescribed, no person shall

    • (a) import into Canada,

    • (b) send, convey or receive for conveyance from one province to another, or

    • (c) have in possession for the purpose of sending or conveying from one province to another

    any article that is intended for sale and that is likely to be mistaken for that food unless the article complies with the prescribed standard.

  • Marginal note:Not applicable to carriers

    (2) Paragraphs (1)(b) and (c) do not apply to an operator of a conveyance that is used to carry an article or to a carrier of an article whose sole concern, in respect of the article, is the conveyance of the article unless the operator or carrier could, with reasonable diligence, have ascertained that the conveying or receiving for conveyance of the article or the possession of the article for the purpose of conveyance would be in contravention of subsection (1).

  • Marginal note:Labelling, etc., of food that is imported or moved interprovincially

    (3) Where a standard for a food has been prescribed, no person shall label, package, sell or advertise any article that

    • (a) has been imported into Canada,

    • (b) has been sent or conveyed from one province to another, or

    • (c) is intended to be sent or conveyed from one province to another

    in such a manner that it is likely to be mistaken for that food unless the article complies with the prescribed standard.

  • R.S., 1985, c. F-27, s. 6;
  • R.S., 1985, c. 27 (3rd Supp.), s. 1.
Marginal note:Governor in Council may identify standard or portion thereof
  •  (1) The Governor in Council may, by regulation, identify a standard prescribed for a food, or any portion of the standard, as being necessary to prevent injury to the health of the consumer or purchaser of the food.

  • Marginal note:Where standard or portion thereof is identified

    (2) Where a standard or any portion of a standard prescribed for a food is identified by the Governor in Council pursuant to subsection (1), no person shall label, package, sell or advertise any article in such a manner that it is likely to be mistaken for that food unless the article complies with the standard or portion of a standard so identified.

  • R.S., 1985, c. 27 (3rd Supp.), s. 1.
Marginal note:Unsanitary manufacture, etc., of food

 No person shall manufacture, prepare, preserve, package or store for sale any food under unsanitary conditions.

  • R.S., c. F-27, s. 7.

Drugs

Marginal note:Prohibited sales of drugs

 No person shall sell any drug that

  • (a) was manufactured, prepared, preserved, packaged or stored under unsanitary conditions; or

  • (b) is adulterated.

  • R.S., c. F-27, s. 8.
Marginal note:Deception, etc., regarding drugs
  •  (1) No person shall label, package, treat, process, sell or advertise any drug in a manner that is false, misleading or deceptive or is likely to create an erroneous impression regarding its character, value, quantity, composition, merit or safety.

  • Marginal note:Drugs labelled or packaged in contravention of regulations

    (2) A drug that is not labelled or packaged as required by, or is labelled or packaged contrary to, the regulations shall be deemed to be labelled or packaged contrary to subsection (1).

  • R.S., c. F-27, s. 9.
Marginal note:Where standard prescribed for drug
  •  (1) Where a standard has been prescribed for a drug, no person shall label, package, sell or advertise any substance in such a manner that it is likely to be mistaken for that drug, unless the substance complies with the prescribed standard.

  • Marginal note:Trade standards

    (2) Where a standard has not been prescribed for a drug, but a standard for the drug is contained in any publication referred to in Schedule B, no person shall label, package, sell or advertise any substance in such a manner that it is likely to be mistaken for that drug, unless the substance complies with the standard.

  • Marginal note:Where no prescribed or trade standard

    (3) Where a standard for a drug has not been prescribed and no standard for the drug is contained in any publication referred to in Schedule B, no person shall sell the drug unless

    • (a) it is in accordance with the professed standard under which it is sold; and

    • (b) it does not resemble, in a manner likely to deceive, any drug for which a standard has been prescribed or is contained in any publication referred to in Schedule B.

  • R.S., c. F-27, s. 10.
Marginal note:Unsanitary manufacture, etc., of drug

 No person shall manufacture, prepare, preserve, package or store for sale any drug under unsanitary conditions.

  • R.S., c. F-27, s. 11.
Marginal note:Drugs not to be sold unless safe manufacture indicated

 No person shall sell any drug described in Schedule C or D unless the Minister has, in prescribed form and manner, indicated that the premises in which the drug was manufactured and the process and conditions of manufacture therein are suitable to ensure that the drug will not be unsafe for use.

  • R.S., c. F-27, s. 12.
Marginal note:Drugs not to be sold unless safe batch indicated

 No person shall sell any drug described in Schedule E unless the Minister has, in prescribed form and manner, indicated that the batch from which the drug was taken is not unsafe for use.

  • R.S., c. F-27, s. 13.
Marginal note:Samples
  •  (1) No person shall distribute or cause to be distributed any drug as a sample.

  • Marginal note:Exception

    (2) Subsection (1) does not apply to the distribution, under prescribed conditions, of samples of drugs to physicians, dentists, veterinary surgeons or pharmacists.

  • R.S., c. F-27, s. 14.
Marginal note:Schedule F drugs not to be sold

 No person shall sell any drug described in Schedule F.

  • R.S., c. F-27, s. 15.

Cosmetics

Marginal note:Prohibited sales of cosmetics

 No person shall sell any cosmetic that

  • (a) has in or on it any substance that may cause injury to the health of the user when the cosmetic is used,

    • (i) according to the directions on the label or accompanying the cosmetic, or

    • (ii) for such purposes and by such methods of use as are customary or usual therefor;

  • (b) consists in whole or in part of any filthy or decomposed substance or of any foreign matter; or

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

  • R.S., c. F-27, s. 16.
Marginal note:Where standard prescribed for cosmetic

 Where a standard has been prescribed for a cosmetic, no person shall label, package, sell or advertise any article in such a manner that it is likely to be mistaken for that cosmetic, unless the article complies with the prescribed standard.

  • R.S., c. F-27, s. 17.
Marginal note:Unsanitary conditions

 No person shall manufacture, prepare, preserve, package or store for sale any cosmetic under unsanitary conditions.

  • R.S., c. F-27, s. 18.
 
Date modified: