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

Act current to 2017-05-11 and last amended on 2016-12-12. Previous Versions

Marginal note:Powers of inspectors
  •  (1) Subject to subsection (1.1), an inspector may at any reasonable time enter any place where the inspector believes on reasonable grounds any article to which this Act or the regulations apply is manufactured, prepared, preserved, packaged or stored, and may

    • (a) examine any such article and take samples thereof, and examine anything that the inspector believes on reasonable grounds is used or capable of being used for that manufacture, preparation, preservation, packaging or storing;

    • (a.1) enter any conveyance that the inspector believes on reasonable grounds is used to carry any article to which section 6 or 6.1 applies and examine any such article found therein and take samples thereof;

    • (b) open and examine any receptacle or package that the inspector believes on reasonable grounds contains any article to which this Act or the regulations apply;

    • (c) examine and make copies of, or extracts from, any books, documents or other records found in any place referred to in this subsection that the inspector believes on reasonable grounds contain any information relevant to the enforcement of this Act with respect to any article to which this Act or the regulations apply; and

    • (d) seize and detain for such time as may be necessary any article by means of or in relation to which the inspector believes on reasonable grounds any provision of this Act or the regulations has been contravened.

  • Marginal note:Warrant required to enter dwelling-house

    (1.1) Where any place mentioned in subsection (1) is a dwelling-house, an inspector may not enter that dwelling-house without the consent of the occupant except under the authority of a warrant issued under subsection (1.2).

  • Marginal note:Authority to issue warrant

    (1.2) Where on ex parte application a justice of the peace is satisfied by information on oath

    • (a) that the conditions for entry described in subsection (1) exist in relation to a dwelling-house,

    • (b) that entry to the dwelling-house is necessary for any purpose relating to the administration or enforcement of this Act, and

    • (c) that entry to the dwelling-house has been refused or that there are reasonable grounds for believing that entry thereto will be refused,

    the justice of the peace may issue a warrant under his hand authorizing the inspector named therein to enter that dwelling-house subject to such conditions as may be specified in the warrant.

  • Marginal note:Use of force

    (1.3) In executing a warrant issued under subsection (1.2), the inspector named therein shall not use force unless the inspector is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.

  • Definition of article to which this Act or the regulations apply

    (2) In subsection (1), article to which this Act or the regulations apply includes

    • (a) any food, drug, cosmetic or device;

    • (b) anything used for the manufacture, preparation, preservation, packaging or storing thereof; and

    • (c) any labelling or advertising material.

  • Marginal note:Assistance and information to be given inspector

    (3) The owner or person in charge of a place entered by an inspector pursuant to subsection (1) and every person found therein shall give the inspector all reasonable assistance and furnish the inspector with any information he may reasonably require.

  • R.S., 1985, c. F-27, s. 23;
  • R.S., 1985, c. 31 (1st Supp.), s. 11, c. 27 (3rd Supp.), s. 2.
Marginal note:Obstruction and false statements
  •  (1) No person shall obstruct or hinder, or knowingly make any false or misleading statement either orally or in writing to, an inspector while the inspector is engaged in carrying out his duties or functions under this Act or the regulations.

  • Marginal note:Interference

    (2) Except with the authority of an inspector, no person shall remove, alter or interfere in any way with anything seized under this Part.

  • R.S., c. F-27, ss. 22, 37.
Marginal note:Storage, movement and disposal

 An inspector may, in respect of any article seized under this Part,

  • (a) on notice to its owner or the person having possession, care or control of it at the time of its seizure, store it or move it at the expense of the person to whom the notice is given;

  • (b) order its owner or the person having possession, care or control of it at the time of its seizure to store it or move it at the expense of the person being so ordered; or

  • (c) order its owner or the person having possession, care or control of it at the time of its seizure to dispose of it at the expense of the person being so ordered — or, on notice to its owner or the person having possession, care or control of it at the time of its seizure, dispose of it at the expense of the person to whom the notice is given — if

    • (i) the article is perishable, or

    • (ii) the inspector is of the opinion that the article presents a risk of injury to health or safety and that its disposal is necessary to respond to the risk.

  • R.S., 1985, c. F-27, s. 25;
  • 2016, c. 9, s. 5.
Marginal note:Release of seized articles

 An inspector who has seized any article under this Part shall release it when he is satisfied that all the provisions of this Act and the regulations with respect thereto have been complied with.

  • R.S., c. F-27, ss. 23, 37.
Marginal note:Unclaimed seized articles
  •  (1) An article seized under this Part is, at the election of the Minister or the Minister of Agriculture and Agri-Food, forfeited to Her Majesty in right of Canada if

    • (a) within 60 days after the seizure, no person is identified in accordance with the regulations, if any, as its owner or as the person entitled to possess it; or

    • (b) its owner or the person having possession, care or control of it at the time of its seizure does not claim it within 60 days after the day on which they are notified that an inspector has released it.

  • Marginal note:Disposal

    (2) A seized article that is forfeited under subsection (1) may be disposed of, as the Minister or the Minister of Agriculture and Agri-Food may direct, at the expense of its owner or the person having possession, care or control of it at the time of its seizure.

  • 2016, c. 9, s. 6.
Marginal note:Forfeiture with consent
  •  (1) If an inspector has seized an article under this Part and its owner or the person having possession, care or control of it at the time of its seizure consents to its forfeiture, the article is forfeited to Her Majesty in right of Canada and may be disposed of as the Minister or the Minister of Agriculture and Agri-Food may direct, at the expense of its owner or the person having possession, care or control of the article at the time of its seizure.

  • Marginal note:Forfeiture — offence

    (2) If a person has been convicted of a contravention of this Act or the regulations, the court or judge may, in addition to any punishment imposed, order that any article by means of or in relation to which the offence was committed, and any thing of a similar nature belonging to or in the possession, care or control of the person or found with the article, be forfeited. On the making of the order, the article and thing are forfeited to Her Majesty in right of Canada and may be disposed of as the Minister or the Minister of Agriculture and Agri-Food may direct, at the expense of the person who has been convicted.

  • Marginal note:Order for forfeiture on application of inspector

    (3) Without prejudice to subsection (2), a judge of a superior court of the province in which any article is seized under this Part may, on the application of an inspector and on any notice to those persons that the judge directs, order that the article and any thing of a similar nature found with it be forfeited to Her Majesty in right of Canada, if the judge finds, after making any inquiry that the judge considers necessary, that the article is one by means of or in relation to which a provision of this Act or the regulations has been contravened. On the making of the order, the article or thing may be disposed of as the Minister or the Minister of Agriculture and Agri-Food may direct, at the expense of the owner of the article or the person having possession, care or control of it at the time of its seizure.

  • R.S., 1985, c. F-27, s. 27;
  • 1992, c. 1, s. 145(F);
  • 1994, c. 38, s. 19;
  • 1995, c. 1, s. 62;
  • 1996, c. 8, s. 23.2;
  • 1997, c. 6, s. 64;
  • 2016, c. 9, s. 6.

Removal, Forfeiture or Destruction of Unlawful Imports

Marginal note:Unlawful imports
  •  (1) An inspector who has reasonable grounds to believe that an imported food, drug, cosmetic or device does not meet the requirements of the regulations or was imported in contravention of a provision of this Act or the regulations may decide whether to give the owner or importer, or the person having possession, care or control of the food, drug, cosmetic or device, the opportunity to take a measure in respect of it.

  • Marginal note:Factors

    (2) In making a decision under subsection (1), the inspector shall consider, among other factors:

    • (a) whether the food, drug, cosmetic or device presents a risk of injury to health or safety; and

    • (b) any other prescribed factors.

  • Marginal note:Duty of inspector

    (3) If the inspector decides under subsection (1) not to give the owner or importer, or the person having possession, care or control of the food, drug, cosmetic or device the opportunity to take a measure in respect of it, the inspector shall exercise, in respect of the food, drug, cosmetic or device, any of the powers conferred by the provisions of this Act, other than this section, or of the regulations.

  • Marginal note:Measures that may be taken and notice

    (4) However, if the inspector decides under subsection (1) to give the owner or importer, or the person having possession, care or control of the food, drug, cosmetic or device the opportunity to take a measure in respect of it, the inspector, or any other inspector who is informed of the decision, shall decide whether the owner or importer, or the person having possession, care or control of it may remove it from Canada at their expense, consent to its forfeiture or take either of these measures, and shall notify or cause to be notified the owner or importer, or the person having possession, care or control of the food, drug, cosmetic or device that they may take that measure within the period specified by the inspector or other inspector, as the case may be.

  • Marginal note:Forfeiture

    (5) If a person is notified under subsection (4) that they may consent to the forfeiture of the food, drug, cosmetic or device and the person consents to its forfeiture, the food, drug, cosmetic or device is forfeited to Her Majesty in right of Canada and may be disposed of, as the Minister may direct, at the person’s expense.

  • 2016, c. 9, s. 6.
 
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