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

Marginal note:Interim orders

• 30.1 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Act if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health, safety or the environment.

• Marginal note:Cessation of effect

  (2) An interim order has effect from the time that it is made but ceases to have effect on the earliest of

  • (a) 14 days after it is made, unless it is approved by the Governor in Council,

  • (b) the day on which it is repealed,

  • (c) the day on which a regulation made under this Act, that has the same effect as the interim order, comes into force, and

  • (d) one year after the interim order is made or any shorter period that may be specified in the interim order.

• Marginal note:Contravention of unpublished order

  (3) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it.

• Marginal note:Exemption from Statutory Instruments Act

  (4) An interim order

  • (a) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; and

  • (b) shall be published in the Canada Gazette within 23 days after it is made.

• Marginal note:Deeming

  (5) For the purpose of any provision of this Act other than this section, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision.

• Marginal note:Tabling of order

  (6) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made.

• Marginal note:House not sitting

  (7) In order to comply with subsection (6), the interim order may be sent to the Clerk of the House if the House is not sitting.

Marginal note:Interim marketing authorization

• 30.2 (1) The Minister may issue an interim marketing authorization for a food that provides for any matter referred to in subsection (2), and may exempt the food from the application, in whole or in part, of sections 5 to 6.1 and the applicable requirements of the regulations, if the Minister determines that the food would not be harmful to the health of the purchaser or consumer.

• Marginal note:Types of authorization

  (2) An authorization may provide for any of the following that are applicable to the food:

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

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

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

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

• Marginal note:Limitation

  (3) An authorization may provide for a maximum residue limit in respect of an agricultural chemical or veterinary drug, or a maximum level of use in respect of a food additive, only if

  • (a) in the case of an agricultural chemical, the regulations allow the agricultural chemical and its components or derivatives, singly or in any combination, to be present in or on a food at or below a prescribed maximum residue limit and the authorization would allow the agricultural chemical and its components or derivatives, singly or in any combination, to be present in or on the food in an amount that exceeds that limit, or to be present in or on a different food;

  • (b) in the case of a veterinary drug, the regulations allow the veterinary drug and its metabolites, singly or in any combination, to be present in a food at or below a prescribed maximum residue limit and the authorization would allow the veterinary drug and its metabolites, singly or in any combination, to be present in the food in an amount that exceeds that limit, or to be present in a different food; and

  • (c) in the case of a food additive, the regulations allow the food additive to be present in or on a food at or below a prescribed maximum level of use and the authorization would allow it to be used in or on the food in an amount that exceeds that level of use, or would allow it to be used in or on a different food.

• Marginal note:Terms and conditions

  (4) An authorization may contain any terms and conditions specified by the Minister.

• Marginal note:Exemption from Statutory Instruments Act

  (5) An authorization and any notice cancelling the authorization

  • (a) are exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; and

  • (b) shall be published in the Canada Gazette.

• Marginal note:When effective

  (6) An authorization has effect beginning on the day on which it is published in the Canada Gazette, and ceases to have effect on the earliest of

  • (a) the day on which a notice cancelling the authorization is published in the Canada Gazette,

  • (b) the day on which a regulation made under this Act, that has the same effect as the authorization, comes into force, and

  • (c) two years after the day on which the authorization is published.