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

Act current to 2014-10-27 and last amended on 2014-10-23. Previous Versions

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.
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.