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

Act current to 2014-12-08 and last amended on 2014-11-06. Previous Versions

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 and removal

 Any article seized under this Part may, at the option of an inspector, be kept or stored in the building or place where it was seized or, at the direction of an inspector, the article may be removed to any other proper place.

  • R.S., c. F-27, ss. 22, 37.
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:Destruction with consent
  •  (1) Where an inspector has seized an article under this Part and its owner or the person in whose possession the article was at the time of seizure consents to its destruction, the article is thereupon forfeited to Her Majesty and may be destroyed or otherwise disposed of as the Minister or the Minister of Agriculture and Agri-Food may direct.

  • Marginal note:Forfeiture

    (2) Where a person has been convicted of a contravention of this Act or the regulations, the court or judge may 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 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 and may be disposed of as the Minister or the Minister of Agriculture and Agri-Food may direct.

  • 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 such notice to such persons as the judge directs, order that the article and any thing of a similar nature found with it be forfeited to Her Majesty, if the judge finds, after making such inquiry as the judge considers necessary, that the article is one by means of or in relation to which any of the provisions of this Act or the regulations have 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.

  • 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.