(a) at the time it was prepared for export, the country from which it originated and any country in which it was processed had meat inspection systems, those systems and the relevant establishments in those countries were approved in writing by the Minister before that time and the approvals were valid at that time;
(b) that person provides an inspector with evidence satisfactory to the Minister that it meets the prescribed standards for imported meat products;
(c) it meets the prescribed standards for imported meat products; and
(d) it is packaged and labelled in the manner prescribed.
Marginal note:Delivery for inspection
(2) Every person who imports a meat product into Canada shall, as soon as possible, deliver it, in its imported condition, to a registered establishment for inspection by an inspector.
Marginal note:Compliance with requirements and standards
(3) No person shall have in his possession an imported meat product that the person knows
Marginal note:Advertising, sale and possession of imported meat products
Marginal note:Advertising, sale and possession of other meat products
(2) No person shall advertise or sell or have in his possession for any such purpose a meat product
(a) that has been sent or conveyed from one province to another, or
(b) to which the meat inspection legend has been applied or in connection with which the meat inspection legend has been used,
unless the meat product complies with prescribed standards and is packaged and labelled in the manner prescribed.
Marginal note:Presumption of prohibited possession
11 (1) In any proceedings for a violation or for an offence under paragraph 5(b) or 6(b) or section 10, an accused found in possession of a meat product that did not comply with any provision of this Act or the regulations shall be deemed, in the absence of evidence to the contrary, to have had possession of the meat product for the purpose of advertising or selling it.
(2) The presumption under subsection (1) does not apply to a person in possession of a meat product for the person’s own consumption.
- R.S., 1985, c. 25 (1st Supp.), s. 11;
- 1995, c. 40, s. 65.
Marginal note:Designation of inspectors
Marginal note:Certificate to be produced
(2) Inspectors shall be given certificates in a form established by the President of the Canadian Food Inspection Agency or the President of the Canada Border Services Agency, as the case may be, attesting to their designation and, on entering any place or vehicle referred to in subsection 13(1), an inspector shall, if so required, produce the certificate to the person in charge of that place or vehicle.
- R.S., 1985, c. 25 (1st Supp.), s. 12;
- 1997, c. 6, s. 73;
- 2005, c. 38, s. 122.
Marginal note:Powers of inspectors
13 (1) For the purposes of this Act and the regulations, an inspector may, subject to subsections (3) to (5), at any time enter any place or stop and enter any vehicle in which the inspector believes on reasonable grounds there is any meat product or other thing to which this Act applies and may
(a) open any package that the inspector believes on reasonable grounds does not comply with this Act or the regulations;
(b) inspect and take samples of any meat product or other thing that the inspector believes on reasonable grounds does not comply with this Act or the regulations; and
(c) require any person to produce for inspection, or for the purpose of obtaining copies or extracts, any book, shipping bill, bill of lading or other document or record that the inspector believes on reasonable grounds contains any information relevant to the administration or enforcement of this Act or the regulations.
Marginal note:Assistance to inspectors
(2) The owner or person in charge of a place or vehicle referred to in subsection (1) and every person found in that place or vehicle shall give the inspector all reasonable assistance to enable the inspector to carry out his duties and functions under this Act and shall furnish the inspector with any information the inspector may reasonably require with respect to the administration or enforcement of this Act and the regulations.
Marginal note:Warrant required to enter dwelling-house
(3) Where any place referred to 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 (4).
Marginal note:Authority to issue warrant
(4) 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
(5) In executing a warrant issued under subsection (4), 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.
Marginal note:Obstruction and false statements
14 (1) No person shall obstruct or hinder, or 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.
(2) Except with the authority of an inspector, no person shall remove, alter or interfere in any way with anything seized or detained under this Act by an inspector.
15 (1) Where an inspector believes on reasonable grounds that this Act or the regulations have been contravened, the inspector may seize and detain any meat product or other thing by means of or in relation to which the inspector believes on reasonable grounds the contravention was committed.
Marginal note:Storage and removal
(2) Any meat product or other thing seized and detained pursuant to subsection (1) may be stored by an inspector or any person designated by the inspector in the place where it was seized or may, at the inspector’s discretion, be removed to any other place for storage.
- R.S., 1985, c. 25 (1st Supp.), s. 15;
- 1995, c. 40, s. 66(F).
(a) the provisions of this Act and the regulations have, in the opinion of the inspector, been complied with, or
(b) the expiration of ninety days from the day of seizure or such longer period as may be prescribed with respect to the meat product or other thing,
unless before that time proceedings have been instituted in respect of a violation, or in respect of an offence under this Act, in relation to the meat product or other thing seized, in which case it may be detained until the proceedings are finally concluded.
Marginal note:Application for return
(2) Where proceedings referred to in subsection (1) have been instituted, the owner, or person in possession at the time of seizure, of anything that is the subject-matter of the proceedings, other than a meat product or anything bearing the meat inspection legend, may, subject to subsection 17(3), apply
(a) in the case of a violation, to the Tribunal, or
(b) in the case of an offence, to the court before which the proceedings are being held,
for an order that it be returned.
Marginal note:Order for return
(3) Where, on an application pursuant to subsection (2), the Tribunal or court is satisfied that sufficient evidence exists or may reasonably be obtained without detaining the thing that is the subject-matter of the proceedings, the Tribunal or court may order it to be returned to the applicant, subject to any condition the Tribunal or court may impose to ensure that it is preserved for any purpose for which it may subsequently be required.
- R.S., 1985, c. 25 (1st Supp.), s. 16;
- 1995, c. 40, s. 67.
- Date modified: