A.01.044. (1) Where a person seeks to import a food or drug into Canada for sale and the sale would constitute a violation of the Act or these Regulations, that person may, if the sale of the food or drug would be in conformity with the Act and these Regulations after its relabelling or modification, import it into Canada on condition that
(a) the person gives to an inspector notice of the proposed importation; and
(b) the food or drug will be relabelled or modified as may be necessary to enable its sale to be lawful in Canada.
(2) No person shall sell a food or drug that has been imported into Canada under subsection (1) unless the food or drug has been relabelled or modified within three months after the importation or within such longer period as may be specified by
(a) in the case of a drug, the Director; or
(b) in the case of food, the Director or the President of the Canadian Food Inspection Agency.
- SOR/92-626, s. 3;
- SOR/95-548, s. 5;
- SOR/2000-184, s. 61;
- SOR/2000-317, s. 18.
A.01.045. A certificate referred to in section 37 of the Act shall be signed and issued by the exporter in the form set out in Appendix III.
- SOR/80-318, s. 1;
- SOR/90-814, s. 2.
A.01.050. When taking a sample of an article pursuant to paragraph 23(1)(a) of the Act, an inspector shall inform the owner thereof or the person from whom the sample is being obtained of the inspector’s intention to submit the sample or a part thereof to an analyst for analysis or examination, and
(a) where, in the opinion of the inspector, division of the procured quantity would not interfere with analysis or examination
(i) divide the quantity into three parts,
(ii) identify the three parts as the owner’s portion, the sample, and the duplicate sample and where only one part bears the label, that part shall be identified as the sample,
(iii) seal each part in such a manner that it cannot be opened without breaking the seal, and
(iv) deliver the part identified as the owner’s portion to the owner or the person from whom the sample was obtained and forward the sample and the duplicate sample to an analyst for analysis or examination; or
(b) where, in the opinion of the inspector, division of the procured quantity would interfere with analysis or examination
(i) identify the entire quantity as the sample,
(ii) seal the sample in such a manner that it cannot be opened without breaking the seal, and
(iii) forward the sample to an analyst for analysis or examination.
- SOR/90-814, s. 3.
A.01.051. Where the owner or the person from whom the sample was obtained objects to the procedure followed by an inspector under section A.01.050 at the time the sample was obtained, the inspector shall follow both procedures set out in that section if the owner or the person from whom the sample was obtained supplies him with a sufficient quantity of the article.
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