Dairy Products Regulations (SOR/79-840)

Regulations are current to 2013-05-26 and last amended on 2012-12-14. Previous Versions

  • 78. (1) An inspector shall, after detaining a dairy product or any other thing in accordance with subsection 77(1), forthwith deliver or mail a notice of detention

    • (a) to the person having the care or custody of the dairy product or other thing at the place where it was seized and to the person having the care or custody of the dairy product or other thing at the place where it is being detained;

    • (b) to the owner of the dairy product or other thing that was seized, or to the owner’s agent; and

    • (c) where the dairy product or other thing is removed from the place where it was seized to another place in accordance with subsection 19(5) or 25(1) of the Act, to the person having the care or custody of the dairy product or other thing at that other place.

  • (2) A notice of detention referred to in subsection (1) shall state that the dairy product or other thing was seized and detained pursuant to section 23 of the Act and shall set out

    • (a) the detention tag identification number;

    • (b) a description of the dairy product or other thing;

    • (c) the reason for the seizure and detention;

    • (d) the date of the seizure and detention;

    • (e) the name of the inspector, in block letters, and the signature of the inspector;

    • (f) the place of detention; and

    • (g) the telephone number to call for further information in respect of the seizure and detention.

  • SOR/90-111, s. 7.

79. A dairy product or other thing detained under section 23 of the Act shall be detained under storage conditions appropriate to the preservation of the dairy product or other thing.

  • SOR/88-88, s. 11;
  • SOR/89-16, s. 3;
  • SOR/90-111, s. 7.

80. If an inspector releases a dairy product or other thing after determining that it meets the requirements of the Act and these Regulations, the inspector shall deliver or mail one copy of a notice of release to each of the persons to whom a copy of a notice of detention referred to in subsection 78(1) was delivered or mailed.

  • SOR/90-111, s. 7;
  • SOR/2000-317, s. 13.

Forfeiture and Disposal

[SOR/91-558, s. 5]

  • 81. (1) Any dairy product or other thing forfeited under subsection 28(1) of the Act shall be disposed of in the manner ordered by the court directing the forfeiture and, if no order for the disposition of the dairy product or other thing is made by that court, the dairy product or other thing shall be disposed of in the following manner:

    • (a) in the case of a dairy product that is edible, it shall be

      • (i) sold and the proceeds deposited to the credit of the Receiver General, or

      • (ii) donated to a charitable institution;

    • (b) in the case of a dairy product that is inedible, it shall be

      • (i) sold for preparation as animal food or as a non-food product, and the proceeds deposited to the credit of the Receiver General, or

      • (ii) disposed of or destroyed; and

    • (c) in the case of a thing other than a dairy product, it shall be sold and the proceeds deposited to the credit of the Receiver General.

  • (2) Any dairy product or other thing forfeited under subsection 28(2) of the Act shall be disposed of in the manner set out in subsection (1).

  • SOR/90-111, s. 7;
  • SOR/91-558, s. 6;
  • SOR/95-548, s. 2;
  • SOR/2000-317, s. 14(F).