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

Full Document:  

Act current to 2024-02-06 and last amended on 2023-12-22. Previous Versions

PART IFoods, Drugs, Cosmetics and Devices (continued)

General (continued)

Marginal note:Terms and conditions — clinical trial authorizations

 The holder of an authorization referred to in section 3.1 shall comply with any terms and conditions of the authorization that are imposed by the Minister under regulations made under paragraph 30(1)(b.3).

Marginal note:Duty to publicize clinical trial information

 The holder of an authorization referred to in section 3.1 shall ensure that prescribed information concerning the clinical trial is made public within the prescribed time and in the prescribed manner.

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

Marginal note:Importation and interprovincial movement of food

  •  (1) Where a standard for a food has been prescribed, no person shall

    • (a) import into Canada,

    • (b) send, convey or receive for conveyance from one province to another, or

    • (c) have in possession for the purpose of sending or conveying from one province to another

    any article that is intended for sale and that is likely to be mistaken for that food unless the article complies with the prescribed standard.

  • Marginal note:Not applicable to carriers

    (2) Paragraphs (1)(b) and (c) do not apply to an operator of a conveyance that is used to carry an article or to a carrier of an article whose sole concern, in respect of the article, is the conveyance of the article unless the operator or carrier could, with reasonable diligence, have ascertained that the conveying or receiving for conveyance of the article or the possession of the article for the purpose of conveyance would be in contravention of subsection (1).

  • Marginal note:Labelling, etc., of food that is imported or moved interprovincially

    (3) Where a standard for a food has been prescribed, no person shall label, package, sell or advertise any article that

    • (a) has been imported into Canada,

    • (b) has been sent or conveyed from one province to another, or

    • (c) is intended to be sent or conveyed from one province to another

    in such a manner that it is likely to be mistaken for that food unless the article complies with the prescribed standard.

  • R.S., 1985, c. F-27, s. 6
  • R.S., 1985, c. 27 (3rd Supp.), s. 1

Marginal note:Governor in Council may identify standard or portion thereof

  •  (1) The Governor in Council may, by regulation, identify a standard prescribed for a food, or any portion of the standard, as being necessary to prevent injury to the health of the consumer or purchaser of the food.

  • Marginal note:Where standard or portion thereof is identified

    (2) Where a standard or any portion of a standard prescribed for a food is identified by the Governor in Council pursuant to subsection (1), no person shall label, package, sell or advertise any article in such a manner that it is likely to be mistaken for that food unless the article complies with the standard or portion of a standard so identified.

  • R.S., 1985, c. 27 (3rd Supp.), s. 1

Marginal note:Unsanitary manufacture, etc., of food

 No person shall manufacture, prepare, preserve, package or store for sale any food under unsanitary conditions.

  • R.S., c. F-27, s. 7

Drugs

Marginal note:Prohibited sales of drugs

 No person shall sell any drug that

  • (a) was manufactured, prepared, preserved, packaged or stored under unsanitary conditions; or

  • (b) is adulterated.

  • R.S., c. F-27, s. 8

Marginal note:Deception, etc., regarding drugs

  •  (1) No person shall label, package, treat, process, sell or advertise any drug 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:Drugs labelled or packaged in contravention of regulations

    (2) A drug 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. 9

Marginal note:Where standard prescribed for drug

  •  (1) Where a standard has been prescribed for a drug, no person shall label, package, sell or advertise any substance in such a manner that it is likely to be mistaken for that drug, unless the substance complies with the prescribed standard.

  • Marginal note:Trade standards

    (2) Where a standard has not been prescribed for a drug, but a standard for the drug is contained in any publication referred to in Schedule B, no person shall label, package, sell or advertise any substance in such a manner that it is likely to be mistaken for that drug, unless the substance complies with the standard.

  • Marginal note:Where no prescribed or trade standard

    (3) Where a standard for a drug has not been prescribed and no standard for the drug is contained in any publication referred to in Schedule B, no person shall sell the drug unless

    • (a) it is in accordance with the professed standard under which it is sold; and

    • (b) it does not resemble, in a manner likely to deceive, any drug for which a standard has been prescribed or is contained in any publication referred to in Schedule B.

  • R.S., c. F-27, s. 10

Marginal note:Unsanitary manufacture, etc., of drug

 No person shall manufacture, prepare, preserve, package or store for sale any drug under unsanitary conditions.

  • R.S., c. F-27, s. 11

Marginal note:Drugs not to be sold unless safe manufacture indicated

 No person shall sell any drug described in Schedule C or D unless the Minister has, in prescribed form and manner, indicated that the premises in which the drug was manufactured and the process and conditions of manufacture therein are suitable to ensure that the drug will not be unsafe for use.

  • R.S., c. F-27, s. 12

Marginal note:Drugs not to be sold unless safe batch indicated

 No person shall sell any drug described in Schedule E unless the Minister has, in prescribed form and manner, indicated that the batch from which the drug was taken is not unsafe for use.

  • R.S., c. F-27, s. 13

Marginal note:Samples

 No person shall distribute or cause to be distributed any drug as a sample except in accordance with the regulations.

Marginal note:Schedule F drugs not to be sold

 No person shall sell any drug described in Schedule F.

  • R.S., c. F-27, s. 15

Cosmetics

Marginal note:Prohibited sales of cosmetics

 No person shall sell any cosmetic that

  • (a) has in or on it any substance that may cause injury to the health of the user when the cosmetic is used,

    • (i) according to the directions on the label or accompanying the cosmetic, or

    • (ii) for such purposes and by such methods of use as are customary or usual therefor;

  • (b) consists in whole or in part of any filthy or decomposed substance or of any foreign matter; or

  • (c) was manufactured, prepared, preserved, packaged or stored under unsanitary conditions.

  • R.S., 1985, c. F-27, s. 16
  • 2016, c. 9, s. 2(F)

Marginal note:Prohibited sales — animal testing

  •  (1) No person shall sell a cosmetic unless the person can establish the safety of the cosmetic without relying on data derived from a test conducted on an animal that could cause pain, suffering or injury, whether physical or mental, to the animal.

  • Marginal note:Exceptions

    (2) The prohibition in subsection (1) does not apply if

    • (a) the Government of Canada has published the data in a scientific journal or on a Government of Canada website;

    • (b) the data is publicly available and is derived from a test that was not sponsored by or conducted by or on behalf of a person who manufactures, imports or sells the cosmetic;

    • (c) the following conditions are met:

      • (i) the data is derived from a test that was conducted on a substance in order to meet

        • (A) a requirement under a provision of an Act of Parliament or any of its regulations that applied at the time that the test was conducted, except a requirement that relates only to cosmetics under a provision of this Act or the regulations, or

        • (B) a requirement that does not relate to cosmetics under the law that applied in a foreign state at the time that the test was conducted,

      • (ii) the substance is or has been used in a product that is not a cosmetic and that is or has been legally sold in the country where the requirement in question applied, and

      • (iii) the test was necessary to meet the requirement in order to sell the product in that country;

    • (d) the data is derived from a test that was conducted before the day on which this section comes into force;

    • (e) the cosmetic was sold in Canada at any time before the day on which this section comes into force; or

    • (f) any prescribed circumstance applies.

Marginal note:Prohibition — animal testing

 No person shall conduct a test on an animal that could cause pain, suffering or injury, whether physical or mental, to the animal if the purpose of the test is to meet, with respect to a cosmetic, a requirement under a provision of this Act or the regulations or to meet a requirement that relates to the safety of cosmetics under the law that applies in a foreign state.

Marginal note:Prohibited claims — animal testing

  •  (1) No person shall make a claim on the label of or in an advertisement for a cosmetic that is likely to create an impression that the cosmetic was not tested on animals after the day on which this section comes into force unless the person has evidence that no such testing occurred after that day.

  • Marginal note:Provision of evidence

    (2) A person who makes a claim described in subsection (1) shall, on the request of the Minister, provide the Minister with the evidence referred to in that subsection.

Marginal note:Where standard prescribed for cosmetic

 Where a standard has been prescribed for a cosmetic, no person shall label, package, sell or advertise any article in such a manner that it is likely to be mistaken for that cosmetic, unless the article complies with the prescribed standard.

  • R.S., c. F-27, s. 17

Marginal note:Unsanitary conditions

 No person shall manufacture, prepare, preserve, package or store for sale any cosmetic under unsanitary conditions.

  • R.S., c. F-27, s. 18

Devices

Marginal note:Prohibited sales of devices

 No person shall sell any device that, when used according to directions or under such conditions as are customary or usual, may cause injury to the health of the purchaser or user thereof.

  • R.S., c. F-27, s. 19

Marginal note:Deception, etc., regarding devices

  •  (1) No person shall label, package, treat, process, sell or advertise any device in a manner that is false, misleading or deceptive or is likely to create an erroneous impression regarding its design, construction, performance, intended use, quantity, character, value, composition, merit or safety.

  • Marginal note:Devices labelled or packaged in contravention of regulations

    (2) A device 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. 20
  • 1976-77, c. 28, s. 16
 

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