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

Full Document:  

Act current to 2019-07-01 and last amended on 2019-06-21. Previous Versions

PART IFoods, Drugs, Cosmetics and Devices (continued)

Food (continued)

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

  •  (1) No person shall distribute or cause to be distributed any drug as a sample.

  • Marginal note:Exception

    (2) Subsection (1) does not apply to the distribution, under prescribed conditions, of samples of drugs to physicians, dentists, veterinary surgeons or pharmacists.

  • R.S., c. F-27, s. 14

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: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

Marginal note:Where standard prescribed for device

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

  • R.S., c. F-27, s. 21

Therapeutic Products

Marginal note:Power to require information — serious risk

  •  (1) If the Minister believes that a therapeutic product may present a serious risk of injury to human health, the Minister may order a person to provide the Minister with information that is in the person’s control and that the Minister believes is necessary to determine whether the product presents such a risk.

  • Marginal note:Disclosure —  serious risk

    (2) The Minister may disclose confidential business information about a therapeutic prod­uct without notifying the person to whose business or affairs the information relates or obtaining their consent, if the Minister believes that the product may present a serious risk of injury to human health.

  • Marginal note:Disclosure —  health or safety

    (3) The Minister may disclose confidential business information about a therapeutic prod­uct without notifying the person to whose business or affairs the information relates or obtaining their consent, if the purpose of the disclosure is related to the protection or promotion of human health or the safety of the public and the disclosure is to

    • (a) a government;

    • (b) a person from whom the Minister seeks advice; or

    • (c) a person who carries out functions relating to the protection or promotion of human health or the safety of the public.

  • Definition of government

    (4) In this section, government means any of the following or their institutions:

    • (a) the federal government;

    • (b) a corporation named in Schedule III to the Financial Administration Act;

    • (c) a provincial government or a public body established under an Act of the legislature of a province;

    • (d) an aboriginal government as defined in subsection 13(3) of the Access to Information Act;

    • (e) a government of a foreign state or of a subdivision of a foreign state; or

    • (f) an international organization of states.

  • 2014, c. 24, s. 3
 
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