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

Marginal note:Minister’s powers — risk of injury to health

• 21.3 (1) If the Minister believes that a therapeutic product presents a serious or imminent risk of injury to health, he or she may order a person who sells the product to

  • (a) recall the product; or

  • (b) send the product, or cause it to be sent, to a place specified in the order.

• Marginal note:Recall order — corrective action

  (2) For greater certainty, if the Minister makes an order under paragraph (1)(a) and believes that corrective action is an effective means of dealing with the risk, the order may require the person who sells the product to, instead of requesting the product’s return, request the product’s owner or user to allow corrective action to be taken in respect of the product and then take that corrective action, or cause it to be taken, if the request is accepted.

• Marginal note:Prohibition — selling

  (3) Subject to subsection (5), no person shall sell a therapeutic product that the Minister orders them, or another person, to recall.

• Marginal note:Power to authorize sale

  (4) The Minister may authorize a person to sell a therapeutic product, with or without conditions, even if the Minister has ordered them, or another person, to recall it.

• Marginal note:Exception

  (5) A person does not contravene subsection (3) if they sell a therapeutic product that they have been authorized under subsection (4) to sell, provided that they sell it in accordance with any conditions that the Minister establishes.

• Marginal note:Contravention of unpublished order

  (6) No person shall be convicted of an offence for the contravention of subsection (3) unless it is proved that, at the time of the alleged contravention, the person had been notified of the recall order or reasonable steps had been taken to bring the purport of the recall order to the notice of those persons likely to be affected by it.