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Safe Food for Canadians Act (S.C. 2012, c. 24)

Act current to 2019-11-19 and last amended on 2019-06-17. Previous Versions

Prohibitions (continued)

Marginal note:Selling, advertising or possessing

 It is prohibited for a person to sell, advertise or have in their possession a food commodity that has been sent or conveyed from one province to another, or imported, in contravention of any provision of this Act or the regulations.

Marginal note:Possession of commodity that meets requirements of regulations

 It is prohibited for a person to have in their possession for the purpose of sending or conveying from one province to another — or for the purpose of exporting — a prescribed food commodity, unless it meets the requirements of the regulations.

Marginal note:Conduct of prescribed activity in accordance with the regulations

  •  (1) It is prohibited for a person to conduct a prescribed activity in respect of a prescribed food commodity that has been imported — or that is to be exported or to be sent or conveyed from one province to another — unless the activity is conducted in accordance with the regulations.

  • Marginal note:Conduct of prescribed activity with licence or registration

    (2) It is prohibited for a person to conduct a prescribed activity in respect of a prescribed food commodity that has been imported — or that is to be exported or to be sent or conveyed from one province to another — unless the person is authorized to conduct that activity by a registration made under paragraph 20(1)(b), a licence issued under that paragraph or by both such a registration and licence, as provided for in the regulations.

Marginal note:Use of inspection mark or grade name

  •  (1) Unless authorized by the regulations, it is prohibited for a person to

    • (a) apply or use an inspection mark or grade name; or

    • (b) advertise or sell anything if the thing has an inspection mark or grade name on it, or an inspection mark or grade name is used in connection with the thing.

  • Marginal note:Use of similar mark or name

    (2) It is prohibited for a person to

    • (a) apply or use a thing that so resembles an inspection mark or grade name that it is likely to be mistaken for it; or

    • (b) advertise or sell anything that has on it a thing referred to in paragraph (a) or that has a thing referred to in that paragraph used in connection with it.

  • Marginal note:Presumption

    (3) A person found in possession of anything referred to in paragraph (1)(b) or (2)(b) is considered, in the absence of evidence to the contrary, to be in possession of it for the purpose of advertising or selling.

Marginal note:False or misleading information

 It is prohibited for a person to make a false or misleading statement to any person who is exercising powers or performing duties or functions under this Act — or to provide him or her with false or misleading information — in connection with any matter under any provision of this Act or the regulations, including in respect of an application for a licence or registration.

Marginal note:Obstruction

 It is prohibited for a person to obstruct or hinder a person who is exercising powers or performing duties or functions under this Act.

Marginal note:Falsifying or altering, etc., required documents

  •  (1) It is prohibited for a person to alter, destroy or falsify a document that they are required under this Act to keep, maintain or provide.

  • Marginal note:Altering, possessing, etc., official documents

    (2) It is prohibited for a person to

    • (a) alter a document issued or made — or in any manner given — under this Act; or

    • (b) have in their possession, or use, a document issued or made — or in any manner given — under this Act that has been altered.

Marginal note:Possessing or using documents that resemble official documents

 It is prohibited for a person to have in their possession, or use, any document that has not been issued or made — or in any manner given — under this Act if the document so resembles a document issued or made — or in any manner given — under this Act that it is likely to be mistaken for such a document.

Marginal note:Personal use

 Subject to the regulations, a provision of this Act or the regulations that prohibits an activity — or that requires the doing of an activity — does not apply to a person who is carrying out the activity solely for personal use.

Registrations and Licences

Marginal note:Persons

  •  (1) The Minister may, on application,

    • (a) register a person, or issue a licence to a person, authorizing them to send or convey from one province to another, or to import or export, a prescribed food commodity, or both register a person and issue them a licence; and

    • (b) register a person, or issue a licence to a person, authorizing them to conduct a prescribed activity in respect of a prescribed food commodity that has been imported or that is to be exported or to be sent or conveyed from one province to another, or both register a person and issue them a licence.

  • Marginal note:Conditions — regulations

    (2) The registration and the licence are subject to the prescribed conditions.

  • Marginal note:Conditions — Minister

    (3) The Minister may make a registration or licence subject to any additional conditions that the Minister considers appropriate.

  • Marginal note:Obligation to comply

    (4) The holder of the registration or licence must comply with all the conditions to which the registration or licence is subject.

  • Marginal note:No transfer

    (5) The registration or licence is not transferable.

Marginal note:Establishments

  •  (1) The Minister may, on application, register an establishment as one where

    • (a) an imported prescribed food commodity is to be sent or conveyed, in its imported condition, for the purposes of the exercise of an inspector’s powers under this Act in respect of that food commodity; or

    • (b) a prescribed activity in respect of a prescribed food commodity that has been imported or is to be exported or to be sent or conveyed from one province to another may be exercised.

  • Marginal note:Holder

    (2) The applicant in respect of an establishment is the holder of the registration.

  • Marginal note:Conditions — regulations

    (3) The registration is subject to the prescribed conditions.

  • Marginal note:Conditions — Minister

    (4) The Minister may make a registration subject to any additional conditions that the Minister considers appropriate.

  • Marginal note:Obligation to comply

    (5) The holder of the registration must comply with all the conditions to which the registration is subject.

  • Marginal note:No transfer

    (6) The registration is not transferable.

  • Marginal note:Application of Act

    (7) If an establishment is registered, it and all food commodities in it are subject to this Act.

Marginal note:Amendment, suspension, cancellation and renewal

 Subject to the regulations, the Minister may amend, suspend, cancel or renew a registration made under subsection 20(1) or 21(1) or a licence issued under subsection 20(1).

Administration and Enforcement

Certificate

Marginal note:Certificate to be produced

 Each inspector is to be given a certificate in a form established by the President of the Agency or the President of the Canada Border Services Agency, as the case may be, attesting to the inspector’s designation and, on entering a place under subsection 24(1), the inspector must, on request, produce the certificate to the person in charge of that place.

Inspection

Marginal note:Authority to enter a place

  •  (1) Subject to subsection 26(1), an inspector may, for a purpose related to verifying compliance or preventing non-compliance with this Act, enter a place, including a conveyance, in which they have reasonable grounds to believe that an activity regulated under this Act is conducted or an item to which this Act applies is located.

  • Marginal note:Powers

    (2) The inspector may, for the purpose referred to in subsection (1),

    • (a) examine or test, or take samples of, anything that is in the place;

    • (b) open a package that is in the place;

    • (c) examine a document that is in the place, make copies of it or take extracts from it;

    • (d) order the owner or person having possession, care or control of an item to which this Act applies that is in the place to move it or, for any time that may be necessary, not to move it or to restrict its movement;

    • (e) use or cause to be used a computer or other device that is in the place to examine data that is contained in or available to a computer system or reproduce it or cause it to be reproduced in the form of a printout or other intelligible output and remove the output for examination or copying;

    • (f) use or cause to be used copying equipment that is in the place and remove the copies for examination;

    • (g) take photographs or make recordings or sketches;

    • (h) order any person in the place to establish their identity to the inspector’s satisfaction;

    • (i) order any person who, in the place, conducts an activity regulated under this Act to stop or start the activity;

    • (j) prohibit or limit access to all or part of the place or to anything that is in the place; and

    • (k) remove anything from the place for the purpose of examination, conducting tests or taking samples.

  • Marginal note:Stopping or moving conveyance

    (3) For the purpose of entering a conveyance, the inspector may order the owner or person having possession, care or control of the conveyance to stop it or move it to a place where the inspector can enter it.

  • Marginal note:Persons accompanying inspector

    (4) The inspector may be accompanied by any person that they believe is necessary to help them exercise their powers or perform their duties or functions under this section.

  • Marginal note:Entering private property

    (5) An inspector and any person accompanying them may enter and pass through private property, other than a dwelling house on that property, in order to gain entry to a place referred to in subsection (1).

  • Marginal note:Assistance to be given to inspector

    (6) The owner of the place, the person in charge of it and every person in it must give all assistance to the inspector that is reasonably required to enable the inspector to exercise their powers or perform their duties or functions under this Act and provide the inspector with any document or information, or access to any data, that they may reasonably require.

 
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