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

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Act current to 2020-09-09 and last amended on 2020-07-01. Previous Versions

Interpretation and Application (continued)

Marginal note:Tobacco products

 This Act does not apply to a tobacco product as defined in section 2 of the Tobacco and Vaping Products Act.

  • 2018, c. 9, s. 72

Marginal note:Vaping products

  •  (1) Despite the definition drug in section 2, this Act does not apply to a vaping product as defined in section 2 of the Tobacco and Vaping Products Act by reason that it contains nicotine, unless the vaping product is manufactured, sold or represented for use in the diagnosis, treatment, mitigation or prevention of a disease, disorder or abnormal physical state, or its symptoms, in human beings.

  • Marginal note:Vaping products

    (2) Despite the definition device in section 2, this Act does not apply to a vaping product as defined in section 2 of the Tobacco and Vaping Products Act by reason that it is manufactured, sold or represented for use with a substance or mixture of substances that contains nicotine, unless the vaping product is manufactured, sold or represented for use in the diagnosis, treatment, mitigation or prevention of a disease, disorder or abnormal physical state, or its symptoms, in human beings.

  • 2018, c. 9, s. 72

Marginal note:Classification — thing

  •  (1) If the Minister believes that a thing falls within two or more of the definitions food, drug, cosmetic and device in section 2, the Minister may, by order, add a description of the thing to a single part of Schedule A that corresponds to one of the definitions in which the thing is believed to fall.

  • Marginal note:Classification — class of things

    (2) If the Minister believes that every thing in a class of things falls within the same two or more definitions food, drug, cosmetic and device in section 2, the Minister may, by order, add a description of the class to a single part of Schedule A that corresponds to one of the definitions in which the things in the class are believed to fall.

  • Marginal note:Factors

    (3) Before adding a description of a thing or a class of things to a part of Schedule A, the Minister shall consider the following factors:

    • (a) the risk of injury that the thing or things present to human health;

    • (b) the protection and promotion of health;

    • (c) the possibility of a person being deceived or misled;

    • (d) the purposes for which the thing or things are sold, represented or used and the history of use of the thing or things;

    • (e) the treatment of similar things that have been regulated as foods, drugs, cosmetics or devices under this Act; and

    • (f) the prescribed factors, if any.

  • Marginal note:Effect of addition

    (4) A thing that either is described in or belongs to a class of things that is described in

    • (a) Part 1 of Schedule A falls within the definition food in section 2 and does not fall within any of the other definitions referred to in subsections (1) and (2);

    • (b) Part 2 of Schedule A falls within the definition drug in section 2 and does not fall within any of the other definitions referred to in subsections (1) and (2);

    • (c) Part 3 of Schedule A falls within the definition cosmetic in section 2 and does not fall within any of the other definitions referred to in subsections (1) and (2); and

    • (d) Part 4 of Schedule A falls within the definition device in section 2 and does not fall within any of the other definitions referred to in subsections (1) and (2).

  • Marginal note:Deletion from Schedule A

    (5) The Minister may, by order, delete the description of a thing or a class of things from Schedule A.

  • Marginal note:Interpretation — definitions food, drug, cosmetic and device

    (6) For greater certainty, the definitions food, drug, cosmetic and device in section 2 are subject to subsection (4).

  • 2019, c. 29, s. 164

PART IFoods, Drugs, Cosmetics and Devices

General

Marginal note:Prohibited advertising

  •  (1) No person shall advertise any food, drug, cosmetic or device to the general public as a treatment, preventative or cure for any of the diseases, disorders or abnormal physical states referred to in Schedule A.1.

  • Marginal note:Prohibited sales

    (2) No person shall sell any food, drug, cosmetic or device if

    • (a) it is represented by label as a treatment, preventative or cure for any of the diseases, disorders or abnormal physical states referred to in Schedule A.1; or

    • (b) the person advertises it to the general public as a treatment, preventative or cure for any of the diseases, disorders or abnormal physical states referred to in Schedule A.1.

  • Marginal note:Unauthorized advertising of contraceptive device prohibited

    (3) Except as authorized by regulation, no person shall advertise to the general public any contraceptive device or any drug manufactured, sold or represented for use in the prevention of conception.

  • R.S., 1985, c. F-27, s. 3
  • 1993, c. 34, s. 72(F)
  • 2019, c. 29, s. 165

Marginal note:Prohibition — clinical trials

 No person shall conduct a clinical trial in respect of a drug, device or prescribed food for a special dietary purpose unless the person holds an authorization issued under the regulations that authorizes the conduct of the clinical trial.

  • 2019, c. 29, s. 166

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).

  • 2019, c. 29, s. 166

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.

  • 2019, c. 29, s. 166

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
 
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