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

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

Interpretation and Application (continued)

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

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
 
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