Food and Drugs Act

Marginal note:Prohibited sales of food

• 4 (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:Exemptions

  (2) A food is not adulterated for the purposes of paragraph (1)(d)

  • (a) by an agricultural chemical or its components or derivatives, if the sale of the food is subject to an interim marketing authorization issued under subsection 30.2(1) and the amount of the agricultural chemical and the components or derivatives, singly or in any combination, in or on the food does not exceed the maximum residue limit that is set out in the authorization;

  • (b) by a veterinary drug or its metabolites, if the sale of the food is subject to an interim marketing authorization issued under subsection 30.2(1) and the amount of the veterinary drug and the metabolites, singly or in any combination, in the food does not exceed the maximum residue limit that is set out in the authorization; and

  • (c) by a pest control product as defined in subsection 2(1) of the Pest Control Products Act, chapter 28 of the Statutes of Canada, 2002, or 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.