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1st Session, 36th Parliament,
46-47-48 Elizabeth II, 1997-98-99

The House of Commons of Canada

BILL C-80

An Act to revise and consolidate certain Acts respecting food, agricultural commodities, aquatic commodities and agricultural inputs, to amend the Canadian Food Inspection Agency Act, the Agriculture and Agri-Food Administrative Monetary Penalties Act, the Health of Animals Act, the Plant Protection Act and the Plant Breeders' Rights Act, and to repeal and amend other Acts in consequence

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Short title

1. This Act may be cited as the Canada Food Safety and Inspection Act.

INTERPRETATION

Definitions

2. (1) The definitions in this subsection apply in this section, sections 3 to 5 and Parts 1 to 5.

``advertise''
« publicité »

``advertise'' means to make a representation by any means whatever for the purpose of promoting directly or indirectly the sale of a food, an agricultural or aquatic commodity or an agricultural input.

``Agency''
« Agence »

``Agency'' means the Canadian Food Inspection Agency established by section 3 of the Canadian Food Inspection Agency Act.

``agricultural input''
« intrant agricole »

``agricultural input'' means seed, a feed, a fertilizer or a supplement.

``agricultural or aquatic commodity''
« produit agricole ou aquatique »

``agricultural or aquatic commodity'' means

      (a) an animal, including its embryo, fertilized egg or ovum, or a plant, or an animal or plant product;

      (b) a product, including food or drink, wholly or partly derived from an animal or a plant; and

      (c) anything prescribed to be an agricultural or aquatic commodity.

``container''
« emballage »

``container'' means any type of receptacle, baggage, package or cage and includes a wrapper or confining band.

``customs officer''
« agent des douanes »

``customs officer'' means a person employed in the administration or enforcement of the Customs Act and includes any member of the Royal Canadian Mounted Police.

``establish-
ment''
« établisse-
ment
»

``establishment'' means any place, including a means of transportation, where food or an agricultural or aquatic commodity or agricultural input is prepared or sold.

``feed''
« aliments pour animaux de ferme »

``feed'' means any substance or mixture of substances that is manufactured, sold or represented for use

      (a) for consumption by cattle, sheep, goats, swine, fish, rabbits, poultry or any other animals prescribed as livestock;

      (b) for providing the nutritional requirements of an animal referred to in paragraph (a); or

      (c) for preventing or correcting nutritional disorders of an animal referred to in paragraph (a).

    It includes any substance for use in any such substance or mixture of substances.

``fertilizer''
« engrais »

``fertilizer'' means any substance or mixture of substances that is manufactured, sold or represented for use as a source of plant nutrients.

``food''
« aliment »

``food'' includes any article manufactured, sold or represented for use as food or drink for human beings, chewing gum, and any ingredient that may be mixed with food for any purpose whatever.

``grade name''
« nom de catégorie »

``grade name'' means a prescribed name, mark or designation of an agricultural or aquatic commodity or an agricultural input.

``inspection mark''
« sceau d'inspection »

``inspection mark'' means a prescribed mark, stamp, seal, product legend, word or design or any combination of those things.

``label''
« étiquette » ou « étiquetage »

``label'' includes a product legend, word, mark, design, imprint, stamp, brand, ticket or tag or any combination of those things that is or is to be applied or attached to or included in, or that accompanies or is to accompany, any food, agricultural or aquatic commodity or agricultural input or its container.

``licensed establish-
ment''
« établisse-
ment agréé
»

``licensed establishment'' means an establishment to which a licence issued under section 7 relates.

``Minister''
« ministre »

``Minister'' means the Minister of Agriculture and Agri-Food.

``packaging''
« emballage »

``packaging'' means the process of packing food, agricultural or aquatic commodities or agricultural inputs in a container.

``person''
« personne »

``person'' means an individual, partnership, corporation, cooperative, association or organization.

``point of entry''
« point d'entrée »

``point of entry'' means a point of entry designated by the Minister under section 18.2 of the Canadian Food Inspection Agency Act.

``prepare''
« conditionne-
ment
»

``prepare'' means to slaughter, process, store, package, handle, assemble, grade, price, code or label an agricultural or aquatic commodity or agricultural input and includes the purchase or conveying of the commodity or input for preparation.

``prescribed'' Version anglaise seulement

``prescribed'' means prescribed by regulation.

``seed''
« semences »

``seed'' means any plant part represented, sold or used to grow a plant.

``sell''
« vente »

``sell'' means to distribute or dispose of, or agree to distribute or dispose of, to a person in any manner for consideration, and includes

      (a) to agree to sell;

      (b) to offer, advertise, keep, expose, possess, send, convey or deliver for sale or to display in such manner as to lead to a reasonable belief that the thing so displayed is intended for sale or distribution;

      (c) to exchange or agree to exchange; and

      (d) to sell by consignment.

``supplement''
« supplément »

``supplement'' means a substance or mixture of substances, other than a fertilizer, that is manufactured, sold or represented for use in the improvement of the physical condition of soils or to aid plant growth or crop yields.

``Tribunal''
« Commission »

``Tribunal'' means the Review Tribunal continued by section 27 of the Agriculture and Agri-Food Administrative Monetary Penalties Act.

Meaning of ``agricultural or aquatic commodity''

(2) For greater certainty, ``agricultural or aquatic commodity'' includes

    (a) the following meat products:

      (i) a carcass of a mammal, bird or any prescribed animal,

      (ii) the blood of an animal referred to in subparagraph (i) or a product or by-product of the animal's carcass, and

      (iii) a product containing anything described in subparagraph (ii);

    (b) fish, including

      (i) parts of fish,

      (ii) shellfish, crustaceans, marine animals and parts of any of those things, and

      (iii) fish products or by-products; and

    (c) marine plants, including Irish moss, kelp and other salt water plants and any of their products or by-products.

PURPOSE

Purpose

3. The purpose of this Act is to contribute to food safety and to regulate food, agricultural or aquatic commodities and agricultural inputs.

ADMINISTRATION AND ENFORCEMENT

Responsibi-
lity of Agency

4. The Agency is responsible for the enforcement of this Act and its administration, except for the establishment of policies and standards referred to in section 5.

Responsibi-
lity of Minister of Health

5. The Minister of Health is responsible for establishing policies and standards respecting any matter that may affect the safety and nutritional quality of food.

HER MAJESTY

Binding on Her Majesty

6. This Act is binding on Her Majesty in right of Canada or a province.

PART 1

ADMINISTRATIVE REGIME

Licences

Minister may issue licences

7. The Minister may issue to any person a licence of a prescribed class to authorize the person to engage in or to operate an establishment to engage in any of the following activities:

    (a) to import an agricultural or aquatic commodity or agricultural input;

    (b) to prepare or sell an agricultural or aquatic commodity for import, export or interprovincial trade; or

    (c) to prepare or sell an agricultural input.

Unlicensed activities prohibited

8. (1) No person shall engage in or operate an establishment to engage in an activity referred to in section 7 without a licence of a prescribed class.

Require-
ments for licensed establish-
ments

(2) No person who holds a licence issued under section 7 shall operate a licensed establishment unless it meets the requirements of the regulations.

Presumption

9. All agricultural or aquatic commodities in a licensed establishment are presumed, in the absence of proof to the contrary, to be for export or interprovincial trade and to be subject to the application of this Act and the regulations.

Minister may attach licence conditions

10. (1) Subject to the regulations, the Minister may attach any conditions to a licence that the Minister considers necessary.

Types of conditions

(2) Any condition may be precedent or subsequent to the issuance of a licence and may be of general or particular application.

Change of conditions

(3) The Minister may modify, rescind or add to any condition that the Minister attaches to a licence.

Standard licence condition

(4) It is a condition of every licence that the holder shall comply with this Act and the regulations.

Licence suspension or revocation

11. The Minister may suspend or revoke a person's licence if the person contravenes a condition of the licence.

Review of Minister's decision

12. (1) If the Minister refuses to issue a licence to a person, or suspends or revokes a person's licence, the person may request the Tribunal to review the Minister's decision.

Tribunal recommenda-
tions

(2) The Tribunal shall review the decision and provide its findings and recommendations to the Minister.

Final decision

(3) After considering the Tribunal's findings and recommendations, the Minister may confirm, reverse or modify the original decision.


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