- SHORT TITLE
- INTERPRETATION
- PART I
- General
- Food
- Prohibited sales of food
- Exemptions
- Deception, etc., regarding food
- Food labelled or packaged in contravention of regulations
- Importation and interprovincial movement of food
- Not applicable to carriers
- Labelling, etc., of food that is imported or moved interprovincially
- Governor in Council may identify standard or portion thereof
- Where standard or portion thereof is identified
- Unsanitary manufacture, etc., of food
- Drugs
- Prohibited sales of drugs
- Deception, etc., regarding drugs
- Drugs labelled or packaged in contravention of regulations
- Where standard prescribed for drug
- Trade standards
- Where no prescribed or trade standard
- Unsanitary manufacture, etc., of drug
- Drugs not to be sold unless safe manufacture indicated
- Drugs not to be sold unless safe batch indicated
- Samples
- Exception
- Schedule F drugs not to be sold
- Cosmetics
- Devices
- PART II
- Inspection, Seizure and Forfeiture
- Inspectors
- Certificate to be produced
- Powers of inspectors
- Warrant required to enter dwelling-house
- Authority to issue warrant
- Use of force
- Definition of “article to which this Act or the regulations apply”
- Assistance and information to be given inspector
- Obstruction and false statements
- Interference
- Storage and removal
- Release of seized articles
- Destruction with consent
- Forfeiture
- Order for forfeiture on application of inspector
- Analysis
- Regulations
- Interim Orders
- Interim Marketing Authorizations
- Offences and Punishment
- Contravention of Act or regulations
- Offences relating to food
- Limitation period
- Minister’s certificate
- Venue
- Want of knowledge
- Notice of reliance on want of knowledge
- Certificate of analyst
- Requiring attendance of analyst
- Notice of intention to produce certificate
- Proof of service
- Attendance for examination
- Proof as to manufacturer or packager
- Offence by employee or agent
- Certified copies and extracts
- Where accused had adulterating substances
- Exports
- Inspection, Seizure and Forfeiture
- PARTS III AND IV
Food and Drugs Act (R.S., 1985, c. F-27)
Act current to January 25th, 2011
Attention: See coming into force provision and notes, where applicable.
Food and Drugs Act
F-27
An Act respecting food, drugs, cosmetics and therapeutic devices
SHORT TITLE
Short title
1. This Act may be cited as the Food and Drugs Act.
R.S., c. F-27, s. 1.
INTERPRETATION
Definitions
2. In this Act,
“advertisement” « publicité » ou « annonce »
“advertisement” includes any representation by any means whatever for the purpose of promoting directly or indirectly the sale or disposal of any food, drug, cosmetic or device;
“analyst” « analyste »
“analyst” means a person designated as an analyst for the purpose of the enforcement of this Act under section 28 or under section 13 of the Canadian Food Inspection Agency Act;
“contraceptive device” « moyen anticonceptionnel »
“contraceptive device” means any instrument, apparatus, contrivance or substance other than a drug, that is manufactured, sold or represented for use in the prevention of conception;
“cosmetic” « cosmétique »
“cosmetic” includes any substance or mixture of substances manufactured, sold or represented for use in cleansing, improving or altering the complexion, skin, hair or teeth, and includes deodorants and perfumes;
“Department” « ministère »
“Department” means the Department of Health;
“device” « instrument »
“device” means any article, instrument, apparatus or contrivance, including any component, part or accessory thereof, manufactured, sold or represented for use in
(a) the diagnosis, treatment, mitigation or prevention of a disease, disorder or abnormal physical state, or its symptoms, in human beings or animals,
(b) restoring, correcting or modifying a body function or the body structure of human beings or animals,
(c) the diagnosis of pregnancy in human beings or animals, or
(d) the care of human beings or animals during pregnancy and at and after birth of the offspring, including care of the offspring,
and includes a contraceptive device but does not include a drug;
“drug” « drogue »
“drug” includes any substance or mixture of substances manufactured, sold or represented for use in
(a) the diagnosis, treatment, mitigation or prevention of a disease, disorder or abnormal physical state, or its symptoms, in human beings or animals,
(b) restoring, correcting or modifying organic functions in human beings or animals, or
(c) disinfection in premises in which food is manufactured, prepared or kept;
“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;
“inspector” « inspecteur »
“inspector” means any person designated as an inspector for the purpose of the enforcement of this Act under subsection 22(1) or under section 13 of the Canadian Food Inspection Agency Act;
“label” « étiquette »
“label” includes any legend, word or mark attached to, included in, belonging to or accompanying any food, drug, cosmetic, device or package;
“Minister” « ministre »
“Minister” means the Minister of Health;
“package” « emballage »
“package” includes any thing in which any food, drug, cosmetic or device is wholly or partly contained, placed or packed;
“prescribed” « Version anglaise seulement »
“prescribed” means prescribed by the regulations;
“sell” « vente »
“sell” includes offer for sale, expose for sale, have in possession for sale and distribute, whether or not the distribution is made for consideration;
“unsanitary conditions” « conditions non hygiéniques »
“unsanitary conditions” means such conditions or circumstances as might contaminate with dirt or filth, or render injurious to health, a food, drug or cosmetic.
R.S., 1985, c. F-27, s. 2; R.S., 1985, c. 27 (1st Supp.), s. 191; 1992, c. 1, s. 145(F); 1993, c. 34, s. 71; 1994, c. 26, s. 32(F), c. 38, s. 18; 1995, c. 1, s. 63; 1996, c. 8, ss. 23.1, 32, 34; 1997, c. 6, s. 62.
PART I
FOODS, DRUGS, COSMETICS AND DEVICES
GENERAL
Prohibited advertising
3. (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.
Prohibited label or advertisement where sale made
(2) No person shall sell any food, drug, cosmetic or device
(a) that is represented by label, or