Marginal note:Labels on edible and potable prepackaged products
8 No dealer shall apply to any edible or potable prepackaged product a label that contains any representation with respect to the number of servings contained in the container of the prepackaged product unless that label contains a declaration of net quantity of each serving in the form and manner prescribed and in terms of either
(a) numerical count, or
as may be prescribed.
- 1970-71-72, c. 41, s. 8;
- 1976-77, c. 55, s. 3.
Marginal note:Containers of prepackaged products
9 (1) No dealer shall sell, import into Canada or advertise any prepackaged product that is packaged in a container that has been manufactured, constructed or filled or is displayed in such a manner that a consumer might reasonably be misled with respect to the quality or quantity of the product.
Marginal note:Recognized and accepted production practice, if necessary for packaging, a defence
(2) No dealer is guilty of the offence of selling, importing into Canada or advertising a prepackaged product that is packaged in a container that has been filled in such a manner that a consumer might reasonably be misled with respect to the quality or quantity of the product if the dealer establishes that the container was filled in accordance with a recognized and accepted production practice that is reasonably necessary for the purpose of packaging the product.
- 1970-71-72, c. 41, s. 9.
Marginal note:Label containing declaration of net quantity
10 Each label containing a declaration of net quantity of the prepackaged product to which it is applied shall
(a) be applied to the prepackaged product in such form and manner as may be prescribed; and
(b) show, in such form and manner and in such circumstances as may be prescribed,
(i) the identity and principal place of business of the person by or for whom the prepackaged product was manufactured or produced for resale,
(ii) the identity of the prepackaged product in terms of its common or generic name or in terms of its function, and
(iii) such information respecting the nature, quality, age, size, material content, composition, geographic origin, performance, use or method of manufacture or production of the prepackaged product as may be prescribed.
- 1970-71-72, c. 41, s. 10.
Standardization of Containers
Marginal note:Packaging requirements established by regulation
11 (1) Where the Governor in Council is of the opinion that there is an undue proliferation of sizes or shapes of containers in which any prepackaged product or class of prepackaged product is sold and that the effect of the undue proliferation of sizes or shapes is to confuse or mislead or be likely to confuse or mislead consumers with respect to the weight, measure or numerical count of a prepackaged product, the Governor in Council, on the recommendation of the Minister, may make regulations establishing packaging requirements that limit the sizes and shapes of containers in which that prepackaged product or class of prepackaged product may be sold.
Marginal note:Advice for establishing packaging requirements
(2) For the purpose of establishing packaging requirements for any prepackaged product or class of prepackaged product, the Minister shall seek the advice of at least one organization in Canada of consumers and one organization of dealers in that prepackaged product or class of prepackaged product and may seek the advice of the Standards Council of Canada or any organization in Canada engaged in standards formulation.
- 1970-71-72, c. 41, s. 11.
Research and Studies
Marginal note:Packaging and labelling research and studies
12 (1) The Minister may conduct research and studies relating or incidental to the packaging and labelling of any prepackaged product, including matters relating or incidental to unit price marking, date and storage marking and the shapes and sizes of containers.
(2) The Minister may, in conducting any research or studies pursuant to subsection (1), consult with or seek the advice of any department or agency of any government, any dealers or any organization of dealers or any organization in Canada of consumers.
- 1970-71-72, c. 41, s. 12.
Marginal note:Certificate to be produced
13 (1) An inspector shall be furnished with a certificate of his designation as an inspector and on entering any place described in subsection (2) shall, if so required, produce the certificate to the person in charge of that place.
Marginal note:Powers of inspectors
(2) Subject to subsection (2.1), an inspector may at any reasonable time enter any premises of a dealer or any other place in which the inspector believes on reasonable grounds there is any prepackaged product that is owned by a dealer and may, where the inspector believes on reasonable grounds that, for any purpose relating to the enforcement of this Act, it is necessary to do so,
(a) examine any prepackaged product found therein;
(b) open and examine any package found therein that he believes on reasonable grounds contains any prepackaged product; and
(c) examine any documents or papers, including books, reports, records, shipping bills and bills of lading, or any data entered or recorded by any system of mechanical or electronic data processing or by any other information storage device, that he believes on reasonable grounds contain any information relevant to the enforcement of this Act and make copies thereof or extracts therefrom.
Marginal note:Warrant required to enter dwelling-house
(2.1) Where any premises or place referred to in subsection (2) is a dwelling-house, an inspector may not enter that dwelling-house without the consent of the occupant except under the authority of a warrant issued under subsection (2.2).
Marginal note:Authority to issue warrant
(2.2) Where on ex parte application a justice of the peace is satisfied by information on oath
(a) that the conditions for entry described in subsection (2) exist in relation to a dwelling-house,
(b) that entry to the dwelling-house is necessary for any purpose relating to the administration or enforcement of this Act, and
(c) that entry to the dwelling-house has been refused or that there are reasonable grounds for believing that entry thereto will be refused,
the justice of the peace may issue a warrant under his hand authorizing the inspector named therein to enter that dwelling-house subject to such conditions as may be specified in the warrant.
Marginal note:Use of force
(2.3) In executing a warrant issued under subsection (2.2), the inspector named therein shall not use force unless the inspector is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.
Marginal note:Assistance to inspectors
(3) The owner or the person in charge of a place entered by an inspector pursuant to subsection (2) and every person employed therein shall give the inspector all reasonable assistance to enable the inspector to carry out his duties and functions under this Act and shall furnish the inspector with any information he may reasonably require with respect to the administration of this Act and the regulations.
- R.S., 1985, c. C-38, s. 13;
- R.S., 1985, c. 31 (1st Supp.), s. 6.
Marginal note:Obstruction and false statements
14 (1) No person shall obstruct or hinder, or knowingly make any false or misleading statements either orally or in writing to, an inspector engaged in carrying out his duties and functions under this Act.
(2) Except with the authority of an inspector, no person shall remove, alter or interfere in any way with any product or other thing seized and detained by an inspector pursuant to subsection 15(1).
Marginal note:Examining and sampling allowable
(3) An inspector shall, at the request of the person from whom a product or other thing was seized, allow that person or any person authorized by that person to examine the product or other thing so seized and, where practicable, furnish a sample thereof to such person.
- 1970-71-72, c. 41, s. 14.
15 (1) Where an inspector believes on reasonable grounds that any provision of this Act or the regulations has been contravened, the inspector may seize and detain any product or any labelling, packaging or advertising material by means of or in relation to which the inspector believes on reasonable grounds the contravention was committed.
Marginal note:Seizure limitation
(2) Except to the extent that the product or other thing, or a sample thereof, is required as evidence, an inspector shall not seize any product or other thing pursuant to subsection (1) where, in the opinion of the inspector, the seizure of the product or other thing is not necessary in the public interest.
Marginal note:Notice to person of provision contravened
(3) Where an inspector has seized and detained any product or other thing pursuant to subsection (1), he shall, as soon as practicable, advise the person in whose possession the product or other thing was at the time of seizure of the provision of this Act or the regulations that the inspector believes has been contravened.
Marginal note:Detention limitation
(4) Any product or other thing seized pursuant to subsection (1) shall not be detained
(a) after the provisions of this Act or any regulations that are applicable to the product or other thing have, in the opinion of an inspector, been complied with;
(b) except to the extent that the product or other thing, or a sample thereof, is required as evidence, after an inspector or the Minister is, on application made by the owner of the product or other thing or by the person in whose possession the product or other thing was at the time of seizure, satisfied that it is not necessary in the public interest to continue to detain the product or other thing; or
(c) after the expiration of sixty days after the day of seizure, or if the seizure is in respect of a contravention of the Act as it relates to food as defined in section 2 of the Food and Drugs Act, one hundred and eighty days after the day of seizure, unless, before that time,
(i) the product or other thing has been forfeited pursuant to section 17,
(ii) proceedings have been instituted in respect of the contravention in relation to which the product or other thing was seized, in which event the product or other thing may be detained until the proceedings are finally concluded, or
(iii) notice of an application for an order extending the time during which the product or other thing may be detained has been served in accordance with section 16.
Marginal note:Storage and removal
(5) A product or other thing seized by an inspector pursuant to subsection (1) shall be kept or stored in the building or place where it was seized, except where the product or thing, or a sample thereof, is required as evidence or the person in whose possession the product or thing was at the time of seizure or the person entitled to possession of the building or place requests that it be removed to some other proper place, in which case the product or thing or the sample thereof, as the case may be, may be removed to and stored in any other proper place at the direction of or with the concurrence of an inspector.
- R.S., 1985, c. C-38, s. 15;
- 1997, c. 6, s. 41.
- Date modified: