Third Session, Thirty-Ninth Legislature
This version is based on the printed bill that was distributed in the Legislature after First Reading. It is not the official version. If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications or view the online bilingual version (PDF).
Bill 7
THE FOOD SAFETY AND RELATED AMENDMENTS ACT
Section |
Table of Contents |
| PART 1 | |
| DEFINITIONS | |
| 1(1) | Definitions |
| (2) | Reference to "Act" includes regulations |
| PART 2 | |
| RESPONSIBILITY FOR FOOD SAFETY | |
| 2 | Responsibility for safe food |
| 3 | No sale of contaminated food |
| PART 3 | |
| LICENCES | |
| 4(1) | Designation of food premises |
| (2) | Requirement for licence |
| 5(1) | Licences for designated food premises |
| (2) | Licence fee |
| (3) | Licence holder must comply with Act |
| (4) | Terms or conditions |
| (5) | Licence not transferable |
| (6) | Registry of licensed food premises |
| 6 | Compliance with licence terms and conditions |
| 7 | Emergency suspension if possible harm |
| 8(1) | Adverse licensing decision: definition |
| (2) | Opportunity to make written response |
| (3) | Action by director |
| PART 4 | |
| FOOD SAFETY INSPECTIONS AND ORDERS | |
| INSPECTIONS | |
| 9(1) | Appointment of inspectors |
| (2) | Designation |
| 10(1) | General inspection powers |
| (2) | Removal of records to make copies |
| (3) | Warrant to enter and inspect private dwelling |
| (4) | Application without notice |
| (5) | Reasonable force |
| (6) | Assistance to inspector |
| (7) | Identification to be shown |
| SEARCH AND SEIZURE | |
| 11(1) | Warrant to search and seize re offence |
| (2) | Application without notice |
| (3) | Search and seizure in exigent circumstances |
| (4) | Seizure without warrant |
| 12(1) | Seizure and detention of food and other things |
| (2) | If no food safety risk |
| (3) | If not reclaimed |
| (4) | If food safety risk |
| (5) | Limit on destruction of non-food item |
| ORDERS | |
| 13(1) | Order by inspector |
| (2) | To whom order may be directed |
| (3) | Oral order |
| (4) | Order must state reasons |
| (5) | Contents of order |
| (6) | Specific content |
| (7) | Exception: no recall |
| (8) | Terms or conditions |
| (9) | Order given to operator, etc. |
| (10) | Compliance |
| 14(1) | Director may carry out order if no compliance |
| (2) | Costs may be recovered |
| REVIEW OF INSPECTOR'S ORDER | |
| 15(1) | Right to request a review |
| (2) | Written response |
| (3) | Deadline |
| (4) | Suspending the order |
| (5) | Action by director |
| (6) | Written reasons |
| RECALL ORDER | |
| 16(1) | Recall order |
| (2) | Failure to comply |
| CONTROL AREA ORDER | |
| 17(1) | Order establishing a control area |
| (2) | Content of order |
| (3) | Failure to comply |
| PART 5 | |
| INFORMATION PROVISIONS | |
| REPORTING FOOD SAFETY RISKS | |
| 18 | Duty to report food safety risk |
| 19(1) | Voluntary reporting |
| (2) | No retaliation |
| REPORTING INFORMATION | |
| 20(1) | Director may require information |
| (2) | Duty to provide information |
| (3) | Definition |
| PART 6 | |
| ENFORCEMENT | |
| ADMINISTRATIVE PENALTIES | |
| 21(1) | Administrative penalty: failure to comply |
| (2) | Maximum amount |
| (3) | Notice |
| (4) | Serving the notice |
| 22(1) | Appeal to the director |
| (2) | Notice of hearing |
| (3) | Decision of the director |
| (4) | Serving the decision |
| 23(1) | Appeal to court |
| (2) | Director is a party |
| (3) | Decision of court |
| 24(1) | Payment |
| (2) | Debt due to government |
| (3) | Certificate registered in court |
| (4) | No offence to be charged if penalty paid |
| 25 | Public disclosure of administrative penalties |
| OFFENCES | |
| 26(1) | Offences |
| (2) | False or misleading information |
| (3) | Obstruction |
| (4) | Corporate officers and directors |
| 27(1) | Penalty: individuals |
| (2) | Penalty: corporations |
| DOCUMENTARY AND CERTIFICATE EVIDENCE | |
| 28(1) | Documentary and certificate evidence |
| (2) | Admissibility of certificate in evidence |
| (3) | Serving certificate on other party |
| COURT ORDER | |
| 29 | Court order |
| PART 7 | |
| GENERAL PROVISIONS | |
| AGREEMENTS | |
| 30(1) | Agreements |
| (2) | Terms |
| RECOVERY OF FEES, CHARGES OR COSTS | |
| 31(1) | Recovery of fees, charges or costs |
| (2) | Unpaid fees, charges or costs |
| DELEGATION | |
| 32(1) | Delegation of minister's duties |
| (2) | Delegation of director's duties |
| LIABILITY PROTECTION | |
| 33 | Liability protection |
| REGULATIONS | |
| 34(1) | Regulations |
| (2) | Regulation may establish classes |
| (3) | Incorporation of codes and standards |
| AMENDMENTS TO THE DEPARTMENT OF AGRICULTURE, FOOD AND RURAL INITIATIVES ACT | |
| 35 | C.C.S.M. c. A40 amended |
| 4.1(1) | Information re emergency planning |
| (2) | Collection on minister's behalf |
| (3) | Duty to provide information |
| CONSEQUENTIAL AMENDMENTS AND REPEALS | |
| 36 | Consequential amendments, C.C.S.M. c. L170 |
| 37(1) | Consequential amendments, C.C.S.M. c. L175 |
| (2) | |
| (3) | |
| 38 | Repeal |
| C.C.S.M. REFERENCE AND COMING INTO FORCE | |
| 39 | C.C.S.M. reference |
| 40 | Coming into force |