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S.M. 2009, c. 8

Bill 7, 3rd Session, 39th Legislature

The Food Safety and Related Amendments Act

(Assented to June 11, 2009)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

PART 1

DEFINITIONS

Definitions

1(1)        The following definitions apply in this Act.

"agricultural input" means a substance or an organism that may be used in growing plants or organisms, or in raising animals, and includes

(a) feed, fertilizers, seeds, pesticides, manure and other bio-solids, water, soil conditioners, drugs, supplements, additives, treatments and growth promoters; and

(b) any other substance or organism designated in the regulations. (« intrant agricole »)

"contaminated", in relation to food, means the presence in food of any of the following:

(a) foreign matter, including filth, a poisonous substance or a pest;

(b) disease-causing micro-organisms or parasites;

(c) toxins. (« contaminé »)

"court" means the Court of Queen's Bench. (« tribunal »)

"director" means the person appointed under The Civil Service Act as the director for the purpose of this Act. (« directeur »)

"food" means

(a) food or drink for human consumption;

(b) any ingredient of food or drink; or

(c) anything specified as being food in the regulations;

but does not include anything that the regulations specify is not food. (« aliment »)

"food premises" means premises where, in the ordinary course of business, food is grown, raised, cultivated, kept, harvested, produced, manufactured, slaughtered, processed, prepared, packaged, distributed, transported or sold, or is stored or handled for any of those purposes. (« lieux pour services alimentaires »)

"food safety risk" means

(a) food that is or might be contaminated, adulterated or otherwise unfit for human consumption; or

(b) an agricultural input or other thing – including an environmental condition, a condition of food premises, equipment, or a production or processing practice – that has contaminated or might contaminate food or has rendered or might render it unfit for human consumption. (« risque relatif à la salubrité des aliments »)

"inspector" means an inspector appointed or designated under section 9. (« inspecteur »)

"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)

"operator" means a manager, owner or lessee of food premises. (« exploitant »)

"premises" means land and structures, or either of them, and includes a stall or moveable structure, a vehicle or trailer, a train or railway car, a boat or vessel, and an aircraft. (« lieux »)

"prescribed" means prescribed by regulation.

"sell", in relation to food, includes the following:

(a) agreeing to sell food or offering or displaying it for sale;

(b) possessing food for the purpose of sale or preparation for sale;

(c) delivering food to another person for the purpose of sale or preparation for sale;

(d) bartering food or exchanging it or agreeing to exchange it;

(e) offering food as a prize, reward or incentive. (« vendre »)

Reference to "Act" includes regulations

1(2)        A reference to "this Act" includes the regulations made under this Act.

PART 2

RESPONSIBILITY FOR FOOD SAFETY

Responsibility for safe food

2           An operator is responsible for ensuring that the food in his or her food premises is safe for human consumption.

No sale of contaminated food

3           An operator who sells or distributes to a person any food that is a food safety risk commits an offence.

PART 3

LICENCES

Designation of food premises

4(1)        The Lieutenant Governor in Council may, by regulation, designate a type or class of food premises as being subject to this Part.

Requirement for licence

4(2)        A person who operates food premises of a type or class designated by regulation must hold a licence issued under section 5.

Licences for designated food premises

5(1)        In accordance with the regulations, the director may issue licences to persons for the operation of designated food premises.

Licence fee

5(2)        A person to whom a licence is issued must pay the licence fee specified in the regulations.

Licence holder must comply with Act

5(3)        It is a condition of a licence that the person to whom it is issued comply with this Act.

Terms or conditions

5(4)        The director may, in accordance with the regulations,

(a) amend, add or impose terms or conditions on a licence issued under this section; and

(b) suspend, cancel or refuse to renew a licence.

Licence not transferable

5(5)        A licence is not transferable.

Registry of licensed food premises

5(6)        In accordance with the regulations, the director may maintain a public registry of food premises in respect of which licences have been issued under this section.

Compliance with licence terms and conditions

6           A person to whom a licence is issued under this Act must comply with the terms and conditions of that licence.

Emergency suspension if possible harm

7           If the director believes on reasonable grounds that there is a food safety risk in designated food premises that poses an immediate risk to the health of any person, the director may suspend the licence, without notice, for a period of up to 45 days.

Adverse licensing decision: definition

8(1)        In this section, "adverse licensing decision" means a decision

(a) to refuse to issue a licence under subsection 5(1);

(b) to amend, add or impose terms or conditions on a licence under clause 5(4)(a); or

(c) to suspend, cancel or refuse to renew a licence under clause 5(4)(b).

Opportunity to make written response

8(2)        Before making an adverse licensing decision, the director must notify the person whose licence or application is under consideration, in writing,

(a) that the director intends to make an adverse licensing decision, and why; and

(b) that the person may, within 14 days after receiving the notice, submit a written response to the director as to why the decision should not be made.

Action by director

8(3)        If the person submits a written response under subsection (2), the director must consider it before making an adverse licensing decision and must give the person a copy of any such decision, with written reasons.

PART 4

FOOD SAFETY INSPECTIONS AND ORDERS

INSPECTIONS

Appointment of inspectors

9(1)        The minister may appoint any person as an inspector for the purpose of this Act.

Designation

9(2)        The minister may designate a person or class of persons to act as an inspector in relation to any matter referred to in the designation, on such terms as the minister may specify.

General inspection powers

10(1)       An inspector may, at any reasonable time and where reasonably required to administer or determine compliance with this Act,

(a) enter and inspect any food premises, or any other premises that the inspector believes on reasonable grounds are being used as food premises;

(b) stop a vehicle in which the inspector believes on reasonable grounds there is any food or other thing relevant to the inspection;

(c) conduct any test, take any sample, or make any other examination of the premises or any food or other thing;

(d) open any container that the inspector believes on reasonable grounds contains food or any other thing relevant to the inspection;

(e) require any food or other thing to be produced for testing or other examination;

(f) use or operate any equipment or other thing in or on the premises, or require it to be operated, used or dismantled under specified conditions;

(g) require any person to provide information or produce any record, for examination or copying;

(h) use any data storage, processing or retrieval device or system in or on the premises in order to produce a record in readable form;

(i) take photographs or videotapes or otherwise make a record of the premises, or of food or any other thing in or on the premises;

(j) take any other steps the inspector considers necessary.

Removal of records to make copies

10(2)       If an inspector is not able to make copies of records at the premises being inspected, he or she may remove them to make copies, but must give a receipt to the person from whom they were taken and return the originals as soon as practicable.

Entry to private dwelling

10(3)       An inspector may not enter a private dwelling except with the consent of the owner or occupant or under the authority of a warrant.

Warrant to enter and inspect private dwelling

10(4)       On application by an inspector, a justice may at any time issue a warrant authorizing the inspector and any other person named in the warrant to enter and inspect a private dwelling, if the justice is satisfied there are reasonable grounds to believe that

(a) entry to the dwelling is necessary for the purpose of administering or determining compliance with this Act; and

(b) entry to the dwelling has been refused or will be refused.

Application without notice

10(5)       A warrant under subsection (4) may be issued upon application without notice.

Reasonable force

10(6)       In exercising a power under this section, an inspector may use such force or obtain such assistance from a peace officer or other person as is reasonable in the circumstances.

Assistance to inspector

10(7)       The operator of premises being inspected under this section, and any person found there,

(a) must give the inspector all reasonable assistance to enable the inspector to carry out any action authorized under this Act;

(b) must produce any food or other thing that the inspector requires; and

(c) must provide any information that the inspector requires.

Identification to be shown

10(8)        An inspector carrying out an inspection under this Act must show his or her identification if requested to do so.

SEARCH AND SEIZURE

Warrant to search and seize re offence

11(1)       A justice who is satisfied by information on oath that there are reasonable grounds to believe that

(a) an offence under this Act is being or has been committed; and

(b) there is to be found in or on any premises any food or other thing that will afford evidence of the offence;

may at any time issue a warrant authorizing an inspector and any other person named in the warrant, together with such peace officers as are required to assist, to enter and search the premises for the food or other thing and to seize it and as soon as practicable bring it before a justice, or report on it to a justice, to be dealt with according to law.

Application without notice

11(2)       A warrant under this section may be issued upon application without notice.

Search and seizure in exigent circumstances

11(3)       If an inspector believes on reasonable grounds that the conditions for obtaining a warrant under subsection (1) exist but, because of exigent circumstances, it would not be practical to obtain one, the inspector may exercise any of the powers he or she would be able to exercise under such a warrant.

Seizure without warrant

11(4)       An inspector who is lawfully present on premises or in any place under the authority of a warrant or otherwise in carrying out his or her duties, may, without a warrant, seize any food or other thing that the inspector believes on reasonable grounds will afford evidence respecting an offence under this Act.

Seizure and detention of food and other things

12(1)       An inspector who believes on reasonable grounds

(a) that food or any other thing is a food safety risk; or

(b) that food does not meet a prescribed standard;

may seize or detain the food or other thing or have it detained for any examination or inspection that the inspector considers necessary.

If no food safety risk

12(2)       If, on examination or inspection, the inspector is satisfied that food or any other thing seized or detained under subsection (1) is not a food safety risk and, in the case of food, also meets prescribed standards, the inspector must notify the operator or person from whom the food or other thing was seized and release it to them.

If not reclaimed

12(3)       If the operator or other person

(a) fails to reclaim the food or other thing within seven days after receiving a notice under subsection (2) or, in the case of food, within any earlier time specified in the notice; or

(b) waives his or her right to reclaim the food or other thing;

the inspector may destroy or otherwise dispose of the food or thing.

If food safety risk

12(4)       If, on examination or inspection, the inspector is satisfied that the food or other thing seized or detained under subsection (1) is a food safety risk or does not meet a prescribed standard, the inspector may

(a) in the case of food, condemn the food and mark, denature, destroy or dispose of it, or order the operator to do so under section 13;

(b) in the case of any other thing, destroy or dispose of it, or order the operator to do so under section 13; and

(c) take any other action the inspector considers reasonably necessary to deal with any food safety risk or prevent it from recurring.

Limit on destruction of non-food item

12(5)       An inspector must not destroy or dispose of anything under clause (4)(b) without giving the operator or other person written notice of the intent to destroy or dispose of the thing, and informing the person that he or she may request a review of the decision under section 15.  In that case, section 15 applies as if the written notice were an order, with necessary changes.

ORDERS

Order by inspector

13(1)       An inspector may issue an order under this section if the inspector has reasonable grounds to believe that

(a) a food safety risk exists and issuing an order is necessary to prevent, decrease, control or eliminate the risk; or

(b) a person has failed to comply with this Act.

To whom order may be directed

13(2)       An order may be directed to any one or more of the following:

(a) the operator of food premises, including any person who appears to be in charge of the food premises;

(b) any person carrying on an activity in food premises;

(c) any other person or class of persons specified in the regulations.

Oral order

13(3)       If the delay necessary to put the order in writing is likely to significantly increase the food safety risk, the inspector may give the order orally.  But the order must be confirmed in writing within 72 hours.

Order must state reasons

13(4)       The order must

(a) briefly describe the reasons for the order; and

(b) inform the person to whom it is directed of any right under section 15 to request the director to review the making of the order.

Contents of order

13(5)       The order may require the person to whom it is directed to,

(a) within the time specified in the order, take the steps specified in the order to prevent, decrease, control or eliminate the food safety risk or to ensure compliance with this Act; and

(b) report to the inspector on the steps taken to comply with the order, within the time specified.

Specific content

13(6)       Without limiting the generality of subsection (5), the order may direct a person to do any one or more of the following:

(a) clean and disinfect the premises or specified equipment;

(b) modify or not use specified equipment;

(c) not use, or modify the use of, specified production or processing practices for any food or agricultural input;

(d) not use, or modify the use of, specified ingredients or agricultural inputs;

(e) remove a specified thing from the premises;

(f) mark, denature, destroy or dispose of food that has been condemned under subsection 12(4);

(g) destroy or dispose of anything other than food that is a food safety risk;

(h) construct, excavate, install, modify, replace, remove, reconstruct or do other work in relation to the premises;

(i) modify or stop operations, including selling or distributing food from the premises, until the person has taken the remedial action specified in the order.

Exception: no recall

13(7)       The order must not require a person to recall any food or agricultural input.

Terms or conditions

13(8)       The inspector may make the order subject to any terms or conditions that the inspector considers appropriate.

Order given to operator, etc.

13(9)       The inspector must give the person to whom the order is directed a copy of it, which must include any terms or conditions imposed under subsection (8).

Compliance

13(10)      A person who is given an order under this section must comply with it within the time specified in the order.

Director may carry out order if no compliance

14(1)       If a person to whom an order is directed under section 13 fails to comply with it, the director may

(a) take any action the director considers necessary to carry out the order, including requesting the assistance of a peace officer or any other person; and

(b) order the person to whom the order is directed to pay the cost of the action taken.

Costs may be recovered

14(2)       An order to pay costs may be registered in court and enforced as if it were a judgment of the court.

REVIEW OF INSPECTOR'S ORDER

Right to request a review

15(1)         A person to whom an inspector's order under subsection 13(1) is directed may request the director to review it, except that an order to mark, denature, destroy or dispose of food may not be reviewed.

Written response

15(2)       A request for a review must take the form of a written response to the order setting out reasons why the director should vary or rescind the order under subsection (5).  It may also contain a request that the director suspend all or part of the order under review pending a final decision under that subsection.

Deadline

15(3)       The written response must be given to the director no later than 14 days after the person receives the order under subsection 13(9).

Suspending the order

15(4)       On request, the director may suspend the operation of all or any part of the order under review if

(a) the director needs further time to consider the written response;

(b) the written response sets out facts or arguments that, if confirmed, would establish reasonable grounds for the director to vary or rescind the order under subsection (5); and

(c) it is reasonable to conclude that

(i) granting the suspension will not place anyone's health at risk, and

(ii) the person to whom the order is directed will suffer a significant loss if the suspension is not granted.

Action by director

15(5)       Upon receiving a written response, the director must consider the inspector's order and the written response and may confirm, vary or rescind the order.

Written reasons

15(6)       Upon making an order under subsection (5), the director must give a copy of the order to the person who requested the review, and include written reasons.

RECALL ORDER

Recall order

16(1)       If the minister believes on reasonable grounds that food or an agricultural input that has been sold or distributed is a food safety risk, he or she may, in accordance with the regulations and after consulting with the chief provincial public health officer, order the food or agricultural input to be recalled or withdrawn or sent to a place designated by the minister.

Failure to comply

16(2)       A person who fails to comply with an order under this section commits an offence.

CONTROL AREA ORDER

Order establishing a control area

17(1)       The minister may establish a control area if he or she believes on reasonable grounds that there is a food safety risk in the area that constitutes a significant risk to public health.

Content of order

17(2)       An order establishing a control area may

(a) prohibit or restrict persons or classes of persons from selling, transporting or distributing food or agricultural inputs within, from or to the control area in the circumstances specified in the order; and

(b) impose any other requirements that the minister considers necessary to protect public health.

Failure to comply

17(3)       A person who fails to comply with an order under this section commits an offence.

PART 5

INFORMATION PROVISIONS

REPORTING FOOD SAFETY RISKS

Duty to report food safety risk

18          If an operator of food premises reasonably believes that a food safety risk of a type specified in the regulations exists on the premises, the operator must promptly report that belief, and the basis for it, to the director or an inspector in accordance with the regulations.

Voluntary reporting

19(1)       Any person who reasonably believes that a food safety risk exists on food premises may report that belief, and the basis for it, to the director or an inspector.

No retaliation

19(2)       No employer shall discipline, suspend, demote, discharge, harass, interfere with or otherwise disadvantage an employee, or threaten to do any of those things to an employee, who in good faith reports information under subsection (1).

REPORTING INFORMATION

Director may require information

20(1)       The director may require any person, organization or government department or agency to provide information that the director considers necessary

(a) to prevent, reduce, control or eliminate a food safety risk;

(b) to monitor and report on food safety and food safety risks; or

(c) to administer or enforce this Act.

Duty to provide information

20(2)       A person, organization or government department or agency that is required to provide information under subsection (1) must do so.

Definition

20(3)       In this section, "government department" means a department, branch or office of the executive government of the province.

PROTECTION OF PERSONS WHO REPORT

Persons reporting protected from liability

21          No action or proceeding may be brought against a person who in good faith

(a) complies with a request or requirement to report or provide information under this Act; or

(b) voluntarily reports or provides information about a food safety risk under this Act.

PART 6

ENFORCEMENT

ADMINISTRATIVE PENALTIES

Administrative penalty: failure to comply

22(1)       If an inspector, or a person authorized by the director, is of the opinion that a person has failed to comply with a prescribed provision of this Act, he or she may issue a notice in writing requiring the person to pay an administrative penalty in the amount set out in the regulations.

Maximum amount

22(2)       An administrative penalty may not exceed $5,000.

Notice

22(3)       A notice of administrative penalty must set out

(a) the provision of this Act that the person failed to comply with;

(b) the amount of the penalty, determined in accordance with the regulations;

(c) when and how the penalty must be paid; and

(d) a statement that the person may appeal the matter to the director within 14 days after being served with the notice, on one or more of the bases set out in subsection 23(1).

Serving the notice

22(4)       A notice of administrative penalty must be served on the person required to pay the penalty.  It may be served personally or delivered to the person's last known address in a way that provides the sender with an acknowledgment of receipt.

Appeal to the director

23(1)       Within 14 days after being served with the notice of administrative penalty, the person required to pay the penalty may appeal the matter to the director by giving the director a written notice of appeal setting out one or more of the following bases of appeal:

(a) that the finding of non-compliance was incorrect;

(b) that the amount of the penalty was not determined in accordance with the regulations;

(c) that the amount of the penalty is not justified in the public interest.

The requirement to pay the penalty is stayed until the director decides the matter.

Notice of hearing

23(2)       Upon receiving a notice of appeal, the director must

(a) fix a date, time and place for hearing the appeal; and

(b) give the person appealing, and the person who issued the notice of administrative penalty, written notice of the hearing at least five days before the hearing date.

Decision of the director

23(3)       After hearing the appeal, the director must

(a) confirm or revoke the administrative penalty; or

(b) vary the amount of the penalty, if the director believes that it was not determined in accordance with the regulations or is not justified in the public interest.

Serving the decision

23(4)       The director must serve a copy of the decision made under subsection (3) on the person appealing, and provide written reasons.

Appeal to court

24(1)       Within 30 days after receiving the director's decision under subsection 23(4), the person required to pay the administrative penalty may appeal the decision by filing a notice of appeal with the court and serving a copy on the director.  The notice must set out one or more of the bases for appeal referred to in subsection 23(1).

Director is a party

24(2)       The director is a party to an appeal under subsection (1), and is entitled to be heard, by counsel or otherwise, on the appeal.

Decision of court

24(3)       After hearing the appeal, the court must consider the bases of appeal set out in subsection 23(1), and may confirm the director's decision, quash it or vary it in any manner that the court considers appropriate.

Payment

25(1)       Subject to an appeal under section 23 or 24, a person required to pay an administrative penalty must pay it within 30 days after the notice of the penalty is served.

Debt due to government

25(2)       The amount of the penalty is a debt due to the government if it is not paid

(a) within 30 days after notice of the penalty is served; or

(b) if the penalty is appealed, within 30 days after the decision is made on the appeal.

Certificate registered in court

25(3)       The director may certify a debt referred to in subsection (2), or any part of such a debt that has not been paid. The certificate may be registered in court and may be enforced as if it were a judgment of the court.

No offence to be charged if penalty paid

25(4)       A person who pays an administrative penalty under this section for failing to comply with a provision of this Act may not be charged with an offence respecting that failure unless the failure continues after the penalty is paid.

Public disclosure of administrative penalties

26          The director may issue public reports disclosing details of administrative penalties issued under this Act.

OFFENCES

Offences

27(1)       A person who contravenes a provision of this Act is guilty of an offence.

False or misleading information

27(2)       A person who knowingly provides false or misleading information when applying for a licence under this Act, or when requested or required to provide information by the director or an inspector, is guilty of an offence.

Obstruction

27(3)       A person who obstructs, impedes or refuses to admit an inspector or peace officer who is performing a duty or exercising a power under this Act is guilty of an offence.

Corporate officers and directors

27(4)       If a corporation commits an offence under this Act, a director, officer, employee, or agent of the corporation who authorized, permitted or acquiesced in the commission of the offence is also guilty of an offence, whether or not the corporation has been prosecuted or convicted.

Penalty: individuals

28(1)       An individual who commits an offence under this Act is liable on summary conviction to a fine of not more than $50,000 or imprisonment for a term of not more than six months, or both.

Penalty: corporations

28(2)       A corporation that commits an offence under this Act is liable on summary conviction to a fine of not more than $500,000.

DOCUMENTARY AND CERTIFICATE EVIDENCE

Documentary and certificate evidence

29(1)       A copy of a document issued by an inspector or another person authorized under this Act and certified by the inspector or other person as a true copy is, without proof of that inspector's or person's signature or authorization,

(a) evidence of the document; and

(b) evidence that the person issuing the document was authorized to do so.

Admissibility of certificate in evidence

29(2)       In any proceeding under this Act, a certificate as to the results of an analysis that is signed, or purports to be signed, by an analyst is admissible in evidence without proof of the signature or official character of the analyst who signed the certificate, and in the absence of evidence to the contrary, is proof of the facts stated in the certificate.

Serving certificate on other party

29(3)       A party intending to produce a certificate must give notice of that intention and a copy of the certificate to the party against whom it is intended to be produced, at least seven days before the date fixed for the hearing.

COURT ORDER

Court order

30          If there are reasonable grounds to believe that a person has contravened or will contravene an order under section 13, 16 or 17, the director in the case of an order under section 13, or the minister in the case of an order under section 16 or 17, may apply to the court for an order

(a) prohibiting the person from doing anything that contravenes the order; or

(b) requiring the person to do anything necessary to comply with the order.

PART 7

GENERAL PROVISIONS

AGREEMENTS

Agreements

31(1)       For the purposes of this Act, the minister may enter into an agreement with a person or organization or the government of Canada or the government of a province or territory of Canada or an agency of any of them for the performance of any duties and functions under this Act that the minister may specify, on any terms or conditions that the minister may specify.

Terms

31(2)       An agreement may authorize the person, organization, government or agency to keep any fees, charges or costs that it is entitled to recover and use them, among other things, to defray the cost of performing the duties and functions specified in the agreement.

RECOVERY OF FEES, CHARGES OR COSTS

Recovery of fees, charges or costs

32(1)       The minister, and any person, organization, government or agency that has entered into an agreement with the minister under section 31, may recover from the operator of food premises any prescribed fees or charges and any costs incurred in relation to anything required or authorized under this Act, including, but not limited to,

(a) the examination or testing of food or other things or the storage, removal, disposal or return of any food or other things required or authorized under this Act; and

(b) the forfeiture, disposal, seizure or detention of food or other things under this Act.

Unpaid fees, charges or costs

32(2)       Fees, charges or costs that are recoverable under this section may be recovered in accordance with the regulations.

DELEGATION

Delegation of minister's duties

33(1)       The minister may, in writing, delegate to any person any of the powers, duties or functions conferred or imposed on the minister under this Act, other than the power to make regulations.

Delegation of director's duties

33(2)       The director may, in writing, delegate to any person any of the powers, duties or functions conferred or imposed on the director under this Act.

LIABILITY PROTECTION

Liability protection

34          No action or proceeding may be brought against the minister, director, an inspector or any other person acting under the authority of this Act for anything done or omitted to be done, in good faith, in the exercise or intended exercise of a power or duty under this Act.

REGULATIONS

Regulations

35(1)       The Lieutenant Governor in Council may make regulations

(a) establishing standards and requirements for food, including standards and requirements for

(i) growing, raising, cultivating, keeping and harvesting food,

(ii) producing, manufacturing, slaughtering, processing, preparing and packaging food,

(iii) marking and labelling food, and

(iv) handling, distributing, transporting, storing, displaying and selling food;

(b) establishing standards and requirements in relation to food premises, including standards and requirements for

(i) the location, design, construction, alteration and furnishing of food premises,

(ii) equipment, maintenance, sanitation and disinfecting of food premises,

(iii) production and processing practices used in food premises,

(iv) the control, supervision and management of food premises, and

(v) the qualifications, education, training and certification of staff and other persons carrying out activities in relation to food premises;

(c) respecting food safety systems and programs for food, agricultural inputs and food premises, including

(i) establishing requirements for food safety systems and programs,

(ii) recognizing and certifying food safety systems and programs, and

(iii) respecting the monitoring and auditing of food safety systems and programs, including the appointment, qualifications and duties of auditors;

(d) respecting the licensing of operators of food premises and persons who carry out activities in relation to food, agricultural inputs or food premises, including

(i) applications for licences and licence renewals, and eligibility requirements for applicants and holders of licences,

(ii) terms and conditions that may be placed on licences,

(iii) the responsibilities of licence holders,

(iv) financial security, including bonds, to be posted by applicants or holders of licences,

(v) suspension and cancellation of licences, including establishing the circumstances under which a licence may be suspended, cancelled or reinstated,

(vi) appeals from licensing decisions, and

(vii) prescribing licence fees or the manner of calculating them;

(e) respecting the records to be kept by operators of food premises or by others to whom this Act applies, and the reports to be made to the director or an inspector, including the form and content of records and reports and the manner in which they must be maintained, produced or delivered;

(f) specifying additional persons or classes of persons against whom an order respecting food premises can be issued by an inspector under subsection 13(2);

(g) governing a public registry of food premises in respect of which licences have been issued;

(h) respecting the posting or publication of orders and inspection reports made respecting food premises;

(i) respecting the reporting of food safety risks by operators of food premises;

(j) respecting fees or charges payable in respect of the costs of providing any service or doing anything that is connected with the administration and enforcement of this Act, including

(i) prescribing fees or charges or the manner of calculating them, and

(ii) governing the recovery of unpaid fees and charges, including authorizing orders to be made requiring that fees and charges be paid and permitting such orders to be registered in court and enforced as judgments of the court;

(k) specifying anything as being food or as not being food for the purpose of the definition "food" in subsection 1(1);

(l) designating any substance or organism as an agricultural input for the purpose of the definition "agricultural input" in subsection 1(1);

(m) establishing and governing systems to ascertain the places of origin or destination of food, agricultural inputs and other things used in or related to food premises, including requiring persons who come into contact with the food, agricultural inputs or other things to identify and track them in the prescribed manner and at the prescribed times and to maintain records and provide reports respecting them in the prescribed manner and at the prescribed times;

(n) respecting the disposal of food by-products not intended for human consumption;

(o) respecting the approval, recognition or accreditation of laboratories and their operation, including sampling, testing, equipment, analytical techniques and reporting of results to the director or an inspector;

(p) respecting the recall of food or an agricultural input under section 16;

(q) respecting the establishment of control areas under section 17;

(r) for the purpose of sections 22 to 26, respecting administrative penalties for contraventions of this Act, including regulations

(i) prescribing provisions of this Act for which a notice of administrative penalty may be issued,

(ii) prescribing the form and content of the notice of administrative penalty and the notice of appeal to the director,

(iii) respecting the determination of amounts of administrative penalties, which may vary according to the nature or frequency of the contravention, and whether the person in non-compliance is an individual or a corporation, and

(iv) respecting any other matter necessary for the administration of the system of administrative penalties provided for under this Act;

(s) exempting any person, food or food premises or any class of them from the application of all or any part of this Act and authorizing the minister to make such exemptions;

(t) respecting the manner of giving or serving any notice, order or other document under this Act and specifying the time at which it is deemed to have been given or served;

(u) respecting any transitional difficulties that may be encountered in bringing the provisions of this Act into effect;

(v) defining any word or expression used but not defined in this Act;

(w) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Act.

Regulation may establish classes

35(2)       A regulation under this Act may

(a) provide differently for different types or classes of persons, food, agricultural inputs or food premises, and may establish a classification system for this purpose;

(b) provide differently for different geographical areas.

Incorporation of codes and standards

35(3)       A regulation under this Act may incorporate or adopt by reference, and with any changes the Lieutenant Governor in Council considers appropriate, all or part of a code, rule or standard, as amended before or after the making of the regulation and relating to the subject matter of this Act, whether the code, rule or standard is promulgated by any governmental authority or by any association or other body of persons.

AMENDMENTS TO THE DEPARTMENT OF AGRICULTURE, FOOD AND RURAL INITIATIVES ACT

C.C.S.M. c. A40 amended

36           The Department of Agriculture, Food and Rural Initiatives Act is amended by adding the following after section 4:

Information re emergency planning

4.1(1)      The minister may require any person, organization or government department or agency to provide information relating to food or food premises, as those terms are defined in The Food Safety Act, which the minister considers necessary to identify, assess, plan for and deal with any emergency, including a pandemic, that causes or may cause a significant disruption of Manitoba's food supply.

Collection on minister's behalf

4.1(2)      The minister may authorize any person, organization or government department or agency to collect information under subsection (1) on his or her behalf.

Duty to provide information

4.1(3)      A person, organization, government department or agency that is required to provide information under subsection (1) must do so.

CONSEQUENTIAL AMENDMENTS AND REPEALS

Consequential amendments, C.C.S.M. c. L170

37          Clauses 26(1)(e), (f) and (k) of The Livestock and Livestock Products Act are repealed.

Consequential amendments, C.C.S.M. c. L175

38(1)       The Livestock Industry Diversification Act is amended by this section.

38(2)       Section 14 is repealed.

38(3)       Clause 34(1)(k) is repealed.

Repeal

39          The Dairy Act, S.M. 1996, c. 36, is repealed.

C.C.S.M. REFERENCE AND COMING INTO FORCE

C.C.S.M. reference

40          This Act may be cited as The Food Safety Act and referred to as chapter F138 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

41          This Act comes into force on a day to be fixed by proclamation.

 

 


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