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S.M. 2009, c. 8

Bill 7, 3rd Session, 39th Legislature

The Food Safety and Related Amendments Act

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) Entry to private dwelling
(4) Warrant to enter and inspect private dwelling
(5) Application without notice
(6) Reasonable force
(7) Assistance to inspector
(8) 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
PROTECTION OF PERSONS WHO REPORT
21 Persons reporting protected from liability
PART 6
ENFORCEMENT
ADMINISTRATIVE PENALTIES
22(1) Administrative penalty: failure to comply
(2) Maximum amount
(3) Notice
(4) Serving the notice
23(1) Appeal to the director
(2) Notice of hearing
(3) Decision of the director
(4) Serving the decision
24(1) Appeal to court
(2) Director is a party
(3) Decision of court
25(1) Payment
(2) Debt due to government
(3) Certificate registered in court
(4) No offence to be charged if penalty paid
26 Public disclosure of administrative penalties
OFFENCES
27(1) Offences
(2) False or misleading information
(3) Obstruction
(4) Corporate officers and directors
28(1) Penalty: individuals
(2) Penalty: corporations
DOCUMENTARY AND CERTIFICATE EVIDENCE
29(1) Documentary and certificate evidence
(2) Admissibility of certificate in evidence
(3) Serving certificate on other party
COURT ORDER
30 Court order
PART 7
GENERAL PROVISIONS
AGREEMENTS
31(1) Agreements
(2) Terms
RECOVERY OF FEES, CHARGES OR COSTS
32(1) Recovery of fees, charges or costs
(2) Unpaid fees, charges or costs
DELEGATION
33(1) Delegation of minister's duties
(2) Delegation of director's duties
LIABILITY PROTECTION
34 Liability protection
REGULATIONS
35(1) Regulations
(2) Regulation may establish classes
(3) Incorporation of codes and standards
AMENDMENTS TO THE DEPARTMENT OF AGRICULTURE, FOOD AND RURAL INITIATIVES ACT
36 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
37 Consequential amendments, C.C.S.M. c. L170
38(1) Consequential amendments, C.C.S.M. c. L175
(2)
(3)
39 Repeal
C.C.S.M. REFERENCE AND COMING INTO FORCE
40 C.C.S.M. reference
41 Coming into force

 

 
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