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The Margarine Act

REPEALED
Date: June 9, 2005

C.C.S.M. c. M30

THE MARGARINE ACT

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

Definitions

1           In this Act,

"inspector" means an inspector employed in the department of government over which the minister presides and through which this Act is administered; (« inspecteur »)

"margarine" includes oleo, oleomargarine, butterine, and any substitute for butter of whatever origin, source, or composition, that is prepared for same uses as butter and is manufactured wholly or in part from any fat or oil other than that of milk; (« margarine »)

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

"package" includes any wrapper, carton, box, tub, crock, crate, or any other covering or container; (« emballage »)

"public eating place" means any place where food or drink is offered for sale to the public for consumption on the premises and includes a hotel, inn, restaurant, public conveyance, eating house, and lunch counter. (« lieu public de consommation »)

S.M. 2000, c. 35, s. 57.

Conditions for sale, etc., of margarine

2           No person shall, within the province, offer for sale, sell, or have in his possession for sale, any margarine unless the package containing it complies with the regulations, and has legibly marked thereon, in addition to anything required under any Act of the Parliament of Canada or of the Legislature,

(a) the word "margarine" on the main panel in conspicuous letters;

(b) a list of the ingredients in the margarine;

(c) the net weight of the product contained therein; and

(d) the name and address of the manufacturer of the margarine.

Notice of use of margarine in public eating place

3(1)        Every owner, operator, or manager of a public eating place where margarine is served shall comply with the terms and conditions prescribed in the regulations and cause the words: "Margarine served here" to be prominently printed on every menu or bill of fare used therein; and no menu or bill of fare shall be used in a public eating place where margarine is served unless the words: "Margarine served here" are prominently printed thereon.

Placard

3(2)        Every owner, operator, or manager, of a public eating place where margarine is served but in which a printed or written menu or bill of fare is not used shall comply with the terms and conditions prescribed in the regulations and display or cause to be displayed, in a conspicuous place in the dining room or other eating place thereof, a placard containing the words: "Margarine served here" in capital letters not less than one and one-half inches high.

Water and fat content

4           No person shall, within the province, sell, offer for sale, have in his possession for sale, or serve to the public, any margarine containing less than 80% of fat, unless the margarine contains less than 40% of fat and is labelled diet margarine or diet spread.

Use of misleading advertising

5(1)        No person shall make a misleading claim with respect to margarine, either by word or design, in an advertisement respecting margarine or in a label on a package in which margarine is contained.

Advertising indicating relation to dairy products

5(2)        No advertisement respecting margarine, and no label on a package containing margarine, shall

(a) state or imply that margarine has a relation to any dairy product other than skimmilk; or

(b) depict a dairy scene.

Mixing margarine and butter

6           No person shall mix margarine with butter for purposes of sale or for use in a public eating place.

Licence to manufacture or sell by wholesale

7           No person shall, within the province, manufacture or sell by wholesale margarine without obtaining from the minister a licence for the purpose.

Inspection

8           Every owner, operator, or manager, of a place where margarine is manufactured, sold, offered for sale, stored, or served to the public, shall permit any inspector to enter and inspect that place at all reasonable times.

Regulations

9           For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make such regulations and orders as are ancillary thereto and are not inconsistent therewith; and every regulation or order made under, and in accordance with the authority granted by this section has the force of law; and, without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations and orders

(a) providing for the issue of licences to manufacturers and wholesalers of margarine, prescribing the form, duration, and conditions of licences and the fees to be paid therefor, and providing for the transfer, renewal, suspension, and cancellation thereof;

(b) prescribing standards of quality for margarine;

(c) prescribing the powers and duties of inspectors with respect to enforcement of this Act and the regulations;

(d) prescribing the types of, and specifications for, packages in which margarine may be sold;

(e) prescribing terms and conditions to be complied with by persons selling or serving margarine in public eating places.

Offences and penalties

10          Every person who contravenes, fails to obey, or refuses or neglects to observe, any provision of this Act or of the regulations, or who obstructs an inspector in the exercise of his powers or the performance of his duties is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $500 or to imprisonment for not more than six months, or to both.