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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 |