Regulations Amending the Agriculture and Agri-Food Administrative Monetary Penalties Regulations: SOR/2019-94
Canada Gazette, Part II, Volume 153, Number 9
Registration
SOR/2019-94 April 9, 2019
AGRICULTURE AND AGRI-FOOD ADMINISTRATIVE MONETARY PENALTIES ACT
The Minister of Agriculture and Agri-Food and the Minister of Health, pursuant to subsection 4(1) footnote a of the Agriculture and Agri-Food Administrative Monetary Penalties Act footnote b, make the annexed Regulations Amending the Agriculture and Agri-Food Administrative Monetary Penalties Regulations.
Ottawa, April 4, 2019
Marie-Claude Bibeau
Minister of Agriculture and Agri-Food
Ottawa, April 2, 2019
Ginette Petitpas Taylor
Minister of Health
Regulations Amending the Agriculture and Agri-Food Administrative Monetary Penalties Regulations
Amendments
1 Paragraphs 2(a) to (c) of the Agriculture and Agri-Food Administrative Monetary Penalties Regulations footnote 1 are replaced by the following:
- (a) the contravention of a provision of the Health of Animals Act, the Plant Protection Act or the Safe Food for Canadians Act, or of a regulation made under one of those Acts, that is set out in column 1 of any Division of any Part of Schedule 1;
- (b) the contravention of an order made by the Minister under a provision of the Plant Protection Act that is set out in column 1 of Division 1 of Part 2 of Schedule 1; and
- (c) the refusal or neglect to perform any duty imposed by or under a provision of the Health of Animals Act, the Plant Protection Act or the Safe Food for Canadians Act, or of a regulation made under one of those Acts, that is set out in column 1 of any Division of any Part of Schedule 1.
2 Part 3 of Schedule 1 to the Regulations is replaced by the following:
PART 3
Safe Food for Canadians Act and Safe Food for Canadians Regulations
DIVISION 1
Safe Food for Canadians Act
(S.C. 2012, c. 24)
| Item |
Column 1 |
Column 2 Short-form Description |
Column 3 Classification |
|
|---|---|---|---|---|
| Provision of Safe Food |
Provision of Safe Food |
|||
1 |
4 |
Import a food commodity the selling of which is prohibited |
Very serious |
|
2 |
5 |
Sell a food commodity that is the subject of a recall order |
Very serious |
|
3 |
6(1) |
Manufacture, prepare, package, label, sell, import or advertise a food commodity in a manner that is false, misleading or deceptive or likely to create an erroneous impression |
Very serious |
|
4 |
8 |
Threaten to render a food commodity injurious to human health |
Very serious |
|
5 |
10(2) |
Import a prescribed food commodity without being authorized to do so by the prescribed licence |
Very serious |
|
6 |
11 |
Sell, advertise or possess a food commodity that has been sent, conveyed or imported in contravention of any provisions of the Safe Food for Canadians Act or the Safe Food for Canadians Regulations |
Very serious |
|
7 |
12 |
Possess for the purpose of sending, conveying or exporting any prescribed food commodity that does not meet the requirements of the Safe Food for Canadians Regulations |
Very serious |
|
8 |
13(2) |
Conduct a prescribed activity in respect of a prescribed food commodity without being authorized to do so by the prescribed licence |
Very serious |
|
9 |
14(1)(a) |
Apply or use an inspection mark or grade name without the prescribed authorization |
Very serious |
|
10 |
14(1)(b) |
Advertise or sell a thing that has an inspection mark or grade name on it, or advertise or sell a thing in respect of which such an inspection mark or grade name is used in connection with the thing, without the prescribed authorization |
Very serious |
|
11 |
14(2)(a) |
Apply or use a thing likely to be mistaken for an inspection mark or grade name |
Serious |
|
12 |
14(2)(b) |
Advertise or sell anything that has on it a thing that is likely to be mistaken for an inspection mark or grade name or anything that has that thing used in connection with it |
Serious |
|
13 |
15 |
Make a false or misleading statement or provide false or misleading information to a referred person |
Very serious |
|
14 |
16 |
Obstruct or hinder a referred person |
Very serious |
|
15 |
17(1) |
Alter, destroy or falsify a referred document |
Very serious |
|
16 |
17(2)(a) |
Alter a document issued, made or given under the Safe Food for Canadians Act |
Very serious |
|
17 |
17(2)(b) |
Possess or use a document issued, made or given under the Safe Food for Canadians Act that has been altered |
Very serious |
|
18 |
18 |
Possess or use a document not issued, made or given under the Safe Food for Canadians Act that is likely to be mistaken for a document issued, made or given under that Act |
Very serious |
|
19 |
20(4) |
Fail to comply with any condition of the licence |
Very serious |
|
20 |
24(2)(d) |
Refuse or neglect to move, not to move or to restrict the movement of an item |
Very serious |
|
21 |
24(2)(h) |
Refuse or neglect to establish identity |
Very serious |
|
22 |
24(2)(i) |
Refuse or neglect to stop or start an activity |
Very serious |
|
23 |
24(2)(j) |
Refuse or neglect to comply with an order prohibiting or limiting access to a place or anything in the place |
Very serious |
|
24 |
24(3) |
Refuse or neglect to stop a conveyance or move it to a place where the inspector can enter it |
Very serious |
|
25 |
24(6) |
Fail to give assistance to the inspector or to provide a document, information or access to data to the inspector |
Very serious |
|
26 |
27 |
Refuse or neglect to provide a document, information or a sample on the date, at the time and place, and in the manner specified by the inspector |
Serious |
|
27 |
28 |
Without authorization, remove, alter or interfere with anything seized under the Safe Food for Canadians Act |
Very serious |
|
28 |
29(b) |
Refuse or neglect to store or move anything seized under the Safe Food for Canadians Act |
Serious |
|
29 |
29(c) |
Refuse or neglect to dispose of anything seized under the Safe Food for Canadians Act |
Very serious |
|
30 |
32(1) |
Refuse or neglect to remove a referred imported food commodity from Canada or to destroy it |
Very serious |
|
31 |
10(3) |
8(1) |
Send, convey, import or export a food that does not meet the prescribed requirements |
Very serious |
32 |
13(1) |
10 |
Manufacture, process, treat or preserve a food that has been imported or that is to be exported or to be sent or conveyed by using a food additive or other substance that is not permitted or that does not comply with the prescribed limits or levels |
Serious |
33 |
10(3) |
11(1) |
Import a food that was not manufactured, prepared, stored, packaged or labelled under the prescribed conditions or in the prescribed manner |
Very serious |
34 |
10(3) |
15(1)(a) |
Send, convey or export a food that was manufactured, processed, treated, preserved, graded, packaged or labelled in Canada without such activity being conducted by a licence holder in accordance with the Safe Food for Canadians Act or the Safe Food for Canadians Regulations |
Very serious |
35 |
10(3) |
15(1)(b) |
Send, convey or export a food that was not imported by a licence holder in accordance with the Safe Food for Canadians Act or the Safe Food for Canadians Regulations |
Very serious |
36 |
10(3) |
15(1)(c)(i) |
Send, convey or export a meat product containing a meat product that was manufactured, processed, treated, preserved, packaged or labelled in Canada without such activity being conducted by a licence holder in accordance with the Safe Food for Canadians Act or the Safe Food for Canadians Regulations |
Very serious |
37 |
10(3) |
15(1)(c)(ii) |
Send, convey or export a meat product containing a meat product that has been derived from a livestock carcass or a poultry carcass that has been graded in Canada without having been graded by a grader in accordance with the Safe Food for Canadians Regulations |
Very serious |
38 |
10(3) |
15(1)(c)(iii) |
Send, convey or export a meat product containing an imported meat product that was not imported by a licence holder in accordance with the Safe Food for Canadians Act or the Safe Food for Canadians Regulations |
Very serious |
39 |
10(3) |
15(1)(c)(iv) |
Send, convey or export a meat product containing meat that is derived from food animals that were slaughtered in Canada without such activity being conducted by a licence holder in accordance with the Safe Food for Canadians Act or the Safe Food for Canadians Regulations |
Very serious |
40 |
13(1) |
95(1) |
Prepare by pasteurizing eggs in the shell that have been imported or that are to be sent, conveyed or exported and that are not graded Canada A or Grade A |
Serious |
41 |
10(3) |
95(2) |
Import eggs pasteurized in the shell that are not graded Grade A before pasteurization |
Serious |
42 |
10(1) |
97 |
Import eggs graded Grade C or Grade Nest Run without delivering them directly to the referred establishment |
Serious |
43 |
10(1) |
98(1) |
Import ungraded eggs without meeting the prescribed requirements |
Serious |
44 |
10(1) |
99(1) |
Send or convey prescribed eggs without delivering them to the referred establishment |
Serious |
45 |
10(1) |
99(2) |
Send or convey eggs graded Canada Nest Run without delivering them to the referred establishment |
Serious |
46 |
10(1) |
99(3) |
Send or convey ungraded eggs without meeting the prescribed requirements |
Serious |
47 |
13(1) |
102(1) |
Process or treat eggs that are to be sent or conveyed or exported and that do not meet the prescribed requirements |
Very serious |
48 |
13(1) |
102(2) |
Process or treat a processed egg product that is to be sent, conveyed or exported and that is derived from eggs that do not meet the prescribed requirements |
Very serious |
49 |
10(1) |
106(1) |
Import live or raw shellfish without meeting the prescribed conditions |
Very serious |
50 |
13(1) |
107(1) |
Manufacture, prepare, store, package or label shellfish that is to be exported or to be sent or conveyed and that does not meet the prescribed requirements |
Very serious |
51 |
13(1) |
125(1) |
Prepare by identifying as edible a meat product that is to be exported or to be sent or conveyed without meeting the prescribed requirements |
Very serious |
52 |
13(1) |
125(2) |
Prepare by identifying a prescribed meat product as edible without meeting the prescribed requirements |
Serious |
53 |
13(1) |
126 |
Prepare by using a urinary bladder, an intestine or any part of them as a natural casing for an edible meat product that is to be exported or to be sent or conveyed without meeting the prescribed requirements |
Very serious |
54 |
13(1) |
156 |
Prepare a meat product that is to be exported or to be sent or conveyed without taking one of the prescribed measures when it is contaminated |
Very serious |
55 |
13(1) |
157 |
Prepare by identifying as edible a prescribed meat product derived from a pig that is to be exported or to be sent or conveyed, without meeting the prescribed requirements |
Very serious |
56 |
13(1) |
158 |
Prepare by identifying as edible a meat product derived from an equine that is to be exported or to be sent or conveyed without meeting the prescribed requirements |
Very serious |
57 |
13(1) |
159 |
Prepare by identifying as edible a meat product derived from a prescribed bovine carcass that is to be exported or to be sent or conveyed, without meeting the prescribed requirements |
Very serious |
58 |
10(1) |
167(a) |
Import an edible meat product from a foreign state that does not have a recognized inspection system for meat products at the time the meat product was manufactured, prepared, stored, packaged or labelled |
Very serious |
59 |
10(1) |
167(b) |
Import an edible meat product from a foreign state that does not have a recognized inspection system at the time of the import |
Very serious |
60 |
10(1) |
167(c) |
Import an edible meat product coming from an establishment that does not have a recognized system for manufacturing, processing, treating, preserving, handling, testing, grading, coding, slaughtering, storing, packaging or labelling |
Very serious |
61 |
10(1) |
167(d) |
Import an edible meat product without providing an inspector with a prescribed official document issued by the foreign state in the approved form |
Very serious |
62 |
10(1) |
168(1)(a) |
Export an edible meat product without providing an inspector with the prescribed document |
Serious |
63 |
10(1) |
168(1)(b) |
Export an edible meat product for which a certificate or other prescribed document has not been issued |
Serious |
64 |
10(3) |
186 |
Send, convey, import or export a prepackaged food that does not have a package that meets the prescribed requirements |
Very serious |
65 |
10(3) |
201 |
Send, convey, import or export a food whose label bears a common name that does not meet any prescribed standard that applies in respect of the common name |
Serious |
66 |
10(3) |
203(1) |
Send, convey, import or export a prepackaged food with an item of information on the label that does not meet the prescribed requirements even if it is not prescribed that this information be on the label |
Minor |
67 |
10(3) |
206(1) |
Send, convey, import or export a referred consumer prepackaged food whose label does not bear the required information in both official languages |
Minor |
68 |
10(3) |
208 |
Send, convey, import or export a food whose label does not bear the required information in the prescribed manner |
Minor |
69 |
10(3) |
218(1)(a) |
Send, convey, import or export a prepackaged food whose label does not bear the common name of the food on the principal display panel |
Serious |
70 |
10(3) |
218(1)(b) |
Send, convey, import or export a prepackaged food whose label does not bear the name and principal place of business of the person by whom or for whom the food was manufactured, prepared, produced, stored, packaged or labelled on the prescribed part |
Serious |
71 |
10(3) |
218(1)(c) |
Send, convey or import a prepackaged food whose label does not bear the prescribed information |
Very serious |
72 |
10(3) |
221 |
Send, convey or import a consumer prepackaged food whose label does not bear the declaration of net quantity on its principal display panel |
Minor |
73 |
10(3) |
222 |
Send, convey or import a consumer prepackaged food whose label bears a reference to the place of manufacture of the label or container but does not bear the prescribed additional statement |
Minor |
74 |
10(3) |
223(1) |
Send, convey or import a consumer prepackaged food wholly manufactured, processed or produced in a foreign state whose label does not show the prescribed information in the prescribed manner |
Minor |
75 |
10(3) |
223(2) |
Send or convey a consumer prepackaged food that was wholly manufactured, processed or produced in a foreign state, that has been packaged in Canada and whose label does not show the prescribed information in the prescribed manner |
Minor |
76 |
10(3) |
223(3) |
Send, convey or import a consumer prepackaged food whose label does not show the geographic origin of the food in the prescribed manner |
Minor |
77 |
10(3) |
224(1) |
Send, convey or import a consumer prepackaged food to which a flavouring ingredient is added and whose label does not bear the prescribed statement in the prescribed circumstances |
Minor |
78 |
10(3) |
224(2) |
Send, convey or import a consumer prepackaged food to which a flavouring ingredient is added and whose label does not bear the required statement in the prescribed location |
Minor |
79 |
10(3) |
225 |
Send, convey, import or export a prepackaged food whose label is not applied or attached to it in such a manner that the label is still applied or attached at the time the food is sold |
Minor |
80 |
10(3) |
226 |
Send, convey or import a consumer prepackaged food whose label is not applied or attached to the container in the prescribed manner at the time it is offered for sale |
Minor |
81 |
10(3) |
227(1) |
Send, convey or import a consumer prepackaged food that does not have all or part of the label applied to the principal display surface |
Minor |
82 |
10(3) |
229(1) |
Send, convey or import a consumer prepackaged food whose prescribed information is not shown on the label in characters of at least the minimum prescribed height |
Minor |
83 |
10(3) |
230 |
Send, convey or import a consumer prepackaged food whose declaration of net quantity shown on the label does not meet the prescribed requirements |
Minor |
84 |
10(3) |
231(a) |
Send, convey or import a referred consumer prepackaged food whose declaration of net quantity is not shown on the label by volume, weight or numerical count in the prescribed manner |
Minor |
85 |
10(3) |
231(b) |
Send, convey or import a referred consumer prepackaged food whose declaration of net quantity is not shown on the label in the prescribed manner |
Minor |
86 |
10(3) |
232 |
Send, convey or import a consumer prepackaged food whose declaration of net quantity is not shown on the label in metric units |
Minor |
87 |
10(3) |
233(1) |
Send, convey or import a consumer prepackaged food whose metric units shown on the label in the declaration of net quantity are not in the prescribed units |
Minor |
88 |
10(3) |
239 |
Send, convey or import a prescribed consumer prepackaged food sold as one unit, whose declaration of net quantity does not show the prescribed information on the label |
Minor |
89 |
10(3) |
244 |
Send, convey, import or export a food, other than a consumer prepackaged food, whose declaration of net quantity is not shown on the label by volume, weight or numerical count in the prescribed manner |
Minor |
90 |
10(3) |
245(1)(a) |
Send, convey, import or export a prepackaged food that does not have a label bearing the required information applied or attached to its container |
Serious |
91 |
10(3) |
245(1)(b) |
Send, convey, import or export a food that is not a prepackaged food that does not have a label bearing the required information applied or attached to it |
Serious |
92 |
10(3) |
245(3) |
Send, convey, import or export a food whose required information is shown on the part of the label that is applied or attached to the bottom of the prepackaged food or container, without meeting the other prescribed requirements |
Minor |
93 |
10(3) |
246(d) |
Send, convey, import or export a prepackaged dairy product other than a consumer prepackaged dairy product whose declaration of net quantity is not shown on the principal display panel in the prescribed manner |
Minor |
94 |
10(3) |
250(1) |
Import a prescribed dairy product or send, convey or export such a dairy product whose label does not bear the prescribed information in the prescribed manner |
Minor |
95 |
10(3) |
250(2) |
Send, convey or export a prescribed consumer prepackaged cheese whose principal display panel does not show the prescribed information |
Minor |
96 |
10(3) |
254(a) |
Send, convey, import or export graded prepackaged eggs, other than consumer prepackaged eggs, whose label does not bear a declaration of net quantity |
Minor |
97 |
10(3) |
256(1) |
Import prepackaged eggs or send, convey or export such imported eggs whose label does not bear the prescribed information in the prescribed manner |
Minor |
98 |
10(3) |
258(a) |
Send, convey or export a prepackaged processed egg product whose label does not bear the prescribed inspection legend |
Minor |
99 |
10(3) |
258(b) |
Import a prepackaged processed egg product or send, convey, or export such an imported product whose label does not bear the official inspection mark of the foreign state of origin |
Minor |
100 |
10(3) |
259 |
Import a prepackaged processed egg product or send, convey or export such an imported product whose label does not bear the prescribed information in the prescribed manner |
Minor |
101 |
10(3) |
260 |
Send, convey or export a prescribed prepackaged processed egg product whose label does not bear the prescribed information in the prescribed manner |
Minor |
102 |
10(3) |
262(1)(f) |
Send, convey, import or export bivalve molluscs in the shell that are not in a hermetically sealed package, whose label does not bear the prescribed information |
Serious |
103 |
10(3) |
262(1)(k) |
Send, convey, import or export prepackaged fish, other than a consumer prepackaged fish, whose label does not bear a declaration of net quantity |
Minor |
104 |
10(3) |
265 |
Send, convey, import or export fish, other than a consumer prepackaged fish, that is in a hermetically sealed package and is commercially sterile whose label does not bear the required declaration of net quantity on the principal display panel |
Minor |
105 |
10(3) |
266 |
Import a prepackaged fish or send, convey or export such an imported fish whose label does not bear the name of the foreign state of origin |
Minor |
106 |
10(3) |
268(1)(b) |
Send, convey, import or export prepackaged fresh fruits or vegetables, other than consumer prepackaged fresh fruits or vegetables, whose label does not bear a declaration of net quantity |
Minor |
107 |
10(3) |
269(1) |
Import prepackaged fresh fruits or vegetables or send, convey or export such imported fresh fruits or vegetables whose label does not show the prescribed information in the prescribed manner on the principal display panel |
Minor |
108 |
10(3) |
272(1)(a) |
Send, convey, import or export a prepackaged processed fruit or vegetable product, other than a consumer prepackaged processed fruit or vegetable product, whose label does not bear a declaration of net quantity in metric units on the principal display panel |
Minor |
109 |
10(3) |
272(1)(n) |
Send, convey, import or export sauerkraut with preservative, or a fruit juice that is in a non-hermetically sealed package, whose label does not bear the prescribed expression |
Minor |
110 |
10(3) |
274(1) |
Import a prepackaged processed fruit or vegetable product or send, convey or export such an imported product, whose label does not bear the name of the foreign state where the product was packaged |
Minor |
111 |
10(3) |
275(1)(a) |
Send, convey, import or export prepackaged graded honey, other than consumer prepackaged graded honey, whose label does not bear a declaration of net quantity in the prescribed manner |
Minor |
112 |
10(3) |
276 |
Send, convey or export prepackaged honey that is produced in Canada and that is graded in accordance with the Safe food for Canadians Regulations whose label does not bear the prescribed expression |
Minor |
113 |
10(3) |
277(1) |
Import prepackaged honey or send, convey or export such imported honey whose label does not bear the prescribed information in the prescribed manner |
Minor |
114 |
10(3) |
278 |
Send, convey or export consumer prepackaged honey that is packaged from imported honey and that is graded in accordance with the Safe food for Canadians Regulations whose label does not bear the prescribed information in the prescribed manner |
Minor |
115 |
10(3) |
279(1) |
Send, convey or export prepackaged honey that is a blend of imported honey and Canadian honey and that is graded in accordance with the Safe food for Canadians Regulations whose label does not bear one of the prescribed expression |
Minor |
116 |
10(3) |
279(2) |
Send, convey or export prepackaged honey that is a blend of imported honey and Canadian honey and that is graded in accordance with the Safe food for Canadians Regulations whose label does not show the states of origin in the prescribed manner |
Minor |
117 |
10(3) |
280(1) |
Send, convey, import or export a prepackaged maple product, other than a consumer prepackaged maple product, whose label does not bear a declaration of net quantity in metric units |
Minor |
118 |
10(3) |
281 |
Import a prescribed prepackaged maple product or send, convey or export such an imported product whose label does not bear the name of the foreign state of origin |
Minor |
119 |
10(3) |
282(1)(a) |
Send, convey or export an edible meat product that is not prepackaged that does not bear the prescribed inspection legend |
Minor |
120 |
10(3) |
282(1)(b) |
Send, convey, import or export an imported edible meat product that is not prepackaged that does not bear the official inspection mark of the foreign state of origin |
Minor |
121 |
10(3) |
286(a) |
Send, convey, import or export a prepackaged edible meat product, other than a consumer prepackaged edible meat product, whose label does not bear the declaration of net quantity on the principle display panel or does bear such a declaration but it is not shown in the prescribed manner |
Minor |
122 |
10(3) |
286(b) |
Send, convey, import or export a prepackaged edible meat product whose label does not bear the prescribed statement on the principal display panel |
Minor |
123 |
10(3) |
287(1)(a) |
Send, convey or export a prepackaged edible meat product whose label does not bear the prescribed inspection legend |
Minor |
124 |
10(3) |
287(1)(b) |
Send, convey, import or export an imported prepackaged edible meat product whose label does not bear the official inspection mark of the foreign state of origin |
Minor |
125 |
10(3) |
287(2) |
Send, convey, import or export a prepackaged edible meat product, other than a consumer prepackaged meat product, that does not bear the inspection legend or the official inspection mark of the foreign state of origin on the principal display panel |
Minor |
126 |
10(3) |
290 |
Send, convey, import or export an edible meat product whose label bears a word or expression indicating or suggesting that it is a ready-to-eat product, without meeting the prescribed requirements |
Minor |
127 |
10(3) |
291 |
Send, convey, import or export a prepackaged edible meat product that is not a ready-to-eat product but could be mistaken for one, that does not bear the prescribed information on the principal display panel in the prescribed manner |
Minor |
128 |
10(3) |
297(1) |
Import an edible meat product or send, convey or export such an imported product whose label does not bear the prescribed information in the prescribed manner |
Minor |
129 |
13(1) |
342 |
Package or label an organic product to be sent or conveyed without holding the required certificate |
Serious |
130 |
10(3) |
353(1)(a) |
Send or convey a food commodity that is not an organic product and that shows a prescribed expression on its label, or advertise it using such an expression |
Minor |
131 |
10(3) |
353(1)(b) |
Send or convey a multi-ingredient food commodity that does not contain at least 95% organic products and that shows a prescribed expression on its label or advertise it using such an expression |
Minor |
132 |
10(3) |
353(2) |
Send or convey a multi-ingredient food commodity that contains less than 95% organic products and that shows a referred expression on its label, or advertise it using such an expression, without that expression being on the label in the prescribed manner |
Minor |
133 |
10(3) |
354(a) |
Send or convey a food commodity that shows a referred expression on the label without its label also bearing the prescribed information |
Minor |
134 |
10(3) |
354(b) |
Import a food commodity that shows a referred expression on the label without its label also bearing the prescribed information |
Minor |
135 |
10(3) |
354(c) |
Import, send or convey a multi-ingredient food commodity that shows a referred expression on its label without its label also bearing the prescribed information in the prescribed manner |
Minor |
136 |
10(3) |
354(d) |
Import a food commodity on which the referred product legend is applied on its label and on which a referred expression is shown on the label, without its label also bearing the prescribed information in the prescribed manner |
Minor |
137 |
10(3) |
355(1) |
Send, convey or import a food commodity whose label shows a referred expression or information on its label but does not show the expression or information in both official languages |
Minor |
138 |
10(3) |
357(1) |
Import a food commodity that is labelled with a referred expression, or advertised using such expression, without meeting the prescribed requirements |
Minor |
DIVISION 2
Safe Food for Canadians Regulations
(SOR/2018–108)
| Item |
Column 1 Provision of Safe Food for Canadians Regulations |
Column 2 Short-form Description |
Column 3 Classification |
|---|---|---|---|
1 |
8(2) |
Without authorization, mix a contaminated food with other food |
Very serious |
2 |
9(1) |
Send, convey, import or export a food for which a standard is prescribed that does not meet that standard |
Serious |
3 |
9(2) |
Send, convey, import or export a food that is likely to be mistaken for a food for which a standard is prescribed but that does not meet that standard |
Serious |
4 |
12(1) |
Import a referred food for which the importer does not have a fixed place of business in Canada without meeting the prescribed requirements |
Serious |
5 |
13(1) |
Fail to provide the prescribed import information to the Minister related to a food |
Serious |
6 |
13(2) |
Fail to provide the prescribed import information or any required document to the Minister at the prescribed time |
Serious |
7 |
14(1)(a) |
Fail to immediately deliver an imported edible meat product to a prescribed establishment, to keep it there until a further inspection is completed or to provide its address to the inspector in the prescribed case |
Very serious |
8 |
14(1)(b) |
Fail to keep an imported food other than an edible meat product at its first destination until the further inspection is completed |
Very serious |
9 |
31(1) |
Fail to conduct an activity identified in a licence in the establishment identified in the licence for that activity |
Very serious |
10 |
31(2) |
Fail to conduct an activity identified in a licence in respect of a food animal or a meat product during an approved work shift and during which inspection services are provided |
Very serious |
11 |
47(1) |
Fail to identify or analyze the biological, chemical and physical hazards that present a risk of contamination of a food |
Very serious |
12 |
47(2) |
Fail to prevent or eliminate or reduce to an acceptable level the biological, chemical and physical hazards that present a risk of contamination of a food using prescribed control measures |
Very serious |
13 |
47(3) |
Fail to identify or analyze the biological, chemical and physical hazards that present a risk of contamination of an imported food or fail to prevent or eliminate or reduce to an acceptable level those hazards using control measures that are shown to be effective |
Very serious |
14 |
48(1) |
Fail to apply the prescribed scheduled process to a low-acid food packaged in a hermetically sealed package or to use a prescribed temperature-sensitive indicator if a batch thermal treatment is applied |
Very serious |
15 |
48(3)(a) |
Fail to prepare documents that set out the prescribed information for each low-acid food |
Serious |
16 |
48(3)(b) |
Fail to prepare documents that set out the prescribed information for each application of the scheduled process to a low-acid food |
Serious |
17 |
48(4) |
Fail to keep the documents that set out the required information for three years |
Serious |
18 |
49 and 50(1) |
Fail to maintain or operate an establishment in such a manner that the establishment, and any conveyance or equipment in it, that is used in connection with a prescribed activity are clean and in a sanitary condition |
Serious |
19 |
49 and 50(2) |
Fail to maintain or operate an establishment in such a manner that the cleaning and sanitation of the establishment, and of any conveyance or equipment in it, that is used in connection with a prescribed activity are conducted in the prescribed manner |
Very serious |
20 |
49 and 51(1) |
Fail to maintain or operate an establishment in such a manner that it is protected against the entry of any animal that presents a risk of contamination of a food |
Very serious |
21 |
49 and 51(2) |
Fail to maintain or operate an establishment in such a manner that no animal is in a facility or conveyance where a prescribed activity is conducted unless the prescribed requirements are met |
Serious |
22 |
49 and 51(3) |
Fail to maintain or operate an establishment in such a manner that the prescribed measures taken present no risk of contamination of a food |
Very serious |
23 |
49 and 52(a) |
Fail to maintain or operate an establishment in such a manner that any sanitizer, agronomic input or non-food chemical agent in it is properly and clearly identified |
Minor |
24 |
49 and 52(b) |
Fail to maintain or operate an establishment in such a manner that any sanitizer, agronomic input or non-food chemical agent in it is suitable for its intended use and does not present a risk of contamination of a food |
Serious |
25 |
49 and 52(c) |
Fail to maintain or operate an establishment in such a manner that any sanitizer, agronomic input or non-food chemical agent in it is handled and used in the prescribed manner |
Serious |
26 |
49 and 53 |
Fail to maintain or operate an establishment in such a manner that any conveyance or equipment that is used in the conduct of a prescribed activity meets the prescribed requirements |
Serious |
27 |
49 and 54 |
Fail to maintain or operate an establishment in such a manner that any conveyance or equipment in it that is used to handle contaminated materials, waste or any other inedible thing meets the prescribed requirements |
Very serious |
28 |
49 and 55 |
Fail to maintain or operate an establishment where food animals are slaughtered in such a manner that it has equipment for restraining the animals during their handling, assessment, ante-mortem examination or inspection |
Minor |
29 |
49 and 56(1) |
Fail to maintain or operate an establishment where the land that forms part of it presents a risk of contamination of the food in such a manner that measures are taken to eliminate such a risk |
Serious |
30 |
49 and 56(2) |
Fail to maintain or operate an establishment where the establishment is located near a place or thing that presents a risk of contamination of a food in such a manner that measures are taken to eliminate such a risk |
Serious |
31 |
49 and 57 |
Fail to maintain or operate an establishment in such a manner that the interior of any facility or conveyance where a prescribed activity is conducted meets the prescribed requirements |
Very serious |
32 |
49 and 58(1) |
Fail to maintain or operate an establishment where food animals are slaughtered in such a manner that it has separate areas for taking the prescribed measures |
Serious |
33 |
49 and 58(2) |
Fail to maintain or operate an establishment where food animals are slaughtered in such a manner that it has an enclosed area for the handling of inedible meat products |
Very serious |
34 |
49 and 58(3) |
Fail to maintain or operate an establishment where food animals are slaughtered in such a manner that the floors, ramps, gangways and chutes provide secure footing and do not present a risk of injury to the animals during their movement |
Serious |
35 |
49 and 59(1) |
Fail to maintain or operate an establishment in such a manner that a facility or conveyance where a prescribed activity is conducted is designed, constructed and maintained in the prescribed manner |
Serious |
36 |
49 and 59(2) |
Fail to maintain or operate an establishment in such a manner that the movement of persons and things within, into and out of a facility or conveyance does not present a risk of contamination of the food |
Serious |
37 |
49 and 60 |
Fail to maintain or operate an establishment in such a manner that physical or other effective means are used to separate incompatible activities in the prescribed manner |
Very serious |
38 |
49 and 61 |
Fail to maintain or operate an establishment in such a manner that physical or other effective means are used to separate a food from a prescribed thing |
Very serious |
39 |
49 and 62(1) |
Fail to maintain or operate an establishment in such a manner that any prescribed food is identified and placed in a designated area when it arrives at the establishment |
Very serious |
40 |
49 and 62(2) |
Fail to maintain or operate an establishment in such a manner that all necessary measures are taken to prevent contamination of any food in the establishment by any prescribed food |
Very serious |
41 |
49 and 63(1) |
Fail to maintain or operate an establishment in such a manner that it is equipped with natural or artificial lighting that is appropriate for the food or for the food animal that is intended to be slaughtered and for the activity being conducted |
Serious |
42 |
49 and 63(2) |
Fail to maintain or operate an establishment in such a manner that the light fixtures meet the prescribed requirements |
Serious |
43 |
49 and 64 |
Fail to maintain or operate an establishment in such a manner that a facility or conveyance where a prescribed activity is conducted is equipped with a ventilation system that meets the prescribed requirements |
Serious |
44 |
49 and 65(1) |
Fail to maintain or operate an establishment in such a manner that the temperature and humidity level in a facility or conveyance where a prescribed activity is conducted are maintained in the prescribed manner |
Serious |
45 |
49 and 65(2) |
Fail to maintain or operate an establishment in such a manner that the heating, cooling or humidity-control system of the facility or conveyance, when equipped with such system, meets the prescribed requirements |
Serious |
46 |
49 and 66(1) |
Fail to maintain or operate an establishment in such a manner that it has means for the removal and disposal of contaminated materials and waste, and in the prescribed circumstance, be equipped with a drainage, sewage and plumbing system that functions as intended |
Very serious |
47 |
49 and 66(2) |
Fail to maintain or operate an establishment in such a manner that contaminated materials and waste are removed and disposed of in the prescribed manner |
Very serious |
48 |
49 and 67(1) |
Fail to maintain or operate an establishment in such a manner that it is equipped with hand cleaning and sanitizing stations, lavatories, showers, drinking water stations, break rooms and change rooms in the prescribed manner when it is necessary to prevent the contamination of a food |
Serious |
49 |
49 and 67(2) |
Fail to maintain or operate an establishment in such a manner that the hand cleaning and sanitizing stations that are required are effective for cleaning hands |
Serious |
50 |
49 and 67(3) |
Fail to maintain or operate an establishment in such a manner that the lavatories that are required do not present a risk of contamination of food |
Serious |
51 |
49 and 68 |
Fail to maintain or operate an establishment in such a manner that an area that meets the prescribed requirements is provided to an inspector at their request |
Very serious |
52 |
49 and 70(1) |
Fail to maintain or operate an establishment in such a manner that any water that might come into contact with a food meets the prescribed requirements |
Very serious |
53 |
49 and 70(2) |
Fail to maintain or operate an establishment in such a manner that any steam or ice that might come into contact with a food is made from water that meets the prescribed requirements |
Very serious |
54 |
49 and 70(3) |
Fail to maintain or operate an establishment in such a manner that any system that supplies water that meets the referred requirements is cross-connected with any other system in the prescribed manner |
Very serious |
55 |
49 and 70(4) |
Fail to maintain or operate an establishment in such a manner that any water or other source of hydration provided to a food animal that is to be slaughtered meets the prescribed requirements |
Very serious |
56 |
49 and 71(1) |
Fail to maintain or operate an establishment in such a manner that it is supplied with water, steam and ice in the prescribed manner |
Very serious |
57 |
49 and 71(2) |
Fail to maintain or operate an establishment in such a manner that any treatment of water, steam or ice is applied in the prescribed manner |
Very serious |
58 |
49 and 72 |
Fail to maintain or operate an establishment in such a manner that any conveyance used to convey a food to or from the establishment that is unloaded or loaded at the establishment meets the prescribed requirements |
Very serious |
59 |
49 and 73 |
Fail to maintain or operate an establishment in such a manner that any unloading and loading of a food or a food animal to be slaughtered from or onto a conveyance is conducted in the prescribed manner |
Very serious |
60 |
49 and 74(1) |
Fail to maintain or operate an establishment in such a manner that any storing of a food is conducted in the prescribed manner |
Very serious |
61 |
49 and 74(2) |
Fail to maintain or operate an establishment in such a manner that the storing of a prescribed thing is conducted in the prescribed manner |
Very serious |
62 |
49 and 75 |
Fail to maintain or operate an establishment in such a manner that any person who is involved in a prescribed activity has the necessary competencies and qualifications |
Very serious |
63 |
49 and 76 |
Fail to maintain or operate an establishment in such a manner that any person who enters or is in an area where a prescribed activity is conducted wears clothing, footwear and protective coverings that meet the prescribed requirements |
Serious |
64 |
49 and 77 |
Fail to maintain or operate an establishment in such a manner that any person who enters or is in an area where a prescribed activity is conducted maintains personal cleanliness in the prescribed manner |
Serious |
65 |
49 and 78 |
Fail to maintain or operate an establishment in such a manner that any person who enters or is in an area where a prescribed activity is conducted refrains from doing a prescribed act |
Serious |
66 |
49 and 79 |
Fail to maintain or operate an establishment in such a manner that any person who enters or is in an area where a prescribed activity is conducted refrains from wearing or using an object or substance that presents a risk of contamination of the food |
Serious |
67 |
49 and 81 |
Fail to maintain or operate an establishment in such a manner that a person who is suffering from or who is a known carrier of a communicable disease or who has an open or infected lesion is prevented from entering or being in an area of an establishment where a prescribed activity is conducted |
Very Serious |
68 |
75 |
Fail to have the necessary competencies or qualifications to carry out their duties when being involved in a prescribed activity |
Very serious |
69 |
76 |
Fail to wear clothing, footwear or protective coverings that meet the prescribed requirements when entering or being in an area where a prescribed activity is conducted |
Serious |
70 |
77 |
Fail to maintain personal cleanliness as prescribed when entering or when in an area where a prescribed activity is conducted |
Serious |
71 |
78 |
Do a prescribed act when entering or being in an area where a prescribed activity is conducted |
Serious |
72 |
79 |
Wear or use any object or substance that presents a risk of contamination of the food when entering or being in an area where a prescribed activity is conducted |
Serious |
73 |
80 |
Fail to report to the operator a disease or illness, symptoms of a disease or illness or an open or infected lesion |
Very serious |
74 |
82(1) |
Fail to immediately investigate in the prescribed circumstances |
Very serious |
75 |
82(1) and 85 |
Fail to immediately investigate in respect of an imported food in the prescribed circumstances |
Very serious |
76 |
82(2) |
Fail to immediately notify the Minister that the investigation has established that the food presents a risk of injury to human health or to immediately take action to mitigate the risk |
Very serious |
77 |
82(2) and 85 |
Fail to immediately notify the Minister that the investigation in respect of an imported food has established that the imported food presents a risk of injury to human health or to immediately take action to mitigate the risk |
Very serious |
78 |
83(1) |
Fail to prepare, keep or maintain a document setting out the procedure for receiving, investigating and responding to complaints in relation to a food |
Serious |
79 |
83(1) and 85 |
Fail to prepare, keep or maintain a document setting out the procedure for receiving, investigating and responding to complaints in relation to imported food |
Serious |
80 |
83(2) |
On receipt of a complaint in relation to a food, fail to implement the required procedure, to prepare a document setting out the prescribed information or to keep the document for the prescribed two years |
Serious |
81 |
83(2) and 85 |
On receipt of a complaint in respect of an imported food, fail to implement the required procedure, to prepare a document setting out the prescribed information or to keep the document for the prescribed two years |
Serious |
82 |
84(1) |
Fail to prepare, keep or maintain a document that sets out a procedure that enables the effective recall of a food and the name of the prescribed contact persons |
Serious |
83 |
84(1) and 85 |
Fail to prepare, keep or maintain a document that sets out a procedure that enables the effective recall of an imported food and the name of the prescribed contact persons |
Serious |
84 |
84(2)(a) |
Fail to conduct a recall simulation based on the recall procedure in respect of food at least once every 12 months |
Minor |
85 |
84(2)(a) and 85 |
Fail to conduct a recall simulation based on the recall procedure in respect of imported food at least once every 12 months |
Minor |
86 |
84(2)(b) |
Fail to prepare a document that sets out the prescribed information or to keep that document for the prescribed two years |
Minor |
87 |
84(2)(b) and 85 |
Fail to prepare a document that sets out the prescribed information in respect of imported food or to keep that document for the prescribed two years |
Minor |
88 |
84(3) |
Fail to immediately notify the Minister when a food should be recalled because it presents a risk of injury to human health |
Serious |
89 |
84(3) and 85 |
Fail to immediately notify the Minister when an imported food should be recalled because it presents a risk of injury to human health |
Serious |
90 |
84(4) |
Fail to take the prescribed measures when a food is the subject of a recall |
Serious |
91 |
84(4) and 85 |
Fail to take the prescribed measures when an imported food is the subject of a recall |
Serious |
92 |
86(1) |
Fail to prepare, keep or maintain a written preventive control plan that meets the prescribed requirements for any activity that is identified in the licence |
Very serious |
93 |
87 |
Fail to prepare, keep or maintain a written preventive control plan that meets the prescribed requirements for any activity conducted in respect of fresh fruits or vegetables in the prescribed circumstances |
Very serious |
94 |
88 |
Fail to implement the required preventive control plan |
Very serious |
95 |
90(1) |
Fail to prepare or keep documents setting out the prescribed information with respect to a food in the prescribed circumstances |
Very serious |
96 |
90(2) |
Fail to prepare or keep documents setting out the required information with respect to a food sold at retail |
Very serious |
97 |
90(3) |
Fail to keep the referred documents for the prescribed two years or to make them accessible in Canada |
Very serious |
98 |
91(1) |
Fail to provide the Minister with any referred document requested by the Minister or any part of such a document in the prescribed manner |
Very serious |
99 |
92(1) |
Provide to a person a food that does not have a label bearing the required information applied or attached to it or that does not have such a label accompanying the food |
Very serious |
100 |
98(2) |
Remove imported ungraded eggs from a referred establishment without meeting the prescribed requirements |
Serious |
101 |
100 |
Apply ink that does not meet the prescribed requirements to an egg’s shell |
Serious |
102 |
101 |
Fail to clean, sanitize or dry plastic trays before sending them to an egg producer |
Serious |
103 |
105(1)(a) |
Import live, freshwater mitten crab of the genus Eriocheir |
Very serious |
104 |
105(1)(b) |
Import a puffer fish of the family Tetraodontidae |
Very serious |
105 |
108 |
Fail to protect from dehydration or oxidation frozen fish stored in a conveyance |
Minor |
106 |
128 |
Fail to handle a food animal at the establishment in the prescribed manner, or subject it to conditions that may cause avoidable suffering, injury or death |
Serious |
107 |
129(1) |
Hit a food animal with a whip, prod or any other object |
Serious |
108 |
129(2) |
Apply an electric prod to a food animal without meeting the prescribed requirements |
Serious |
109 |
130(1) |
Fail to assess whether a food animal is showing signs of suffering or injury on its arrival at the establishment |
Serious |
110 |
130(2) |
Fail to monitor a food animal on a regular basis after its arrival at the establishment in the prescribed manner |
Serious |
111 |
130(3) |
Fail to immediately take corrective action if the prescribed conditions exist |
Serious |
112 |
130(4) |
Fail to immediately take a prescribed measure in respect of a food animal that is showing signs of suffering |
Very serious |
113 |
131(a) |
Fail to monitor a game animal on a regular basis in the prescribed manner |
Serious |
114 |
131(b) |
Fail to immediately take corrective action if the prescribed conditions exist in respect of a game animal |
Serious |
115 |
131(c) |
Fail to immediately take a prescribed measure in respect of a game animal that is showing signs of suffering |
Very serious |
116 |
132(a) |
Fail to segregate different species of food animals |
Serious |
117 |
132(b) |
Fail to segregate or isolate a sick or injured food animal in the prescribed circumstances |
Serious |
118 |
132(c) |
Fail to isolate a food animal for any of the prescribed causes |
Serious |
119 |
133 |
Fail to provide a food animal with sufficient space in the prescribed manner |
Very serious |
120 |
134 |
Fail to provide a food animal with sufficient ventilation in the prescribed manner |
Very serious |
121 |
135(1) |
Handle a food animal without meeting the prescribed requirements |
Serious |
122 |
135(2) |
Fail to use equipment or an area of an establishment for the prescribed purposes that is designed, constructed or maintained in the prescribed manner |
Serious |
123 |
136(1) |
Fail to provide a prescribed food animal that is unloaded from a conveyance at an establishment with water or another source of hydration or with feed in the prescribed manner |
Very serious |
124 |
136(2) |
Fail to provide a food animal that is confined in a crate with water or another source of hydration or with feed in the prescribed manner |
Very serious |
125 |
137(1) |
Fail to notify a veterinary inspector before removing a food animal from an establishment |
Serious |
126 |
137(2) |
Fail to notify a veterinary inspector before keeping a food animal in an establishment for more than seven days |
Serious |
127 |
138(1) |
Fail to conduct, within 24 hours before slaughter of a food animal, an ante-mortem examination of that animal or of a sample from the shipment that the food animal is part of in the prescribed manner or fail to examine the referred documents in the prescribed manner |
Serious |
128 |
138(2) |
Fail to hold for inspection by a veterinary inspector a food animal suspected of showing a deviation from normal behaviour, physiology or appearance |
Very serious |
129 |
139(1) |
Fail to present to a veterinary inspector or to an inspector under the supervision of a veterinary inspector for ante-mortem inspection, in the prescribed manner, within 24 hours before slaughter of a food animal, the food animal or a sample from the shipment that the food animal is part of, or in respect of the prescribed food animals, to present the referred documents in the prescribed manner |
Serious |
130 |
139(2) |
Fail to hold a food animal for inspection by a veterinary inspector in the prescribed circumstances |
Very serious |
131 |
140 |
Fail to take, in the prescribed circumstance, the prescribed measures in respect of a food animal, its carcass or its blood |
Very serious |
132 |
141 |
Fail to use one of the prescribed methods to render a food animal unconscious or to slaughter it before bleeding it |
Very serious |
133 |
142 |
Cut the carcass of a food animal after bleeding has started when the animal shows signs of sensibility that may indicate a potential return to consciousness |
Very serious |
134 |
143(1) |
Suspend a food animal without meeting the prescribed requirements |
Very serious |
135 |
144 |
Ritually slaughter a food animal without meeting the prescribed requirements |
Very serious |
136 |
145(1) |
Fail to dress the carcass of a food animal in the prescribed manner after the animal is bled |
Serious |
137 |
146 |
Fail to remove any blood clot, bone splinter or extraneous matter from the carcass of a food animal or from its parts or fail to identify what was removed as inedible |
Serious |
138 |
147 |
Process the blood of a food animal without meeting the prescribed requirements |
Serious |
139 |
148 |
Fail to identify the blood of a food animal that is collected to be processed as an edible meat product or the parts of a carcass of the food animal in order to correlate them with the carcass of the food animal from which they were removed until the completion of the post-mortem inspection or examination |
Serious |
140 |
149(1) |
Fail to present to a veterinary inspector or to an inspector under the supervision of a veterinary inspector, for post-mortem inspection, a carcass, its parts or any blood of the food animal that is collected |
Very serious |
141 |
149(2) |
Without authorization, remove from a carcass, before a post-mortem inspection is completed, any part that shows a deviation from normal appearance in the prescribed circumstances |
Very serious |
142 |
150(1) |
Fail to subject a carcass, its parts or the blood of the food animal that is collected to a post-mortem examination in the prescribed manner in the prescribed circumstance |
Very serious |
143 |
150(2) |
Fail to subject a carcass, its parts or the blood of the food animal that is collected to a post-mortem screening or to implement the necessary measures with respect to any defects of the carcass or its parts, in the prescribed manner in the prescribed circumstance |
Very serious |
144 |
152 |
Fail to identify as inedible, in the prescribed circumstance, any meat product that is derived from a carcass of a food animal, its parts or its blood |
Very serious |
145 |
153 |
Fail to identify as inedible a prescribed carcass, its parts or its blood |
Very serious |
146 |
154(2) |
Fail to identify as inedible a meat product that is treated as inedible |
Very serious |
147 |
155(1) |
Fail to move directly a meat product that is condemned or identified as inedible to the referred inedible products area |
Very serious |
148 |
155(2) |
Fail to take one of the prescribed measures in respect of a meat product that is moved to the inedible products area |
Very serious |
149 |
155(3) |
Fail to keep a meat product that is, contains or is derived from a specified risk material in a separate area of the inedible products area or fail to handle or destroy it in accordance with the prescribed requirements |
Very serious |
150 |
165(1) |
Fail to obtain documents containing the prescribed information from the prescribed person before slaughtering a prescribed food animal |
Very serious |
151 |
165(4) |
Fail to keep the prescribed documents for the prescribed one year |
Very serious |
152 |
166(1) |
Fail to prepare or keep documents setting out the prescribed information in respect of the prescribed food animals |
Very serious |
153 |
166(2) |
Fail to keep the prescribed documents for the prescribed one year |
Very serious |
154 |
202 |
Sell a consumer prepackaged food whose label bears a prescribed word or expression or an abbreviation, symbol or phonetic rendering of a prescribed word or expression without the food meeting the prescribed standard |
Serious |
155 |
214 and 203(1) |
Sell a prepackaged food with an item of information on the label that does not meet the prescribed requirements even if it is not prescribed that this information be on the label |
Minor |
156 |
214 and 206(1) |
Sell a referred consumer prepackaged food whose label does not bear the required information in both official languages |
Minor |
157 |
214 and 208 |
Sell a prepackaged food whose label does not bear the required information in the prescribed manner |
Minor |
158 |
214 and 218(1)(a) |
Sell a prepackaged food whose label does not bear the common name of the food on the principal display panel |
Serious |
159 |
214 and 218(1)(b) |
Sell a prepackaged food whose label does not bear the name and principal place of business of the person by whom or for whom the food was manufactured, prepared, produced, stored, packaged or labelled on the prescribed part |
Serious |
160 |
214 and 218(1)(c) |
Sell a prepackaged food whose label does not bear the prescribed information |
Very serious |
161 |
214 and 221 |
Sell a consumer prepackaged food whose label does not bear the declaration of net quantity on its principal display panel |
Minor |
162 |
214 and 222 |
Sell a consumer prepackaged food whose label bears a reference to the place of manufacture of the label or container but does not bear the prescribed additional statement |
Minor |
163 |
214 and 223(1) |
Sell a consumer prepackaged food wholly manufactured, processed or produced in a foreign state, whose label does not show the prescribed information in the prescribed manner |
Minor |
164 |
214 and 223(2) |
Sell a consumer prepackaged food whose food has been wholly manufactured, processed or produced in a foreign state, that has been packaged in Canada and whose label does not show the prescribed information in the prescribed manner |
Minor |
165 |
214 and 223(3) |
Sell a consumer prepackaged food whose label does not show the geographic origin of the food in the prescribed manner |
Minor |
166 |
214 and 224(1) |
Sell a consumer prepackaged food to which a flavouring ingredient is added and whose label does not bear the prescribed statement in the prescribed circumstances |
Minor |
167 |
214 and 224(2) |
Sell a consumer prepackaged food to which a flavouring ingredient is added and whose label does not bear the required statement at the prescribed location |
Minor |
168 |
214 and 225 |
Sell a prepackaged food whose label is not applied or attached to it in such a manner that the label is still applied or attached at the time the food is sold |
Minor |
169 |
214 and 226 |
Sell a consumer prepackaged food whose label is not applied or attached to the container in the prescribed manner |
Minor |
170 |
214 and 227(1) |
Sell a consumer prepackaged food that does not have all or part of the label applied to the principal display surface |
Minor |
171 |
214 and 229(1) |
Sell a consumer prepackaged food whose prescribed information is not shown on the label in characters of at least the minimum prescribed height |
Minor |
172 |
214 and 230 |
Sell a consumer prepackaged food whose declaration of net quantity shown on the label does not meet the prescribed requirements |
Minor |
173 |
214 and 231(a) |
Sell a referred consumer prepackaged food whose declaration of net quantity is not shown on the label by volume, weight or numerical count in the prescribed manner |
Minor |
174 |
214 and 231(b) |
Sell a referred consumer prepackaged food whose declaration of net quantity is not shown on the label in the prescribed manner |
Minor |
175 |
214 and 232 |
Sell a consumer prepackaged food whose declaration of net quantity is not shown on the label in metric units |
Minor |
176 |
214 and 233(1) |
Sell a consumer prepackaged food whose metric units shown on the label in the declaration of net quantity are not in the prescribed units |
Minor |
177 |
214 and 239 |
Sell a prescribed consumer prepackaged food sold as one unit, whose declaration of net quantity does not show the prescribed information on the label |
Minor |
178 |
215 |
Advertise a consumer prepackaged food that does not have a label applied or attached to it in the prescribed manner |
Minor |
179 |
216 |
Make a representation with respect to net quantity in the advertising for a consumer prepackaged food other than in the prescribed manner |
Minor |
180 |
240 |
Apply or attach to a consumer prepackaged food a label that bears a representation with respect to the number of servings it contains that does not bear a declaration of net quantity of each serving in the prescribed manner |
Minor |
181 |
367 |
Without authorization, remove a detention tag |
Very serious |
182 |
369 |
Fail to store at their expense and under the prescribed conditions the seized thing |
Serious |
Coming into Force
3 These Regulations come into force on the day on which they are registered.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Executive summary
Issues: Amendments to the Agriculture and Agri-Food Administrative Monetary Penalties Regulations (AAAMPs Regulations) are needed to expand the use of administrative monetary penalties to all food commodities. Administrative monetary penalties are one of many enforcement measures available to address non-compliance with provisions of the Safe Food for Canadians Act (SFCA) and the Safe Food for Canadians Regulations (SFCR).
Description: The AAAMPs Regulations are amended to include appropriate references to the SFCA, to repeal sections that are no longer relevant, and to create a new part listing provisions of the SFCA and of its Regulations that are designated as violations.
“One-for-One” Rule and small business lens: The “One-for-One” Rule and small business lens do not apply to the Regulations Amending the Agriculture and Agri-Food Administrative Monetary Penalties Regulations (the Regulations), as the amendments do not impose any new requirements. Regulated parties only incur additional costs if they violate statutory or regulatory provisions.
Issues
When it came into force on January 15, 2019, the SFCA repealed and consolidated the following agri-food legislation: Canada Agricultural Products Act, Meat Inspection Act, Fish Inspection Act and food-related provisions of the Consumer Packaging and Labelling Act. The SFCR repealed and replaced the regulations associated with these acts.
Consequential amendments in relation to the SFCA include amendments to the Agriculture and Agri-Food Administrative Monetary Penalties Act (AAAMPs Act) to include the SFCA in order to authorize the use of administrative monetary penalties in respect of all food commodities covered by the SFCA. In order to expand the administrative monetary penalties regime of the Canadian Food Inspection Agency (CFIA) to the SFCA and to its Regulations, amendments to the AAAMPs Regulations are needed to identify provisions of the SFCA and the SFCR that could be subject to an administrative monetary penalty in the event of non-compliance.
These amendments enable the issuance of notices of violation by designated persons within the CFIA and the Canada Border Services Agency (CBSA) in the event of non-compliance with certain requirements under the SFCA and the SFCR. Administrative monetary penalties are one of the many enforcement tools available under the SFCA and the SFCR.
Background
Enforcement tools available to the CFIA
Enforcement tools available to the CFIA include, but are not limited to,
- Letter of non-compliance and written warnings
- Restriction on the movement of a non-compliant product
- Seizure and detention of a non-compliant product
- Order to destroy a non-compliant product
- Order to remove a non-compliant product from Canada
- Order to stop or start an activity
- Issuance of a corrective action request
- Suspension and/or cancellation of a licence
- Administrative monetary penalty
- Prosecution
- Recall order
Together, all of the available enforcement tools form a graduated enforcement continuum aimed at supporting responses to non-compliance. The selection of the most appropriate enforcement tool is done on a case-by-case basis, using criteria identified and explained in the CFIA Compliance and Enforcement Operational Policy. footnote 2 The CFIA takes a risk-based approach to selecting appropriate measures for enforcement, while taking into consideration the nature of the non-compliance and the compliance history of the regulated party.
Administrative monetary penalties
When the AAAMPs Act was passed in 1995, the intention was for administrative monetary penalties to apply to all agri-food legislation. Currently the AAAMPs Regulations are only available to address the contravention of provisions of the Health of Animals Act and its Regulations, the Plant Protection Act and its Regulations, and most recently the Meat Inspection Act and its Regulations. footnote 3
Administrative monetary penalties are issued in the form of a notice of violation with warning or penalty where there are reasonable grounds to believe that a person has committed a violation. A person commits a violation when they do not comply with a designated provision or refuse or neglect to perform a designated duty. Schedule 1 of the AAAMPs Regulations identifies the provisions of specified acts and regulations that can be enforced through the issuance of an administrative monetary penalty and classifies them as minor, serious or very serious.
The issuance of a notice of violation with penalty results in a base monetary penalty ranging from $500 to $10,000. A base penalty in relation to a serious or very serious commercial violation can be decreased or increased by up to 50% through the calculation of a total gravity value that is based on history, intent of the regulated party and the potential or actual harm associated with the violation. Penalties can also be reduced in whole or in part as a result of compliance agreements. The CFIA can enter into a compliance agreement with a regulated party if the person who has been issued a notice of violation with a penalty of at least $2,000 agrees to take appropriate steps, with monetary expenditures, to support future compliance with requirements.
Objectives
The objectives of these regulatory amendments are to
- enable the use of administrative monetary penalties as an enforcement tool to address non-compliance with specified provisions of the SFCA and the SFCR; and
- support delivery of public policy outcomes associated with the SFCA and the SFCR.
Description
Amendments
The SFCA made consequential amendments to the AAAMPs Act to include a reference to the SFCA in the definition of “agri-food Act” and to authorize provisions of the SFCA and its Regulations to be designated as violations under Schedule 1 of the AAAMPs Regulations. These changes were necessary to bring the SFCA under the scope of the CFIA administrative monetary penalties regime.
Therefore, the following amendments to the AAAMPs Regulations are made:
- Section 2 of the AAAMPs Regulations is amended to replace the references to the Meat Inspection Act with references to the Safe Food for Canadians Act.
- Part 3 of Schedule 1 (designation of violations related to the Meat Inspection Act and Meat Inspection Regulations, 1990) to the AAAMPs Regulations is replaced to include provisions of the SFCA and its Regulations.
- A new Division 1 includes a table that lists the provisions of the SFCA that are designated as violations.
- A new Division 2 includes a table that lists the provisions of the SFCR that are designated as violations.
Considerations
Paragraph 4(1)(a) of the AAAMPs Act authorizes the making of regulations to designate as violations those provisions that can be contravened or that impose a duty. In determining which provisions of the SFCA and the SFCR to include within the scope of the administrative monetary penalties regime, consideration was given to the purpose of the provisions, the level of risk and severity of consequences associated with non-compliance, lessons learned from other legislation included in the administrative monetary penalties regime, the availability of other enforcement tools to address non-compliance and resource prioritization. The classification of non-compliance as minor, serious or very serious was also based on the above-mentioned considerations, with particular emphasis on achieving consistency with the classification of comparable provisions from the Plant Protection Act and its Regulations and the Health of Animals Act and its Regulations currently covered under the administrative monetary penalties regime.
Although violations of the Meat Inspection Act and its Regulations are removed from the AAAMPs Regulations, the meat sector would continue to be subject to administrative monetary penalties for violations of requirements of the SFCA and the SFCR. Requirements from the Meat Inspection Act and its Regulations have been carried forward to the SFCA and the SFCR.
“One-for-One” Rule
The “One-for-One” Rule does not apply to these Regulations. The Regulations do not impose any requirements; therefore, there is no administrative burden. The AAAMPs Regulations are an enforcement tool and regulated parties only incur additional costs if they violate certain requirements of the SFCA or the SFCR.
Small business lens
The small business lens does not apply to these Regulations, as there are no costs to small businesses. The Regulations are an enforcement tool and regulated parties, such as small businesses, only incur costs if they violate regulatory provisions.
Alternatives
(1) Status quo — Do not amend the current AAAMPs Regulations
This option does not enable administrative monetary penalties as an additional compliance and enforcement tool for the SFCA and the SFCR.
Furthermore, with the coming into force of the SFCA and its Regulations, the Meat Inspection Act and its Regulations are repealed and Part 3 of Schedule 1 of the AAAMPs Regulations, which designates violations related to the Meat Inspection Act and Meat Inspection Regulations, 1990, is no longer in effect. Consequently, remaining with the status quo would result in an inability of the CFIA to issue notices of violation for non-compliance in the meat sector.
(2) Amend the AAAMPs Regulations (preferred option)
This option enables administrative monetary penalties in respect of designated provisions of the SFCA and the SFCR and provides greater flexibility in compliance and enforcement tools in the food sector. This option also allows the CFIA to continue to issue notices of violation for non-compliance in the meat sector.
Consultation
Stakeholders were informed at the June 2013 Food Forum, footnote 4 in relation to the SFCA and the SFCR, that consideration would be given to extending administrative monetary penalties to all food commodities. In the context of this consultation, promotion materials were also distributed to advise stakeholders of the intent to expand the use of administrative monetary penalties. At the time, minimal feedback was received.
The amendments to the AAAMPs Regulations do not impose any new requirements on regulated parties. However, the use of administrative monetary penalties as an enforcement tool is new for many stakeholders in the food industry. Therefore, the proposed amendments were prepublished for a 60-day comment period in Canada Gazette, Part I, on October 21, 2017. During this public consultation period, approximately 140 comments were received from 22 stakeholders including associations, industry, consultants and one provincial government. The types of comments received included the following:
- Requests to change regulatory text, specifically concerning the classification of violations. Classifications were changed for three violations from minor to serious as a result of comments received. These changes were required to correct a misclassification in the proposed amendments and bring these classifications better in line with other similar violations. Another item has been removed following the removal of the associated requirement in the SFCR.
- Expressions of support or lack of support for expanding the use of administrative monetary penalties to all food commodities. While two stakeholders clearly supported its use as an additional enforcement response to promote compliance for all food sectors, other stakeholders were not supportive of this type of enforcement regime overall.
- Questions and clarifications on the implementation of the AAAMPs Regulations. This encompasses the majority of comments received from stakeholders. For example, many sought more detail on general AAAMPs Regulations processes (e.g. issuance, payment, appeal); the difference between corrective action requests and administrative monetary penalties; how inspectors would be trained; what type of guidance is available; and the interpretation of certain SFCR requirements in the context of the AAAMPs Regulations. These concerns have been addressed by the CFIA through guidance documents to industry, communication initiatives, and training to CFIA staff who issue administrative monetary penalties.
- Comments that were not directly relevant to the regulatory proposal. Examples include suggestions to have inspector reports reviewed by a third party before administrative monetary penalties can be issued; that industry be given the opportunity to be heard before notices are publicly published (this is already the case as company names are not published until appeal processes are concluded).
Rationale
The way that food is produced and distributed has undergone fundamental changes. The food safety landscape has become more complex, resulting in new food safety risks and changes in business practices. Industry is responsible for using systems that meet regulatory requirements. The verification of products and the compliance of regulated parties should target areas of highest risk and be based on the best available science.
The CFIA is responsible for enforcing federal laws and regulations relating to food safety, animal health, and plant health. The failure to comply with an act or regulations compromises the public policy objectives of that legislation. Therefore, non-compliance must be addressed to support meeting important societal, economic, and environmental objectives.
Amendments to the AAAMPs Regulations are necessary to allow CFIA and CBSA staff (as designated by the Minister of Health or the Minister of Agriculture and Agri-Food) to issue notices of violations in the event of contraventions of specified requirements under the SFCA and its Regulations. The amendments not only allow the CFIA to continue to use administrative monetary penalties for meat-related violations, but also allow for the consistent and fair application of administrative monetary penalties in respect of all food commodities. The CFIA has been transparent in its intention to expand administrative monetary penalties to all food commodities and has made this commitment in past public consultations.
Graduated enforcement continuum
The availability of a broad range of enforcement tools, including administrative monetary penalties, is essential for a regulatory agency such as the CFIA to effectively carry out its mandate. The graduated enforcement continuum provides flexibility in the selection of an appropriate enforcement tool and in the fair application of criteria established in the CFIA Compliance and Enforcement Operational Policy. This policy guides CFIA officials in compliance promotion, monitoring, and enforcement activities as a whole, including the selection of an appropriate enforcement tool from the continuum.
Administrative monetary penalties
The use of administrative monetary penalties has been shown to be an effective compliance tool that has been successfully employed by the CFIA for the Health of Animals Act and its Regulations and the Plant Protection Act and its Regulations. The CFIA’s 2012 Evaluation of Administrative Monetary Penalties footnote 5 showed that administrative monetary penalties ensure that regulations are respected, are not punitive and are generally less expensive compared to prosecution or licence suspension or cancellation. They are not intended to redress a wrong done to society but to ensure that the regulation of certain activities in the agriculture and agri-food industry is respected.
Implementation, enforcement and service standards
Regulated parties are responsible for being knowledgeable about and complying with their obligations under the SFCA and the SFCR. The amendments to the AAAMPs Regulations do not impose any new requirements on regulated parties or change the scope of existing requirements; they only serve to support the enforcement of the SFCA and the SFCR. Regulated parties can expect that any non-compliance with the SFCA and the SFCR would be treated seriously by the CFIA and dealt with in a professional manner.
Compliance promotion
Administrative monetary penalties are one of several enforcement options in a graduated process that the CFIA may use to respond to non-compliance with the requirements of the SFCA and the SFCR. The CFIA is aiming to promote and enhance compliance with the requirements of the SFCA and the SFCR in an effort to reduce the need for enforcement actions. This includes a number of tools and measures, such as “model systems” and guidance documents.
“Model systems” are written descriptions and procedures of systems that meet SFCA and SFCR requirements. “Model systems” can be used to support regulated parties in developing new and updated systems and processes that are in compliance with the requirements of the SFCA and the SFCR.
Guidance documents, written in plain language, provide stakeholders with information and more in depth processes to assist with regulatory compliance. For example, the CFIA has completed interpretative guidance documents, which are intended to assist both CFIA staff and external stakeholders by explaining what the SFCA and the SFCR requirements are, why they are important, and how compliance can be demonstrated.
CFIA implementation
While the SFCA and SFCR came into force on January 15, 2019, the Regulations come into force on the day on which they are registered.
Operational guidance for CFIA staff has been developed, and training has been provided to help promote consistent enforcement of SFCA and SFCR requirements. This includes updating the CFIA Compliance and Enforcement Operational Policy to reflect the issuance of administrative monetary penalties for all food commodities. The purpose of this policy is to drive a more strategic, consistent, fair, and transparent compliance and enforcement approach that supports the CFIA in effectively delivering its mandate. This policy also discusses how to assist regulated parties in understanding their regulatory obligations, as well as the CFIA’s work to monitor compliance and address non-compliance.
Aggregate data on the CFIA’s enforcement and compliance activities is posted on the CFIA website. Information posted includes basic quarterly information on notices of violations with warnings and/or penalties issued under the AAAMPs Act.
Compliance agreements and review mechanisms
The AAAMPs Regulations permit the CFIA to enter into compliance agreements with persons who commit violations if the persons agree to take appropriate steps to support future compliance with the relevant statutory or regulatory requirements and correct the violation. These compliance agreements may also allow for a reduction, in whole or in part, of an administrative monetary penalty.
Review mechanisms are also available pursuant to the AAAMPs Act. A person who has been issued a notice of violation may request, within 30 days, a review of the facts of the violation by the Canada Agricultural Review Tribunal or by the Minister. Where the Minister carries out the review, a request can be made within 15 days to have the Minister’s decision reviewed by the Canada Agricultural Review Tribunal. Canada Agricultural Review Tribunal decisions are subject to judicial review by the Federal Court of Appeal.
Contact
Executive Director
Food Safety and Consumer Protection Directorate
Canadian Food Inspection Agency
1400 Merivale Road, Tower 1
Ottawa, Ontario
K1A 0Y9
Email: cfia.foodreg-regaliments.acia@canada.ca