Vol. 151, No. 42 — October 21, 2017

Regulations Amending the Agriculture and Agri-Food Administrative Monetary Penalties Regulations

Statutory authority

Agriculture and Agri-Food Administrative Monetary Penalties Act

Sponsoring agency

Canadian Food Inspection Agency

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Executive summary

Issues: Proposed 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 would be one of many enforcement tools available to address non-compliance with provisions of the Safe Food for Canadians Act (SFCA) and the proposed Safe Food for Canadians Regulations (SFCR).

Description: The AAAMPs Regulations would be 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 would be designated as violations.

“One-for-One” Rule and small business lens: The “One-for-One” Rule and small business lens do not apply to this proposal, as the proposed amendments do not impose any new requirements. Regulated parties only incur additional costs if they violate statutory or regulatory provisions.

Issues

When it comes fully into force, the Safe Food for Canadians Act (SFCA) would repeal and consolidate the Canada Agricultural Products Act, Meat Inspection Act, Fish Inspection Act and food-related provisions of the Consumer Packaging and Labelling Act. The proposed Safe Food for Canadians Regulations (SFCR) would repeal and replace the regulations associated with these acts.

The SFCA will authorize the use of administrative monetary penalties in respect of all food commodities once it is fully in force. 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 proposed SFCR that could be subject to an administrative monetary penalty in the event of non-compliance.

These proposed amendments would enable the issuance of notices of violation by designated persons within the CFIA and the Canada Border Services Agency in the event of non-compliance with certain requirements under the SFCA and the proposed SFCR. Administrative monetary penalties would be one of the many enforcement tools available under the SFCA and the proposed SFCR.

Background

Enforcement tools available to the CFIA

Enforcement tools available to the CFIA include, but are not limited to,

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. (see footnote 1) 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 Agriculture and Agri-Food Administrative Monetary Penalties Act (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. (see footnote 2)

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 proposed regulatory amendments are to

Description

Proposed amendments

The SFCA will authorize the use of administrative monetary penalties for all food commodities once the Act is fully in force. The SFCA will also make 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 proposed:

In both Division 1 and Division 2 of Part 3 of Schedule 1 to the AAAMPs Regulations, each violation would be classified as minor, serious or very serious and each would establish a short-form description.

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 proposed 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 would be 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 its Regulations. Requirements from the Meat Inspection Act and its Regulations have been carried forward to the SFCA and its Regulations.

“One-for-One” Rule

The “One-for-One” Rule does not apply to these proposed amendments. The AAAMPs 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 proposed SFCR.

Small business lens

The small business lens does not apply to these proposed amendments, 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 would not enable administrative monetary penalties as an additional compliance and enforcement tool for the SFCA and the proposed SFCR.

Furthermore, with the coming into force of the SFCA and its Regulations, the Meat Inspection Act and its Regulations will be 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, would no longer be 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 would enable administrative monetary penalties in respect of designated provisions of the SFCA and the proposed SFCR and provide greater flexibility in compliance and enforcement tools in the food sector. This option would also allow 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, (see footnote 3) in relation to the SFCA and the proposed 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 proposed amendments to the AAAMPs Regulations would not impose any new requirements on regulated parties. However, the use of administrative monetary penalties as an enforcement tool would be new for many stakeholders in the food industry. Therefore, the proposed amendments are prepublished for a 60-day comment period, during which interested parties are invited to submit comments in respect of the proposed amendments. Following this consultation, the CFIA will take comments received into consideration and revise the proposed amendments to the AAAMPs Regulations, if required.

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 Canada Border Services Agency staff (as designated by 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 proposed amendments would not only allow the CFIA to continue to use administrative monetary penalties for meat-related violations, but would 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 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 Regulations and the Plant Protection Act and Regulations. The CFIA’s 2012 Evaluation of Administrative Monetary Penalties (see footnote 4) showed that administrative monetary penalties are generally less punitive and costly sanctions compared to prosecution or licence suspension or cancellation.

The CFIA is developing an Administrative Monetary Penalties Policy (see footnote 5) to guide the CFIA and its officials in the appropriate and effective design and implementation of administrative monetary penalties as a specific tool along the graduated enforcement continuum. The guiding principles and objectives of the CFIA’s draft Administrative Monetary Penalties Policy informed the design of the administrative monetary penalties regime for food commodities, and they would continue to apply as the CFIA works to deliver and report on administrative monetary penalties for violations identified in the AAAMPs Act and Regulations. The consistent and transparent application of administrative monetary penalties supports the CFIA in being fair, timely, risk-based and effective in the enforcement of all legislation for which it is responsible.

As per the draft Administrative Monetary Penalties Policy and through the use of performance measurement information, the CFIA would continue to monitor the effectiveness of administrative monetary penalties as a tool to promote compliance.

Implementation, enforcement and service standards

Regulated parties are responsible for being knowledgeable about and complying with their obligations under the SFCA and the proposed SFCR. The proposed amendments to the AAAMPs Regulations would 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 proposed SFCR. Regulated parties can expect that any non-compliance with the SFCA and the proposed SFCR would be treated seriously by the CFIA and would be 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 proposed SFCR. The CFIA is aiming to promote and enhance compliance with the requirements of the SFCA and the proposed 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 proposed SFCR.

Guidance documents, written in plain language, would 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 internal and external stakeholders by explaining what the SFCA and the proposed SFCR requirements are, why they are important, and how compliance can be demonstrated.

These documents would be made available on the CFIA website when the SFCA and the proposed SFCR are published in the Canada Gazette, Part II.

CFIA implementation

The amendments to the AAAMPs Regulations would come into force when the SFCA and the proposed SFCR come fully into force. The requirements of the SFCA and the proposed SFCR as well as the proposed amendments to the AAAMPs Regulations would be communicated to inspectors and investigators in advance of the coming into force.

Operational guidance for CFIA staff is under development. Training will be provided to help promote consistent enforcement of SFCA and proposed 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 Compliance and Enforcement Operational Policy is used to identify the CFIA’s current practices and protocols with respect to enhancing and improving compliance through enforcement activities. This policy 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. The identity of persons to whom notices of violations have been issued is not disclosed (other than for repeat violators of animal transportation requirements under the Health of Animals Regulations).

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
Domestic Food Safety Systems and Meat Hygiene Directorate
Canadian Food Inspection Agency
1400 Merivale Road, Tower 1
Ottawa, Ontario
K1A 0Y9
Email: Food-Reg-Aliments@inspection.gc.ca

PROPOSED REGULATORY TEXT

Notice is given that the Minister of Agriculture and Agri-Food and the Minister of Health, pursuant to subsection 4(1) (see footnote a) of the Agriculture and Agri-Food Administrative Monetary Penalties Act (see footnote b), propose to make the annexed Regulations Amending the Agriculture and Agri-Food Administrative Monetary Penalties Regulations.

Interested persons may make representations concerning the proposed Regulations within 60 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Richard Arsenault, Executive Director, Domestic Food Safety Systems & Meat Hygiene Directorate, Canadian Food Inspection Agency, 1400 Merivale Road, Tower 1, Ottawa, Ontario K1A 0Y9 (tel.: 613-773-6156; email: CFIA-Modernisation-ACIA@inspection.gc.ca).

Ottawa, September 21, 2017

Lawrence MacAulay
Minister of Agriculture and Agri-Food

Ginette Petitpas Taylor
Minister of Health

Regulations Amending the Agriculture and Agri-Food Administrative Monetary Penalties Regulations

Amendments

1 (1) Paragraph 2(a) of the Agriculture and Agri-Food Administrative Monetary Penalties Regulations (see footnote 6) is replaced by the following:

(2) Paragraph 2(c) of the Regulations is replaced by the following:

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

Provision of Safe Food for Canadians
Act



Provision of Safe Food for Canadians Regulations

Column 2




Short-form Description

Column 3




Classification

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

7

 

Tamper with a food commodity, its label or its package with the intent to render the food commodity injurious to human health or cause a reasonable apprehension in others that it is injurious to human health

Very serious

5

8

 

Threaten to render a food commodity injurious to human health

Very serious

6

9

 

Communicate false or misleading information with the intent to cause a reasonable apprehension in others that a food commodity was tampered with in order to render it injurious to human health

Very serious

7

10(2)

 

Import a food commodity without being authorized to do so by a licence

Very serious

8

11

 

Sell, advertise or possess a food commodity that has been sent, conveyed or imported unlawfully

Very serious

9

12

 

Possess for the purpose of sending, conveying or exporting any food commodity that does not meet the requirements of the regulations

Very serious

10

13(2)

 

Conduct an activity in respect of a food commodity without being authorized to do so by a licence

Very serious

11

14(1)(a)

 

Without authorization, apply or use an inspection mark or grade name

Very serious

12

14(1)(b)

 

Without authorization, advertise or sell a thing that has an inspection mark or grade name on it or used in connection with it

Very serious

13

14(2)(a)

 

Apply or use a thing likely to be mistaken for an inspection mark or grade name

Serious

14

14(2)(b)

 

Advertise or sell anything that has on it or used in connection with it a thing that so resembles an inspection mark or grade name that it is likely to be mistaken for it

Serious

15

15

 

Make a false or misleading statement, or provide false or misleading information, to a referred person

Very serious

16

16

 

Obstruct or hinder a referred person

Very serious

17

17(1)

 

Alter, destroy or falsify a referred document

Very serious

18

17(2)(a)

 

Alter a document issued, made or given under the Safe Food for Canadians Act

Very serious

19

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

20

18

 

Possess or use a document that so resembles a document issued, made or given under the Safe Food for Canadians Act that it is likely to be mistaken for one

Very serious

21

20(4)

 

Fail to comply with the conditions of a licence

Very serious

22

24(2)(d)

 

Refuse or neglect to move, not move or restrict the movement of an item

Very serious

23

24(2)(h)

 

Refuse or neglect to establish identity

Very serious

24

24(2)(i)

 

Refuse or neglect to stop or start an activity

Very serious

25

24(2)(j)

 

Refuse or neglect to comply with an order prohibiting or limiting access to a place or thing

Very serious

26

24(3)

 

Refuse or neglect to stop a conveyance or move it to a place where the inspector can enter it

Very serious

27

24(6)

 

Fail to give assistance to an inspector or to provide a document, information or access to data to an inspector

Very serious

28

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 an inspector

Serious

29

28

 

Without authorization, remove, alter or interfere with a seized thing

Very serious

30

29(b)

 

Refuse or neglect to store or move a seized thing

Serious

31

29(c)

 

Refuse or neglect to dispose of a seized thing

Very serious

32

32(1)

 

Refuse or neglect to remove a referred imported food commodity from Canada or to destroy it

Very serious

33

10(3)

8

Send, convey, import or export a food that does not meet the prescribed requirements

Very serious

34

10(3)

9(1)

Import a food that was not manufactured, prepared, stored, packaged or labelled in the prescribed manner or under the prescribed conditions

Very serious

35

10(3)

13(1)(a)

Send, convey or export a food that was not manufactured, processed, treated, preserved, graded, packaged or labelled by a licence holder

Very serious

36

10(3)

13(1)(b)

Send, convey or export a food that was not imported by a licence holder

Very serious

37

10(3)

13(1)(c)(i)

Send, convey or export a meat product containing a meat product that was not manufactured, processed, treated, preserved, graded, packaged or labelled by a licence holder

Very serious

38

10(3)

13(1)(c)(ii)

Send, convey or export a meat product containing a meat product that was not imported by a licence holder

Very serious

39

10(3)

13(1)(c)(iii)

Send, convey or export a meat product containing meat, a meat by-product or mechanically separated meat that is derived from food animals that were not slaughtered by a licence holder

Very serious

40

13(1)

18

Use a food additive or other substance that is not permitted or that does not comply with the prescribed limits or levels in or on a food that has been imported or that is to be exported or to be sent or conveyed, for which a standard is prescribed

Serious

41

13(1)

92(1)

Pasteurize eggs in the shell that have been imported or that are to be exported or to be sent or conveyed, that have not been graded Canada A or Grade A

Serious

42

10(3)

92(2)

Import eggs pasteurized in the shell that are not graded Grade A before pasteurization

Serious

43

10(1)

94

Import ungraded eggs without meeting the prescribed requirements

Serious

44

10(1)

96(1)

Send or convey prescribed eggs without delivering them to a prescribed establishment

Serious

45

10(1)

96(2)

Send or convey eggs graded Canada Nest Run without delivering them to a prescribed establishment

Serious

46

10(1)

96(3)

Send or convey ungraded eggs without meeting the prescribed requirements

Serious

47

13(1)

99(1)

Process or treat eggs that are to be exported or to be sent or conveyed, that do not meet the prescribed requirements

Very serious

48

13(1)

99(2)

Process or treat a processed egg product that is to be exported or to be sent or conveyed, derived from eggs that do not meet the prescribed requirements

Very serious

49

10(1)

102(1)

Import live or raw shellfish from a foreign state that does not have a recognized system of inspection

Very serious

50

13(1)

103

Manufacture, prepare, store, package or label shellfish that is to be exported or to be sent or conveyed, that does not meet the prescribed requirements

Very serious

51

13(1)

124(1)

Identify 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)

126

Use 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

53

13(1)

155

Identify as edible a meat product derived from a pig, that does not require further preparing before consumption and that is to be exported or to be sent or conveyed, without meeting the prescribed requirements

Very serious

54

13(1)

156

Identify as edible a meat product that is to be exported or to be sent or conveyed, derived from an equine whose carcass does not meet the prescribed requirements

Very serious

55

13(1)

157

Identify as edible a meat product that is to be exported or to be sent or conveyed, derived from a bovine whose carcass is affected by or shows evidence of bovine cysticercosis, without meeting the prescribed requirements

Very serious

56

10(1)

165(a)

Import an edible meat product from a foreign state that does not have a recognized system of inspection

Very serious

57

10(1)

165(b)

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

58

10(1)

165(c)

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

59

10(1)

166(1)(a)

Export a meat product without providing an inspector with the prescribed written document

Serious

60

10(1)

166(1)(b)

Export a meat product for which a certificate or other prescribed document has not been issued

Serious

61

10(3)

183

Send, convey, import or export a prepackaged food that does not have a package that meets the prescribed requirements

Very serious

62

10(3)

197

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

63

10(3)

203(1)(a)

Send, convey or import a prepackaged food, or export a prepackaged food other than a consumer prepackaged food, whose label does not bear the common name of the food on the principal display panel

Serious

64

10(3)

203(1)(b)

Send, convey or import a prepackaged food or export a prepackaged food other than a consumer prepackaged food, whose label does not bear on the prescribed part the name and principal place of business of the person by whom or for whom the food was manufactured, prepared, stored, packaged or labelled

Serious

65

10(3)

203(1)(c)

Send, convey or import a prepackaged food whose label does not bear the prescribed information

Very serious

66

10(3)

206

Send, convey or import a consumer prepackaged food whose label does not bear the declaration of net quantity on its principal display panel

Minor

67

10(3)

207

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

68

10(3)

208(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

69

10(3)

208(2)

Send or convey a consumer prepackaged food 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

70

10(3)

208(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

71

10(3)

209(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

Minor

72

10(3)

209(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

73

10(3)

210

Send, convey or import a prepackaged food or export a prepackaged food other than a consumer prepackaged food, whose label is not applied or attached to it in such a manner that the food will be labelled at the time it is sold

Minor

74

10(3)

216(1)

Send, convey or import a consumer prepackaged food whose prescribed information is not shown in characters of at least the minimum prescribed height

Minor

75

10(3)

217

Send, convey or import a consumer prepackaged food whose declaration of net quantity does not meet the prescribed requirements

Minor

76

10(3)

218(1)

Send, convey or import a consumer prepackaged food whose declaration of net quantity is not shown by volume or weight as prescribed

Minor

77

10(3)

219

Send, convey or import a consumer prepackaged food whose declaration of net quantity is not shown by volume, weight or numerical count as prescribed

Minor

78

10(3)

220

Send, convey or import a consumer prepackaged food whose declaration of net quantity is not shown in metric units

Minor

79

10(3)

221(1)

Send, convey or import a consumer prepackaged food whose metric units shown in the declaration of net quantity are not in the prescribed units

Minor

80

10(3)

227

Send, convey or import a consumer prepackaged food consisting of two or more individually packaged foods, but sold as one unit, whose declaration of net quantity does not show the prescribed information

Minor

81

10(3)

232

Send, convey, import or export a food whose declaration of net quantity is not shown by volume, weight or numerical count as prescribed

Minor

82

10(3)

233(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

83

10(3)

233(1)(b)

Send, convey, import or export a food other than a prepackaged food that does not have a label bearing the required information applied or attached to it

Serious

84

10(3)

233(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

Minor

85

10(3)

234(d)

Send, convey, import or export a prepackaged dairy product whose declaration of net quantity is not shown on the principal display panel in the prescribed units

Minor

86

10(3)

238(1)

Send, convey, import or export a prescribed dairy product whose label does not bear the prescribed information in the prescribed manner

Minor

87

10(3)

238(2)

Send, convey, import or export a prescribed consumer prepackaged cheese whose principal display panel does not show the required information

Minor

88

10(3)

242(a)

Send, convey, import or export graded prepackaged eggs whose label does not bear a declaration of net quantity

Minor

89

10(3)

244(1)

Import prepackaged eggs or send or convey such imported eggs, whose label does not bear the prescribed information in the prescribed manner

Minor

90

10(3)

246(a)

Send, convey or export a prepackaged processed egg product whose label does not bear the prescribed inspection legend

Minor

91

10(3)

246(b)

Import a prepackaged processed egg product whose label does not bear the official inspection mark of the foreign state of origin

Minor

92

10(3)

247

Import a prepackaged processed egg product or send or convey such an imported product, whose label does not bear the prescribed information in the prescribed manner

Minor

93

10(3)

248

Send, convey or export a prescribed prepackaged processed egg product whose label does not bear the prescribed information in the prescribed manner

Minor

94

10(3)

250(1)(e)

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

95

10(3)

250(1)(j)

Send, convey, import or export prepackaged fish whose label does not bear a declaration of net quantity

Minor

96

10(3)

255

Send, convey, import or export fish that is in a hermetically sealed package whose principal display panel does not show the required declaration of net quantity

Minor

97

10(3)

256

Import prepackaged fish or send or convey such imported fish, whose label does not bear the name of the foreign state of origin

Minor

98

10(3)

258(1)(b)

Send, convey, import or export prepackaged fresh fruits or vegetables whose label does not bear a declaration of net quantity

Minor

99

10(3)

259(1)

Import prepackaged fresh fruits or vegetables or send or convey such imported fresh fruits or vegetables, whose label does not show the prescribed information in the prescribed manner on the principal display panel

Minor

100

10(3)

262(1)(a)

Send, convey, import or export a 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

101

10(3)

262(1)(o)

Send, convey, import or export a prescribed prepackaged processed fruit or vegetable product whose label does not bear the prescribed expression

Minor

102

10(3)

264(1)

Import a prepackaged processed fruit or vegetable product or send or convey such an imported product, whose label does not bear the name of the foreign state where the product was packaged

Minor

103

10(3)

265(1)(a)

Send, convey, import or export prepackaged graded honey whose label does not bear the prescribed information

Minor

104

10(3)

265(2)

Send, convey, import or export consumer prepackaged honey whose principal display panel does not show the required information

Minor

105

10(3)

266

Send, convey or export prepackaged graded honey produced in Canada whose label does not bear a prescribed expression

Minor

106

10(3)

267(1)

Import prepackaged honey, or send or convey such imported honey, whose label does not bear the prescribed information in the prescribed manner

Minor

107

10(3)

268

Send, convey or export consumer prepackaged graded honey, that is packaged from imported honey, whose label does not bear the prescribed information in the prescribed manner

Minor

108

10(3)

269(1)

Send, convey or export prepackaged graded honey, that is a blend of imported honey and Canadian honey, whose label does not bear the prescribed expression

Minor

109

10(3)

269(2)

Send, convey or export prepackaged graded honey, that is a blend of imported honey and Canadian honey, whose label does not show the states of origin in the prescribed manner

Minor

110

10(3)

270(1)

Send, convey, import or export a prepackaged maple product whose label does not bear a declaration of net quantity in metric units

Minor

111

10(3)

271

Import a prepackaged maple product, or send or convey such an imported product, whose label does not bear the name of the foreign state of origin

Minor

112

10(3)

272(1)(a)

Send, convey or export an edible meat product that is not prepackaged and does not bear the prescribed inspection legend

Minor

113

10(3)

272(1)(b)

Import an edible meat product that is not prepackaged, or send or convey such an imported product, that does not bear the official inspection mark of the foreign state of origin

Minor

114

10(3)

273(a)

Send, convey, import or export a prepackaged edible meat product whose label does not bear the declaration of net quantity in metric units shown in the prescribed manner on the principal display panel

Minor

115

10(3)

273(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

116

10(3)

274(1)(a)

Send, convey or export a prepackaged edible meat product whose label does not bear the prescribed inspection legend

Minor

117

10(3)

274(1)(b)

Import a prepackaged edible meat product, or send or convey such an imported product, whose label does not bear the official inspection mark of the foreign state of origin

Minor

118

10(3)

274(2)

Send, convey, import or export a prepackaged meat product whose principal display panel does not show the inspection legend or the official inspection mark of the foreign state of origin

Minor

119

10(3)

277

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

120

10(3)

278

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 show the prescribed information on the principal display panel

Minor

121

10(3)

284(1)

Import a meat product, or send or convey such an imported product, whose label does not bear the prescribed information in the prescribed manner

Minor

122

10(3)

286

Send, convey, import or export a prepackaged food whose label bears information that it need not be labelled with, without that information meeting the prescribed requirements

Minor

123

10(3)

289(1)

Send, convey, import or export a consumer prepackaged food whose label does not bear the required information in both official languages

Minor

124

10(3)

290

Send, convey, import or export a food whose label does not bear the required information in the prescribed manner

Minor

125

13(1)

340

Conduct one of the prescribed various activities in respect of an organic product without holding a certification or without complying with the prescribed standards

Serious

126

13(1)

350(1)(a)

Label a food commodity that is not an organic product, that is to be sent or conveyed, by showing on its label a prescribed expression, or advertise it using such an expression

Minor

127

13(1)

350(1)(b)

Label a multi-ingredient food commodity that does not contain at least 95% organic products, that is to be sent or conveyed, by showing on its label a prescribed expression, or advertise it using such an expression

Minor

128

13(1)

350(2)

Label a multi-ingredient food commodity that is an organic product but less than 95% of its contents are organic products, that is to be sent or conveyed, by showing on its label a prescribed expression, or advertise it using such an expression, without meeting the prescribed requirements

Minor

129

13(1)

351

Label a food commodity that is to be sent or conveyed by showing a prescribed expression on its label, or advertise it using a required expression, without also bearing the prescribed information on it in the prescribed manner

Minor

130

13(1)

352(1)

Label a food commodity that is to be sent or conveyed by showing a prescribed expression or information on its label, or advertise it using a required expression or information, without showing the expression or information in both official languages

Minor

DIVISION 2
Safe Food for Canadians Regulations

Item

Column 1

Provision of Safe Food for Canadians Regulations

Column 2



Short-form Description

Column 3



Classification

1

10(1)

Fail to send or convey a food directly to Canada from a foreign state in which the importer has a fixed place of business that has a food safety system that meets the prescribed requirements

Serious

2

11(1)

Fail to provide the prescribed information to the Minister about the import of a food

Serious

3

11(2)

Fail to provide the import information to the Minister at the prescribed time

Serious

4

12(1)(a)

Fail to immediately deliver an imported 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

5

12(1)(b)

Fail to keep an imported food other than a meat product at its first destination until a further inspection is completed

Very serious

6

15(3)

Without authorization, mix a prescribed food that is contaminated with a food that is not contaminated

Very serious

7

17(1)

Send, convey, import or export a food that does not meet a prescribed standard

Serious

8

17(2)

Send, convey, import or export a food that is intended for sale and is likely to be mistaken for a food for which a standard is prescribed without meeting that standard

Serious

9

17(3)

Package or label a food in a manner that it is likely to be mistaken for a food for which a standard is prescribed without meeting that standard

Serious

10

32(1)

Fail to conduct an activity identified in a licence in the establishment identified in the licence for that activity

Very serious

11

32(2)

Fail to conduct an activity identified in a licence during an approved work shift

Very serious

12

44(1)

Fail to identify or analyze the biological, chemical and physical hazards that present a risk of contamination of a food or fail to prevent or eliminate those hazards using control measures that are shown to be effective

Very serious

13

44(2)

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 those hazards using control measures that are shown to be effective

Very serious

14

45(1)

Fail to subject a food to any process or treatment that is necessary to eliminate any biological, chemical or physical hazard that might be present in the food and that presents a risk of contamination of the food

Very serious

15

45(2)

Fail to use a method that is shown by evidence to be effective to verify that a food meets the prescribed standards

Very serious

16

46(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 batch thermal treatment is applied

Very serious

17

46(3)(a)

Fail to prepare written documents that set out the prescribed information for a low-acid food

Serious

18

46(3)(b)

Fail to prepare written documents that set out the prescribed information for each application of a scheduled process to a low-acid food

Serious

19

46(4)

Fail to keep the documents that set out the required information for three years

Serious

20

47 and 48(1)

Fail to maintain or operate an establishment in such a manner that the establishment, and any conveyance or equipment in it, are clean and in a sanitary condition

Serious

21

47 and 48(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, are conducted as prescribed

Very serious

22

47 and 49(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

23

47 and 49(2)

Fail to maintain or operate an establishment in such a manner that no animal other than a prescribed animal is in a facility or conveyance where a prescribed activity is conducted

Serious

24

47 and 49(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

25

47 and 50(a)

Fail to maintain or operate an establishment in such a manner that any sanitizer, agronomic input or non-food chemical agent is properly and clearly identified

Minor

26

47 and 50(b)

Fail to maintain or operate an establishment in such a manner that any sanitizer, agronomic input or non-food chemical agent is suitable for its intended use and does not present a risk of contamination of a food

Serious

27

47 and 50(c)

Fail to maintain or operate an establishment in such a manner that any sanitizer, agronomic input or non-food chemical agent is handled and used as prescribed

Serious

28

47 and 51

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

29

47 and 52

Fail to maintain or operate an establishment in such a manner that any conveyance or equipment that is used to handle contaminated materials, waste or any other inedible thing meets the prescribed requirements

Very serious

30

47 and 53

Fail to maintain or operate an establishment where food animals are slaughtered in such a manner that it has equipment for restraining the animals for examination and inspection

Minor

31

47 and 54(1)

Fail to maintain or operate an establishment in such a manner that the land does not present a risk of contamination of a food or that measures are taken to eliminate the risk

Serious

32

47 and 54(2)

Fail to maintain or operate an establishment in such a manner that it is not located near a place or thing that presents a risk of contamination of a food unless measures are taken to eliminate the risk

Serious

33

47 and 55

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

34

47 and 56(1)

Fail to maintain or operate an establishment where food animals are slaughtered in such a manner that it has separate areas for the conduct of prescribed activities

Serious

35

47 and 56(2)

Fail to maintain or operate an establishment where food animals are slaughtered in such a manner that it has an enclosed inedible products area

Very serious

36

47 and 56(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 movement

Serious

37

47 and 57(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 as prescribed

Serious

38

47 and 57(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

39

47 and 58

Fail to maintain or operate an establishment in such a manner that physical or other effective means are used to separate incompatible activities as prescribed

Very serious

40

47 and 59

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

41

47 and 60

Fail to maintain or operate an establishment in such a manner that any prescribed food is identified and placed in a designated area within the establishment on its arrival and that any other measures that are necessary to prevent contamination of any other food in the establishment are taken

Very serious

42

47 and 61(1)

Fail to maintain or operate an establishment in such a manner that it is equipped with natural or artificial lighting that is appropriate

Serious

43

47 and 61(2)

Fail to maintain or operate an establishment in such a manner that the light fixtures meet the prescribed requirements

Serious

44

47 and 62

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

45

47 and 63(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 at appropriate levels

Serious

46

47 and 63(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 meets the prescribed requirements

Serious

47

47 and 64(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 is equipped with a drainage, sewage and plumbing system that functions as intended

Very serious

48

47 and 64(2)

Fail to maintain or operate an establishment in such a manner that contaminated materials and waste are removed and disposed of as prescribed

Very serious

49

47 and 65(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 that meet the prescribed requirements

Serious

50

47 and 65(2)

Fail to maintain or operate an establishment in such a manner that the hand cleaning and sanitizing stations supply water as prescribed

Minor

51

47 and 65(3)

Fail to maintain or operate an establishment in such a manner that the lavatories do not provide direct access to any area where a prescribed activity is conducted

Minor

52

47 and 66

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

53

47 and 68(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

54

47 and 68(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

55

47 and 68(3)

Fail to maintain or operate an establishment in such a manner that any system that supplies water meets the prescribed requirements

Very serious

56

47 and 68(4)

Fail to maintain or operate an establishment in such a manner that any water given to a food animal that is to be slaughtered meets the prescribed requirements

Very serious

57

47 and 69(1)

Fail to maintain or operate an establishment in such a manner that it is supplied with water, steam and ice that are appropriate and that meet the prescribed requirements

Very serious

58

47 and 69(2)

Fail to maintain or operate an establishment in such a manner that any treatment of water, steam or ice is applied as prescribed

Very serious

59

47 and 70

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

60

47 and 71

Fail to maintain or operate an establishment in such a manner that any unloading and loading of a food or food animals to be slaughtered from or onto a conveyance is conducted as prescribed

Very serious

61

47 and 72(1)

Fail to maintain or operate an establishment in such a manner that any storing of food is conducted as prescribed

Very serious

62

47 and 72(2)

Fail to maintain or operate an establishment in such a manner that any storing of any thing used in the conduct of a prescribed activity is conducted as prescribed

Very serious

63

47 and 73

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

64

47 and 74

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

65

47 and 75

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 as prescribed

Serious

66

47 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 refrains from doing a prescribed act

Serious

67

47 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 refrains from wearing or using an object or substance that presents a risk of contamination of the food

Serious

68

47 and 78

Fail to maintain or operate an establishment in such a manner that any person who works in an area where a prescribed activity is conducted reports a disease or illness, symptoms of a disease or illness or an open or infected lesion to the operator

Very serious

69

73

Fail to have the necessary competencies or qualifications to conduct a prescribed activity

Very serious

70

74

Fail to wear clothing, footwear or protective coverings that meet the prescribed requirements when entering or when in an area where a prescribed activity is conducted

Serious

71

75

Fail to maintain personal cleanliness as prescribed when entering or when in an area where a prescribed activity is conducted

Serious

72

76

Do a prescribed act when entering or when in an area where a prescribed activity is conducted

Serious

73

77

Wear or use any object or substance that presents a risk of contamination of the food when entering or when in an area where a prescribed activity is conducted

Serious

74

78

Fail to report to the operator a disease or illness, symptoms of a disease or illness or an open or infected lesion

Very serious

75

79

Fail to prevent a person who is suffering from or who is a known carrier of a communicable disease or who has an open or infected lesion from being in an area of an establishment where a prescribed activity is conducted

Very serious

76

80(1)

Fail to immediately investigate in the prescribed circumstances

Very serious

77

80(1) and 83

Fail to immediately investigate in respect of an imported food in the prescribed circumstances

Very serious

78

80(2)

Fail to immediately notify the Minister of the results of an investigation or to immediately take action to mitigate any risk of injury to human health

Very serious

79

80(2) and 83

Fail to immediately notify the Minister of the results of an investigation in respect of an imported food or to immediately take action to mitigate any risk of injury to human health

Very serious

80

81(1)

Fail to prepare, keep or maintain a written procedure for receiving, investigating and responding to complaints in relation to a food

Serious

81

81(1) and 83

Fail to prepare, keep or maintain a written procedure for receiving, investigating and responding to complaints in relation to imported food

Serious

82

81(2)

On receipt of a complaint, fail to implement the procedure, to prepare a written document setting out the prescribed information or to keep the document for two years

Serious

83

81(2) and 83

On receipt of a complaint in respect of an imported food, fail to implement the procedure, to prepare a written document setting out the prescribed information or to keep the document for two years

Serious

84

82(1)

Fail to prepare, keep or maintain a written document that sets out an effective food recall procedure and the name of prescribed contact persons

Serious

85

82(1) and 83

Fail to prepare, keep or maintain a written document that sets out an effective food recall procedure in respect of imported food and the name of prescribed contact persons

Serious

86

82(2)

Fail to conduct a recall simulation based on the recall procedure at least once a year

Minor

87

82(2) and 83

Fail to conduct a recall simulation based on the recall procedure in respect of imported food at least once a year

Minor

88

82(3)

Fail to take the prescribed measures when a food is recalled

Serious

89

82(3) and 83

Fail to take the prescribed measures when an imported food is recalled

Serious

90

84(1)

Fail to prepare, keep or maintain a written preventive control plan that meets the prescribed requirements for any activity that is identified in their licence

Very serious

91

85

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

92

86

Fail to implement a preventive control plan

Very serious

93

88(1)

Fail to prepare or keep documents setting out the prescribed information with respect to a food in the prescribed circumstances

Very serious

94

88(2)

Fail to prepare or keep documents setting out the required information with respect to a food sold at retail

Very serious

95

88(3)

Fail to keep the prescribed documents for two years or to make them accessible in Canada

Very serious

96

89(1)

Fail to provide the Minister with any prescribed document requested by the Minister or any part of such a document as prescribed

Very serious

97

90

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

98

93

Fail to deliver imported eggs graded Grade C or Grade Nest Run directly to a prescribed establishment

Serious

99

95

Remove imported ungraded eggs from a prescribed establishment without meeting the prescribed requirements

Serious

100

97

Apply to an egg’s shell ink that does not meet the prescribed requirements

Serious

101

98

Fail to clean, sanitize or dry plastic trays before sending them to an egg producer

Serious

102

101(1)(a)

Import live, freshwater mitten crab of the genus Eriocheir

Very serious

103

101(1)(b)

Import a puffer fish of the family Tetraodontidae

Very serious

104

104(a)

Fail to protect from dehydration or oxidation frozen fish stored in a conveyance

Minor

105

104(b)

Fail to maintain any storage area of a conveyance where frozen fish is stored at a temperature of -18°C or less

Serious

106

125

Identify a prescribed meat product as edible

Serious

107

127

Fail to handle a food animal in the prescribed manner

Serious

108

128(1)

Hit a food animal with a whip, prod or any other object

Serious

109

128(2)

Apply an electric prod to a food animal without meeting the prescribed requirements

Serious

110

129(1)

Fail to assess whether a food animal is showing signs of suffering or injury on its arrival at the establishment

Serious

111

129(2)

Fail to monitor a food animal on a continuous basis after its arrival at the establishment

Serious

112

129(3)

Fail to immediately take corrective action if the prescribed conditions exist

Serious

113

129(4)

Fail to immediately take a prescribed measure in respect of a food animal that is showing signs of suffering

Very serious

114

130(a)

Fail to monitor a game animal on a continuous basis

Serious

115

130(b)

Fail to immediately take corrective action if the prescribed conditions exist in respect of a game animal

Serious

116

130(c)

Fail to immediately take a prescribed measure in respect of a game animal that is showing signs of suffering

Very serious

117

131(a)

Fail to segregate different species of food animals

Serious

118

131(b)

Fail to isolate a prescribed food animal

Serious

119

132

Fail to provide a food animal with sufficient space

Very serious

120

133

Fail to provide a food animal with sufficient ventilation

Very serious

121

134(1)

Handle, restrain, hold, segregate, render unconscious, slaughter or humanely kill a food animal without meeting the prescribed requirements

Serious

122

134(2)

Fail to use equipment or an area of an establishment, for the prescribed purposes, that is designed, constructed or maintained as prescribed

Serious

123

135(1)

Fail to provide a prescribed food animal that is unloaded from a conveyance at an establishment with a source of hydration or with feed as prescribed

Very serious

124

135(2)

Fail to provide a food animal that is confined in a crate and that is unloaded from a conveyance at an establishment with a source of hydration or with feed as prescribed

Very serious

125

136(1)

Fail to notify an official veterinarian before removing a food animal from an establishment

Serious

126

136(2)

Fail to notify an official veterinarian before keeping a food animal in an establishment for more than seven days

Serious

127

137(1)

Fail to conduct, within 24 hours before slaughter, an ante-mortem examination of a food animal that is to be slaughtered or of a sample from the shipment that the food animal is part of in accordance with the prescribed document

Serious

128

137(2)

Fail to hold for inspection, by an official veterinarian, a food animal suspected of showing a deviation from normal behaviour, physiology or appearance

Very serious

129

138(1)

Fail to present for ante-mortem inspection, within 24 hours before slaughter, a food animal that is to be slaughtered or of a sample from the shipment that the food animal is part of in accordance with the prescribed document

Serious

130

138(3)

Fail to hold a food animal for inspection by an official veterinarian in the prescribed circumstances

Very serious

131

139

Fail to take the prescribed measures in respect of a food animal, its carcass or its blood following a determination by an official veterinarian that any meat product that would be derived from the animal could not be identified as edible

Very serious

132

140

Fail to use one of the prescribed methods to render a food animal unconscious or to slaughter it before bleeding it

Very serious

133

141

Cut the carcass of a food animal after bleeding has started when the animal shows signs of sensibility

Very serious

134

142(1)

Suspend a food animal without meeting the prescribed requirements

Very serious

135

143

Ritually slaughter a food animal without meeting the prescribed requirements

Very serious

136

144(1)

Fail to dress the carcass of a food animal in the prescribed manner after the animal is bled

Serious

137

145

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

146

Process the blood of a food animal without meeting the prescribed requirements

Serious

139

147(1)

Fail to identify the blood or the parts of a carcass in order to correlate them with the carcass of the food animal from which they were removed

Serious

140

147(2)

Fail to maintain the identification of the blood or parts of a carcass until the completion of the post-mortem inspection or examination

Serious

141

148(1)

Fail to present to an official veterinarian or an inspector under their supervision a carcass, its parts or any blood for post-mortem inspection

Very serious

142

148(2)

Without authorization, remove from a carcass, before a post-mortem inspection, any part that shows a deviation from normal appearance

Very serious

143

149

Fail to subject a carcass, its parts or the blood to a post-mortem examination as prescribed

Very serious

144

150

Fail to condemn a carcass, its parts or blood following a determination by an official veterinarian or an inspector under their supervision that any meat product that would be derived from any one of them would be inedible

Very serious

145

151

Fail to identify as inedible a prescribed carcass, its parts or blood

Very serious

146

152(2)

Fail to identify as inedible a meat product that is treated as inedible

Very serious

147

153(1)

Fail to move a carcass, its parts, the blood or any other meat product that is condemned or identified as inedible to the prescribed inedible products area

Very serious

148

153(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

153(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

154

Fail to take one of the prescribed measures in respect of a contaminated meat product

Very serious

151

163(1)

Fail to obtain documents containing the prescribed information from the prescribed person before slaughtering a prescribed food animal

Very serious

152

163(4)

Fail to keep the prescribed documents for one year

Very serious

153

164(1)

Fail to prepare or keep documents setting out the prescribed information in respect of food animals

Very serious

154

164(2)

Fail to keep the prescribed documents for one year

Very serious

155

198

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

156

200 and 203(1)(a)

Sell a prepackaged food whose label does not bear the common name of the food on the principal display panel

Serious

157

200 and 203(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, stored, packaged or labelled on the prescribed part

Serious

158

200 and 203(1)(c)

Sell a prepackaged food whose label does not bear the prescribed information

Very serious

159

200 and 206

Sell a consumer prepackaged food whose label does not bear the declaration of net quantity on its principal display panel

Minor

160

200 and 207

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

161

200 and 208(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

162

200 and 208(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

163

200 and 208(3)

Sell a consumer prepackaged food whose label does not show the geographic origin of the food in the prescribed manner

Minor

164

200 and 209(1)

Sell a consumer prepackaged food to which a flavouring a ingredient is added and whose label does not bear the prescribed statement

Minor

165

200 and 209(2)

Sell a consumer prepackaged food to which a flavouring ingredient has been added and whose label does not bear the required statement at the prescribed location

Minor

166

200 and 210

Sell a prepackaged food whose label is not applied or attached to it in such a manner that the food will be labelled at the time it is sold

Minor

167

200 and 211

Sell a consumer prepackaged food whose label is not applied or attached to the container as prescribed

Minor

168

200 and 212(1)

Sell a consumer prepackaged food that does not have all or part of the label applied to the principal display surface

Minor

169

200 and 216(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

170

200 and 217

Sell a consumer prepackaged food whose declaration of net quantity shown on the label does not meet the prescribed requirements

Minor

171

200 and 218(1)

Sell a consumer prepackaged food whose declaration of net quantity is not shown on the label by volume or weight as prescribed

Minor

172

200 and 219

Sell a consumer prepackaged food whose declaration of net quantity is not shown on the label by volume, weight or numerical count as prescribed

Minor

173

200 and 220

Sell a consumer prepackaged food whose declaration of net quantity is not shown on the label in metric units

Minor

174

200 and 221(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

175

200 and 227

Sell a prescribed consumer prepackaged food consisting of two or more individually packaged foods, but sold as one unit, whose declaration of net quantity does not show the prescribed information on the label

Minor

176

214

Advertise a consumer prepackaged food that does not have a label applied or attached to it in the prescribed manner or that does not have a label bearing the declaration of net quantity on its principal display panel

Minor

177

215

Make a representation with respect to net quantity in the advertising for a consumer prepackaged food other than in the prescribed manner

Minor

178

228

Apply or attach to a consumer prepackaged food a label that bears a representation with respect to the number of servings it contains without a declaration of net quantity of each serving as prescribed

Minor

179

334

Without authorization, remove a detention tag

Very serious

180

336

Fail to store a seized thing under conditions that are appropriate

Serious

Coming into Force

3 These Regulations come into force on the day on which section 1 of the Safe Food for Canadians Act, chapter 24 of the Statutes of Canada, 2012, comes into force, but if they are registered after that day, they come into force on the day on which they are registered.

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