Safe Food for Canadians Act

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Sections361

• 1Short title

  This Act may be cited as the Safe Food for Canadians Act.

• 2Definitions

  The following definitions apply in this Act.

• 2[p2]

  advertisement includes a representation by any means for the purpose of promoting directly or indirectly the sale of a food commodity. (publicité)

• 2[p3]

  Agency means the Canadian Food Inspection Agency established by section 3 of the Canadian Food Inspection Agency Act. (Agence)

• 2[p4]

  analyst means a person designated as an analyst under subsection 13(3) of the Canadian Food Inspection Agency Act for the purposes of this Act. (analyste)

• 2[p5]

  conveyance means a vessel, aircraft, train, motor vehicle, trailer or other means of transportation, including a cargo container. (véhicule)

• 2[p6]

  document means anything on which information that is capable of being understood by a person, or read by a computer or other device, is recorded or marked. (document)

• 2[p7]

  establishment means any place, including a conveyance, where a food commodity is manufactured, prepared, stored, packaged or labelled. (établissement)

• 2[p8]

  food commodity means

• 2[p8](a)

  any food as defined in section 2 of the Food and Drugs Act;

• 2[p8](b)

  any animal or plant, or any of its parts, from which food referred to in paragraph (a) may be derived; or

• 2[p8](c)

  anything prescribed to be a food commodity. (produit alimentaire)

• 2[p12]

  grade name means a prescribed name, mark or designation of a food commodity. (nom de catégorie)

• 2[p13]

  inspection mark means a prescribed mark, stamp, seal, product legend, word or design or any combination of those things. (sceau d’inspection)

• 2[p14]

  inspector means a person designated under subsection 13(3) of the Canadian Food Inspection Agency Act or paragraph 9(2)(b) of the Canada Border Services Agency Act as an inspector for the purposes of this Act. (inspecteur)

• 2[p15]

  item to which this Act applies means

• 2[p15](a)

  a food commodity;

• 2[p15](b)

  anything used in an activity regulated under this Act; and

• 2[p15](c)

  a document that is related to a food commodity or to any activity regulated under this Act. (chose visée par la présente loi)

• 2[p19]

  label includes a legend, word or mark that is or is to be applied or attached to or included in, or that accompanies or is to accompany, a food commodity or a package. (étiquette)

• 2[p20]

  Minister means the Minister of Agriculture and Agri-Food. (ministre)

• 2[p21]

  package means an inner or outer receptacle or covering used or to be used in connection with a food commodity and includes a wrapper or confining band. (emballage)

• 2[p22]

  person has the same meaning as in section 2 of the Criminal Code. (personne)

• 2[p23]

  personal information has the same meaning as in section 3 of the Privacy Act. (renseignements personnels)

• 2[p24]

  prepare, in respect of a food commodity, includes to process, treat, preserve, handle, test, grade, code or slaughter it or to do any other activity in respect of it that is prescribed. (conditionnement)

• 2[p25]

  prescribed means prescribed by the regulations. (Version anglaise seulement)

• 2[p26]

  sell includes agree to sell, offer for sale, expose for sale or have in possession for sale — or distribute to one or more persons whether or not the distribution is made for consideration. (vente)

• 2[p27]

  Tribunal means the Review Tribunal continued by subsection 27(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act. (Commission)

• 2[p28]

  violation means any of the following that may be proceeded with in accordance with the Agriculture and Agri-Food Administrative Monetary Penalties Act:

• 2[p28](a)

  any contravention of any provision of this Act or of a regulation made under this Act; and

• 2[p28](b)

  any refusal or neglect to perform any duty imposed by or under this Act. (violation)

• 3Act binding on Her Majesty

  This Act is binding on Her Majesty in right of Canada or a province.

• 4Importing

  It is prohibited for a person to import a food commodity the selling of which is prohibited under section 4 of the Food and Drugs Act.

• 5Recall order — Canadian Food Inspection Agency Act

  It is prohibited for a person to sell a food commodity that is the subject of a recall order referred to in subsection 19(1) of the Canadian Food Inspection Agency Act.

• 6Deception, erroneous impression, etc.
• 6(1)

  It is prohibited for a person to manufacture, prepare, package, label, sell, import or advertise a food commodity in a manner that is false, misleading or deceptive or is likely to create an erroneous impression regarding its character, quality, value, quantity, composition, merit, safety or origin or the method of its manufacture or preparation.

• 6(2)Labelled or packaged contrary to regulations

  A food commodity that is labelled or packaged in contravention of a provision of the regulations is considered, for the purposes of this section, to be labelled or packaged in contravention of subsection (1).

• 6(3)Advertised contrary to regulations

  A food commodity that is advertised in contravention of a provision of the regulations is considered, for the purposes of this section, to be advertised in contravention of subsection (1).

• 7Tampering

  It is prohibited for a person to tamper with any food commodity, its label or its package with intent to

• 7(a)

  render the food commodity injurious to human health; or

• 7(b)

  cause a reasonable apprehension in others that the food commodity is injurious to human health.

• 8Threats

  It is prohibited for a person to threaten to render a food commodity injurious to human health.

• 9Communicating false or misleading information

  It is prohibited for a person to communicate information, knowing that information to be false or misleading or being reckless as to whether it is false or misleading, with intent to cause a reasonable apprehension in others that a food commodity was tampered with in order to render it injurious to human health.

• 10Sending, conveying, importing or exporting in accordance with regulations
• 10(1)

  It is prohibited for a person to send or convey from one province to another — or to import or export — a prescribed food commodity unless the person does so in accordance with the regulations.

• 10(2)Sending, conveying, importing or exporting with licence or registration

  It is prohibited for a person to send or convey from one province to another — or to import or export — a prescribed food commodity unless the person is authorized to do so by a registration made under paragraph 20(1)(a), by a licence issued under that paragraph or by both such a registration and licence, as provided for in the regulations.

• 10(3)Sending, conveying, importing or exporting of commodity that meets requirements of regulations

  It is prohibited for a person to send or convey from one province to another — or to import or export — a prescribed food commodity unless the food commodity meets the requirements of the regulations.

• 11Selling, advertising or possessing

  It is prohibited for a person to sell, advertise or have in their possession a food commodity that has been sent or conveyed from one province to another, or imported, in contravention of any provision of this Act or the regulations.

• 12Possession of commodity that meets requirements of regulations

  It is prohibited for a person to have in their possession for the purpose of sending or conveying from one province to another — or for the purpose of exporting — a prescribed food commodity, unless it meets the requirements of the regulations.

• 13Conduct of prescribed activity in accordance with the regulations
• 13(1)

  It is prohibited for a person to conduct a prescribed activity in respect of a prescribed food commodity that has been imported — or that is to be exported or to be sent or conveyed from one province to another — unless the activity is conducted in accordance with the regulations.

• 13(2)Conduct of prescribed activity with licence or registration

  It is prohibited for a person to conduct a prescribed activity in respect of a prescribed food commodity that has been imported — or that is to be exported or to be sent or conveyed from one province to another — unless the person is authorized to conduct that activity by a registration made under paragraph 20(1)(b), a licence issued under that paragraph or by both such a registration and licence, as provided for in the regulations.

• 14Use of inspection mark or grade name
• 14(1)

  Unless authorized by the regulations, it is prohibited for a person to

• 14(1)(a)

  apply or use an inspection mark or grade name; or

• 14(1)(b)

  advertise or sell anything if the thing has an inspection mark or grade name on it, or an inspection mark or grade name is used in connection with the thing.

• 14(2)Use of similar mark or name

  It is prohibited for a person to

• 14(2)(a)

  apply or use a thing that so resembles an inspection mark or grade name that it is likely to be mistaken for it; or

• 14(2)(b)

  advertise or sell anything that has on it a thing referred to in paragraph (a) or that has a thing referred to in that paragraph used in connection with it.

• 14(3)Presumption

  A person found in possession of anything referred to in paragraph (1)(b) or (2)(b) is considered, in the absence of evidence to the contrary, to be in possession of it for the purpose of advertising or selling.

• 15False or misleading information

  It is prohibited for a person to make a false or misleading statement to any person who is exercising powers or performing duties or functions under this Act — or to provide him or her with false or misleading information — in connection with any matter under any provision of this Act or the regulations, including in respect of an application for a licence or registration.

• 16Obstruction

  It is prohibited for a person to obstruct or hinder a person who is exercising powers or performing duties or functions under this Act.

• 17Falsifying or altering, etc., required documents
• 17(1)

  It is prohibited for a person to alter, destroy or falsify a document that they are required under this Act to keep, maintain or provide.

• 17(2)Altering, possessing, etc., official documents

  It is prohibited for a person to

• 17(2)(a)

  alter a document issued or made — or in any manner given — under this Act; or

• 17(2)(b)

  have in their possession, or use, a document issued or made — or in any manner given — under this Act that has been altered.

• 18Possessing or using documents that resemble official documents

  It is prohibited for a person to have in their possession, or use, any document that has not been issued or made — or in any manner given — under this Act if the document so resembles a document issued or made — or in any manner given — under this Act that it is likely to be mistaken for such a document.

• 19Personal use

  Subject to the regulations, a provision of this Act or the regulations that prohibits an activity — or that requires the doing of an activity — does not apply to a person who is carrying out the activity solely for personal use.

• 20Persons
• 20(1)

  The Minister may, on application,

• 20(1)(a)

  register a person, or issue a licence to a person, authorizing them to send or convey from one province to another, or to import or export, a prescribed food commodity, or both register a person and issue them a licence; and

• 20(1)(b)

  register a person, or issue a licence to a person, authorizing them to conduct a prescribed activity in respect of a prescribed food commodity that has been imported or that is to be exported or to be sent or conveyed from one province to another, or both register a person and issue them a licence.

• 20(2)Conditions — regulations

  The registration and the licence are subject to the prescribed conditions.

• 20(3)Conditions — Minister

  The Minister may make a registration or licence subject to any additional conditions that the Minister considers appropriate.

• 20(4)Obligation to comply

  The holder of the registration or licence must comply with all the conditions to which the registration or licence is subject.

• 20(5)No transfer

  The registration or licence is not transferable.

• 21Establishments
• 21(1)

  The Minister may, on application, register an establishment as one where

• 21(1)(a)

  an imported prescribed food commodity is to be sent or conveyed, in its imported condition, for the purposes of the exercise of an inspector’s powers under this Act in respect of that food commodity; or

• 21(1)(b)

  a prescribed activity in respect of a prescribed food commodity that has been imported or is to be exported or to be sent or conveyed from one province to another may be exercised.

• 21(2)Holder

  The applicant in respect of an establishment is the holder of the registration.

• 21(3)Conditions — regulations

  The registration is subject to the prescribed conditions.

• 21(4)Conditions — Minister

  The Minister may make a registration subject to any additional conditions that the Minister considers appropriate.

• 21(5)Obligation to comply

  The holder of the registration must comply with all the conditions to which the registration is subject.

• 21(6)No transfer

  The registration is not transferable.

• 21(7)Application of Act

  If an establishment is registered, it and all food commodities in it are subject to this Act.

• 22Amendment, suspension, cancellation and renewal

  Subject to the regulations, the Minister may amend, suspend, cancel or renew a registration made under subsection 20(1) or 21(1) or a licence issued under subsection 20(1).

• 23Certificate to be produced

  Each inspector is to be given a certificate in a form established by the President of the Agency or the President of the Canada Border Services Agency, as the case may be, attesting to the inspector’s designation and, on entering a place under subsection 24(1), the inspector must, on request, produce the certificate to the person in charge of that place.

• 24Authority to enter a place
• 24(1)

  Subject to subsection 26(1), an inspector may, for a purpose related to verifying compliance or preventing non-compliance with this Act, enter a place, including a conveyance, in which they have reasonable grounds to believe that an activity regulated under this Act is conducted or an item to which this Act applies is located.

• 24(2)Powers

  The inspector may, for the purpose referred to in subsection (1),

• 24(2)(a)

  examine or test, or take samples of, anything that is in the place;

• 24(2)(b)

  open a package that is in the place;

• 24(2)(c)

  examine a document that is in the place, make copies of it or take extracts from it;

• 24(2)(d)

  order the owner or person having possession, care or control of an item to which this Act applies that is in the place to move it or, for any time that may be necessary, not to move it or to restrict its movement;

• 24(2)(e)

  use or cause to be used a computer or other device that is in the place to examine data that is contained in or available to a computer system or reproduce it or cause it to be reproduced in the form of a printout or other intelligible output and remove the output for examination or copying;

• 24(2)(f)

  use or cause to be used copying equipment that is in the place and remove the copies for examination;

• 24(2)(g)

  take photographs or make recordings or sketches;

• 24(2)(h)

  order any person in the place to establish their identity to the inspector’s satisfaction;

• 24(2)(i)

  order any person who, in the place, conducts an activity regulated under this Act to stop or start the activity;

• 24(2)(j)

  prohibit or limit access to all or part of the place or to anything that is in the place; and

• 24(2)(k)

  remove anything from the place for the purpose of examination, conducting tests or taking samples.

• 24(3)Stopping or moving conveyance

  For the purpose of entering a conveyance, the inspector may order the owner or person having possession, care or control of the conveyance to stop it or move it to a place where the inspector can enter it.

• 24(4)Persons accompanying inspector

  The inspector may be accompanied by any person that they believe is necessary to help them exercise their powers or perform their duties or functions under this section.

• 24(5)Entering private property

  An inspector and any person accompanying them may enter and pass through private property, other than a dwelling house on that property, in order to gain entry to a place referred to in subsection (1).

• 24(6)Assistance to be given to inspector

  The owner of the place, the person in charge of it and every person in it must give all assistance to the inspector that is reasonably required to enable the inspector to exercise their powers or perform their duties or functions under this Act and provide the inspector with any document or information, or access to any data, that they may reasonably require.

• 25Seizure

  The inspector may seize and detain anything that the inspector has reasonable grounds to believe

• 25(a)

  was used in the contravention of any provision of this Act or the regulations;

• 25(b)

  is something in relation to which a provision of this Act or the regulations was contravened; or

• 25(c)

  was obtained by the contravention of a provision of this Act or the regulations.

• 26Dwelling-house
• 26(1)

  If the place is a dwelling-house, the inspector is not authorized to enter it without the occupant’s consent except under the authority of a warrant issued under subsection (2).

• 26(2)Authority to issue warrant

  A justice of the peace may, on ex parte application, issue a warrant authorizing, subject to any conditions specified in the warrant, the inspector named in it to enter a dwelling-house if the justice of the peace is satisfied by information on oath that

• 26(2)(a)

  the dwelling-house is a place referred to in subsection 24(1);

• 26(2)(b)

  entry to the dwelling-house is necessary for a purpose referred to in that subsection; and

• 26(2)(c)

  entry to the dwelling-house was refused by the occupant or there are reasonable grounds to believe that it will be refused or to believe that consent to entry cannot be obtained from the occupant.

• 26(3)Use of force

  In executing a warrant issued under subsection (2), the inspector is not entitled to use force unless the use of force has been specifically authorized in the warrant and they are accompanied by a peace officer.

• 26(4)Means of telecommunication

  An application for a warrant under subsection (2) may be submitted, and the warrant may be issued, by a means of telecommunication and section 487.1 of the Criminal Code applies for those purposes with any necessary modifications.

• 27Production of documents, information or samples

  An inspector may, for a purpose related to verifying compliance or preventing non-compliance with this Act, order a person to provide, on the date, at the time and place and in the manner specified by the inspector, any document, information or sample specified by the inspector.

• 28Removing, altering and interfering

  Except with the authorization of an inspector, it is prohibited for a person to remove, alter or interfere with anything seized under this Act.

• 29Powers of inspector

  An inspector may, in respect of anything seized under this Act,

• 29(a)

  on notice to its owner or the person having possession, care or control of it at the time of its seizure, store it or move it at the expense of the person to whom the notice is given;

• 29(b)

  order its owner or the person having possession, care or control of it at the time of its seizure to store it or move it at the expense of the person being so ordered; or

• 29(c)

  order its owner or the person having possession, care or control of it at the time of its seizure to dispose of it at the expense of the person being so ordered — or, on notice to its owner or the person having possession, care or control of it at the time of its seizure, dispose of it at the expense of the person to whom the notice is given — if

• 29(c)(i)

  the thing is perishable, or

• 29(c)(ii)

  the inspector is of the opinion that the thing presents a risk of injury to human health and that its disposal is necessary to respond to the risk.

• 30Release of seized thing

  If an inspector is satisfied that the provisions of this Act and the regulations that apply with respect to a thing seized under this Act have been complied with, the thing must be released.

• 31Application for return
• 31(1)

  Subject to section 35, if proceedings are instituted in relation to a thing seized under this Act, its owner or the person having possession, care or control of it at the time of its seizure may apply, in the case of a violation, to the Tribunal or, in the case of an offence, to the court before which the proceedings are being held, for an order that the thing be returned.

• 31(2)Order for return

  If the Tribunal or court, as the case may be, is satisfied that sufficient evidence exists or may reasonably be obtained without the continued detention of the thing, the Tribunal or court may order it to be returned to the applicant, subject to any conditions the Tribunal or court may impose to ensure that it is preserved for any purpose for which it may subsequently be required.

• 32Removal or destruction of unlawful imports
• 32(1)

  An inspector who has reasonable grounds to believe that an imported food commodity does not meet the requirements of the regulations or was imported in contravention of a provision of this Act or the regulations may, by notice, whether the food commodity is seized or not, order its owner or importer, or the person having possession, care or control of it, to remove it from Canada at their expense or, if removal is not possible, to destroy it at their expense.

• 32(2)Notice

  The notice must be either delivered personally to the owner or importer of the food commodity, or to the person having possession, care or control of it, or sent by registered mail, to the owner’s, importer’s or person’s address in Canada.

• 32(3)Forfeiture

  If the food commodity is not removed from Canada, or destroyed, within the period specified in the notice — or, if no period was specified, within 90 days after the day on which the notice was delivered or sent, — it is, despite section 30, forfeited to Her Majesty in right of Canada and may be disposed of, as the Minister may direct, at the expense of the person to whom the notice was delivered or sent.

• 32(4)Suspension of application of subsection (3)

  An inspector may, for a period specified by the inspector, suspend the application of subsection (3) if the inspector is satisfied that

• 32(4)(a)

  the food commodity does not present a risk of injury to human health;

• 32(4)(b)

  the food commodity will not be sold within that period;

• 32(4)(c)

  the measures that should have been taken for the food commodity not to have been imported in contravention of a provision of this Act or the regulations will be taken within that period; and

• 32(4)(d)

  if the food commodity does not meet the requirements of the regulations, it will be brought into compliance with the regulations within that period.

• 32(5)Cancellation

  An inspector may cancel the notice if the inspector is satisfied that

• 32(5)(a)

  the food commodity does not present a risk of injury to human health;

• 32(5)(b)

  the food commodity has not been sold within the period referred to in subsection (6);

• 32(5)(c)

  the measures referred to in paragraph (4)(c) were taken within that period; and

• 32(5)(d)

  if the food commodity did not meet the requirements of the regulations when it was imported, it was brought into compliance with the regulations within that period.

• 32(6)Period

  The period for the purposes of subsection (5) is

• 32(6)(a)

  if the application of subsection (3) was suspended under subsection (4), the period of the suspension; and

• 32(6)(b)

  if the application of subsection (3) was not suspended, the period specified in the notice or, if no period was specified, the period that ends 90 days after the day on which the notice was delivered or sent.

• 33Injunction
• 33(1)

  If, on the application of the Minister, it appears to a court of competent jurisdiction that a person has committed, is about to commit or is likely to commit an act or omission that constitutes or is directed toward the commission of an offence under this Act, the court may order the person named in the application to

• 33(1)(a)

  refrain from doing an act that it appears to the court may constitute or be directed toward the commission of an offence under this Act; or

• 33(1)(b)

  do an act that it appears to the court may prevent the commission of an offence under this Act.

• 33(2)Notice

  No order may be made unless 48 hours’ notice is served on the person named in the application or the urgency of the situation is such that service of notice would not be in the public interest.

• 34Unclaimed seized things
• 34(1)

  A thing seized under this Act is, at the Minister’s election, forfeited to Her Majesty in right of Canada if

• 34(1)(a)

  within 60 days after the seizure, no person is identified as its owner or as the person entitled to possess it; or

• 34(1)(b)

  its owner or the person having possession, care or control of it at the time of its seizure does not claim it within 60 days after the day on which they are notified that an inspector has released it.

• 34(2)Proceedings instituted

  Subsection (1) does not apply if proceedings are instituted for a violation or an offence that relates to the seized thing.

• 34(3)Disposal

  A seized thing that is forfeited under subsection (1) may be disposed of, as the Minister may direct, at the expense of its owner or the person having possession, care or control of the thing at the time of its seizure.

• 35Consent — seized thing

  If the owner of a thing seized under this Act consents to its forfeiture, it is forfeited to Her Majesty in right of Canada and may be disposed of, as the Minister may direct, at the owner’s expense.

• 36Violation or offence
• 36(1)

  If the Tribunal decides that a person has committed a violation or a person is convicted of an offence under this Act, the Tribunal or the convicting court, as the case may be, may, in addition to any punishment imposed, order that a thing by means of or in respect of which the violation or offence was committed, regardless of whether it was seized under this Act or not, be forfeited to Her Majesty in right of Canada.

• 36(2)Disposal

  A thing forfeited under subsection (1) may be disposed of, as the Minister may direct, at the expense of,

• 36(2)(a)

  if the thing was not seized, its owner; or

• 36(2)(b)

  if the thing was seized, its owner or the person having possession, care or control of the thing at the time of its seizure.

• 36(3)Return of seized things if no forfeiture ordered

  If the Tribunal or court does not order the forfeiture of a thing that was seized, it must be returned to its owner or the person having possession, care or control of it at the time of its seizure.

• 36(4)Exception

  Despite subsection (3), if a penalty or fine was imposed,

• 36(4)(a)

  the thing may continue to be detained until the penalty or fine is paid; or

• 36(4)(b)

  the thing may be sold under execution and any proceeds realized from the sale may be applied in payment of the penalty or fine.

• 37Forfeiture on application of inspector
• 37(1)

  A judge of a superior court of the province in which anything is seized under this Act may, on the application of an inspector, order that the thing be forfeited to Her Majesty in right of Canada.

• 37(2)Notice and inquiry

  The order may be made only if any notice to any persons that the judge directs was given and the judge finds, after making any inquiry that he or she considers necessary, that the thing is one by means of or in relation to which any of the provisions of this Act or the regulations have been contravened.

• 37(3)Disposal

  A thing that is forfeited under subsection (1) may be disposed of, as the Minister may direct, at the expense of its owner or the person having possession, care or control of it at the time of its seizure.

• 38Analysis and examination

  An inspector may submit to an analyst, for analysis or examination,

• 38(a)

  any sample taken by an inspector, or provided to the Minister or an inspector, under this Act; or

• 38(b)

  anything removed under paragraph 24(2)(k) or seized under section 25, or any sample of that thing.

• 39Offences
• 39(1)

  A person who contravenes a provision of this Act, other than sections 7 and 9, or a provision of the regulations — or fails to do anything the person was ordered to do by, or does anything the person was ordered not to do by, the Minister or an inspector under this Act other than subsection 32(1) — is guilty of an offence and is liable

• 39(1)(a)

  on conviction on indictment, to a fine of not more than $5,000,000 or to imprisonment for a term of not more than two years or to both; or

• 39(1)(b)

  on summary conviction, for a first offence, to a fine of not more than $250,000 or to imprisonment for a term of not more than six months or to both and, for a subsequent offence, to a fine of not more than $500,000 or to imprisonment for a term of not more than 18 months or to both.

• 39(2)Due diligence defence

  A person is not to be found guilty of an offence under subsection (1) if they establish that they exercised due diligence to prevent the commission of the offence.

• 39(3)Offences — other provisions and orders

  A person who contravenes section 7 or 9 or who, in contravening any other provision of this Act or a provision of the regulations or in failing to do anything the person was ordered to do by, or in doing anything the person was ordered not to do by, the Minister or an inspector under this Act, other than subsection 32(1), knowingly or recklessly causes a risk of injury to human health is guilty of an offence and is liable

• 39(3)(a)

  on conviction on indictment, to a fine the amount of which is at the discretion of the court or to imprisonment for a term of not more than five years or to both; or

• 39(3)(b)

  on summary conviction, for a first offence, to a fine of not more than $500,000 or to imprisonment for a term of not more than 18 months or to both and, for a subsequent offence, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than two years or to both.

• 39(4)Parties to offence

  If a person other than an individual commits an offence under subsection (1), any of the person’s directors or officers, or agents or mandataries, who directs, authorizes, assents to or acquiesces or participates in the commission of the offence is a party to the offence and is liable on conviction to the punishment provided for by this Act, even if the person is not prosecuted for the offence.

• 39(5)Proof of offence

  In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or an agent or mandatary of the accused, even if the employee or the agent or mandatary is not identified or prosecuted for the offence, unless the accused establishes that the offence was committed without the knowledge or consent of the accused and that the accused exercised all due diligence to prevent its commission.

• 40Continuing offence

  If an offence under this Act is committed or continued on more than one day, it constitutes a separate offence for each day on which it is committed or continued.

• 41Limitation period

  Summary conviction proceedings for an offence under this Act may be instituted no later than two years after the time when the subject matter of the proceedings arose.

• 42Venue

  A prosecution for an offence under this Act may be instituted, heard or determined in the place in which the offence was committed, the accused was apprehended or the accused is carrying on business.

• 43Admissibility of documents as evidence
• 43(1)

  In an application under section 33 or any proceedings for a violation or for an offence under this Act, a certificate, report or other document purporting to be signed by the Minister, the President of the Agency or any person who is exercising powers or performing duties or functions under this Act is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, is proof of the statements contained in it.

• 43(2)Copies and extracts

  In an application under section 33 or any proceedings for a violation or for an offence under this Act, a copy or extract from a certificate, report or other document that is made by a person referred to in subsection (1) that appears to have been certified under the signature of that person as a true copy or extract is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, has the same probative force as the original would have if it were proved in the ordinary way.

• 43(3)Notice of intention to produce

  A certificate, report or other document referred to in subsection (1), or a copy of or an extract from it, may be admitted in evidence under that subsection only if the person intending to produce it gives to the person against whom it is intended to be produced reasonable notice of that intention together with a duplicate of the certificate, report, document, copy or extract.

• 44Proof — person

  In an application under section 33 or any proceedings for a violation or for an offence under this Act, proof that any food commodity, or its package or label, bore a name or address purporting to be the name or address of — or bore any other information that permits the identification of — the person by whom the food commodity was manufactured, prepared, stored, packaged, labelled or imported is, in the absence of evidence to the contrary, proof that the food commodity was manufactured, prepared, stored, packaged, labelled or imported by that person.

• 45Proof — establishment

  In an application under section 33 or any proceedings for a violation or for an offence under this Act, proof that any food commodity, or its package or label, bore a name or address purporting to be the name or address of — or bore any other information that permits the identification of — the establishment where the food commodity was manufactured, prepared, stored, packaged or labelled is proof, in the absence of evidence to the contrary, that the food commodity was manufactured, prepared, stored, packaged or labelled at that establishment.

• 46Disclosure to public

  The Minister may, in the prescribed circumstances, disclose to the public, without the consent of the person to whom the information relates, any personal information or confidential business information that is obtained under this Act.

• 47Disclosure — risk or recall
• 47(1)

  The Minister may disclose to a person or government, without the consent of the person to whom the information relates, any personal information or confidential business information if the Minister considers that the disclosure is necessary

• 47(1)(a)

  to identify or respond to a risk of injury to human health associated with a food commodity; or

• 47(1)(b)

  for a recall that is or may be ordered under subsection 19(1) of the Canadian Food Inspection Agency Act, including for monitoring the conduct of the recall or its effectiveness.