This is an official version.
Copyright © 2000: Queens Printer,
Statutes of Newfoundland 1997
AN ACT TO AMEND THE FOOD AND DRUG ACT
(Assented to December 19, 1997)
1. S.2 Amdt.
2. S.3 Amdt.
3. S.4 Amdt.
4. Ss.5 to 16 R&S
5. Ss.20, 22, 23, 24, 26 & 27 Rep.
6. S.36. R&S
7. General Amdt.
Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:
RSN1990 cF-21 as amended
1. (1) Paragraphs 2(c) and (d) of the Food and Drug Act are amended by striking out the figure "7" wherever it occurs and substituting the figure "4".
(2) Paragraph 2(e) of the Act is repealed and the following substituted:
(e) "department" means the department presided over by the minister;
(3) Section 2 of the Act is amended by adding immediately after paragraph (g) the following:
(g.1) "food premises" means a place where food is prepared, manufactured, handled, cut, processed, packaged, displayed, stored, offered for sale, sold or served and includes hotels, restaurants, catering vehicles, mobile preparation premises, temporary facilities, retail food stores, tents, booths, ships, cold stores, bakeries, breweries, bottling establishments, drinking establishments, dairies, creameries, pasteurizing plants, meat packing premises, locker plants and premises;
(4) Paragraph 2(i) of the Act is repealed and the following substituted:
(i) "locker plant" means food premises in which individual lockers are rented or offered for rent to the public for the storage of frozen foods and also includes cold storage;
(i.1) "minister" means the minister appointed under the Executive Council Act to administer this Act;
(5) Paragraph 2(k) of the Act is repealed.
2. (1) Paragraph 3(c) of the Act is repealed and the following substituted:
(c) prescribing standards applicable to different trades or classes of food premises;
(2) Paragraph 3(e) of the Act is repealed and the following substituted:
(e) respecting the licensing of food premises;
(e.1) respecting inspectors, the powers of inspectors and orders or directions which may be made by inspectors;
3. Subsection 4(4) of the Act is repealed.
4. Sections 5 to 16 of the Act are repealed and the following substituted:
5. Where it is reasonably necessary for the purpose of ensuing that food or drugs are prepared, offered for sale or sold in accordance with this Act, an inspector may, at all reasonable times
(a) enter and inspect food premises, a store or other place or premises and may inspect all things in food premises, a store or other place or premises; and
(b) inspect and examine food or drugs exposed for sale or deposited in a place for the purpose of sale or in preparation for sale and which is intended or might be used for human consumption,
and the person in charge of the food premises, store or other place shall answer questions asked by the inspector and shall provide information and documents that the inspector may request.
Search and seizure
6. (1) Where an inspector believes on reasonable grounds that a person has contravened this Act or the regulations, the inspector may, with a warrant issued under subsection (2) enter a commercial, public or private premises in the province and
(a) search for food or drugs that appear to be unwholesome, unsound, diseased, injurious to health or otherwise unfit for consumption by human beings;
(b) examine those premises and make those inquiries that the inspector considers are necessary;
(c) tag and detain food or drugs for not more than 14 days pending a further investigation by the inspector at those premises with the instructions as to its care and storage that the inspector considers necessary and after 14 days the food or drugs shall be returned to its owner or seized under this section; and
(d) seize, take away, hold and store food or drugs and containers in which they are found where that food or drug appears to the inspector to be unwholesome, unsound, diseased, injurious to health or otherwise unfit for consumption by human beings.
(2) A Provincial Court judge or justice of the peace who is satisfied by an information upon oath or affirmation that there are reasonable grounds for believing that there is in a commercial, public or private premises anything which will provide evidence with respect to a contravention of this Act may issue a warrant authorizing the inspector named in the warrant to enter the commercial, public or private premises, search for and seize anything that will provide evidence with respect to a contravention of this Act, subject to the conditions that may be specified in the warrant.
(3) The owner or person in charge of the premises referred to subsections (1) and (2) and a person found there shall give an inspector reasonable help to enable the inspector to carry out his or her duties and functions under this section and shall provide the information and documents that the inspector may reasonably require.
(4) Notwithstanding subsection (1), an inspector may exercise the powers of search and seizure under that subsection without a warrant issued under subsection (2) where the conditions for obtaining the warrant exist but by reason of exigent circumstances, it would not be practical to obtain a warrant.
(5) For the purpose of subsection (4), exigent circumstances include circumstances in which the delay necessary to obtain the warrant would result in danger to human life or safety or to the loss or destruction of evidence.
(6) For the purpose of section 5 and this section, premises, in addition to its definition under section 2 includes a trailer, receptacle or container.
Return or destruction of food
7. (1) Food, drugs and their containers seized under section 6 may be detained for a period of 2 months following the day of seizure, unless during that period proceedings under this Act in respect of those food or drugs are undertaken, in which case the food, drugs and containers may be further retained until the proceedings are finally concluded.
(2) Where, following a seizure under section 6, proceedings are not taken, charges are withdrawn or proceeding are taken and the person charged is acquitted of the charge that has been made, the inspector or other person having custody of the food or drugs seized under section 6 shall return them to the person from whom they were seized.
(3) Notwithstanding subsection (2), where food or drugs have been seized under section 6 and an examination by or tests ordered conducted by the inspector discloses that the food or drugs are unfit for human consumption, that food or those drugs shall be disposed of or destroyed as ordered by the inspector.
Food offered as prizes
8. (1) Sections 4 to 7 apply in relation to food that is intended for human consumption and is
(a) offered as a prize or reward in connection with an entertainment to which the public are admitted whether on payment of money or not;
(b) offered as a prize or reward or given away for the purpose of advertisement or to further a trade or business; or
(c) exposed or deposited in a premises for the purpose of being so offered or given away
as if the food was or had been exposed for sale
(d) in a case falling within paragraph (a), by each person concerned in the organization of the entertainment,
(e) in a case falling within paragraph (b), by the person offering or giving away the food, or
(f) in a case falling within paragraph(c), by the occupier of the premises.
(2) In this section, the expression "entertainment" includes a social gathering, amusement, exhibition, performance, game, sport or trial of skill.
Handling and storage of food
9. (1) In a place where food is prepared or sold it shall be handled, prepared, packed, repacked, or stored in a manner that
(a) protects the food from coming into contact with harmful contaminants; and
(b) protects the food from contamination or adulteration that could be hazardous to human health.
(2) Food shall be transported in a manner that protects it from
(a) coming into contact with harmful contaminants; and
(b) contamination or adulteration that could be hazardous to human health.
(3) Where the owner of a room who did not let it for the purpose of being used for the preparation, sale or storage of food executes a work necessary to make the room comply with subsection (1) that owner may recover the expenses incurred by him or her in so doing from the occupier of the room summarily as a civil debt.
(4) In this section, the expression "room" includes a shop or cellar or other part of a building, and a shed, store or outbuilding or a part of one, and the provisions of this section, where applicable, apply in relation to a yard, forecourt, or area as they apply in relation to a room.
(5) Except as may be expressly provided by the regulations, this section does not apply in relation to premises that are used for the preparation, sale or storage of articles prepared from or consisting of materials other than those of animal or vegetable origin, where the premises are not otherwise used for a purpose in connection with the preparation, storage or sale of food.
Slaughter of animals
10. (1) An animal, within a licensing area, shall not be slaughtered for food except in an approved building, but this subsection does not apply to the killing of game animals.
(2) Meat from outside the province shall not be sold within the province unless it shows evidence of inspection at its point of origin or processing.
Sampling of food
11. (1) An inspector may purchase for analysis a sample of food or a drug.
(2) An inspector may, without going through the form of purchase, take for analysis a sample of food or a drug in the course of manufacture, preparation, sale or delivery to a purchaser or consignee.
(3) An inspector may, without going through the form of purchase, take for analysis a sample of food in bulk or milk, meat, fowl or fish sold or exposed for sale or intended for sale or being on the premises of a dealer in those commodities or in a vehicle.
(4) Where an inspector applies to purchase an article of food or a drug exposed for sale or on sale by retail on a premises, including a street or open space of public resort, and tenders the price for the quantity which he or she requires for the purpose of analysis, not being more than is reasonably requisite, and the person exposing the article or drug for sale, or having it for sale on the premises, refuses to sell to the inspector the quantity required, or where the person having charge of an article of food or drug of which an inspector is empowered to take a sample under subsection (2) or (3) refuses to allow the inspector to take the quantity which he or she requires for the purpose of analysis, the person who makes that refusal is guilty of an offence.
(5) Where an article of food is exposed for sale in an unopened tin or package properly labelled, a person shall not be required to sell it except in the unopened tin or package in which it is contained.
Division of samples
12. The inspector purchasing or taking a sample of an article of food or a drug with the intention of submitting it to analysis shall, after the purchase has been completed, or at the time of taking the sample, immediately notify the seller or his or her agent who sold the sample or the person in charge of the goods from which the sample was taken of the inspector’s intention to have it analyzed by an analyst and shall at that time divide the sample into 3 parts, each part to be marked and sealed or fastened in the manner that its nature will permit, and shall
(a) where required, deliver one part to the seller or the agent of the seller or the person in charge of the goods from which the sample was taken;
(b) retain one part for future comparison; and
(c) where the inspector thinks fit to have an analysis made, submit one part to the analyst.
Offence re: inspection
13. Where, after being requested to do so by an inspector, a person who has possession of or control of for sale or in course of its manufacture or its preparation for sale, food or a drug, refuses or omits
(a) to show the inspector the place in which the food or drug is stored;
(b) to admit the inspector into that place;
(c) to show the inspector all food or a drug in his or her possession;
(d) to permit the inspector to inspect food or a drug in his or her possession;
(e) to furnish the inspector with the reasonable assistance he or she requires for the purpose of this section; and
(f) to answer truthfully questions put to that person by the inspector regarding the food or drug, or the place where it is prepared or stored,
that person is guilty of an offence.
5. Sections 20, 22, 23, 24, 26 and 27 of the Act are repealed.
6. Section 36 of the Act is repealed and the following substituted:
36. (1) A person who violates a provision of this Act or the regulations is guilty of an offence.
(2) A person found guilty of an offence under this Act or the regulations is liable on summary conviction
(a) for a first offence, to a fine of not less than $500 and not more than $5,000 or to imprisonment for a term of not less than one month or more than 6 months, or to both a fine and imprisonment; and
(b) for a second and subsequent offence to a fine of not less than $5,000 and not more than $20,000 or to imprisonment for a term of not less than 2 months or more than 6 months, or to both a fine and imprisonment.
(3) Where a person has been convicted under subsection (2) the court shall, in addition to a penalty imposed under that subsection, order that the person pay to the minister the cost incurred by the department to sample and analyze a food or drug associated with the matter for which the person was convicted.
7. The Act is amended by striking out the phrase "place where food is prepared or sold" wherever it occurs and substituting the words "food premises".
©Earl G. Tucker, Queen's Printer