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St. John's, Newfoundland and Labrador, Canada

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Revised Statutes of Newfoundland 1990


CHAPTER F-16

AN ACT RESPECTING THE SALE AND DISTRIBUTION OF FISHERY SALT

Analysis

1. Short title

2. Definitions

3. Appointment of inspectors, etc.

4. Powers of inspector

5. Regulations

6. Appeal

7. Offence


Short title

1. This Act may be cited as the Fishery Salt, Sale and Distribution Act.

RSN1970 c135 s1

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Definitions

2. In this Act

(a) "establishment" means a place where salt is handled, graded, stored or sold;

(b) "inspector" means an inspector appointed under this Act;

(c) "minister" means the Minister of Fisheries; and

(d) "salt" means salt used in the curing, processing and preparation of fish and fishery products intended to be sold for use as food by human beings or animals.

RSN1970 c135 s2

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Appointment of inspectors, etc.

3. The Lieutenant-Governor in Council may appoint inspectors, officers, clerks and other employees necessary for the proper administration of this Act.

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Powers of inspector

4. (1) An inspector may

(a) enter an establishment or a vehicle used for the storage or carriage of salt;

(b) take samples of salt for inspection and analysis;

(c) inspect and examine salt and order that precautions be taken against contamination of the salt;

(d) as a result of an inspection, examination or analysis in accordance with this Act or the regulations and on instructions from the minister

(i) order that salt which is contaminated or otherwise unfit for the curing, processing or preparation of fish or fishery products intended to be sold for use as food by human beings or animals be destroyed or destroy it; or

(ii) order that salt be removed from an establishment or vehicle to an establishment or vehicle under the control of the inspector and whether for the purpose of destruction or otherwise as the inspector specifies in the order.

(2) Notwithstanding subparagraph (1)(d)(i), salt referred to in that subparagraph may, subject to those conditions or orders that an inspector may prescribe or make, be sold and used for a purpose other than the curing, processing and preparation of fish, fishery products, or any other thing, intended to be sold for use as food by human beings or animals.

(3) Where an inspector orders the destruction or removal of salt under paragraph (1)(d) the owner of the salt shall bear the cost of the destruction or removal and where the inspector incurs an expense in relation to the distribution or removal the minister may recover that expense as a debt due the Crown.

(4) No person shall obstruct, impede or refuse to admit an inspector or other person acting in the administration of this Act or the regulations and no person shall aid or assist a person in obstructing, impeding or refusing to admit that inspector or other person.

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Regulations

5. The Lieutenant-Governor in Council may make regulations

(a) providing for the sale of salt by weight;

(b) specifying the certificates to be furnished in respect of salt imported into and sold in the province and the persons by whom and to whom the certificates or copies of the certificates shall be furnished;

(c) prohibiting or controlling and regulating the mixture of salt of different origins;

(d) requiring importers of salt to furnish to the minister or an approved analyst for analysis adequate samples of salt imported by them and providing for making the results of the analysis known to the minister and to purchasers of the salt;

(e) providing for the designation by the minister of persons as approved analysts for the purpose of analyzing samples of salt and prescribing the requirements and qualifications which a person shall meet and fulfil in order to be designated as an approved analyst for the purpose of this Act;

(f) prescribing the grades, qualities and standards of salt which may be used in the curing and processing of fish;

(g) prohibiting the use in the curing and processing of fish of salt other than that prescribed in regulations made under paragraph (f);

(h) respecting the handling, storage, transporting and sale of salt;

(i) prescribing the requirements for the equipment and sanitary operation of establishments and of vehicles or other equipment used in connection with an establishment or in connection with the storage, transporting or sale of salt;

(j) prescribing the manner in which samples of salt may be taken;

(k) prescribing the treatment and manner of treatment to be given to equipment or a vehicle to eradicate, control or prevent the contamination of salt;

(l) prescribing the procedure to be followed in an appeal to the minister under this Act.

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Appeal

6. (1) A person aggrieved by a decision or an order of an inspector made or given under this Act or the regulations may appeal to the minister in accordance with the procedure prescribed by the regulations.

(2) The decision of the minister is final on an appeal under subsection (1).

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Offence

7. Every person who violates this Act or the regulations or who fails to carry out an order given under this Act or the regulations is guilty of an offence and liable on summary conviction to a fine not exceeding $500 or to imprisonment for a term not exceeding 6 months or to both a fine and imprisonment.

RSN1970 c135 s7

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