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Revised Statutes of Newfoundland 1990

CHAPTER F-12

AN ACT RESPECTING THE INSPECTION OF FISH

Analysis

1. Short title

2. Definitions

3. Employees

4. Regulations

5. Issue of licences

6. Powers of inspectors

7. Appeal

8. Oaths or affirmations

9. Seizure of fish and containers

10. False marking, labelling or packaging

11. Defective cans

12. Falsification of certificates

13. Prohibition against marketing

14. General penalty

15. Interpretation

Short title

1. This Act may be cited as the Fish Inspection Act.

RSN1970 c132 s1

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Definitions

2. In this Act

(a) "container" includes a type of receptacle, package, wrapper or confining band used in holding, storing, packing or marketing fish;

(b) "decomposed" means having an offensive or objectionable odour, flavour, colour or textural defect associated with spoilage;

(c) "establishment" means a place where fish is handled, processed, graded or stored;

(d) "fish" includes shellfish and crustaceans, and marine animals, and parts, products or by-products of them;

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

(f) "marketing" means buying, selling or holding in possession, offering or advertising for sale;

(g) "minister" means the Minister of Fisheries;

(h) "processing" includes cleaning, filleting, icing, packing, canning, freezing, smoking, salting, cooking, pickling, drying or preparing fish for market in any other manner;

(i) "tainted" means being rancid or having an abnormal odour or flavour;

(j) "unwholesome", with respect to fish, means having, in or upon the fish, bacteria of public health significance or toxic or aesthetically offensive substances; and

(k) "vehicle" includes a steamship, vessel, boat, railway car, truck, carriage, car, aircraft or other means of carriage used for the carriage of fish.

RSN1970 c132 s2

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Employees

3. There may be appointed in the manner authorized by law inspectors, officers, clerks and other employees that are necessary for the proper administration of this Act.

RSN1970 c132 s4; 1988 c24 s1

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Regulations

4. (1) The Lieutenant-Governor in Council may make regulations

(a) requiring and providing for the licensing of persons engaged in the handling, processing, storing, grading, transporting or marketing of fish;

(b) requiring and providing for the licensing of establishments used in or in connection with the handling, processing, storing, grading, transporting or marketing of fish;

(c) requiring and providing for the licensing of vehicles used in the transportation of fish;

(d) providing for the cancellation or suspension of licences issued under this subsection and the method by which the cancellation or suspension may be effected; and

(e) prescribing fees for the licensing of establishments and the issue of licences.

(2) For the purpose of regulating the marketing of fish in the province, the Lieutenant-Governor in Council may make regulations

(a) prescribing grades and standards of fish for marketing;

(b) respecting the handling, processing, storing, grading, packaging, marking, transporting, marketing and inspecting of fish;

(c) respecting the quality and specifications for containers and the marking and inspecting of containers;

(d) prescribing requirements for the construction, equipment and operation standards of establishments, and of vehicles or equipment used in connection with an establishment, or with the fishing or marketing of fish;

(e) prohibiting the marketing of fish or containers under a grade name or standard prescribed by the regulations unless all the requirements of this Act and the regulations have been complied with, and prohibiting the marketing of fish or containers under a name calculated to mislead or deceive;

(f) prescribing the manner in which samples of fish may be taken;

(g) prohibiting or restricting the marketing of fish or containers unless all the requirements of this Act and the regulations have been complied with;

(h) prescribing certificates that may be issued in respect of an inspection made under this Act or the regulations;

(i) prescribing procedure to be followed in an appeal to the minister under this Act;

(j) providing for the disposition, so as to prevent its being marketed for human consumption, of fish that is tainted, decomposed or unwholesome and prescribing the method, supervision and direction of and the time within which the disposal is to be effected and by whom and at whose expense, including prescribing the time for disposal as being within 30 days following inspection or within a greater or lesser period; and

(k) exempting persons, vehicles or establishments or a class of persons, vehicles or establishments from the application of the provisions of this Act or of the regulations.

1977 c20 s1; 1978 c43 s1

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Issue of licences

5. The minister may refuse to issue a licence required under this Act or the regulations without assigning a reason for the refusal.

RSN1970 c132 s6

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Powers of inspectors

6. (1) An inspector may at reasonable times, so long as it is reasonably necessary to determine compliance with this Act and the regulations,

(a) enter an establishment, or a vehicle used for the carriage or storage of fish, and may open a container that he or she has reason to believe contains fish;

(b) require to be produced for inspection or for the purpose of obtaining copies or extracts from books, shipping bills, bills of lading, or other documents or papers relating to the processing, transporting and marketing of fish; and

(c) take samples for inspection.

(2) A person shall not obstruct, impede or refuse to admit an inspector or other person acting in execution of this Act or the regulations and a person shall not help a person in obstructing, impeding or refusing to admit an inspector or other person.

RSN1970 c132 s7; 1988 c39 s22

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Appeal

7. A person aggrieved by a decision of an inspector in respect of an inspection, grading, marking or other matter under this Act or the regulations may appeal to the minister in accordance with the procedure prescribed by the regulations.

RSN1970 c132 s8

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Oaths or affirmations

8. For the purpose of this Act, inspectors may administer oaths and take and receive affidavits, declarations and affirmations.

RSN1970 c132 s9

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Seizure of fish and containers

9. (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), seize all fish and containers by means of or in relation to which he or she reasonably believes the offence was committed.

(2) A Provincial Court judge or justice of the peace who is satisfied by an information upon oath or affirmation that there are reasonable and probable grounds for believing that there is on the premises anything that there are reasonable grounds to believe will give evidence with respect to an offence under this Act or the regulations may issue a warrant authorizing an inspector named in the warrant to enter and seize all fish and containers that are considered necessary, subject to the conditions that may be specified in the warrant.

(3) Fish and containers seized under subsection (1) 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 fish and containers are undertaken, in which case the fish and containers may be further detained until the proceedings are finally concluded.

(4) Notwithstanding subsection (3), where fish is seized under subsection (1) the inspector or other person having the custody of the fish may sell it and shall pay the proceeds of the sale into the Consolidated Revenue Fund.

(5) Where fish and containers are seized under subsection (1), a person having an interest in the fish and containers may apply to a judge of the Trial Division for the return of the fish and containers.

(6) The judge may order the return of the fish and containers where

(a) he or she is satisfied that the fish was not seized because it is decomposed, tainted or unwholesome;

(b) he or she is satisfied that the retention of the fish and containers is not necessary as evidence of the commission of an offence;

(c) he or she is satisfied as to the value of the fish and containers seized; and

(d) the applicant posts a bond or other form of security satisfactory to the judge in an amount satisfactory to the judge.

(7) Where no proceedings are taken following a seizure under this section or where they are taken and the person charged is acquitted of the charge made against him or her

(a) the inspector or other person having the custody of the fish and containers seized under subsection (1) shall return them to the person from whom he or she seized them; and

(b) where the fish is sold under subsection (4) the minister shall pay the proceeds of the sale to the person from whom the fish and containers were seized under subsection (1).

(8) For the purpose of preserving the identity of fish or containers seized under subsection (1), an inspector may place upon the fish or the container a numbered tag in the form that the minister may prescribe.

(9) A person shall not remove or alter a tag placed upon a fish or container under subsection (8) and shall not remove a fish or container detained under this section.

(10) Where a person is convicted of an offence under this Act or the regulations or of a violation of a condition of a licence issued under this Act or the regulations, the judge before whom he or she is convicted may, in addition to a penalty imposed under this Act

(a) order that the fish and containers by means of or in relation to which the offence was committed or the proceeds of a sale under subsection (4) be forfeited to the Crown to be disposed of as the minister directs; or

(b) where a bond or other security has been posted under subsection (6), call upon the bond or other security and order the person posting it to pay immediately the amount of the bond or other security to the Consolidated Revenue Fund as a debt due the Crown.

RSN1970 c132 s10; 1988 c39 s22; 1990 c35 s1

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False marking, labelling or packaging

10. A person shall not mark, label or package fish or a fish product in a manner that is false, misleading or deceptive.

RSN1970 c132 s11

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Defective cans

11. (1) A person shall not sell a can of canned fish that is a leaker, a swell or a flipper due to decomposition or is otherwise defective.

(2) For the purpose of subsection (1)

(a) "can" includes a hermetically sealed glass bottle or metal container;

(b) "canned fish" includes fish packed in a hermetically sealed container and treated with heat to prevent spoilage and to destroy pathogenic organisms;

(c) "flipper" means a can of fish, 1 end of which bulges, with or without jarring, after it has been processed and cooled;

(d) "leaker" means a can of fish that has not been properly sealed or has developed a leak; and

(e) "swell" means a can of fish, the top or bottom of which has been distorted outward due to spoilage.

RSN1970 c132 s12

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Falsification of certificates

12. (1) A person shall not falsify or unlawfully alter, destroy, erase or obliterate a declaration, inspection certificate or other document made or issued under this Act or the regulations or a mark placed on containers under this Act or the regulations.

(2) A person who violates subsection (1) is guilty of an offence and is liable on summary conviction

(a) for a 1st 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 1 month or more than 6 months, or to both a fine and imprisonment;

(b) for a 2nd 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; and

(c) for a 3rd or subsequent offence, to a fine of not less than $20,000 and not more than $50,000 or to imprisonment for a term of not less than 3 months or more than 6 months, or to both a fine and imprisonment.

RSN1970 c132 s13; 1990 c35 s2

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Prohibition against marketing

13. (1) A person shall not market fish intended for human consumption if the fish is tainted, decomposed or unwholesome.

(2) A person who violates subsection (1) is guilty of an offence and is liable on summary conviction

(a) for a 1st 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 1 month or more than 6 months, or to both a fine and imprisonment;

(b) for a 2nd 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; and

(c) for a 3rd or subsequent offence, to a fine of not less than $20,000 and not more than $50,000 or to imprisonment for a term of not less than 3 months or more than 6 months, or to both a fine and imprisonment.

RSN1970 c132 s14; 1990 c35 s3

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General penalty

14. A person who violates a provision of this Act or the regulations or a condition attached to a licence issued under this Act or the regulations for which no penalty is elsewhere provided in this Act is guilty of an offence and is liable on summary conviction

(a) for a 1st 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 1 month or more than 6 months, or to both a fine and imprisonment;

(b) for a 2nd 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; and

(c) for a 3rd or subsequent offence, to a fine of not less than $20,000 and not more than $50,000 or to imprisonment for a term of not less than 3 months or more than 6 months, or to both a fine and imprisonment.

1990 c35 s4

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Interpretation

15. For the purpose of subsection 12(2), subsection 13(2) and section 14, a person shall be considered to be convicted of a 2nd, 3rd or subsequent offence where he or she is convicted of an offence within 2 years of his or her conviction of a 1st offence under this Act, notwithstanding that the 1st conviction and subsequent conviction may be for different offences under this Act.

1990 c35 s4

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