Food and Drugs Act (R.S.C., 1985, c. F-27)

Marginal note:Importation and interprovincial movement of food

• 6. (1) Where a standard for a food has been prescribed, no person shall

  • (a) import into Canada,

  • (b) send, convey or receive for conveyance from one province to another, or

  • (c) have in possession for the purpose of sending or conveying from one province to another

  any article that is intended for sale and that is likely to be mistaken for that food unless the article complies with the prescribed standard.

• Marginal note:Not applicable to carriers

  (2) Paragraphs (1)(b) and (c) do not apply to an operator of a conveyance that is used to carry an article or to a carrier of an article whose sole concern, in respect of the article, is the conveyance of the article unless the operator or carrier could, with reasonable diligence, have ascertained that the conveying or receiving for conveyance of the article or the possession of the article for the purpose of conveyance would be in contravention of subsection (1).

• Marginal note:Labelling, etc., of food that is imported or moved interprovincially

  (3) Where a standard for a food has been prescribed, no person shall label, package, sell or advertise any article that

  • (a) has been imported into Canada,

  • (b) has been sent or conveyed from one province to another, or

  • (c) is intended to be sent or conveyed from one province to another

  in such a manner that it is likely to be mistaken for that food unless the article complies with the prescribed standard.

Marginal note:Governor in Council may identify standard or portion thereof

• 6.1 (1) The Governor in Council may, by regulation, identify a standard prescribed for a food, or any portion of the standard, as being necessary to prevent injury to the health of the consumer or purchaser of the food.

• Marginal note:Where standard or portion thereof is identified

  (2) Where a standard or any portion of a standard prescribed for a food is identified by the Governor in Council pursuant to subsection (1), no person shall label, package, sell or advertise any article in such a manner that it is likely to be mistaken for that food unless the article complies with the standard or portion of a standard so identified.

Marginal note:Unsanitary manufacture, etc., of food

7. No person shall manufacture, prepare, preserve, package or store for sale any food under unsanitary conditions.

Marginal note:Prohibited sales of drugs

8. No person shall sell any drug that

• (a) was manufactured, prepared, preserved, packaged or stored under unsanitary conditions; or

• (b) is adulterated.