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1、FOOD AND DRUGS ACT,An Act respecting food, drugs, cosmetics and therapeutic devices,PART I - FOODS, DRUGS, COSMETICS (b) is unfit for human consumption; (c) consists in whole or in part of any filthy, putrid, disgusting, rotten, decomposed or diseased animal or vegetable substance; (d) is adulterate
2、d; or (e) was manufactured, prepared, preserved, packaged or stored under unsanitary conditions. Deception, etc., regarding food - s. 5(1) 5. (1) No person shall label, package, treat, process, sell or advertise any food in a manner that is false, misleading or deceptive or is likely to create an er
3、roneous impression regarding its character, value, quantity, composition, merit or safety. Food labelled or packaged in contravention of regulations - s. 5(2) (2) An article of food that is not labelled or packaged as required by, or is labelled or packaged contrary to, the regulations shall be deem
4、ed to be labelled or packaged contrary to subsection (1).,PART I - FOODS, DRUGS, COSMETICS or (b) is adulterated. Deception, etc., regarding drugs - s. 9(1) 9. (1) No person shall label, package, treat, process, sell or advertise any drug in a manner that is false, misleading or deceptive or is like
5、ly to create an erroneous impression regarding its character, value, quantity, composition, merit or safety. Drugs labelled or packaged in contravention of regulations - s. 9(2) (2) A drug that is not labelled or packaged as required by, or is labelled or packaged contrary to, the regulations shall
6、be deemed to be labelled or packaged contrary to subsection (1).,PART I - FOODS, DRUGS, COSMETICS and (b) it does not resemble, in a manner likely to deceive, any drug for which a standard has been prescribed or is contained in any publication referred to in Schedule B. Unsanitary manufacture, etc.,
7、 of drug - s. 11 11. No person shall manufacture, prepare, preserve, package or store for sale any drug under unsanitary conditions.,PART I - FOODS, DRUGS, COSMETICS (b) consists in whole or in part of any filthy or decomposed substance or of any foreign matter; or (c) was manufactured, prepared, pr
8、eserved, packaged or stored under unsanitary conditions. Where standard prescribed for cosmetic - s. 17 17. Where a standard has been prescribed for a cosmetic, no person shall label, package, sell or advertise any article in such a manner that it is likely to be mistaken for that cosmetic, unless t
9、he article complies with the prescribed standard. Unsanitary conditions - s. 18 18. No person shall manufacture, prepare, preserve, package or store for sale any cosmetic under unsanitary conditions.,PART I - FOODS, DRUGS, COSMETICS (a.1) enter any conveyance that the inspector believes on reasonabl
10、e grounds is used to carry any article to which section 6 or 6.1 applies and examine any such article found therein and take samples thereof; (b) open and examine any receptacle or package that the inspector believes on reasonable grounds contains any article to which this Act or the regulations app
11、ly; (c) examine and make copies of, or extracts from, any books, documents or other records found in any place referred to in this subsection that the inspector believes on reasonable grounds contain any information relevant to the enforcement of this Act with respect to any article to which this Ac
12、t or the regulations apply; and (d) seize and detain for such time as may be necessary any article by means of or in relation to which the inspector believes on reasonable grounds any provision of this Act or the regulations has been contravened.,PART II - ADMINISTRATION (b) anything used for the ma
13、nufacture, preparation, preservation, packaging or storing thereof; and (c) any labelling or advertising material. Assistance and information to be given inspector - s. 23(3) (3) The owner or person in charge of a place entered by an inspector pursuant to subsection (1) and every person found therei
14、n shall give the inspector all reasonable assistance and furnish the inspector with any information he may reasonably require. Obstruction and false statements - s. 24(1) 24. (1) No person shall obstruct or hinder, or knowingly make any false or misleading statement either orally or in writing to, a
15、n inspector while the inspector is engaged in carrying out his duties or functions under this Act or the regulations. Interference - s. 24(2) (2) Except with the authority of an inspector, no person shall remove, alter or interfere in any way with anything seized under this Part.,PART II - ADMINISTR
16、ATION (b) respecting (i) the labelling and packaging and the offering, exposing and advertising for sale of food, drugs, cosmetics and devices, (ii) the size, dimensions, fill and other specifications of packages of food, drugs, cosmetics and devices, (iii) the sale or the conditions of sale of any
17、food, drug, cosmetic or device, and (iv) the use of any substance as an ingredient in any food, drug, cosmetic or device, to prevent the purchaser or consumer thereof from being deceived or misled in respect of the design, construction, performance, intended use, quantity, character, value, composit
18、ion, merit or safety thereof, or to prevent injury to the health of the purchaser or consumer;,PART II - ADMINISTRATION (d) respecting the importation of foods, drugs, cosmetics and devices in order to ensure compliance with this Act and the regulations; (e) respecting the method of manufacture, pre
19、paration, preserving, packing, storing and testing of any food, drug, cosmetic or device in the interest of, or for the prevention of injury to, the health of the purchaser or consumer; (f) requiring persons who sell food, drugs, cosmetics or devices to maintain such books and records as the Governo
20、r in Council considers necessary for the proper enforcement and administration of this Act and the regulations; (g) respecting the form and manner of the Ministers indication under section 12, including the fees payable therefor, and prescribing what premises or what processes or conditions of manuf
21、acture, including qualifications of technical staff, shall or shall not be deemed to be suitable for the purposes of that section; (h) requiring manufacturers of any drugs described in Schedule E to submit test portions of any batch of those drugs and respecting the form and manner of the Ministers
22、indication under section 13, including the fees payable therefor;,PART II - ADMINISTRATION (j) exempting any food, drug, cosmetic or device from all or any of the provisions of this Act and prescribing the conditions of the exemption; (k) prescribing forms for the purposes of this Act and the regula
23、tions; (l) providing for the analysis of food, drugs or cosmetics other than for the purposes of this Act and prescribing a tariff of fees to be paid for that analysis; (l.1) respecting the assessment of the effect on the environment or on human life and health of the release into the environment of
24、 any food, drug, cosmetic or device, and the measures to take before importing or selling any such food, drug, cosmetic or device; (m) adding anything to any of the schedules, in the interest of, or for the prevention of injury to, the health of the purchaser or consumer, or deleting anything theref
25、rom; (n) respecting the distribution or the conditions of distribution of samples of any drug; (o) respecting (i) the method of manufacture, preparation, preserving, packing, labelling, storing and testing of any new drug, (ii) the sale or the conditions of sale of any new drug, and defining for the
26、 purposes of this Act the expression new drug; and,PART II - ADMINISTRATION WTO Agreement WTO Agreement has the meaning given to the word Agreement by subsection 2(1) of the World Trade Organization Agreement Implementation Act.,PART II - ADMINISTRATION and (b) on conviction on indictment to a fine
27、not exceeding five thousand dollars or to imprisonment for a term not exceeding three years or to both. Offences relating to food - s. 31.1 31.1 Every person who contravenes any provision of this Act or the regulations, as it relates to food, is guilty of an offence and liable (a) on summary convict
28、ion, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding six months or to both; or (b) on conviction by indictment, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding three years or to both.,PART II - ADMINISTRATION and (b) readily discernible to the
29、 purchaser or consumer under the customary conditions of purchase and use.,Regulations,B.01.003. (1) The following foods shall carry a label when offered for sale: (a) all prepackaged products other than (i) prepackaged confections, commonly known as one bite confections, that are sold individually,
30、 and (ii) prepackaged products consisting of fresh fruits or fresh vegetables that are packaged in a wrapper or confining band of less than 1/2 inch in width; (b) meat and meat by-products that are barbecued, roasted or broiled on the retail premises; (c) poultry, poultry meat or poultry meat by-pro
31、ducts that are barbecued, roasted or broiled on the retail premises;,Regulations,Where a preparation or mixture set out in the table to subsection (2) is added to a food, and the preparation or mixture contains one or more of the following ingredients or components, those ingredients or components s
32、hall be shown by their common names in the list of the ingredients of the food to which they are added as if they were ingredients of that food: (a) salt; (b) glutamic acid or its salts; (c) hydrolysed plant protein; (d) aspartame; (e) potassium chloride; and (f) any ingredient or component that per
33、forms a function in, or has any effect on, that food.,Regulations,B.01.042. Where a standard for a food is prescribed in this Part, (a) the food shall contain only the ingredients included in the standard for the food; (b) each ingredient shall be incorporated in the food in a quantity within any li
34、mits prescribed for that ingredient; and (c) if the standard includes an ingredient to be used as a food additive for a specified purpose, that ingredient shall be a food additive set out in one of the tables to section B.16.100 for use as an additive to that food for that purpose.,Regulations,B.01.046. (1) A food is adulterated if any of the following substances or classes of substances are present therein or have been added thereto: (a) mineral oil, paraffin wax or petrolatum or any preparation thereof; (b) co
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