2012 Market Brief For Cinnamon
2012 Market Brief For Cinnamon
DAFTAR ISI ii
I. PENDAHULUAN
1.1 Latar Belakang 1
V. INFORMASI PENTING 14
VI. REFERENSI 17
VII. LAMPIRAN 18
I. PENDAHULUAN
Salah satu hasil bumi Indonesia yang memiliki nilai ekspor tertinggi di AS adalah
kayu manis. Kanada memiliki persamaan pasar dengan Amerika Serikat. Oleh
sebab itu, negara Kanada yang letaknya berada di bagian Amerika Utara
mempunyai prospek yang sangat baik untuk berkembangnya pasar kayu manis.
Indonesia merupakan salah satu negara yang memiliki komoditi ekspor kayu manis
terbesar dengan pangsa pasar 25 persen dari ekspor dunia. Luas areal
Vietnam, dan Sri Lanka terus meningkatkan kualitas dan ekspor kayu manis.
Kayu manis adalah sejenis pohon penghasil rempah-rempah. Sifat kimia dari kayu
manis ialah hangat, pedas, wangi, dan sedikit manis. Di dunia internasional, kayu
manis dikenal dengan nama cinnamon, yang berasal dari bahasa Yunani,
kinnamon. Sejak abad ke-16, kayu manis telah digunakan sebagai bumbu masak.
Komoditas ini selain digunakan sebagai rempah, hasil olahannya seperti minyak
Indonesia. Jenis kayu manis yang menonjol di pasar dunia adalah Cinnamomum
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Burmannii (di Indonesia) yang produknya dikenal dengan nama Cassiavera,
Cinnamomum zeylanicum (di Sri Lanka dan Seycelles) dan Cinnamomum Cassia
(di Cina) yang produknya dikenal dengan Cassia Cina. Cassia Vera memiliki efek
Kandungan kimia ada terdapat dalam kayu manis adalah minyak atsiri, eugenol,
safrole, sinamaldehide, tanin, kalsium oksalat, damar, dan zat penyamak. Kayu
manis juga kaya akan mineral seperti mangan, besi dan kalsium. Tanaman ini
sudah mendapat posisi terbaik dan unggul sebagai bahan pengobatan tradisional
secara luas, terutama Ayurveda (sistem obat tradisional India). Kayu manis
termasuk salah satu herbal yang paling popular tidak saja di Asia namun di
Amerika dan negara Negara di bagian Eropa. Kebutuhan impor kayu manis dunia
Berikut ini adalah pemanfaatan kayu manis yang terkenal di seluruh dunia:
Tonic Otak
Serikat telah membuktikan bahwa aroma kayu manis memiliki kemampuan untuk
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Pemurnian darah
Kayu manis membantu dalam menghilangkan kotoran darah. Oleh karena itu
Sirkulasi Darah
Kayu manis membantu dalam sirkulasi darah karena adanya senyawa pengencer
sakit kepala yang disebabkan oleh udara dingin, cocok untuk negara bermusim
Kayu manis juga anti inflamasi. Ini membantu dalam menghilangkan kekakuan otot
dan sendi hingga mengurangi rasa nyeri. Kayu manis juga dianjurkan untuk
arthritis.
Diabetes
Kayu manis memiliki kemampuan untuk mengendalikan gula darah dan membantu
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Infeksi
ada dalam kayu manis, membantu dalam menghancurkan kuman infeksi internal
dan external.
Penyembuhan
Penyakit Jantung
Hal ini diyakini bahwa kalsium dan serat yang hadir dalam kayu manis memberikan
Kanker Colon
Hal ini juga meningkatkan kesehatan usus dan dengan demikian mengurangi risiko
usus kanker.
Tonik pencernaan
Kayu Manis sangat efektif untuk gangguan pencernaan, mual muntah, sakit perut,
diare dan perut kembung. Karena sifat karminatif, itu sangat membantu dalam
Masalah pernapasan
Kayu manis membantu dalam dingin (cold), flu, influenza tenggorokan, sakit dan
sesak nafas.
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Menstruasi
dan kram.
Pengendalian kelahiran
secara teratur kayu manis setelah kelahiran anak penundaan menstruasi dan
Menyusui
Hal ini juga percaya bahwa kayu manis membantu dalam sekresi payudara susu.
Penyegar Mulut
Kayu manis digunakan dalam permen karet karena merupakan penyegar mulut
Parfum
Ini memiliki aroma yang menyegarkan dan secara luas digunakan dalam
pembuatan parfum.
Ornamen/ Dekorasi
Di negara barat, seperti Kanada dan Amerika Serikat, batang kayu manis banyak
sekali digunakan sebagai hiasan rumah di musim dingin dan juga sekaligus
pewangi ruangan.
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Bahan Pembuat Makanan dan Bumbu Masak Penyedap
Kayu manis menjadi bagian tambahan dalam resep masakan banyak etnis
produsen komoditi kayu manis terbesar di dunia, dan volume ekspornya juga
menempati urutan terbesar di dunia yakni sebesar 26% dari ekspor dunia.
Dikatakan Kabupaten Kerinci Jambi dan Sumatera Barat menempati 85% dari total
produksi nasional, dan sisanya sekitar 15% produksi nasional dihasilkan oleh
daerah lain seperti Sumatera Utara, Kalimantan Selatan dan Aceh. Di Sumatra
Utara sendiri, ekportir kayu manis sudah lebih dari 30 perusahaan, dengan rata-
rata pengiriman kayu manis sekitar 30 ton per bulan. Harga jual kayu manis di
pasar internasional juga terus meningkat. Peningkatan harga jual kayu manis di
pasar dunia berpengaruh pada meningkatnya harga jual kayu manis di tingkat
petani.
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2.2 Produksi Kayu Manis
Berikut adalah produksi kayu manis di Indonesia dari 1961 sampai 2009.
FAOSTAT on 07/17/2011
Pada tahun 2004 sampai 2006 mencapai puncaknya diatas 100.000 ton,
menjadi 60.000 ton. Namun tahun 2007 sampai 2009 telah mengalami
peningkatan kembali. Hal ini terutama disebabkan oleh kebutuhan dunia yang
menurun pada tahun yang sama diatas, yang kemungkinan besar karena ekonomi
krisis yang melanda dunia. Terbukti dengan statistik jumlah produksi dunia di
bawah ini.
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2.3 Hambatan Dalam Usaha Ekspor Kayu Manis
• Krisis ekonomi yang melanda dunia memberi efek pada jumlah permintaan
pasar
• Sistem perdagangan yang tidak transparan oleh para tengkulak dan pedagang
konsisten
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2. Bantuan Lembaga Swadaya Masyarakat
para petani.
Total ekspor kayu manis Indonesia tahun 2010 sebesar 46,05 ribu ton dengan nilai
USD 48,4 juta yang dipasarkan ke 71 negara tujuan ekspor. Sepuluh negara
tujuan ekspor utama yaitu AS (45.03%), Uni Emirat Arab (5,01%,), Belanda
(3.11%), Turki (3,07%), Malaysia (3,01%), Algeria (2,37%). Estonia dan Irak
merupakan merupakan pasar baru bagi kayu manis Indonesia pada tahun 2010.
Volume ekspor pada tahun 2010 tersebut mengalami kenaikan sebesar 20,04 %
dibanding tahun 2009 sebesar 38,5 ribu ton, sedangkan nilai ekspor naik 58,72
% dari nilai ekspor tahun 2009 sebesar USD 30,5 juta. Kenaikan volume ekspor
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terbesar terjadi ke AS, Uni Emirat Arab, Turki dan Jerman. Volume dan nilai ekspor
tahun 2010 ini merupakan rekor tertinggi dalam sepuluh tahun terakhir.
Flowers). Pada tahun 2011, Indonesia mengalami sedikit penurunan dari tahun
tahun 2010 dan 2011. Hal ini adalah sesuatu yang wajar karena diketahui
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hasil pembelian dari impor yang di-ekspor kembali ke Kanada, baik berupa produk
permintaan pasar kayu manis nya di lima tahun terakhir. Kesadaran akan
herbal yang memberi nilai tambah. Fungsi-fungsi yang ditemukan pada kayu manis
sangat cocok dengan gaya hidup dan perkembangan pasar di Kanada, seperti
sebagai berikut:
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• cenderung memperhatikan kesehatan tubuh sejak dini
terus bertambah
pilihan populer
3.4 Berikut adalah contoh produk Cinnamon di supermarket/ retail store di Kanada.
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IV. STRATEGI PENETRASI EKSPOR KAYU MANIS KE KANADA
a. Saat ini Indonesia hanya mengekspor 95% produk kayu manisnya dalam
bentuk gulungan, hancur dan bubuk. Masih banyak potensi bersaing di bentuk-
bentuk lainnya yang memiliki nilai tambah seperti seperti permen, obat
di Kanada.
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c. Bekerja sama dengan salah satu perusahaan ekspor/impor produk Indonesia di
internasional
pasar di Kanada melalui bantuan jasa konsultan brand dan desain. Dengan
V. INFORMASI PENTING
Email: jkrta-td@international.gc.ca
14
Jakarta 12920
• Ottawa
55 Parkdale Avenue
Email: commerce@indonesia-ottawa.org
Website: www.indonesia-ottawa.org/trade
• Toronto
Email: trade@indonesiatoronto.org
Website: www.indonesiatoronto.org
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• Vancouver
Email: congen@indonesiavancouver.org
Website: www.indonesiavancouver.org
Email: itpc@indonesiavancouver.org
Website: http://itpcvancouver.org
• VITIC Enterprise
Email: vitic@shaw.ca
Website: www.viticenterprise.com
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5.3 Daftar Pameran Untuk Pemasaran Produk Kayu Manis
• SIAL Canada di Montreal dan Toronto (fokus produk makanan dan minuman,
Mei 2011)
Januari 2011)
• Toronto Food Expo di Toronto (fokus produk makanan dan minuman, Maret
2011)
• Eat! Vancouver di Vancouver (fokus produk makanan dan minuman, target final
• Canadian Coffee and Tea Show di Toronto dan Vancouver (fokus produk kopi,
VI. REFERENSI
• Industry Canada
• Statistic Canada
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VII. LAMPIRAN
Agency
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Perusahaan Jenis Produk Kota Propinsi
Eppex international Inc spices, cinnamon Missisauga Ontario
sticks
Shakanga International cinnamon sticks Pickering Ontario
SHORT TITLE
R.S., c. F-27, s. 1.
INTERPRETATION
Definitions
2. In this Act,
“advertisement”
« publicité » ou « annonce »
“advertisement” includes any representation by any means whatever for the purpose of promoting directly or
indirectly the sale or disposal of any food, drug, cosmetic or device;
“analyst”
« analyste »
“analyst” means a person designated as an analyst for the purpose of the enforcement of this Act under section 28 or
under section 13 of the Canadian Food Inspection Agency Act;
“contraceptive device”
« moyen anticonceptionnel »
“contraceptive device” means any instrument, apparatus, contrivance or substance other than a drug, that is
manufactured, sold or represented for use in the prevention of conception;
“cosmetic”
« cosmétique »
“cosmetic” includes any substance or mixture of substances manufactured, sold or represented for use in cleansing,
improving or altering the complexion, skin, hair or teeth, and includes deodorants and perfumes;
“Department”
« ministère »
« instrument »
“device” means any article, instrument, apparatus or contrivance, including any component, part or accessory
thereof, manufactured, sold or represented for use in
(a) the diagnosis, treatment, mitigation or prevention of a disease, disorder or abnormal physical state, or its
symptoms, in human beings or animals,
(b) restoring, correcting or modifying a body function or the body structure of human beings or animals,
(d) the care of human beings or animals during pregnancy and at and after birth of the offspring, including care of
the offspring,
“drug”
« drogue »
“drug” includes any substance or mixture of substances manufactured, sold or represented for use in
(a) the diagnosis, treatment, mitigation or prevention of a disease, disorder or abnormal physical state, or its
symptoms, in human beings or animals,
“food”
« aliment »
“food” includes any article manufactured, sold or represented for use as food or drink for human beings, chewing
gum, and any ingredient that may be mixed with food for any purpose whatever;
“inspector”
« inspecteur »
“inspector” means any person designated as an inspector for the purpose of the enforcement of this Act under
subsection 22(1) or under section 13 of the Canadian Food Inspection Agency Act;
“label”
« étiquette »
“label” includes any legend, word or mark attached to, included in, belonging to or accompanying any food, drug,
cosmetic, device or package;
“Minister”
« ministre »
“package”
« emballage »
“package” includes any thing in which any food, drug, cosmetic or device is wholly or partly contained, placed or
packed;
“prescribed”
“sell”
« vente »
“sell” includes offer for sale, expose for sale, have in possession for sale and distribute, whether or not the
distribution is made for consideration;
“unsanitary conditions”
“unsanitary conditions” means such conditions or circumstances as might contaminate with dirt or filth, or render
injurious to health, a food, drug or cosmetic.
R.S., 1985, c. F-27, s. 2; R.S., 1985, c. 27 (1st Supp.), s. 191; 1992, c. 1, s. 145(F); 1993, c. 34, s. 71; 1994, c. 26, s.
32(F), c. 38, s. 18; 1995, c. 1, s. 63; 1996, c. 8, ss. 23.1, 32, 34; 1997, c. 6, s. 62.
PART I
General
Prohibited advertising
3. (1) No person shall advertise any food, drug, cosmetic or device to the general public as a treatment, preventative
or cure for any of the diseases, disorders or abnormal physical states referred to in Schedule A.
as a treatment, preventative or cure for any of the diseases, disorders or abnormal physical states referred to in
Schedule A.
(3) Except as authorized by regulation, no person shall advertise to the general public any contraceptive device or
any drug manufactured, sold or represented for use in the prevention of conception.
Food
(c) consists in whole or in part of any filthy, putrid, disgusting, rotten, decomposed or diseased animal or vegetable
substance;
(d) is adulterated; or
(e) was manufactured, prepared, preserved, packaged or stored under unsanitary conditions.
Exemptions
(a) by an agricultural chemical or its components or derivatives, if the sale of the food is subject to an interim
marketing authorization issued under subsection 30.2(1) and the amount of the agricultural chemical and the
components or derivatives, singly or in any combination, in or on the food does not exceed the maximum residue
limit that is set out in the authorization;
(b) by a veterinary drug or its metabolites, if the sale of the food is subject to an interim marketing authorization
issued under subsection 30.2(1) and the amount of the veterinary drug and the metabolites, singly or in any
combination, in the food does not exceed the maximum residue limit that is set out in the authorization; and
(c) by a pest control product as defined in subsection 2(1) of the Pest Control Products Act, chapter 28 of the
Statutes of Canada, 2002, or its components or derivatives, if the amount of the pest control product or the
components or derivatives in or on the food being sold does not exceed the maximum residue limit specified under
section 9 or 10 of that Act.
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 erroneous impression regarding its character, value, quantity, composition, merit
or safety.
(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 deemed to be labelled or packaged contrary to subsection (1).
R.S., c. F-27, s. 5.
6. (1) Where a standard for a food has been prescribed, no person shall
(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.
(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).
(3) Where a standard for a food has been prescribed, no person shall label, package, sell or advertise any article that
in such a manner that it is likely to be mistaken for that food unless the article complies with the prescribed standard.
(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.
7. No person shall manufacture, prepare, preserve, package or store for sale any food under unsanitary conditions.
R.S., c. F-27, s. 7.
Drugs
(a) was manufactured, prepared, preserved, packaged or stored under unsanitary conditions; or
(b) is adulterated.
R.S., c. F-27, s. 8.
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 likely to create an erroneous impression regarding its character, value, quantity, composition, merit
or safety.
(2) A drug that is not labelled or packaged as required by, or is labelled or packaged contrary to, the regulations shall
be deemed to be labelled or packaged contrary to subsection (1).
R.S., c. F-27, s. 9.
10. (1) Where a standard has been prescribed for a drug, no person shall label, package, sell or advertise any
substance in such a manner that it is likely to be mistaken for that drug, unless the substance complies with the
prescribed standard.
Trade standards
(2) Where a standard has not been prescribed for a drug, but a standard for the drug is contained in any publication
referred to in Schedule B, no person shall label, package, sell or advertise any substance in such a manner that it is
likely to be mistaken for that drug, unless the substance complies with the standard.
(3) Where a standard for a drug has not been prescribed and no standard for the drug is contained in any publication
referred to in Schedule B, no person shall sell the drug unless
(a) it is in accordance with the professed standard under which it is sold; 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.
11. No person shall manufacture, prepare, preserve, package or store for sale any drug under unsanitary conditions.
12. No person shall sell any drug described in Schedule C or D unless the Minister has, in prescribed form and
manner, indicated that the premises in which the drug was manufactured and the process and conditions of
manufacture therein are suitable to ensure that the drug will not be unsafe for use.
13. No person shall sell any drug described in Schedule E unless the Minister has, in prescribed form and manner,
indicated that the batch from which the drug was taken is not unsafe for use.
Samples
14. (1) No person shall distribute or cause to be distributed any drug as a sample.
Exception
(2) Subsection (1) does not apply to the distribution, under prescribed conditions, of samples of drugs to physicians,
dentists, veterinary surgeons or pharmacists.
Cosmetics
(a) has in or on it any substance that may cause injury to the health of the user when the cosmetic is used,
(ii) for such purposes and by such methods of use as are customary or usual therefor;
(b) consists in whole or in part of any filthy or decomposed substance or of any foreign matter; or
(c) was manufactured, prepared, preserved, packaged or stored under unsanitary conditions.
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 the article complies with the prescribed
standard.
Unsanitary conditions
18. No person shall manufacture, prepare, preserve, package or store for sale any cosmetic under unsanitary
conditions.
Devices
19. No person shall sell any device that, when used according to directions or under such conditions as are
customary or usual, may cause injury to the health of the purchaser or user thereof.
20. (1) No person shall label, package, treat, process, sell or advertise any device in a manner that is false,
misleading or deceptive or is likely to create an erroneous impression regarding its design, construction,
performance, intended use, quantity, character, value, composition, merit or safety.
21. Where a standard has been prescribed for a device, no person shall label, package, sell or advertise any article in
such a manner that it is likely to be mistaken for that device, unless the article complies with the prescribed standard.
PART II
Inspectors
22. (1) The Minister may designate any person as an inspector for the purpose of the enforcement of this Act.
Certificate to be produced
(2) An inspector shall be given a certificate in a form established by the Minister or the President of the Canadian
Food Inspection Agency attesting to the inspector’s designation and, on entering any place pursuant to subsection
23(1), an inspector shall, if so required, produce the certificate to the person in charge of that place.
Powers of inspectors
23. (1) Subject to subsection (1.1), an inspector may at any reasonable time enter any place where the inspector
believes on reasonable grounds any article to which this Act or the regulations apply is manufactured, prepared,
preserved, packaged or stored, and may
(a) examine any such article and take samples thereof, and examine anything that the inspector believes on
reasonable grounds is used or capable of being used for that manufacture, preparation, preservation, packaging or
storing;
(a.1) enter any conveyance that the inspector believes on reasonable 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 apply;
(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 Act 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.
Warrant required to enter dwelling-house
(1.1) Where any place mentioned in subsection (1) is a dwelling-house, an inspector may not enter that dwelling-
house without the consent of the occupant except under the authority of a warrant issued under subsection (1.2).
(1.2) Where on ex parte application a justice of the peace is satisfied by information on oath
(a) that the conditions for entry described in subsection (1) exist in relation to a dwelling-house,
(b) that entry to the dwelling-house is necessary for any purpose relating to the administration or enforcement of this
Act, and
(c) that entry to the dwelling-house has been refused or that there are reasonable grounds for believing that entry
thereto will be refused,
the justice of the peace may issue a warrant under his hand authorizing the inspector named therein to enter that
dwelling-house subject to such conditions as may be specified in the warrant.
Use of force
(1.3) In executing a warrant issued under subsection (1.2), the inspector named therein shall not use force unless the
inspector is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.
(2) In subsection (1), “article to which this Act or the regulations apply” includes
(b) anything used for the manufacture, preparation, preservation, packaging or storing thereof; and
(3) The owner or person in charge of a place entered by an inspector pursuant to subsection (1) and every person
found therein shall give the inspector all reasonable assistance and furnish the inspector with any information he
may reasonably require.
R.S., 1985, c. F-27, s. 23; R.S., 1985, c. 31 (1st Supp.), s. 11, c. 27 (3rd Supp.), s. 2.
24. (1) No person shall obstruct or hinder, or knowingly make any false or misleading statement either orally or in
writing to, an inspector while the inspector is engaged in carrying out his duties or functions under this Act or the
regulations.
Interference
(2) Except with the authority of an inspector, no person shall remove, alter or interfere in any way with anything
seized under this Part.
25. Any article seized under this Part may, at the option of an inspector, be kept or stored in the building or place
where it was seized or, at the direction of an inspector, the article may be removed to any other proper place.
26. An inspector who has seized any article under this Part shall release it when he is satisfied that all the provisions
of this Act and the regulations with respect thereto have been complied with.
27. (1) Where an inspector has seized an article under this Part and its owner or the person in whose possession the
article was at the time of seizure consents to its destruction, the article is thereupon forfeited to Her Majesty and may
be destroyed or otherwise disposed of as the Minister or the Minister of Agriculture and Agri-Food may direct.
Forfeiture
(2) Where a person has been convicted of a contravention of this Act or the regulations, the court or judge may order
that any article by means of or in relation to which the offence was committed, and any thing of a similar nature
belonging to or in the possession of the person or found with the article, be forfeited. On the making of the order, the
article and thing are forfeited to Her Majesty and may be disposed of as the Minister or the Minister of Agriculture
and Agri-Food may direct.
(3) Without prejudice to subsection (2), a judge of a superior court of the province in which any article is seized
under this Part may, on the application of an inspector and on such notice to such persons as the judge directs, order
that the article and any thing of a similar nature found with it be forfeited to Her Majesty, if the judge finds, after
making such inquiry as the judge considers necessary, that the article is one by means of or in relation to which any
of the provisions of this Act or the regulations have been contravened. On the making of the order, the article or
thing may be disposed of as the Minister or the Minister of Agriculture and Agri-Food may direct.
R.S., 1985, c. F-27, s. 27; 1992, c. 1, s. 145(F); 1994, c. 38, s. 19; 1995, c. 1, s. 62; 1996, c. 8, s. 23.2; 1997, c. 6, s.
64.
Analysis
Analysts
28. The Minister may designate any person as an analyst for the purpose of the enforcement of this Act.
29. (1) An inspector may submit to an analyst, for analysis or examination, any article seized by the inspector, any
sample therefrom or any sample taken by the inspector.
Certificate or report
(2) An analyst who has made an analysis or examination may issue a certificate or report setting out the results of
the analysis or examination.
Regulations
Regulations
30. (1) The Governor in Council may make regulations for carrying the purposes and provisions of this Act into
effect, and, in particular, but without restricting the generality of the foregoing, may make regulations
(a) declaring that any food or drug or class of food or drugs is adulterated if any prescribed substance or class of
substances is present therein or has been added thereto or extracted or omitted therefrom;
(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 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, composition, merit or safety thereof, or to prevent injury to the
health of the purchaser or consumer;
(c) prescribing standards of composition, strength, potency, purity, quality or other property of any article of food,
drug, cosmetic or device;
(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, preparation, 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 Governor
in Council considers necessary for the proper enforcement and administration of this Act and the regulations;
(g) respecting the form and manner of the Minister’s indication under section 12, including the fees payable therefor,
and prescribing what premises or what processes or conditions of manufacture, 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 Minister’s indication under section 13, including the fees payable
therefor;
(i) respecting the powers and duties of inspectors and analysts and the taking of samples and the seizure, detention,
forfeiture and disposition of articles;
(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 regulations;
(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 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 therefrom;
(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, and
and defining for the purposes of this Act the expression “new drug”;
(p) authorizing the advertising to the general public of contraceptive devices and drugs manufactured, sold or
represented for use in the prevention of conception and prescribing the circumstances and conditions under which,
and the persons by whom, those devices and drugs may be so advertised;
(q) defining “agricultural chemical”, “food additive”, “mineral nutrient”, “veterinary drug” and “vitamin” for the
purposes of this Act; and
(2) Without limiting or restricting the authority conferred by any other provisions of this Act or any Part thereof for
carrying into effect the purposes and provisions of this Act or any Part thereof, the Governor in Council may make
such regulations governing, regulating or prohibiting
(a) the importation into Canada of any drug or class of drugs manufactured outside Canada, or
(b) the distribution or sale in Canada, or the offering, exposing or having in possession for sale in Canada, of any
drug or class of drugs manufactured outside Canada,
as the Governor in Council deems necessary for the protection of the public in relation to the safety and quality of
any such drug or class of drugs.
Regulations re the North American Free Trade Agreement and WTO Agreement
(3) Without limiting or restricting the authority conferred by any other provisions of this Act or any Part thereof for
carrying into effect the purposes and provisions of this Act or any Part thereof, the Governor in Council may make
such regulations as the Governor in Council deems necessary for the purpose of implementing, in relation to drugs,
Article 1711 of the North American Free Trade Agreement or paragraph 3 of Article 39 of the Agreement on Trade-
related Aspects of Intellectual Property Rights set out in Annex 1C to the WTO Agreement.
Definitions
“North American Free Trade Agreement” has the meaning given to the word “Agreement” by subsection 2(1) of the
North American Free Trade Agreement Implementation Act;
“WTO Agreement”
“WTO Agreement” has the meaning given to the word “Agreement” by subsection 2(1) of the World Trade
Organization Agreement Implementation Act.
(5) Without limiting or restricting the authority conferred by any other provisions of this Act or any of its Parts for
carrying into effect the purposes and provisions of this Act or any of its Parts, the Governor in Council may make
any regulations that the Governor in Council considers necessary for the purpose of implementing the General
Council Decision.
Definitions
(6) The definitions in this subsection apply in this subsection and in subsection (5).
“General Council”
« Conseil général »
“General Council” means the General Council of the WTO established by paragraph 2 of Article IV of the
Agreement Establishing the World Trade Organization, signed at Marrakesh on April 15, 1994.
“TRIPS Agreement”
“TRIPS Agreement” means the Agreement on Trade-Related Aspects of Intellectual Property Rights, being Annex
1C of the Agreement Establishing the World Trade Organization, signed at Marrakesh on April 15, 1994.
“WTO”
« OMC »
“WTO” means the World Trade Organization established by Article I of the Agreement Establishing the World
Trade Organization, signed at Marrakesh on April 15, 1994.
R.S., 1985, c. F-27, s. 30; 1993, c. 44, s. 158; 1994, c. 47, s. 117; 1999, c. 33, s. 347; 2004, c. 23, s. 2; 2005, c. 42, s.
2.
Previous Version
Interim Orders
Interim orders
30.1 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation
made under this Act if the Minister believes that immediate action is required to deal with a significant risk, direct or
indirect, to health, safety or the environment.
Cessation of effect
(2) An interim order has effect from the time that it is made but ceases to have effect on the earliest of
(c) the day on which a regulation made under this Act, that has the same effect as the interim order, comes into
force, and
(d) one year after the interim order is made or any shorter period that may be specified in the interim order.
(3) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of
the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the
alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring
the purport of the interim order to the notice of those persons likely to be affected by it.
(a) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; and
(b) shall be published in the Canada Gazette within 23 days after it is made.
Deeming
(5) For the purpose of any provision of this Act other than this section, any reference to regulations made under this
Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this
Act is deemed to include a reference to the portion of an interim order containing any provision that may be
contained in a regulation made under the specified provision.
Tabling of order
(6) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made.
(7) In order to comply with subsection (6), the interim order may be sent to the Clerk of the House if the House is
not sitting.
30.2 (1) The Minister may issue an interim marketing authorization for a food that provides for any matter referred
to in subsection (2), and may exempt the food from the application, in whole or in part, of sections 5 to 6.1 and the
applicable requirements of the regulations, if the Minister determines that the food would not be harmful to the
health of the purchaser or consumer.
Types of authorization
(2) An authorization may provide for any of the following that are applicable to the food:
(a) the maximum residue limit in respect of an agricultural chemical and its components or derivatives, singly or in
any combination;
(b) the maximum residue limit in respect of a veterinary drug and its metabolites, singly or in any combination;
(d) the minimum or maximum level, or both, in respect of a vitamin, a mineral nutrient or an amino acid.
Limitation
(3) An authorization may provide for a maximum residue limit in respect of an agricultural chemical or veterinary
drug, or a maximum level of use in respect of a food additive, only if
(a) in the case of an agricultural chemical, the regulations allow the agricultural chemical and its components or
derivatives, singly or in any combination, to be present in or on a food at or below a prescribed maximum residue
limit and the authorization would allow the agricultural chemical and its components or derivatives, singly or in any
combination, to be present in or on the food in an amount that exceeds that limit, or to be present in or on a different
food;
(b) in the case of a veterinary drug, the regulations allow the veterinary drug and its metabolites, singly or in any
combination, to be present in a food at or below a prescribed maximum residue limit and the authorization would
allow the veterinary drug and its metabolites, singly or in any combination, to be present in the food in an amount
that exceeds that limit, or to be present in a different food; and
(c) in the case of a food additive, the regulations allow the food additive to be present in or on a food at or below a
prescribed maximum level of use and the authorization would allow it to be used in or on the food in an amount that
exceeds that level of use, or would allow it to be used in or on a different food.
(4) An authorization may contain any terms and conditions specified by the Minister.
(a) are exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; and
When effective
(6) An authorization has effect beginning on the day on which it is published in the Canada Gazette, and ceases to
have effect on the earliest of
(a) the day on which a notice cancelling the authorization is published in the Canada Gazette,
(b) the day on which a regulation made under this Act, that has the same effect as the authorization, comes into
force, and
(c) two years after the day on which the authorization is published.
2005, c. 42, s. 3.
31. Subject to section 31.1, every person who contravenes any of the provisions of this Act or of the regulations
made under this Part is guilty of an offence and liable
(a) on summary conviction for a first offence to a fine not exceeding five hundred dollars or to imprisonment for a
term not exceeding three months or to both and, for a subsequent offence, to a fine not exceeding one thousand
dollars or to imprisonment for a term not exceeding six months or to both; and
(b) on conviction on indictment to a fine not exceeding five thousand dollars or to imprisonment for a term not
exceeding three years or to both.
R.S., 1985, c. F-27, s. 31; 1996, c. 19, s. 77; 1997, c. 6, ss. 65, 91.
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 conviction, 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.
1997, c. 6, s. 66.
Limitation period
32. (1) A prosecution for a summary conviction offence under this Act may be instituted at any time within two
years after the time the subject-matter of the prosecution becomes known to the Minister or, in the case of a
contravention of a provision of the Act that relates to food, to the Minister of Agriculture and Agri-Food.
Minister’s certificate
(2) A document purporting to have been issued by the Minister referred to in subsection (1), certifying the day on
which the subject-matter of any prosecution became known to the Minister, is admissible in evidence without proof
of the signature or official character of the person appearing to have signed the document and is evidence of the
matters asserted in it.
Venue
33. A prosecution for a contravention of this Act or the regulations may be instituted, heard, tried or determined in
the place in which the offence was committed or the subject-matter of the prosecution arose or in any place in which
the accused is apprehended or happens to be.
Want of knowledge
34. (1) Subject to subsection (2), in a prosecution for the sale of any article in contravention of this Act, except Parts
III and IV, or of the regulations made under this Part, if the accused proves to the satisfaction of the court or judge
that
(a) the accused purchased the article from another person in packaged form and sold it in the same package and in
the same condition the article was in at the time it was so purchased, and
(b) that the accused could not with reasonable diligence have ascertained that the sale of the article would be in
contravention of this Act or the regulations,
the accused shall be acquitted.
(2) Subsection (1) does not apply in any prosecution unless the accused, at least ten days before the day fixed for the
trial, has given to the prosecutor notice in writing that the accused intends to avail himself of the provisions of
subsection (1) and has disclosed to the prosecutor the name and address of the person from whom the accused
purchased the article and the date of purchase.
Certificate of analyst
35. (1) Subject to this section, in any prosecution for an offence under section 31, a certificate purporting to be
signed by an analyst and stating that an article, sample or substance has been submitted to, and analysed or
examined by, the analyst and stating the results of the analysis or examination is admissible in evidence and, in the
absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the
signature or official character of the person appearing to have signed it.
(2) The party against whom a certificate of an analyst is produced pursuant to subsection (1) may, with leave of the
court, require the attendance of the analyst for the purposes of cross-examination.
(3) No certificate shall be admitted in evidence pursuant to subsection (1) unless, before the trial, the party intending
to produce the certificate has given reasonable notice of that intention, together with a copy of the certificate, to the
party against whom it is intended to be produced.
Proof of service
(4) For the purposes of this Act, service of any certificate referred to in subsection (1) may be proved by oral
evidence given under oath by, or by the affidavit or solemn declaration of, the person claiming to have served it.
(5) Notwithstanding subsection (4), the court may require the person who appears to have signed an affidavit or
solemn declaration referred to in that subsection to appear before it for examination or cross-examination in respect
of the issue of proof of service.
R.S., 1985, c. F-27, s. 35; R.S., 1985, c. 27 (1st Supp.), s. 192; 1996, c. 19, s. 78.
36. (1) In a prosecution for a contravention of this Act or of the regulations made under this Part, proof that a
package containing any article to which this Act or the regulations apply bore a name or address purporting to be the
name or address of the person by whom it was manufactured or packaged is, in the absence of evidence to the
contrary, proof that the article was manufactured or packaged, as the case may be, by the person whose name or
address appeared on the package.
(3) In a prosecution for a contravention described in subsection (1), a copy of a record or an extract therefrom
certified to be a true copy by the inspector who made it pursuant to paragraph 23(1)(c) is admissible in evidence and
is, in the absence of evidence to the contrary, proof of its contents.
(4) Where a person is prosecuted under this Part for having manufactured an adulterated food or drug for sale, and it
is established that the person had in his possession or on his premises any substance the addition of which to that
food or drug has been declared by regulation to cause the adulteration of the food or drug, the onus of proving that
the food or drug was not adulterated by the addition of that substance lies on the accused.
Exports
37. (1) This Act does not apply to any packaged food, drug, cosmetic or device, not manufactured for consumption
in Canada and not sold for consumption in Canada, if the package is marked in distinct overprinting with the word
“Export” or “Exportation” and a certificate that the package and its contents do not contravene any known
requirement of the law of the country to which it is or is about to be consigned has been issued in respect of the
package and its contents in prescribed form and manner.
(2) Despite subsection (1), this Act applies in respect of any drug or device to be manufactured for the purpose of
being exported in accordance with the General Council Decision, as defined in subsection 30(6), and the
requirements of the Act and the regulations apply to the drug or device as though it were a drug or device to be
manufactured and sold for consumption in Canada, unless the regulations provide otherwise.
R.S., 1985, c. F-27, s. 37; 1993, c. 34, s. 73; 1996, c. 19, s. 80; 2004, c. 23, s. 3.
Previous Version
SCHEDULE A
(Section 3)
Acute alcoholism
Alcoolisme aigu
Acute anxiety state
Appendicitis
Appendicite
Arteriosclerosis
Artériosclérose
Asthma
Asthme
Cancer
Cancer
Convulsions
Convulsions
Dementia
Démence
Depression
Dépression
Diabetes
Diabète
Gangrene
Gangrène
Glaucoma
Glaucome
Hepatitis
Hépatite
Hypertension
Hypertension
Obesity
Obésité
Rheumatic fever
Septicemia
Septicémie
Strangulated hernia
Hernie étranglée
Thrombotic and Embolic disorders
Thyroid disease
R.S., 1985, c. F-27, Sch. A; SOR/88-252; SOR/89-503; SOR/90-655; SOR/92-198; SOR/94-287; SOR/99-413, 414;
SOR/2007-289, ss. 1, 2.
Previous Version
SCHEDULE B
(Section 10)
The most recent editions, including all errata, supplements, revisions and addenda, of the following standards:
Column I Column II
Item Name Abbreviation
R.S., 1985, c. F-27, Sch. B; SOR/85-276; SOR/89-315; SOR/90-160; SOR/94-288; SOR/95-530, s. 2; SOR/96-96.
SCHEDULE C
(Section 12)
Drugs, other than radionuclides, sold or represented for use in the preparation of radiopharmaceuticals
Drogues...
Radiopharmaceuticals
SCHEDULE D
(Section 12)
Allergenic substances used for the treatment or diagnosis of allergic or immunological diseases
Substances...
Aprotinin
Aprotinine
Blood and blood derivatives, except cord blood and peripheral blood that are a source of lymphohematopoietic cells
for transplantation
Cholecystokinin
Cholécystokinine
Drogues obtenues...
Drogues, sauf...
Glucagon
Glucagon
Gonadotrophins
Gonadotrophines
Plasma...
Immunizing agents
Agents immunisants
Insulin
Insuline
Interferon
Interféron
Secretin
Sécrétine
Snake Venom
Venin de serpent
Urokinase
Urokinase
Previous Version
SCHEDULE E
(Section 13)
SCHEDULE F
(Section 15)
SCHEDULES G AND H
RELATED PROVISIONS
208. Nothing in sections 190, 195, 199 and 200 of this Act shall be construed as rendering invalid or
inadmissible in any proceedings any evidence obtained by the exercise of a writ of assistance prior to the
coming into force of those sections.
• — 1997, c. 6, s. 66(2)
Transitional
(2) For greater certainty, the two year limitation period provided for in subsection 32(1) of the Act, as
amended by subsection (1), only applies in respect of offences committed after the coming into force of
that subsection.
• — 2005, c. 42, s. 4
Deeming provision
4. A Notice of Interim Marketing Authorization that is issued under the Food and Drug Regulations before
the day on which this section comes into force, in respect of any matter referred to in subsection 30.2(2) of
the Food and Drugs Act, as enacted by section 3 of this Act, and that is in effect on the day on which this
section comes into force, is deemed to be an interim marketing authorization issued under subsection
30.2(1) of that Act.
5. (1) The maximum residue limit established for an agricultural chemical and its derivatives under the
Food and Drug Regulations, as those regulations read immediately before the coming into force of this
subsection, is deemed, if the agricultural chemical is a pest control product as defined in subsection 2(1) of
the Pest Control Products Act, chapter 28 of the Statutes of Canada, 2002, to have been specified by the
Minister under section 9 or 10 of that Act as the maximum residue limit for that agricultural chemical and
its derivatives.
CUSTOMS TARIFF - SCHEDULE
II - 1
Section II
VEGETABLE PRODUCTS
Note.
1. In this Section the term "pellets" means products which have been agglomerated either directly by compression or by the
addition of a binder in a proportion not exceeding 3% by weight.
Chapter 9
Notes.
(a) Mixtures of two or more of the products of the same heading are to be classified in that heading;
(b) Mixtures of two or more of the products of different headings are to be classified in heading 09.10.
The addition of other substances to the products of headings 09.04 to 09.10 (or to the mixtures referred to in paragraph
(a) or (b) above) shall not affect their classification provided the resulting mixtures retain the essential character of the goods
of those headings. Otherwise such mixtures are not classified in this Chapter; those constituting mixed condiments or mixed
seasonings are classified in heading 21.03.
2. This Chapter does not cover Cubeb pepper (Piper cubeba) or other products of heading 12.11.
09.01 Coffee, whether or not roasted or decaffeinated; coffee husks and skins;
coffee substitutes containing coffee in any proportion.
-Coffee, roasted:
0902.10.10 - - -In bags for individual servings Free CCCT, LDCT, GPT, UST,
MT, CT, CRT, IT, NT,
SLT, PT, COLT, JT: Free
10 - - - - -Certified organic ..................................................................................... KGM
20 - - - - -Not certified organic ............................................................................... KGM
0902.20.00 -Other green tea (not fermented) Free CCCT, LDCT, GPT, UST,
MT, CT, CRT, IT, NT,
SLT, PT, COLT, JT: Free
10 - - - - -Certified organic ..................................................................................... KGM
0902.30 -Black tea (fermented) and partly fermented tea, in immediate packings
of a content not exceeding 3 kg
0902.30.10 - - -In bags for individual servings Free CCCT, LDCT, GPT, UST,
MT, CT, CRT, IT, NT,
SLT, PT, COLT, JT: Free
- - - - -Not decaffeinated:
11 - - - - - -Certified organic ................................................................................... KGM
12 - - - - - -Not certified organic ............................................................................. KGM
20 - - - - -Decaffeinated ......................................................................................... KGM
0902.40.00 -Other black tea (fermented) and other partly fermented tea Free CCCT, LDCT, GPT, UST,
MT, CT, CRT, IT, NT,
SLT, PT, COLT, JT: Free
10 - - - - -Not decaffeinated ................................................................................... KGM
20 - - - - -Decaffeinated ......................................................................................... KGM
09.04 Pepper of the genus Piper; dried or crushed or ground fruits of the
genus Capsicum or of the genus Pimenta.
-Pepper:
0904.11.00 00 - -Neither crushed nor ground KGM Free CCCT, LDCT, GPT, UST,
MT, CIAT, CT, CRT, IT,
PT, COLT, JT: Free
0904.21.00 00 - -Dried, neither crushed nor ground KGM Free CCCT, LDCT, GPT, UST,
MT, CIAT, CT, CRT, IT,
SLT, PT, COLT, JT: Free
0904.22.10 - - -Chili peppers and paprikas Free CCCT, LDCT, GPT, UST,
MT, CIAT, CT, CRT, IT,
SLT, PT, COLT, JT: Free
10 - - - - -Chili peppers........................................................................................... KGM
09.05 Vanilla.
0905.10.00 00 -Neither crushed nor ground KGM Free CCCT, LDCT, GPT, UST,
MT, CT, CRT, IT, PT,
COLT, JT: Free
0906.11.00 00 - -Cinnamon (Cinnamomum zeylanicum Blume) KGM Free CCCT, LDCT, GPT, UST,
MT, CT, CRT, IT, PT,
COLT, JT: Free
0907.10.00 00 -Neither crushed nor ground KGM Free CCCT, LDCT, GPT, UST,
MT, CT, CRT, IT, SLT,
PT, COLT, JT: Free
-Nutmeg:
0908.11.00 00 - -Neither crushed nor ground KGM Free CCCT, LDCT, GPT, UST,
MT, CT, CRT, IT, PT,
COLT, JT: Free
-Mace:
-Cardamoms:
0908.31.00 00 - -Neither crushed nor ground KGM Free CCCT, LDCT, GPT, UST,
MT, CT, CRT, IT, PT,
COLT, JT: Free
-Seeds of coriander:
0909.21.00 00 - -Neither crushed nor ground KGM Free CCCT, LDCT, GPT, UST,
MT, CT, CRT, IT, PT,
COLT, JT: Free
-Seeds of cumin:
0909.31.00 00 - -Neither crushed nor ground KGM Free CCCT, LDCT, GPT, UST,
MT, CT, CRT, IT, PT,
COLT, JT: Free
0909.61.00 00 - -Neither crushed nor ground KGM Free CCCT, LDCT, GPT, UST,
MT, CT, CRT, IT, PT,
COLT, JT: Free
09.10 Ginger, saffron, turmeric (curcuma), thyme, bay leaves, curry and other
spices.
-Ginger:
-Other spices:
- - -Other:
0910.91.91 00 - - - -Neither crushed nor ground KGM Free CCCT, LDCT, GPT, UST,
MT, CIAT, CT, CRT, IT,
PT, COLT, JT: Free
0910.99 - -Other
Commercial Vessel
Authorized marine site where commercial vessels other than ferry boats or cruise ships
report to CBSA.
British Columbia
• Aero Trading
• Agricore
• Alcan
• Allied Shipyards
• AMIX Salvage and Sales Limited
• Annacis Auto Terminal
• Bella Coola Fish
• Berry Point
• BNR Docks
• Brownsville Tie Up
• Burrards Products Terminal (Petro Canada)
• Campbell River Coast Marina
• Campbell River, Discovery Harbour Marina
• Canadian Fishing Company
• Canfisco
• Canfisco Plant
• Cape Beale
• Cascadia
• Centerm
• Chemainus Wharves
• Constance Bank Anchorage
• Cowichan Bay Anchorage
• Cowichan Bay Dock
• Crofton Mill
• Delta Marina
• Deltaport
• Domtar Inc.
• Duke Point
• English Bay Anchorages #1-17
• Esquimalt Dock
• Esquimalt Harbour Anchorage
• Eurocan
• Fairview Terminal
• Fiberco Export
• Fraser Shipyards and Industrial Centre Ltd.
• Fraser Surrey Dock
• Fraser Wharves
• Gold River
• Granville Island Marina
Foreshore Projects
• Gunderson Slough
• Harbour Green Dock (Coal Harbour Marina)
• Harmac
• Houston Passage
• Howe Sound Logs Boom Tie Up
• Howe Sound Pulp and Paper
• Indian Arm Anchorages
• Ioco Refinery
• Island Tug and Barge
• JJM Group
• JRI International
• Kitimat Harbour
• Ladysmith Harbour
• Lafarge - Coquitlam
• Lafarge Richmond
• Lehigh Northwest Cement
• Lynnterm
• Lynnterm East Berth 37 (Dow Chemicals)
• Mayne Bay
• McTar Petroleum Co.-Salt Dock
• Methanex
• Nanaimo Assembly Wharves
• Nanaimo Boat Basin - E Dock
• Navy Bouys
• Neptune Bulk Terminals
• Nexan Inc.
• North Sea Products
• Ocean Fisheries Ltd.
• Ogden Point - Pier A and B
• Pacific Coast Bulk Terminals
• Pacific Grain Terminals
• Plumper Sound Anchorage
• Point Grey Tie Ups
• Port Alberni Harbour Terminals
• Port Alice
• Prince Rupert Harbour
Anchorages, A,B,C,D,V and E
• Prince Rupert, PRG#2
• Prince Rupert-Fairview Govt. Dock
• Pylades Channel
• Ridley Island Terminal
• Roger's Sugar
• Roger's Sugar (Chatterton Petro Chemical Corp.)
• Royal Fisheries
• Royal Roads Anchorage
• Saskatchewan Wheat Pool
• Seaspan Log Barges
• Senanus Island
• Shellburn Terminals
• Squamish Terminals
• Stanovan Terminal
• Steveston Harbour Authority
• Tahsis
• Telegraph Creek
• Territory Seafoods
• Tom-Mac Shipyards
• Toquart Bay
• Trans Mountain Pipelines Company Ltd, Westbridge Terminals
• Trincomali Channel
• Twin Creeks
• Vancouver Cruise Ship Operations
• Vancouver Dry Dock
• Vancouver Inner Harbour
• Vancouver Main Street Dock
• Vancouver Shipyard
• Vancouver Wharves
• Vanterm (includes West Coast Reduction)
• Versatile Pacific Shipyards Inc.
• WATERFRONT AND WAREHOUSE OPERATIONS
• Watson Island
• Westminster Marine Services
• Westshore Terminals Ltd.
• Woodfiber Pulpmill
Manitoba
• CHURCHILL
New Brunswick
• BATHURST
• Belledune
• CAMPOBELLO
• DEER ISLAND POINT
• GRAND MANAN
• SAINT JOHN
Northwest Territories
• TUKTOYAKTUK
Nova Scotia
• Canso
• Cape Sable Island
• Halifax Marine and Enforcement
• Liverpool Government Wharf-Brooklyn Marina
• Louisbourg
• Lunenburg Government Wharf
• Port Bickerton
• SYDNEY
• West Head/Clark's Harbour
• Yarmouth Ferry Terminal
Ontario
• ADM-AGRI Industries
• ADM-UCO Granco
• Agricore
• Algoma Steel Commercial Dock
• BARRIE
• Birch Island
• Britt (C.P.R.) Bulk Fuel Only
• Canada Malting
• Canadian Salt
• Cargill
• Cargo Dockers Ltd
• Courtright
• Fisher Harbour
• General Chemicals
• Goderich Harbour
• Great West Timber
• Hamilton Harbour
• Heron Bay-Lafarge
• Imperial Oil
• JRI
• Keefer Terminal
• Kingsville Dock and Coal Company
• Lafarge Quarry
• Lake Ontario Cement
• Lanxess
• Lock I Port Weller
• Marathon Pulp
• Meldrum Bay (Manitoulin Island)
• Midland Town Dock
• Omstead
• Ontario Hydro Dock (Nanticoke)
• Oshawa East and West Docks
• Owen Sound Town Dock
• Parrish and Heimbecker
• Parry Sound Town Docks
• Pascol Engineering
• Petro Canada Dock - Bronte
• Petro Canada Dock (Clarkson)
• Port Colborne (Welland Canal)
• Port Dover Harbour
• Port Maitland Harbour
• Port of Prescott
Corp. of the Township of Edwardsburg
• Port Robinson (Welland Canal)
• Port Weller (Welland Canal)
• PRESCOTT
• Prescott Town Dock
• Redpaths berths 291 and 293
• Reid Aggregate
• Sarnia Government Dock
• Shell
• St. Lawrence Cement (Cargo only)
• Stelco Docks (Nanticoke)
• Stone Dock
• Sun Oil
• Thorold (Welland Canal)
• Thunder Bay Marine Services
• Thunder Bay Terminals
• Toronto Harbour Pier 27
• Toronto Harbour Piers 51 and 52, Queen Elizabeth Dock
• Toronto Harbour-Pier 35
• UGG
• Universal Terminals - Cornwall Wharf
• Valley Camp
• Viterra A, B and C
• Welland (Welland Canal)
• Western Grain By-Products Storage Ltd.
• Wheatley Harbour Authority
• Whitefish River (Cement only)
Quebec
• Alcoa
• Aluminerie Alouette
• Bécancour
• CAP-AUX-MEULES
• Cargill
• GASPE
• Gros Cacouna Wharf
• La Baie
• Matane
• Matane
• MONTREAL MARINE AND RAIL SERVICES (Tellier)
• QUEBEC
• Rimouski Wharf
• SOREL
• TROIS-RIVIÈRES
• Wabush
Yukon
• WHITEHORSE
Directory of CBSA Offices
Airport of Entry/Commercial
Airport of entry solely for the processing of commercial goods arriving by air transport.
British Columbia
• Vancouver International Airport Commercial Operations
Office Number
Manitoba
• Winnipeg James Armstrong Richardson International Airport
Commercial Section
Office Number
Ontario
• LONDON INTERNATIONAL AIRPORT
District Ottawa
Reports To Office
Office Number
Reports To Office
Lampiran-6
An Act to regulate the marketing of agricultural products in import, export and interprovincial trade and to
provide for national standards and grades of agricultural products, for their inspection and grading, for the
registration of establishments and for standards governing establishments
SHORT TITLE
Short title
INTERPRETATION
Definitions
2. In this Act,
“advertisement”
« promotion »
“advertisement” means anything that directly or indirectly promotes the sale or other distribution of agricultural
products;
“agricultural product”
« produit agricole »
(b) a product, including any food or drink, wholly or partly derived from an animal or a plant, or
« estampille »
“analyst”
« analyste »
“Board”
« Conseil »
“container”
« contenant »
“container” means a receptacle, package, wrapper or confining band used or to be used in connection with an
agricultural product;
“convey”
« acheminement »
“convey” means, in respect of an agricultural product, sending or transporting the agricultural product;
“dealer”
« marchand »
(b) negotiates consignments, sales, purchases or other transactions involving agricultural products,
“establishment”
« établissement »
“grade name”
« nom de catégorie »
“grade name” means a prescribed name, mark or designation of a category and includes a standard prescribed for an
agricultural product;
“grader”
« classificateur »
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“inspector”
« inspecteur »
“label”
« étiquetage »
“label” means a label, legend, word, mark, symbol, design, imprint, stamp, brand, ticket or tag or any combination
thereof that is, or is to be, applied or attached to an agricultural product or a container or that accompanies or is to
accompany the product or container;
“marketing”
« commercialisation »
“marketing” means the preparation and advertisement of agricultural products and includes the conveyance,
purchase and sale of agricultural products and any other act necessary to make agricultural products available for
consumption or use;
“Minister”
« ministre »
“penalty”
« sanction »
“penalty” means an administrative monetary penalty imposed under the Agriculture and Agri-Food Administrative
Monetary Penalties Act for a violation;
“person”
« personne »
“place”
« lieu »
“preparation”
« conditionnement »
“preparation” includes, in respect of an agricultural product, processing, slaughtering, storing, inspecting, grading,
packing, assembling, pricing, marking and labelling;
“prescribed”
“sell”
« vente »
“sell” includes
(a) agreeing to sell or offering, keeping, exposing, transmitting, conveying or delivering for sale,
“Tribunal”
« Commission »
“violation”
« violation »
“violation” means any contravention of this Act or the regulations that may be proceeded with in accordance with
the Agriculture and Agri-Food Administrative Monetary Penalties Act.
R.S., 1985, c. 20 (4th Supp.), s. 2; 1994, c. 38, s. 25; 1995, c. 40, s. 27; 1997, c. 6, s. 38.
HER MAJESTY
4. (1) The Board of Arbitration, consisting of such members as are appointed by the Minister, one of whom shall be
appointed as Chairperson and one as Vice-Chairperson, is hereby continued.
Tenure
(2) Each member shall be appointed for a term of not more than five years and shall hold office during good
behaviour, but may be removed by the Minister for cause.
Re-appointment
(3) Each member may be re-appointed as a member in the same or another capacity.
4.1 (1) The Review Tribunal, consisting of such members as are appointed by the Governor in Council, one of
whom shall be appointed as Chairperson, is hereby continued.
Qualifications
(2) A person is not eligible to be appointed a member of the Tribunal unless the person is knowledgeable about or
has experience related to agriculture or agri-food and the Chairperson of the Tribunal and at least one other member
of the Tribunal must, in addition, be a barrister or advocate of at least ten years standing at the bar of any province or
a notary of at least ten years standing at the Chambre des notaires du Québec.
Membership
(3) The Chairperson of the Tribunal shall be appointed as a full-time member and the other members shall be
appointed as either full-time members or part-time members of the Tribunal.
Tenure
(4) Each member of the Tribunal shall be appointed for a term of not more than five years and shall hold office
during good behaviour, but may be removed by the Governor in Council for cause.
Re-appointment
(5) Each member of the Tribunal may be re-appointed as a member in the same or another capacity.
4.2 (1) A member of the Tribunal may not be a person employed in the federal public administration.
Conflict of interest
(2) A member of the Tribunal shall not accept or hold any office or employment that is inconsistent with the
member’s duties or take part in any matter before the Tribunal in which the member has an interest.
Previous Version
Contractual assistance
4.3 The Board or the Tribunal may, for specific projects, enter into contracts for the services of persons having
technical or specialized knowledge of any matter relating to the work of the Board or Tribunal to advise and assist it
in the exercise of its powers or the performance of its duties and functions under this Act.
Consultations
4.4 The members of the Board or the members of the Tribunal may consult with other members of the Board or
Tribunal, as the case may be, in respect of any matter before it.
5. (1) Where a member of the Board is absent or unable to act or the member’s position becomes vacant, the
Minister may appoint a person to act in the member’s place and, in the case of the Chairperson of the Board, the
Vice-Chairperson of the Board shall act as Chairperson pending the appointment of a replacement.
(2) Where the Chairperson of the Tribunal is absent or unable to act or the Chairperson’s position becomes vacant,
the members of the Tribunal shall designate a member of the Tribunal with the legal qualifications described in
subsection 4.1(2) to act as Chairperson pending the appointment of a replacement.
Duties of Chairpersons
(3) The Chairperson of the Board and the Chairperson of the Tribunal are the chief executive officers of the Board
and the Tribunal, respectively, and shall apportion work among their members.
Head offices
6. (1) The head offices of the Board and the Tribunal shall be in the National Capital Region, as described in the
schedule to the National Capital Act.
Meetings
(2) The Board may sit at such places in Canada as it considers appropriate and the Tribunal may sit at such places in
Canada as may be specified by the Governor in Council.
Quorum
(4) The Minister may provide the Board and the Tribunal with such officers and employees from within the federal
public administration and such facilities and professional advisers as are necessary for the proper conduct of the
business of the Board and the Tribunal.
R.S., 1985, c. 20 (4th Supp.), s. 6; 1995, c. 40, s. 30; 2003, c. 22, s. 224(E).
Previous Version
(a) an amount fixed by the Treasury Board for each day or part of a day that the member is performing duties under
this Act unless the member is employed in the federal public administration; and
(b) reasonable travel and living expenses incurred by the member in the course of the member’s duties under this
Act.
R.S., 1985, c. 20 (4th Supp.), s. 7; 1995, c. 40, s. 31; 2003, c. 22, s. 224(E).
Previous Version
Remuneration — Tribunal
7.1 (1) Each full-time member of the Tribunal shall be paid such salary as is fixed by the Governor in Council and
each part-time member of the Tribunal is entitled to be paid such fees or other remuneration for that member’s
services as may be fixed by the Governor in Council.
(2) Each member of the Tribunal is entitled to be paid reasonable travel and living expenses incurred by the member
in the course of the member’s duties under this Act.
Courts of record
8. (1) The Board and the Tribunal are courts of record and each shall have an official seal that shall be judicially
noticed.
(2) In addition to the powers conferred by subsection (1), the Board and the Tribunal each have, with respect to the
appearance, swearing and examination of witnesses, the production and inspection of documents, the enforcement of
their orders and other matters necessary or proper for the due exercise of their jurisdiction, all such powers, rights
and privileges as are vested in a superior court of record and, without limiting the generality of the foregoing, the
Board and the Tribunal may each
(i) to appear at the time and place stated in the summons to testify to all matters within the person’s knowledge
relative to any subject-matter before the Board or the Tribunal, as the case may be, and
(ii) to bring and produce any document, book or paper in the person’s possession or under the person’s control
relative to that subject-matter;
(c) during a hearing, receive such evidence as they consider relevant and trustworthy.
Rules
(3) The Board and, subject to the Agriculture and Agri-Food Administrative Monetary Penalties Act, the Tribunal
may, with the approval of the Governor in Council, each make rules governing
(b) the time and manner in which applications and notices must be made or given; and
(c) the work of the Board or the Tribunal, as the case may be.
(4) Neither the Board nor the Tribunal is bound by any legal or technical rules of evidence in conducting any matter
that comes before it, and each shall deal with matters that come before it as informally and expeditiously as the
circumstances and considerations of fairness and natural justice permit.
(5) Neither the Board nor the Tribunal shall receive or accept as evidence anything that would be inadmissible in a
court by reason of any privilege under the law of evidence.
9. (1) A dealer may, within the prescribed time, file with the Board a written complaint against a dealer licensed
under this Act for failure to comply with the regulations relating to grades, standards or marketing of prescribed
agricultural products in import, export or interprovincial trade.
(a) where it finds that the complaint is not well founded, the Board shall dismiss it;
(b) where it finds that the complaint is well founded, the Board shall make such order as it considers will provide
adequate relief from the activity complained of, including, if necessary, an order for the payment of compensation
and interest; and
(c) the Board shall give reasons for its decision where reasons are requested by any party to the proceedings.
REVIEW
10. (1) A party to any complaint proceedings may apply to the Tribunal for a review of the decision of the Board in
accordance with subsection (1.1), and the application shall be brought within thirty days after the Board made the
decision or within such longer period as the Tribunal may allow, either before or after the expiration of the thirty
days.
Nature of review
(1.1) A review referred to in subsection (1) shall be based on the record of the Board’s proceedings and on the
grounds of fairness, natural justice or error of law, but the Tribunal may hear evidence not previously available if it
deems it necessary for the purposes of the review.
Disposition of review
(2) After concluding a review referred to in subsection (1), the Tribunal may, by order, confirm the decision, make
the decision that the Board should have made or direct that the Board re-hear the matter, and the Tribunal shall, in
accordance with its rules, notify the parties of any order under this subsection.
11. (1) Subject to subsection (3), any person affected by a decision or order of the Board made under subsection
9(2), if it is final, or a decision or order of the Tribunal made under subsection 10(2), may file in the Federal Court
for immediate registration a copy of the decision or order, exclusive of any reasons given for it, but the decision or
order shall not be filed until at least thirty days after the day on which the decision or order was made.
Effect of filing
(2) On filing in the Federal Court, a decision or order shall be registered in that Court and, when registered, it shall
have the same force and effect, and all proceedings may be taken, as if the decision or order were a judgment
obtained in that Court.
Staying filing
(3) The Tribunal may make an order staying the filing in the Federal Court of any order pending its review by the
Tribunal.
Definition
(4) In subsection (1), the expression “order of the Board” includes an order as varied by the Tribunal, but does not
include an order made by a decision that has been cancelled by the Tribunal.
Exclusive jurisdiction
12. (1) The Board has sole and exclusive jurisdiction to hear and determine all questions of fact or law in relation to
any matter over which the Board is given jurisdiction by section 9, and the Tribunal has sole and exclusive
jurisdiction to hear and determine all questions of fact or law in relation to any matter over which the Tribunal is
given jurisdiction by this Act and the Agriculture and Agri-Food Administrative Monetary Penalties Act.
(2) Subject to section 10, a decision or order of the Board and a decision or order of the Tribunal may only be
reviewed under the Federal Courts Act.
R.S., 1985, c. 20 (4th Supp.), s. 12; 1990, c. 8, s. 42; 1995, c. 40, s. 36; 2002, c. 8, s. 182.
Previous Version
Chairperson
12.1 (1) The jurisdiction of the Tribunal in relation to the following matters shall be exercised by the Chairperson of
the Tribunal:
(b) requests under subsection 8(1) or 12(2) of the Agriculture and Agri-Food Administrative Monetary Penalties Act
for a review in respect of a notice of violation that contains a warning; and
(c) requests under paragraph 9(3)(c) or subsection 13(2) of that Act for a review in respect of a notice of violation
that sets out a penalty of less than $2,000.
(2) The jurisdiction of the Tribunal in relation to a matter referred to in subsection (1) may be exercised, where the
Chairperson of the Tribunal so directs, by any member of the Tribunal with the legal qualifications described in
subsection 4.1(2).
12.2 Reviews by the Tribunal under the Agriculture and Agri-Food Administrative Monetary Penalties Act shall be
heard by a single member of the Tribunal.
Registered establishments
13. It shall be a condition of the registration and operation of an establishment as a registered establishment under
this Act that the establishment and all agricultural products in it are subject to this Act and the regulations.
Accredited laboratories
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14. For the purpose of administering this Act and the regulations, the Minister may designate as an accredited
laboratory all or part of any building or place set aside and used for conducting research or carrying out inspections,
grading, testing, analyses or experiments in science or used for the manufacture of chemical or biological products.
NATIONAL TRADE-MARKS
National trade-marks
15. Every agricultural product legend and every grade name is a national trade-mark and the exclusive property in
the trade-mark and, subject to this Act, the right to the use of the trade-mark are hereby vested in Her Majesty in
right of Canada.
(a) apply or use a legend, word, mark, symbol or design or any combination thereof that resembles an agricultural
product legend or a grade name; or
(b) market, or possess for the purpose of marketing, an agricultural product to which there is applied or in
connection with which there is used a legend, word, mark, symbol or design or any combination thereof that
resembles an agricultural product legend or a grade name.
Prohibition
17. No person shall, except in accordance with this Act or the regulations,
(b) possess an agricultural product for the purpose of marketing it in import, export or interprovincial trade; or
(c) possess an agricultural product that has been marketed in contravention of this Act or the regulations.
Presumption
18. In any proceedings for a contravention of section 16 or 17, a person found in possession of an agricultural
product in a quantity greater than is ordinarily necessary for a person’s own consumption shall be deemed, in the
absence of evidence to the contrary, to have been in possession of the product for the purpose of marketing it.
ADMINISTRATIVE OFFICERS
Designation
19. (1) The President of the Canadian Food Inspection Agency may designate inspectors, analysts and graders under
section 13 of the Canadian Food Inspection Agency Act for the purposes of this Act.
Designation
(1.1) The President of the Canada Border Services Agency may designate inspectors under paragraph 9(2)(b) of the
Canada Border Services Agency Act for the purposes of enforcing this Act.
Certificate to be produced
(2) Inspectors shall be given certificates in a form established by the President of the Canadian Food Inspection
Agency or the President of the Canada Border Services Agency, as the case may be, attesting to their designation
and, on entering any place under this Act, an inspector shall show the certificate to the person in charge of the place
on request.
(4) No person shall obstruct or hinder, or make any false or misleading statement either orally or in writing to, an
inspector, analyst or grader who is carrying out duties or functions under this Act or the regulations.
Interference
(5) Except as authorized by an inspector, no person shall remove, alter or interfere in any way with a thing seized or
detained under this Act or the regulations.
R.S., 1985, c. 20 (4th Supp.), s. 19; 1997, c. 6, s. 39; 2005, c. 38, s. 33.
Previous Version
20. The Minister may designate methods and equipment to be used by inspectors, analysts and graders in carrying
out duties and functions under this Act or the regulations.
INSPECTION
Powers of inspectors
21. (1) For the purpose of ensuring compliance with this Act and the regulations, an inspector may, subject to
section 22, enter and inspect any place, or stop any vehicle, in which the inspector believes on reasonable grounds
there is any agricultural product or other thing in respect of which this Act or the regulations apply, and the inspector
may
(a) open any container that the inspector believes on reasonable grounds contains an agricultural product;
(b) inspect any agricultural product or other thing and take samples of it free of charge; and
(c) require any person to produce for inspection or copying, in whole or in part, any record or other document that
the inspector believes on reasonable grounds contains any information relevant to the administration of this Act or
the regulations.
(a) use or cause to be used any data processing system at the place to examine any data contained in or available to
the data processing system;
(b) reproduce any record or cause it to be reproduced from the data in the form of a printout or other intelligible
output and take the printout or other output for examination or copying; and
(c) use or cause to be used any copying equipment at the place to make copies of any record or other document.
Assistance to inspectors
(3) The owner or person in charge of a place referred to in subsection (1) and every person found in that place shall
give the inspector all reasonable assistance to enable the inspector to carry out the inspector’s duties and functions
under this Act and shall furnish the inspector with such information with respect to the administration of this Act or
the regulations as the inspector may reasonably require.
22. (1) An inspector may not enter a dwelling-place except with the consent of the occupant of the dwelling-place or
under the authority of a warrant issued under subsection (2).
(a) the conditions for entry described in section 21 exist in relation to a dwelling-place,
(b) entry to the dwelling-place is necessary for any purpose relating to the administration of this Act or the
regulations, and
(c) entry to the dwelling-place has been refused or that there are reasonable grounds for believing that entry will be
refused,
the justice may issue a warrant authorizing the inspector named in the warrant to enter the dwelling-place subject to
such conditions as may be specified in the warrant.
Use of force
(3) An inspector who executes a warrant issued under subsection (2) shall not use force unless the inspector is
accompanied by a peace officer and the use of force has been specifically authorized in the warrant.
(4) A peace officer shall provide such assistance as an inspector may request for the purpose of enforcing this Act or
the regulations.
Seizure
23. Where an inspector believes on reasonable grounds that this Act or the regulations have been contravened, the
inspector may seize and detain any agricultural product or other thing
(a) by means of or in relation to which the inspector believes on reasonable grounds the contravention occurred; or
(b) that the inspector believes on reasonable grounds will afford evidence in respect of a contravention of this Act or
the regulations.
SEARCH
Warrant
24. (1) Where on ex parte application a justice is satisfied by information on oath that there are reasonable grounds
to believe that there is in any place an agricultural product, record, document or other thing
(a) by means of or in relation to which this Act or the regulations have been contravened or are suspected of having
been contravened, or
(b) that there are reasonable grounds to believe will afford evidence in respect of a contravention of this Act or the
regulations,
the justice may at any time issue a warrant authorizing an inspector to enter and search the place for the agricultural
product, record, document or thing and to seize it.
(2) An inspector who executes a warrant issued under subsection (1) may exercise the powers described in section
21 and may seize, in addition to any thing mentioned in the warrant, any agricultural product or other thing
(a) by means of or in relation to which the inspector believes on reasonable grounds that this Act or the regulations
have been contravened; or
(b) that the inspector believes on reasonable grounds will afford evidence in respect of a contravention of this Act or
the regulations.
(3) A warrant issued under subsection (1) shall be executed by day unless the justice authorizes its execution by
night.
(4) An inspector may exercise any of the powers referred to in subsections (1) and (2) without a warrant if the
conditions for obtaining a warrant exist but by reason of exigent circumstances it would not be practical to obtain a
warrant.
25. (1) A thing seized and detained under this Act may be stored by an inspector, or by any person designated by an
inspector, in the place where it was seized or may, at the inspector’s discretion, be removed to any other place for
storage and the costs of storage or removal shall be paid by the owner of the thing or by the person who was in
possession of it at the time of its seizure.
(2) An inspector who seizes a perishable agricultural product under this Act may dispose of or destroy the product
and any proceeds realized from its disposition shall be paid to the Receiver General.
26. In proceedings for a violation the Tribunal may, and in proceedings for an offence under this Act the court in
which the proceedings are or may be brought may, with the consent of the Minister, order redelivery of a thing
seized under this Act, or delivery of any proceeds realized from its disposition under section 25, to the person from
whom the thing was seized if security is given to the Minister in an amount and form satisfactory to the Minister.
Detention
27. (1) A thing seized under this Act, or the proceeds realized from its disposition under section 25, shall not be
detained after
(a) an inspector determines that the thing is in conformity with the provisions of this Act and the regulations, or
(b) the expiration of one hundred and eighty days after the day of its seizure, or such longer period as may be
prescribed,
unless before that time proceedings are instituted in relation to the thing seized, in which case it may be detained
until the proceedings are finally concluded.
(2) Subject to subsection 28(2), where proceedings are instituted in accordance with subsection (1) in respect of a
thing seized, other than an agricultural product bearing an agricultural product legend or a grade name, the owner of
the thing or the person in possession of it at the time of its seizure may apply
(b) in the case of an offence, to the court before which the proceedings are being held,
Order
(3) Where the Tribunal or court, as the case may be, is satisfied that sufficient evidence exists or may reasonably be
obtained without detaining the thing, the Tribunal or court may order it to be returned to the applicant, subject to any
conditions the Tribunal or court may impose to ensure that it is preserved for any purpose for which it may
subsequently be required.
Forfeiture
28. (1) Where the Tribunal decides that a person has committed a violation, or a person is convicted of an offence
under this Act, the Tribunal or the convicting court, as the case may be, may, on its own motion or at the request of
any party to the proceedings, in addition to any penalty or punishment imposed, order that any thing by means of or
in relation to which the violation or offence was committed, or any proceeds realized from its disposition, be
forfeited to Her Majesty in right of Canada.
(2) Where the owner of a thing seized under this Act or the person in possession of it at the time of its seizure
consents to its forfeiture, it is thereupon forfeited to Her Majesty in right of Canada.
R.S., 1985, c. 20 (4th Supp.), s. 28; 1993, c. 34, s. 12(F); 1995, c. 40, s. 40.
29. (1) Where proceedings mentioned in subsection 27(1) are instituted within the time provided in that subsection
and, at the final conclusion of those proceedings, the Tribunal or court orders the forfeiture of a seized thing, it may
be disposed of, at the expense of the person from whom it was seized, in accordance with the regulations, unless the
Minister directs otherwise.
(2) Where the Tribunal or court does not order the forfeiture of the thing seized, it shall be returned to the person
from whom it was seized or any proceeds realized from its disposition or any security given for it shall be returned
to that person.
Exception
(3) Where the Tribunal decides that the person from whom a thing was seized has committed a violation, or a person
from whom a thing was seized is convicted of an offence under this Act, the thing, any proceeds realized from its
disposition or any security given for it may be retained until the penalty or fine, as the case may be, is paid, or the
thing may be sold under execution in satisfaction of the penalty or fine or the proceeds or the security or any part
thereof may be applied in payment of the penalty or fine.
R.S., 1985, c. 20 (4th Supp.), s. 29; 1993, c. 34, s. 13(F); 1995, c. 40, s. 41.
ILLEGAL IMPORT
30. (1) Where an inspector believes on reasonable grounds that an agricultural product is being or has been imported
into Canada in contravention of this Act or the regulations, the inspector may, whether or not the product is seized,
require the importer to remove it from Canada by delivering personally to the importer a notice for its removal or by
sending the notice by registered mail to the importer’s business address in Canada.
(2) Where an agricultural product is not removed from Canada within the period specified for its removal in a notice
delivered or sent under subsection (1) or, where no period is specified, within ninety days after the notice was
delivered or sent to the importer, the agricultural product shall, notwithstanding section 27, be forfeited to Her
Majesty in right of Canada and may be disposed of, at the expense of the importer, in accordance with the
regulations, unless the Minister directs otherwise.
FINANCIAL RESPONSIBILITY
31. The Minister may require any person or class of persons marketing agricultural products in import, export or
interprovincial trade to provide evidence of financial responsibility in any form, including an insurance or indemnity
bond, or a suretyship, that is satisfactory to the Minister.
REGULATIONS
Regulations
32. The Governor in Council may make regulations for carrying out the purposes and provisions of this Act and
prescribing anything that is to be prescribed under this Act and, without limiting the generality of the foregoing, may
make regulations
(a) prescribing agricultural product legends and grade names and generally respecting agricultural product legends,
grade names and other labels;
(b) for the licensing, registration or accreditation of any activity or operation to which this Act applies, including
regulations
(i) prescribing the records to be kept in respect of any licensed, registered or accredited activity or operation,
(ii) governing the registration of establishments and the licensing of dealers and operators of establishments,
(iii) governing the renewal, cancellation and suspension of the registration of establishments and the licences of
dealers and operators of establishments,
(iv) providing for the accreditation of operations involving inspection, analysis or grading, and
(v) requiring dealers or operators of establishments to post bonds or to provide suretyships, or to provide other
security satisfactory to the Minister, as a guarantee that they will comply with the terms and conditions of any
licence or registration issued to them and providing for the forfeiture of the bonds, suretyships or other security if
they fail to comply with those terms and conditions;
(c) governing the design, construction, hygiene, sanitation and maintenance of registered establishments and of the
equipment and facilities in them and governing
(i) the operation of registered establishments and the suspension of their operations, and
(ii) the procedures to be followed and the standards to be maintained in registered establishments for the preparation
of agricultural products;
(d) providing for the inspection of establishments and the inspection, analysis, testing, grading and sampling of
agricultural products;
(e) governing analyses related to pesticide residues and any other dangerous or potentially dangerous substance that
is found on, in or near agricultural products;
(f) establishing grades and standards, including standards of wholesomeness, for agricultural products and
establishing standards for containers;
(h) providing for measures, including slaughter and destruction, to be taken respecting agricultural products or other
things that
(ii) do not meet, or are suspected on reasonable grounds of not meeting, the requirements of this Act and the
regulations
and prohibiting any slaughter or destruction that is not in accordance with those measures;
(i) providing for systems to ascertain the places of origin or destination of agricultural products;
(j) establishing requirements governing the seizure and detention of things under this Act, providing for the safe-
keeping and disposal of things seized, detained or forfeited under this Act and regulating the inspection of places
and the stopping of vehicles;
(k) regulating or prohibiting the marketing of any agricultural product, other than a fresh or processed fruit or
vegetable, in import, export or interprovincial trade and establishing terms and conditions governing that marketing;
(l) regulating or prohibiting the marketing of any fresh or processed fruit or vegetable in import, export or
interprovincial trade, including regulations
(iv) permitting the Minister or a delegate of the Minister to exempt the marketing of any fresh or processed fruit or
vegetable in import or interprovincial trade from any of the requirements of this Act or the regulations where the
Minister or delegate considers that it is necessary to do so in order to alleviate a shortage in Canada of the fruit or
vegetable or an equivalent fruit or vegetable, and
(v) permitting the Minister or a delegate of the Minister to exempt the marketing of any fresh or processed fruit or
vegetable in export trade from any of the requirements of this Act or the regulations;
(n) for exempting any person, establishment, agricultural product, class of agricultural products, container or other
thing from the application of any or all of the provisions of this Act or the regulations;
(o) providing for the collection of market information and statistics, the publication of studies dealing with the
marketing of agricultural products and the conduct of surveys on any matter related to this Act or the regulations;
and
(p) prescribing any fees or charges required for the administration of this Act or the regulations and the interest that
shall accrue on unpaid fees or charges.
33. (1) Every person who contravenes any provision of this Act or the regulations
(a) is guilty of an offence punishable on summary conviction and liable to a fine not exceeding $50,000 or to
imprisonment for a term not exceeding six months, or to both; or
(b) is guilty of an indictable offence and liable to a fine not exceeding $250,000 or to imprisonment for a term not
exceeding two years, or to both.
Time limit
(2) Proceedings by way of summary conviction in respect of an offence under this Act may be instituted at any time
within, but not later than, two years after the time when the Minister became aware of the subject-matter of the
proceedings.
Minister’s certificate
(3) A document purporting to have been issued by the Minister, certifying the day on which the Minister became
aware of the subject-matter of any proceedings, shall be received in evidence and, in the absence of any evidence to
the contrary, the document shall be considered as conclusive proof of that fact without proof of the signature or of
the official character of the person appearing to have signed the document and without further proof.
Ticket offences
34. (1) The Governor in Council may make regulations designating the contravention of any provision of this Act or
the regulations as an offence with respect to which
(a) notwithstanding the provisions of the Criminal Code, an inspector may issue and serve a summons by
completing a ticket in the prescribed form, signing it and delivering it to the accused; or
(b) the summons may be served by mailing it to the accused at the latest known address of the accused.
(2) Where a person is served with a ticket and does not enter a plea within the prescribed time, a justice shall
examine the ticket and
(a) if the ticket is complete and regular on its face, the justice shall enter a conviction in the person’s absence and
impose a fine of the prescribed amount; or
(b) if the ticket is not complete and regular on its face, the justice shall quash the proceedings.
Regulations
(3) The Governor in Council may make regulations for the purposes of applying this section, including regulations
prescribing the amount of the fine for any offence and establishing a procedure for entering a plea of guilty and
paying the fine.
Repeated offences
(4) The amount of the fine for an offence may be prescribed to be higher with respect to persons who are convicted
of the offence for a second or further time.
Recovery of fines
35. Where a person is convicted of an offence under this Act and a fine imposed as punishment is not paid when
required, the prosecutor may, by filing the conviction, enter as a judgment the amount of the fine and costs, if any, in
the superior court of the province in which the trial was held, and the judgment is enforceable against the convicted
person in the same manner as if it were a judgment obtained by Her Majesty in right of Canada against the person in
that court in civil proceedings.
36. Where a corporation commits an offence under this Act, any officer, director or agent of the corporation who
directed, authorized, assented to or acquiesced or participated in the commission of the offence is a party to and
guilty of the offence and is liable on conviction to the punishment provided for the offence, whether or not the
corporation has been prosecuted or convicted.
37. In any prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was
committed by an employee or agent of the accused, whether or not the employee or agent is identified or has been
prosecuted for the offence, unless the accused establishes that the offence was committed without the knowledge or
consent of the accused and that the accused exercised all due diligence to prevent its commission.
Venue
38. A prosecution for an offence under this Act may be instituted, heard and determined
(a) in the place where the offence was committed or the subject-matter of the prosecution arose;
39. Where any fees or charges imposed under this Act or the regulations, or any interest thereon, are unpaid, they
may be recovered from the person on whom they were imposed as a debt due to Her Majesty in right of Canada.
EVIDENCE
40. (1) In any proceedings for a violation, or for an offence under this Act, a certificate or report of an analyst,
inspector or grader, purporting to have been signed by the analyst, inspector or grader, and stating the results of the
relevant analysis, inspection or grading, is admissible in evidence without proof of the signature or official character
of the person appearing to have signed the certificate or report and, in the absence of evidence to the contrary, is
proof of the matters asserted in the certificate or report.
Copies of documents
(2) In any proceedings for a violation, or for an offence under this Act, a copy of or an extract from any book, record
or document made by an inspector under paragraph 21(1)(c) or (2)(b) or subsection 24(2) or (4) and appearing to
have been certified under the inspector’s signature as a true copy or extract is admissible in evidence without proof
of the signature or official character of the person appearing to have signed the copy and extract and, in the absence
of evidence to the contrary, has the same probative force as the original would have if it were proved in the ordinary
way.
Notice
(3) No certificate, report, copy or extract referred to in this section shall be received in evidence unless the party
intending to produce it has, before the trial, served on the party against whom it is intended to be produced
reasonable notice of that intention together with a duplicate of the certificate, report, copy or extract.
Evidence of identification
41. In any proceedings for a violation, or for an offence under this Act, proof that an agricultural product or its
container bore
(a) a name and address purporting to be that of the person who prepared it, or
(b) a registered number or registered brand mark purporting to be that of the establishment where it was prepared,
is proof, in the absence of evidence to the contrary, that the agricultural product was prepared by the person or at the
establishment whose name, address, registered number or registered brand mark appeared on the agricultural
product or container.
REPEAL
42. [Repeal]
(p) prescribing any fees or charges required for the administration of this Act or the regulations.
1. Section 34 is repealed.