33.11. Where the Minister considers it necessary and urgent for the protection of the public in circumstances where the innocuousness of a product appears to be uncertain, he may, by written notice notified, personally to the operator or to a person responsible for a packing-house, establishment or vehicle, to any person who engages in the production, preparation, conditioning, packaging, supplying or distribution of the product, order him to recall the product to the packing-house or establishment and to retain it or dispose of it at the person’s expense within the time limit and in accordance with the conditions determined by the Minister.
The Minister may also, where the Minister considers it necessary and urgent for the protection of the public in the case of a contravention of a provision of section 4 in relation to an inaccurate, false or misleading indication concerning the safe use of a product, or in the absence of any indication concerning the safe use of a product, by written notice notified, personally to a person referred to in the first paragraph, order the person to recall the product to the packing-house or establishment, to retain it, to bring the product into compliance or to dispose of it at the person’s expense within the time and in accordance with the conditions determined by the Minister.
The person concerned by the order provided for in the first paragraph may apply in writing to the Minister, within the time indicated in the order, for authorization to subject the product to an operation or treatment to ensure the safety of the product. Sections 33.1.1 to 33.1.3 and 33.3.1, adapted as required, apply to the authorization.
An order under this section takes effect when a copy of the order is given to the operator or to a person responsible for the packing-house, establishment, premises or vehicle or upon notification to either of those persons.
1990, c. 80, s. 12; 1997, c. 68, s. 7; 2000, c. 26, s. 34.