P-29 - Food Products Act

Section 40 Disposition versions

2021-10-06

40. The Government may, by regulation:

(a)  prescribe rules respecting the sale of a product, the production, preservation, handling, preparation, conditioning, processing, transportation or stamping of a product or the storing of a product with intent to sell it or to give it for promotional purposes, the furnishing of a service for remuneration or the display of a product;

(a.0.1)  regulate the preparation processes, in particular pasteurization, canning, aseptic packaging and sterilization;

(a.1)  establish, in particular for the purposes of sanitation, the rules respecting the construction, layout, installation, material, equipment, location, operation and maintenance of slaughter-houses or packing-houses, establishments, premises or vehicles where operations referred to in paragraph a, operations relating to inedible products or operations relating to premises in which there are animals whose products are intended for human consumption, are carried on;

(a.2)  determine the equipment and facilities to be used, the procedures to be followed and the standards to be maintained to ensure humane treatment and slaughter of animals in slaughter-houses;

(a.3)  determine, for the purposes of subparagraph a.3 of the first paragraph of section 1, the cases in which milk or any derivative of milk ceases to be a dairy product after being treated, modified, processed or reconstituted, and the criteria whereby milk is to be considered the main ingredient in the making of a dairy product;

(a.4)  authorize standardization of the proportion of fat and other solids of any dairy product it indicates, subject to the conditions and according to the processes it determines, including skimming;

(b)  prohibit or regulate the use or level of substances capable of impairing the quality or wholesomeness of a product;

(b.1)  (paragraph repealed);

(b.2)  (paragraph repealed);

(c)  prohibit or regulate the sale, holding, transportation, salvaging, distribution, preparation, denaturation, packaging, labelling, use, destination, disposal or elimination of inedible products, the slaughtering of animals in an establishment where inedible products are prepared or stored or where operations relating to inedible products held by a salvager or by the operator of such an establishment are carried on;

(c.1)  (paragraph repealed);

(c.2)  prohibit or regulate, for the purposes of the third paragraph of section 70 of the Act respecting the conservation and development of wildlife (chapter C-61.1), the carrying out of activities relating to any aquatic product it designates and concerning the sale, preparation, processing, keeping, transportation or distribution of the product;

(c.3)  prescribe sanitary inspection of animals before and after they are slaughtered, and of carcasses or parts of such animals, allow any authorized person to prohibit or authorize, on conditions he determines, the slaughtering of animals unfit or suspected, on reasonable grounds, of being unfit for human consumption, authorize the person to seize or confiscate the animals or the carcasses or parts of such animals which are unfit or suspected, on reasonable grounds, of being unfit for human consumption or inedible, and regulate the disposal or destination of the animals or of the carcasses or parts of such animals;

(c.4)  prescribe any other sanitary inspection of animals or animal carcasses intended for human consumption than that required under paragraph c.3;

(c.5)  allow an authorized person to enter, at any reasonable time, an establishment, premises or a vehicle where animals can be found which are intended or whose products are intended for human consumption or where carcasses intended for human consumption can be found, to inspect the animals and carcasses and take free samples, to seize or confiscate the animals and carcasses and their products which are, or are suspected on reasonable grounds of being, unfit for human consumption or inedible, and to prescribe rules respecting the seizure, destination or disposal of the animals, carcasses or products;

(c.6)  determine the information that the owner or custodian of animals intended for human consumption must furnish and retain, in particular information concerning the animals’ state of health and their identification, determine the information that the possessor of animal carcasses intended for such consumption must also furnish and retain, and determine all the terms and conditions relating to that information, such as those concerning its form and the category of animals to which it applies;

(c.7)  determine the rules respecting bringing animals or animal carcasses intended for human consumption into a slaughterhouse referred to in subparagraph a or a.1 of the first paragraph of section 9 or into an establishment, premises or a vehicle operated under a permit required under subparagraph b of the first paragraph of that section, whose operations are the subject of permanent inspection and where meat or meat products intended for human consumption are prepared for purposes of sale;

(d)  order the sanitary control of animals and prescribe sanitary measures respecting the operation of establishments, premises or vehicles where slaughtering procedures or operations referred to in paragraph a are carried out, and prescribe any appropriate measure to ensure the disposal of waste, regulate waste containers and prevent or avoid the contamination of products;

(e)  establish classes, categories, appellations, qualifiers or designations of products and prohibit any unlawful use thereof, require the grading of products and set standards of composition, form, quality, wholesomeness, colour, proportion of constituents, presentation and uniformity, and, in the case of spring water and mineral water, render the prescribed standards applicable from the point of collection;

(e.0.1)  prescribe rules of hygiene concerning ice and bottled water dispensers placed, free of charge, at the disposal of the public;

(e.1)  (paragraph repealed);

(e.2)  require the operator of a packing-house, establishment, premises or vehicle to submit the packing-house, establishment, premises or vehicle to a quality and sanitation control inspection in accordance with the conditions determined by the Minister;

(e.2.1)  determine apparatus calibration methods and the persons or classes of persons who are to use them;

(e.3)  determine, for the purposes of this Act or the regulations, methods which must be used in analyzing the products;

(e.3.1)  identify the diseases or germs of diseases that may be communicated by food;

(e.4)  prescribe the rules of hygiene and sanitation applicable to any person who is in contact with food or with the material or equipment that is in contact with food in a packing-house, an establishment, premises or a vehicle referred to in section 33, require such a person to furnish a statement of health to the person’s employer and to undergo such examinations as are necessary to establish that the person is not affected with a disease or is not a carrier of germs of diseases referred to in paragraph e.3.1 and, on conditions it determines, prescribe that the employer hold a medical certificate attesting that the person is not affected with such a disease and is not a carrier of such germs;

(e.5)  prescribe withdrawal measures and the cases in which they are to be applied as well as special hygiene or sanitation measures applicable to any person affected with a disease or carrying germs of a disease referred to in paragraph e.3.1, who is in contact with food or with the material or equipment that is in contact with food in a packing-house, an establishment, premises or a vehicle referred to in section 33;

(e.5.1)  determine the minimum training or learning experience necessary, in particular with respect to hygiene, sanitation or control of the processes involved in food preparation, as well as the content of the examinations referred to in paragraph e.6 processing;

(e.5.2)  determine the functions to be exercised by a person holding a tester’s permit;

(e.6)  determine the persons or classes of persons that must undergo the training referred to in paragraph e.5.1 and, where applicable, that they pass such examinations as are necessary for that purpose and fix the examination fees;

(e.7)  prescribe the rules of hygiene and sanitation applicable to the persons who are present in the areas or places referred to in section 3.3;

(e.8)  prescribe the conditions to be fulfilled by a person required to register with the Minister, the documents or the information to be furnished by the person, the books or registers to be kept and retained by the person, the reports to be submitted by the person and the annual fees to be paid by the person for registration;

(f)  determine the conditions of issue, renewal, suspension or cancellation of a permit, the documents or the information to be furnished by an applicant or holder, the books or registers to be kept and retained by the applicant or holder, the cases in which a permit may be issued for a period of less than 12 months, the fees payable for the permits according to the period of validity, the nature or the category, subcategory or class of the holders or permits, the costs for the opening and examination of an application for a permit or authorization;

(g)  determine the categories of permits and the conditions and restrictions governing each category;

(g.1)  determine, in addition to the persons referred to in section 3.4, the persons required to have a traceability system and prescribe the minimum system standards, which may vary according to the activity or product and pertain, in particular, to the reception, shipping and production register, lot identification and recall and control procedures;

(h)  prescribe any suitable measure calculated to ensure honesty in selling and to avoid or prevent imitations, counterfeits or adulteration;

(i)  (paragraph repealed);

(j)  prescribe rules respecting containers and in particular their size, capacity and characteristics, the inscriptions, labelling or packaging of products and the inscriptions which must appear on means of transportation used for transporting products or inedible products;

(j.1)  prescribe, for any type of water referred to in the second paragraph of section 1, the cases and conditions in or on which a person is required to send to the Minister, before or during the marketing of the water, information, documents, samples, analyses or any other thing necessary to verify the accuracy of the information appearing on the label, container or packaging of the water or on a poster relating thereto;

(k)  fix the hours outside which the costs of permanent inspection must be reimbursed to the Government by the holder of a permit require registration of the hours, and determine the terms and conditions of such reimbursement;

(k.1)  prescribe fees for analysis, inspection, classification or stamping and, where applicable, determine by which persons, for which product, in which cases and on what terms and conditions the fees are payable;

(k.2)  determine the cases in which analyses or controls are required and data is to be entered by the operator in a register made available to authorized persons;

(l)  define any expression used in this Act;

(m)  prohibit or regulate the publicity or advertising used for the commercial promotion of products;

(m.1)  prescribe the rules to be complied with by the holder of a tester’s permit relating to milk or cream collecting at the farm and the taking of samples;

(n)  exempt any person, product, animal, establishment or activity it determines, or a class thereof, from the application of this Act or the regulations, or any provision thereof, on such conditions as it may determine.

1974, c. 35, s. 36; 1975, c. 40, s. 5; 1977, c. 35, s. 11; 1977, c. 5, s. 14; 1981, c. 29, s. 8; 1983, c. 53, s. 6; 1990, c. 80, s. 13; 1993, c. 21, s. 3; 1996, c. 50, s. 9; 1997, c. 68, s. 8; 2000, c. 26, s. 40; 2009, c. 10, s. 38; 2014, c. 14, s. 2; 2021, c. 29, ss. 32 and 56.

2014-12-03

40. The Government may, by regulation:

(a)  prescribe rules respecting the sale of a product, the production, preservation, handling, preparation, conditioning, processing, transportation or stamping of a product or the storing of a product with intent to sell it or to give it for promotional purposes, the furnishing of a service for remuneration or the display of a product;

(a.0.1)  regulate the preparation processes, in particular pasteurization, canning, aseptic packaging and sterilization;

(a.1)  establish, in particular for the purposes of sanitation, the rules respecting the construction, layout, installation, material, equipment, location and maintenance of slaughter-houses or packing-houses, establishments, premises or vehicles where operations referred to in paragraph a, operations relating to inedible products or operations relating to premises in which there are animals whose products are intended for human consumption, are carried on;

(a.2)  determine the equipment and facilities to be used, the procedures to be followed and the standards to be maintained to ensure humane treatment and slaughter of animals in slaughter-houses;

(a.3)  determine, for the purposes of subparagraph a.3 of the first paragraph of section 1, the cases in which milk or any derivative of milk ceases to be a dairy product after being treated, modified, processed or reconstituted, and the criteria whereby milk is to be considered the main ingredient in the making of a dairy product;

(a.4)  authorize standardization of the proportion of fat and other solids of any dairy product it indicates, subject to the conditions and according to the processes it determines, including skimming;

(b)  prohibit or regulate the use of substances capable of impairing the quality or wholesomeness of a product;

(b.1)  (paragraph repealed);

(b.2)  (paragraph repealed);

(c)  prohibit or regulate the sale, holding, transportation, salvaging, distribution, preparation, denaturation, packaging, labelling, use, disposal or elimination of inedible products, the slaughtering of animals in an establishment where inedible products are prepared or stored or where operations relating to inedible products held by a salvager or by the operator of such an establishment are carried on;

(c.1)  (paragraph repealed);

(c.2)  prohibit or regulate, for the purposes of the third paragraph of section 70 of the Act respecting the conservation and development of wildlife (chapter C-61.1), the carrying out of activities relating to any aquatic product it designates and concerning the sale, preparation, processing, keeping, transportation or distribution of the product;

(c.3)  prescribe sanitary inspection of animals before and after they are slaughtered, and of carcasses or parts of such animals, allow any authorized person to prohibit or authorize, on conditions he determines, the slaughtering of animals unfit or suspected, on reasonable grounds, of being unfit for human consumption, authorize the person to seize or confiscate the animals or the carcasses or parts of such animals which are unfit or suspected, on reasonable grounds, of being unfit for human consumption or inedible, and regulate the disposal or destination of the animals or of the carcasses or parts of such animals;

(c.4)  (paragraph repealed);

(c.5)  allow an authorized person to enter, at any reasonable time, premises or a vehicle where livestock can be found whose meat or products are intended for human consumption, to inspect the animals and take free samples, to seize or confiscate the animals and products which are unfit or suspected, on reasonable grounds, of being unfit for human consumption or inedible, and to prescribe rules governing the seizure, destination or disposal of the animals or products;

(d)  order the sanitary control of animals and prescribe sanitary measures respecting the operation of establishments, premises or vehicles where slaughtering procedures or operations referred to in paragraph a are carried out, and prescribe any appropriate measure to ensure the disposal of waste, regulate waste containers and prevent or avoid the contamination of products;

(e)  establish classes, categories, appellations, qualifiers or designations of products and prohibit any unlawful use thereof, require the grading of products and set standards of composition, form, quality, wholesomeness, colour, proportion of constituents, presentation and uniformity, and, in the case of spring water and mineral water, render the prescribed standards applicable from the point of collection;

(e.0.1)  prescribe rules of hygiene concerning ice and bottled water dispensers placed, free of charge, at the disposal of the public;

(e.1)  (paragraph repealed);

(e.2)  require the operator of a packing-house, establishment, premises or vehicle to submit the packing-house, establishment, premises or vehicle to a quality and sanitation control inspection in accordance with the conditions determined by the Minister;

(e.2.1)  determine apparatus calibration methods and the persons or classes of persons who are to use them;

(e.3)  determine, for the purposes of this Act or the regulations, methods which must be used in analyzing the products;

(e.3.1)  identify the diseases or germs of diseases that may be communicated by food;

(e.4)  prescribe the rules of hygiene and sanitation applicable to any person who is in contact with food or with the material or equipment that is in contact with food in a packing-house, an establishment, premises or a vehicle referred to in section 33, require such a person to furnish a statement of health to the person’s employer and to undergo such examinations as are necessary to establish that the person is not affected with a disease or is not a carrier of germs of diseases referred to in paragraph e.3.1 and, on conditions it determines, prescribe that the employer hold a medical certificate attesting that the person is not affected with such a disease and is not a carrier of such germs;

(e.5)  prescribe withdrawal measures and the cases in which they are to be applied as well as special hygiene or sanitation measures applicable to any person affected with a disease or carrying germs of a disease referred to in paragraph e.3.1, who is in contact with food or with the material or equipment that is in contact with food in a packing-house, an establishment, premises or a vehicle referred to in section 33;

(e.5.1)  determine the minimum training or learning experience necessary, in particular with respect to hygiene, sanitation or the monitoring of the processes involved in food processing;

(e.5.2)  determine the functions to be exercised by a person holding a tester’s permit;

(e.6)  determine the persons or classes of persons that must undergo the training referred to in paragraph e.5.1 and, where applicable, that they pass such examinations as are necessary for that purpose;

(e.7)  prescribe the rules of hygiene and sanitation applicable to the persons who are present in the areas or places referred to in section 3.3;

(e.8)  prescribe the conditions to be fulfilled by a person required to register with the Minister, the documents or the information to be furnished by the person, the books or registers to be kept and retained by the person, the reports to be submitted by the person and the annual fees to be paid by the person for registration;

(f)  determine the conditions of issue, renewal, suspension or cancellation of a permit, the documents or the information to be furnished by an applicant or holder, the books or registers to be kept and retained by the applicant or holder, the cases in which a permit may be issued for a period of less than 12 months, the fees payable for the permits according to the period of validity, the nature or the category, subcategory or class of the holders or permits, the costs for the opening and examination of an application for a permit or authorization;

(g)  determine the categories of permits and the conditions and restrictions governing each category;

(g.1)  determine, in addition to the persons referred to in section 3.4, the persons required to have a traceability system and prescribe the minimum system standards, which may vary according to the activity or product and pertain, in particular, to the reception, shipping and production register, lot identification and recall and control procedures;

(h)  prescribe any suitable measure calculated to ensure honesty in selling and to avoid or prevent imitations, counterfeits or adulteration;

(i)  (paragraph repealed);

(j)  prescribe rules respecting containers and in particular their size, capacity and characteristics, the inscriptions, labelling or packaging of products and the inscriptions which must appear on means of transportation used for transporting products or inedible products;

(j.1)  prescribe, for any type of water referred to in the second paragraph of section 1, the cases and conditions in or on which a person is required to send to the Minister, before or during the marketing of the water, information, documents, samples, analyses or any other thing necessary to verify the accuracy of the information appearing on the label, container or packaging of the water or on a poster relating thereto;

(k)  fix the hours outside which the costs of permanent inspection must be reimbursed to the Government by the holder of a permit require registration of the hours, and determine the terms and conditions of such reimbursement;

(k.1)  prescribe fees for analysis, inspection, classification or stamping and, where applicable, determine by which persons, for which product, in which cases and on what terms and conditions the fees are payable;

(k.2)  determine the cases in which analyses or controls are required and data is to be entered by the operator in a register made available to authorized persons;

(l)  define any expression used in this Act;

(m)  prohibit or regulate the publicity or advertising used for the commercial promotion of products;

(m.1)  prescribe the rules to be complied with by the holder of a tester’s permit relating to milk or cream collecting at the farm and the taking of samples;

(n)  exempt any person, product, animal, establishment or activity it determines, or a class thereof, from the application of this Act or the regulations, or any provision thereof, on such conditions as it may determine.

1974, c. 35, s. 36; 1975, c. 40, s. 5; 1977, c. 35, s. 11; 1977, c. 5, s. 14; 1981, c. 29, s. 8; 1983, c. 53, s. 6; 1990, c. 80, s. 13; 1993, c. 21, s. 3; 1996, c. 50, s. 9; 1997, c. 68, s. 8; 2000, c. 26, s. 40; 2009, c. 10, s. 38; 2014, c. 14, s. 2.

2009-07-01

40. The Government may, by regulation:

(a)  prescribe rules respecting the sale of a product, the production, preservation, handling, preparation, conditioning, processing, transportation or stamping of a product or the storing of a product with intent to sell it or to give it for promotional purposes, the furnishing of a service for remuneration or the display of a product;

(a.0.1)  regulate the preparation processes, in particular pasteurization, canning, aseptic packaging and sterilization;

(a.1)  establish, in particular for the purposes of sanitation, the rules respecting the construction, layout, installation, material, equipment, location and maintenance of slaughter-houses or packing-houses, establishments, premises or vehicles where operations referred to in paragraph a, operations relating to inedible products or operations relating to premises in which there are animals whose products are intended for human consumption, are carried on;

(a.2)  determine the equipment and facilities to be used, the procedures to be followed and the standards to be maintained to ensure humane treatment and slaughter of animals in slaughter-houses;

(a.3)  determine, for the purposes of subparagraph a.3 of the first paragraph of section 1, the cases in which milk or any derivative of milk ceases to be a dairy product after being treated, modified, processed or reconstituted, and the criteria whereby milk is to be considered the main ingredient in the making of a dairy product;

(a.4)  authorize standardization of the proportion of fat and other solids of any dairy product it indicates, subject to the conditions and according to the processes it determines, including skimming;

(b)  prohibit or regulate the use of substances capable of impairing the quality or wholesomeness of a product;

(b.1)  prohibit, to the extent it indicates, the adding of dairy product substitutes or other ingredients to any dairy product or constituent of a dairy product;

(b.2)  designate the dairy product substitutes that may be prepared, offered for sale, sold, delivered, processed, held, displayed or transported for sale;

(c)  prohibit or regulate the sale, holding, transportation, salvaging, distribution, preparation, denaturation, packaging, labelling, use, disposal or elimination of inedible products, the slaughtering of animals in an establishment where inedible products are prepared or stored or where operations relating to inedible products held by a salvager or by the operator of such an establishment are carried on;

(c.1)  (paragraph repealed);

(c.2)  prohibit or regulate, for the purposes of the third paragraph of section 70 of the Act respecting the conservation and development of wildlife (chapter C-61.1), the carrying out of activities relating to any aquatic product it designates and concerning the sale, preparation, processing, keeping, transportation or distribution of the product;

(c.3)  prescribe sanitary inspection of animals before and after they are slaughtered, and of carcasses or parts of such animals, allow any authorized person to prohibit or authorize, on conditions he determines, the slaughtering of animals unfit or suspected, on reasonable grounds, of being unfit for human consumption, authorize the person to seize or confiscate the animals or the carcasses or parts of such animals which are unfit or suspected, on reasonable grounds, of being unfit for human consumption or inedible, and regulate the disposal or destination of the animals or of the carcasses or parts of such animals;

(c.4)  (paragraph repealed);

(c.5)  allow an authorized person to enter, at any reasonable time, premises or a vehicle where livestock can be found whose meat or products are intended for human consumption, to inspect the animals and take free samples, to seize or confiscate the animals and products which are unfit or suspected, on reasonable grounds, of being unfit for human consumption or inedible, and to prescribe rules governing the seizure, destination or disposal of the animals or products;

(d)  order the sanitary control of animals and prescribe sanitary measures respecting the operation of establishments, premises or vehicles where slaughtering procedures or operations referred to in paragraph a are carried out, and prescribe any appropriate measure to ensure the disposal of waste, regulate waste containers and prevent or avoid the contamination of products;

(e)  establish classes, categories, appellations, qualifiers or designations of products and prohibit any unlawful use thereof, require the grading of products and set standards of composition, form, quality, wholesomeness, colour, proportion of constituents, presentation and uniformity, and, in the case of spring water and mineral water, render the prescribed standards applicable from the point of collection;

(e.0.1)  prescribe rules of hygiene concerning ice and bottled water dispensers placed, free of charge, at the disposal of the public;

(e.1)  (paragraph repealed);

(e.2)  require the operator of a packing-house, establishment, premises or vehicle to submit the packing-house, establishment, premises or vehicle to a quality and sanitation control inspection in accordance with the conditions determined by the Minister;

(e.2.1)  determine apparatus calibration methods and the persons or classes of persons who are to use them;

(e.3)  determine, for the purposes of this Act or the regulations, methods which must be used in analyzing the products;

(e.3.1)  identify the diseases or germs of diseases that may be communicated by food;

(e.4)  prescribe the rules of hygiene and sanitation applicable to any person who is in contact with food or with the material or equipment that is in contact with food in a packing-house, an establishment, premises or a vehicle referred to in section 33, require such a person to furnish a statement of health to the person’s employer and to undergo such examinations as are necessary to establish that the person is not affected with a disease or is not a carrier of germs of diseases referred to in paragraph e.3.1 and, on conditions it determines, prescribe that the employer hold a medical certificate attesting that the person is not affected with such a disease and is not a carrier of such germs;

(e.5)  prescribe withdrawal measures and the cases in which they are to be applied as well as special hygiene or sanitation measures applicable to any person affected with a disease or carrying germs of a disease referred to in paragraph e.3.1, who is in contact with food or with the material or equipment that is in contact with food in a packing-house, an establishment, premises or a vehicle referred to in section 33;

(e.5.1)  determine the minimum training or learning experience necessary, in particular with respect to hygiene, sanitation or the monitoring of the processes involved in food processing;

(e.5.2)  determine the functions to be exercised by a person holding a tester’s permit;

(e.6)  determine the persons or classes of persons that must undergo the training referred to in paragraph e.5.1 and, where applicable, that they pass such examinations as are necessary for that purpose;

(e.7)  prescribe the rules of hygiene and sanitation applicable to the persons who are present in the areas or places referred to in section 3.3;

(e.8)  prescribe the conditions to be fulfilled by a person required to register with the Minister, the documents or the information to be furnished by the person, the books or registers to be kept and retained by the person, the reports to be submitted by the person and the annual fees to be paid by the person for registration;

(f)  determine the conditions of issue, renewal, suspension or cancellation of a permit, the documents or the information to be furnished by an applicant or holder, the books or registers to be kept and retained by the applicant or holder, the cases in which a permit may be issued for a period of less than 12 months, the fees payable for the permits according to the period of validity, the nature or the category, subcategory or class of the holders or permits, the costs for the opening and examination of an application for a permit or authorization;

(g)  determine the categories of permits and the conditions and restrictions governing each category;

(g.1)  determine, in addition to the persons referred to in section 3.4, the persons required to have a traceability system and prescribe the minimum system standards, which may vary according to the activity or product and pertain, in particular, to the reception, shipping and production register, lot identification and recall and control procedures;

(h)  prescribe any suitable measure calculated to ensure honesty in selling and to avoid or prevent imitations, counterfeits or adulteration;

(i)  (paragraph repealed);

(j)  prescribe rules respecting containers and in particular their size, capacity and characteristics, the inscriptions, labelling or packaging of products and the inscriptions which must appear on means of transportation used for transporting products or inedible products;

(j.1)  prescribe, for any type of water referred to in the second paragraph of section 1, the cases and conditions in or on which a person is required to send to the Minister, before or during the marketing of the water, information, documents, samples, analyses or any other thing necessary to verify the accuracy of the information appearing on the label, container or packaging of the water or on a poster relating thereto;

(k)  fix the hours outside which the costs of permanent inspection must be reimbursed to the Government by the holder of a permit require registration of the hours, and determine the terms and conditions of such reimbursement;

(k.1)  prescribe fees for analysis, inspection, classification or stamping and, where applicable, determine by which persons, for which product, in which cases and on what terms and conditions the fees are payable;

(k.2)  determine the cases in which analyses or controls are required and data is to be entered by the operator in a register made available to authorized persons;

(l)  define any expression used in this Act;

(m)  prohibit or regulate the publicity or advertising used for the commercial promotion of products;

(m.1)  prescribe the rules to be complied with by the holder of a tester’s permit relating to milk or cream collecting at the farm and the taking of samples;

(n)  exempt any person, product, animal, establishment or activity it determines, or a class thereof, from the application of this Act or the regulations, or any provision thereof, on such conditions as it may determine.

1974, c. 35, s. 36; 1975, c. 40, s. 5; 1977, c. 35, s. 11; 1977, c. 5, s. 14; 1981, c. 29, s. 8; 1983, c. 53, s. 6; 1990, c. 80, s. 13; 1993, c. 21, s. 3; 1996, c. 50, s. 9; 1997, c. 68, s. 8; 2000, c. 26, s. 40; 2009, c. 10, s. 38.

2000-06-16

40. The Government may, by regulation:

(a)  prescribe rules respecting the sale of a product, the production, preservation, handling, preparation, conditioning, processing, transportation or stamping of a product or the storing of a product with intent to sell it or to give it for promotional purposes, the furnishing of a service for remuneration or the display of a product;

(a.0.1)  regulate the preparation processes, in particular pasteurization, canning, aseptic packaging and sterilization;

(a.1)  establish, in particular for the purposes of sanitation, the rules respecting the construction, layout, installation, material, equipment, location and maintenance of slaughter-houses or packing-houses, establishments, premises or vehicles where operations referred to in paragraph a, operations relating to inedible products or operations relating to premises in which there are animals whose products are intended for human consumption, are carried on;

(a.2)  determine the equipment and facilities to be used, the procedures to be followed and the standards to be maintained to ensure humane treatment and slaughter of animals in slaughter-houses;

(a.3)  determine, for the purposes of subparagraph a.3 of the first paragraph of section 1, the cases in which milk or any derivative of milk ceases to be a dairy product after being treated, modified, processed or reconstituted, and the criteria whereby milk is to be considered the main ingredient in the making of a dairy product;

(a.4)  authorize standardization of the proportion of fat and other solids of any dairy product it indicates, subject to the conditions and according to the processes it determines, including skimming;

(b)  prohibit or regulate the use of substances capable of impairing the quality or wholesomeness of a product;

(b.1)  prohibit, to the extent it indicates, the adding of dairy product substitutes or other ingredients to any dairy product or constituent of a dairy product;

(b.2)  designate the dairy product substitutes that may be prepared, offered for sale, sold, delivered, processed, held, displayed or transported for sale;

(c)  prohibit or regulate the sale, holding, transportation, salvaging, distribution, preparation, denaturation, packaging, labelling, use, disposal or elimination of inedible products, the slaughtering of animals in an establishment where inedible products are prepared or stored or where operations relating to inedible products held by a salvager or by the operator of such an establishment are carried on;

(c.1)  (paragraph repealed);

(c.2)  prohibit or regulate, for the purposes of the third paragraph of section 70 of the Act respecting the conservation and development of wildlife (chapter C-61.1), the carrying out of activities relating to any aquatic product it designates and concerning the sale, preparation, processing, keeping, transportation or distribution of the product;

(c.3)  prescribe sanitary inspection of animals before and after they are slaughtered, and of carcasses or parts of such animals, allow any authorized person to prohibit or authorize, on conditions he determines, the slaughtering of animals unfit or suspected, on reasonable grounds, of being unfit for human consumption, authorize the person to seize or confiscate the animals or the carcasses or parts of such animals which are unfit or suspected, on reasonable grounds, of being unfit for human consumption or inedible, and regulate the disposal or destination of the animals or of the carcasses or parts of such animals;

(c.4)  (paragraph repealed);

(c.5)  allow an authorized person to enter, at any reasonable time, premises or a vehicle where livestock can be found whose meat or products are intended for human consumption, to inspect the animals and take free samples, to seize or confiscate the animals and products which are unfit or suspected, on reasonable grounds, of being unfit for human consumption or inedible, and to prescribe rules governing the seizure, destination or disposal of the animals or products;

(d)  order the sanitary control of animals and prescribe sanitary measures respecting the operation of establishments, premises or vehicles where slaughtering procedures or operations referred to in paragraph a are carried out, and prescribe any appropriate measure to ensure the disposal of waste, regulate waste containers and prevent or avoid the contamination of products;

(e)  establish classes, categories, appellations, qualifiers or designations of products and prohibit any unlawful use thereof, require the grading of products and set standards of composition, form, quality, wholesomeness, colour, proportion of constituents, presentation and uniformity, and, in the case of spring water and mineral water, render the prescribed standards applicable from the point of collection;

(e.0.1)  prescribe rules of hygiene concerning ice and bottled water dispensers placed, free of charge, at the disposal of the public;

(e.1)  (paragraph repealed);

(e.2)  require the operator of a packing-house, establishment, premises or vehicle to submit the packing-house, establishment, premises or vehicle to a quality and sanitation control inspection in accordance with the conditions determined by the Minister;

(e.2.1)  determine apparatus calibration methods and the persons or classes of persons who are to use them;

(e.3)  determine, for the purposes of this Act or the regulations, methods which must be used in analyzing the products;

(e.3.1)  identify the diseases or germs of diseases that may be communicated by food;

(e.4)  prescribe the rules of hygiene and sanitation applicable to any person who is in contact with food or with the material or equipment that is in contact with food in a packing-house, an establishment, premises or a vehicle referred to in section 33, require such a person to furnish a statement of health to the person’s employer and to undergo such examinations as are necessary to establish that the person is not affected with a disease or is not a carrier of germs of diseases referred to in paragraph e.3.1 and, on conditions it determines, prescribe that the employer hold a medical certificate attesting that the person is not affected with such a disease and is not a carrier of such germs;

(e.5)  prescribe withdrawal measures and the cases in which they are to be applied as well as special hygiene or sanitation measures applicable to any person affected with a disease or carrying germs of a disease referred to in paragraph e.3.1, who is in contact with food or with the material or equipment that is in contact with food in a packing-house, an establishment, premises or a vehicle referred to in section 33;

(e.5.1)  determine the minimum training or learning experience necessary, in particular with respect to hygiene, sanitation or the monitoring of the processes involved in food processing;

(e.5.2)  determine the functions to be exercised by a person holding a tester’s permit;

(e.6)  determine the persons or classes of persons that must undergo the training referred to in paragraph e.5.1 and, where applicable, that they pass such examinations as are necessary for that purpose;

(e.7)  prescribe the rules of hygiene and sanitation applicable to the persons who are present in the areas or places referred to in section 3.3;

(e.8)  prescribe the conditions to be fulfilled by a person required to register with the Minister, the documents or the information to be furnished by the person, the books or registers to be kept and retained by the person, the reports to be submitted by the person and the annual fees to be paid by the person for registration;

(f)  determine the conditions of issue, renewal, suspension or cancellation of a permit, the documents or the information to be furnished by an applicant or holder, the books or registers to be kept and retained by the applicant or holder, the cases in which a permit may be issued for a period of less than 12 months, the fees payable for the permits according to the period of validity, the nature or the category, subcategory or class of the holders or permits, the costs for the opening and examination of an application for a permit or authorization;

(g)  determine the categories of permits and the conditions and restrictions governing each category;

(g.1)  determine, in addition to the persons referred to in section 3.4, the persons required to have a traceability system and prescribe the minimum system standards, which may vary according to the activity or product and pertain, in particular, to the reception, shipping and production register, lot identification and recall and control procedures;

(h)  prescribe any suitable measure calculated to ensure honesty in selling and to avoid or prevent imitations, counterfeits or adulteration;

(i)  prescribe the terms and conditions of inspection, sample taking, seizure and confiscation and prescribe the form and content of any certificate, report or minutes drawn up by an authorized person;

(j)  prescribe rules respecting containers and in particular their size, capacity and characteristics, the inscriptions, labelling or packaging of products and the inscriptions which must appear on means of transportation used for transporting products or inedible products;

(j.1)  prescribe, for any type of water referred to in the second paragraph of section 1, the cases and conditions in or on which a person is required to send to the Minister, before or during the marketing of the water, information, documents, samples, analyses or any other thing necessary to verify the accuracy of the information appearing on the label, container or packaging of the water or on a poster relating thereto;

(k)  fix the hours outside which the costs of permanent inspection must be reimbursed to the Government by the holder of a permit require registration of the hours, and determine the terms and conditions of such reimbursement;

(k.1)  prescribe fees for analysis, inspection, classification or stamping and, where applicable, determine by which persons, for which product, in which cases and on what terms and conditions the fees are payable;

(k.2)  determine the cases in which analyses or controls are required and data is to be entered by the operator in a register made available to authorized persons;

(l)  define, for the purposes of this Act and the regulations, “canning”, “packing-house”, “cream”, “denaturation”, “inedible product”, “water by volume”, “spring water”, “bottled water”, “mineral water”, “aseptic packaging”, “establishment”, “bottled water dispenser”, “milk”; “pasturization”, “preparation”, “prepare”, “salvager”, “salvaging”, “sterilization” and “food plant”;

(m)  prohibit or regulate the publicity or advertising used for the commercial promotion of products;

(m.1)  prescribe the rules to be complied with by the holder of a tester’s permit relating to milk or cream collecting at the farm and the taking of samples;

(n)  exempt any person, product, animal, establishment or activity it determines, or a class thereof, from the application of this Act or the regulations, or any provision thereof, on such conditions as it may determine.

1974, c. 35, s. 36; 1975, c. 40, s. 5; 1977, c. 35, s. 11; 1977, c. 5, s. 14; 1981, c. 29, s. 8; 1983, c. 53, s. 6; 1990, c. 80, s. 13; 1993, c. 21, s. 3; 1996, c. 50, s. 9; 1997, c. 68, s. 8; 2000, c. 26, s. 40.

1997-11-11

40. The Government may, by regulation:

(a)  prescribe rules respecting the sale of a product or the preparation, conditioning, processing, transportation or stamping of a product or the storing of a product with intent to sell it or to give it for promotional purposes or for the furnishing of a service for remuneration;

(a.1)  establish, for the purposes of sanitation, regulations respecting the construction, layout, equipment, location and maintenance of slaughter-houses or establishments, premises or vehicles where operations referred to in paragraph a or operations relating to meat unfit for human consumption are carried out;

(a.2)  determine the equipment and facilities to be used, the procedures to be followed and the standards to be maintained to ensure humane treatment and slaughter of animals in slaughter-houses;

(b)  prohibit or regulate the use, in the production of a product, of substances capable of impairing the quality or wholesomeness of such product;

(c)  prohibit or regulate the sale, storing, transportation, salvaging, distribution, colouring, packaging, labelling, use or disposal of meat unfit for human consumption, the slaughtering of animals in a plant for dismembering animals or the carrying on of operations concerning meat unfit for human consumption stocked by a salvager or by the operator of such a plant;

(c.1)  prohibit or regulate the carrying out of operations relating to fishery products unfit for human consumption kept by a salvager or by the operator of a plant contemplated in subparagraph g of the first paragraph of section 9;

(c.2)  prohibit or regulate, for the purposes of the third paragraph of section 70 of the Act respecting the conservation and development of wildlife (chapter C-61.1), the carrying out of activities relating to any aquatic product it designates and concerning the sale, preparation, processing, keeping, transportation or distribution of the product;

(c.3)  prescribe sanitary inspection of animals in a slaughter-house, before and after they are slaughtered, and of carcasses or parts of such animals, allow any authorized person to prohibit or authorize, on conditions he determines, the slaughtering of animals unfit or suspected, on reasonable grounds, of being unfit for human consumption, authorize the person to seize or confiscate the animals or the carcasses or parts of such animals which are unfit or suspected, on reasonable grounds, of being unfit for human consumption, and regulate the disposal or destination of the animals or of the carcasses or parts of such animals;

(c.4)  prohibit or regulate the carrying out of operations relating to the salvaging of deteriorated food and containers of food;

(c.5)  where the Minister considers it necessary and urgent for the protection of the public in any region he determines, allow an authorized person to enter, at any reasonable time, premises or a vehicle where livestock can be found whose meat or products are intended for human consumption, to inspect the animals and take free samples, to seize or confiscate the animals and products which are unfit or suspected, on reasonable grounds, of being unfit for human consumption, and to prescribe rules governing the seizure, destination or disposal of the animals or products;

(d)  order the sanitary control of animals and prescribe sanitary measures respecting the operation of establishments, premises or vehicles where slaughtering procedures or operations referred to in paragraph a are carried out, and prescribe any appropriate measure to ensure the disposal of waste, regulate waste containers and prevent or avoid the contamination of products;

(e)  establish classes, categories, appellations, qualifiers or designations of products and prohibit any unlawful use thereof, require the grading of products and set standards of composition, form, quality and uniformity, and, in the case of spring water and mineral water, render the prescribed standards applicable from the point of collection;

(e.0.1)  prescribe rules of hygiene concerning ice and bottled water dispensers placed, free of charge, at the disposal of the public;

(e.1)  order the grading of the marine products or fresh water products it determines, prescribe the conditions and modalities of grading and allow the Minister to designate the person responsible for such grading;

(e.2)  require the operator of an establishment, vehicle or premises or any other person carrying on an activity contemplated in subparagraph a, b, e, f, k, l, m, n or p of the first paragraph of section 9 to submit his establishment to a quality control inspection in accordance with the conditions and modalities of operation established by the Minister and prescribe that the person in charge of the inspection is required to be the holder of a certificate issued by the Minister attesting his qualifications to perform that function;

(e.3)  determine, for the purposes of this Act or the regulations, methods which must be used in analyzing the products;

(e.4)  impose standards of personal hygiene to be maintained by any person handling food on premises or in a vehicle referred to in section 33, require that person to undergo such examinations as are necessary to establish that he is not a carrier of germs of diseases that may be communicated by food and, on conditions it determines, prescribe that the person operating the premises or vehicle be the holder of a medical certificate attesting that he is not a carrier of germs of diseases that may be communicated by food;

(e.5)  prohibit a person carrying germs of diseases that may be communicated by food from handling food on premises or in a vehicle referred to in section 33;

(e.6)  require from a person referred to in paragraph e.4 appropriate training in matters of hygiene and cleanliness and that he pass such examinations as are necessary for that purpose;

(f)  determine the terms and conditions of issue or renewal of a permit, prescribe the conditions required of a person bound to hold a permit or to register with the Minister, the documents he must furnish, the books, registers and accounts he must keep and retain, the returns he must furnish, the cases where a permit may be issued for a period of less than 12 months and the duties he must pay depending on the term and the type or category of permit;

(g)  determine the categories of permits and the conditions and restrictions governing each category;

(h)  prescribe any suitable measure calculated to ensure honesty in selling and to avoid or prevent imitations, counterfeits or adulteration;

(i)  prescribe the terms and conditions of inspection, sample taking, seizure and confiscation and prescribe the form and content of any certificate, report or minutes drawn up by an authorized person;

(j)  prescribe rules respecting the containers, inscriptions, labelling or packaging of products and the inscriptions which must appear on means of transportation used for transporting products or meat unfit for human consumption;

(j.1)  prescribe, for any type of water referred to in the second paragraph of section 1, the cases and conditions in or on which a person is required to send to the Minister, before or during the marketing of the water, information, documents, samples, analyses or any other thing necessary to verify the accuracy of the information appearing on the label, container or packaging of the water or on a poster relating thereto;

(k)  fix the hours outside which the costs of permanent inspection must be reimbursed to the Government by the holder of a permit to operate an establishment, and determine the terms and conditions of such reimbursement;

(k.1)  prescribe fees for analysis or classification and, where applicable, determine by which persons, for which product, in which cases and on what terms and conditions the fees are payable;

(l)  define, for the purposes of this Act and the regulations, the expressions “plant for dismembering animals”, “meat unfit for human consumption”, “establishment”, “preparation”, “distribution”, “salvaging”, “deterioration”, “fishery products unfit for human consumption”, “water sold by volume”, “spring water”, “mineral water”, “bottled water”, “water bottling establishment”, “ice making or packaging establishment” and “bottled water dispenser”;

(m)  prohibit or regulate the publicity or advertising used for the commercial promotion of products;

(n)  exempt any person, product, animal, establishment or activity it determines, or a class thereof, from the application of this Act or the regulations, or any provision thereof, on such conditions as it may determine.

1974, c. 35, s. 36; 1975, c. 40, s. 5; 1977, c. 35, s. 11; 1977, c. 5, s. 14; 1981, c. 29, s. 8; 1983, c. 53, s. 6; 1990, c. 80, s. 13; 1993, c. 21, s. 3; 1996, c. 50, s. 9; 1997, c. 68, s. 8.

1996-12-16

40. The Government may, by regulation:

(a)  prescribe rules respecting the sale of a product or the preparation, conditioning, processing, transportation or stamping of a product or the storing of a product with intent to sell it or to give it for promotional purposes or for the furnishing of a service for remuneration;

(a.1)  establish, for the purposes of sanitation, regulations respecting the construction, layout, equipment, location and maintenance of slaughter-houses or establishments, premises or vehicles where operations referred to in paragraph a or operations relating to meat unfit for human consumption are carried out;

(a.2)  determine the equipment and facilities to be used, the procedures to be followed and the standards to be maintained to ensure humane treatment and slaughter of animals in slaughter-houses;

(b)  prohibit or regulate the use, in the production of a product, of substances capable of impairing the quality or wholesomeness of such product;

(c)  prohibit or regulate the sale, storing, transportation, salvaging, distribution, colouring, packaging, labelling, use or disposal of meat unfit for human consumption, the slaughtering of animals in a plant for dismembering animals or the carrying on of operations concerning meat unfit for human consumption stocked by a salvager or by the operator of such a plant;

(c.1)  prohibit or regulate the carrying out of operations relating to fishery products unfit for human consumption kept by a salvager or by the operator of a plant contemplated in subparagraph g of the first paragraph of section 9;

(c.2)  prohibit or regulate, for the purposes of the third paragraph of section 70 of the Act respecting the conservation and development of wildlife (chapter C-61.1), the carrying out of activities relating to any aquatic product it designates and concerning the sale, preparation, processing, keeping, transportation or distribution of the product;

(c.3)  prescribe sanitary inspection of animals in a slaughter-house, before and after they are slaughtered, and of carcasses or parts of such animals, allow any authorized person to prohibit or authorize, on conditions he determines, the slaughtering of animals unfit or suspected, on reasonable grounds, of being unfit for human consumption, authorize the person to seize or confiscate the animals or the carcasses or parts of such animals which are unfit or suspected, on reasonable grounds, of being unfit for human consumption, and regulate the disposal or destination of the animals or of the carcasses or parts of such animals;

(c.4)  prohibit or regulate the carrying out of operations relating to the salvaging of deteriorated food and containers of food;

(c.5)  where the Minister considers it necessary and urgent for the protection of the public in any region he determines, allow an authorized person to enter, at any reasonable time, premises or a vehicle where livestock can be found whose meat or products are intended for human consumption, to inspect the animals and take free samples, to seize or confiscate the animals and products which are unfit or suspected, on reasonable grounds, of being unfit for human consumption, and to prescribe rules governing the seizure, destination or disposal of the animals or products;

(d)  order the sanitary control of animals and prescribe sanitary measures respecting the operation of establishments, premises or vehicles where slaughtering procedures or operations referred to in paragraph a are carried out, and prescribe any appropriate measure to ensure the disposal of waste, regulate waste containers and prevent or avoid the contamination of products;

(e)  establish classes, categories, appellations, qualifiers or designations of products and prohibit any unlawful use thereof, require the grading of products and set standards of composition, form, quality and uniformity, and, in the case of spring water and mineral water, render the prescribed standards applicable from the point of collection;

(e.0.1)  prescribe rules of hygiene concerning ice and bottled water dispensers placed, free of charge, at the disposal of the public;

(e.1)  order the grading of the marine products or fresh water products it determines, prescribe the conditions and modalities of grading and allow the Minister to designate the person responsible for such grading;

(e.2)  require the operator of an establishment, vehicle or premises or any other person carrying on an activity contemplated in subparagraph a, b, e, f, k, l, m, n or p of the first paragraph of section 9 to submit his establishment to a quality control inspection in accordance with the conditions and modalities of operation established by the Minister and prescribe that the person in charge of the inspection is required to be the holder of a certificate issued by the Minister attesting his qualifications to perform that function;

(e.3)  determine, for the purposes of this Act or the regulations, methods which must be used in analyzing the products;

(e.4)  impose standards of personal hygiene to be maintained by any person handling food on premises or in a vehicle referred to in section 33, require that person to undergo such examinations as are necessary to establish that he is not a carrier of germs of diseases that may be communicated by food and, on conditions it determines, prescribe that the person operating the premises or vehicle be the holder of a medical certificate attesting that he is not a carrier of germs of diseases that may be communicated by food;

(e.5)  prohibit a person carrying germs of diseases that may be communicated by food from handling food on premises or in a vehicle referred to in section 33;

(e.6)  require from a person referred to in paragraph e.4 appropriate training in matters of hygiene and cleanliness and that he pass such examinations as are necessary for that purpose;

(f)  determine the terms and conditions of issue or renewal of a permit, prescribe the conditions required of a person bound to hold a permit or to register with the Minister, the documents he must furnish, the books, registers and accounts he must keep and retain, the returns he must furnish, the cases where a permit may be issued for a period of less than 12 months and the duties he must pay depending on the term and the type or category of permit;

(g)  determine the categories of permits and the conditions and restrictions governing each category;

(h)  prescribe any suitable measure calculated to ensure honesty in selling and to avoid or prevent imitations, counterfeits or adulteration;

(i)  prescribe the terms and conditions of inspection, sample taking, seizure and confiscation and establish a model for any certificate, report or minutes drawn up by an authorized person;

(j)  prescribe rules respecting the containers, inscriptions, labelling or packaging of products and the inscriptions which must appear on means of transportation used for transporting products or meat unfit for human consumption;

(j.1)  prescribe, for any type of water referred to in the second paragraph of section 1, the cases and conditions in or on which a person is required to send to the Minister, before or during the marketing of the water, information, documents, samples, analyses or any other thing necessary to verify the accuracy of the information appearing on the label, container or packaging of the water or on a poster relating thereto;

(k)  fix the hours outside which the costs of permanent inspection must be reimbursed to the Government by the holder of a permit to operate an establishment, and determine the terms and conditions of such reimbursement;

(k.1)  prescribe fees for analysis or classification and, where applicable, determine by which persons, for which product, in which cases and on what terms and conditions the fees are payable;

(l)  define, for the purposes of this Act and the regulations, the expressions “plant for dismembering animals”, “meat unfit for human consumption”, “establishment”, “preparation”, “distribution”, “salvaging”, “deterioration”, “fishery products unfit for human consumption”, “water sold by volume”, “spring water”, “mineral water”, “bottled water”, “water bottling establishment”, “ice making or packaging establishment” and “bottled water dispenser”;

(m)  prohibit or regulate the publicity or advertising used for the commercial promotion of products;

(n)  exempt any person, product, animal, establishment or activity it determines, or a class thereof, from the application of this Act or the regulations, or any provision thereof, on such conditions as it may determine.

1974, c. 35, s. 36; 1975, c. 40, s. 5; 1977, c. 35, s. 11; 1977, c. 5, s. 14; 1981, c. 29, s. 8; 1983, c. 53, s. 6; 1990, c. 80, s. 13; 1993, c. 21, s. 3; 1996, c. 50, s. 9.

1993-06-15

40. The Government may, by regulation:

(a)  prescribe rules respecting the sale of a product or the preparation, conditioning, processing, transportation or stamping of a product or the storing of a product with intent to sell it or to give it for promotional purposes or for the furnishing of a service for remuneration;

(a.1)  establish, for the purposes of sanitation, regulations respecting the construction, layout, equipment, location and maintenance of slaughter-houses or establishments, premises or vehicles where operations referred to in paragraph a or operations relating to meat unfit for human consumption are carried out;

(a.2)  determine the equipment and facilities to be used, the procedures to be followed and the standards to be maintained to ensure humane treatment and slaughter of animals in slaughter-houses;

(b)  prohibit or regulate the use, in the production of a product, of substances capable of impairing the quality or wholesomeness of such product;

(c)  prohibit or regulate the sale, storing, transportation, salvaging, distribution, colouring, packaging, labelling, use or disposal of meat unfit for human consumption, the slaughtering of animals in a plant for dismembering animals or the carrying on of operations concerning meat unfit for human consumption stocked by a salvager or by the operator of such a plant;

(c.1)  prohibit or regulate the carrying out of operations relating to fishery products unfit for human consumption kept by a salvager or by the operator of a plant contemplated in subparagraph g of the first paragraph of section 9;

(c.2)  prohibit or regulate, for the purposes of the third paragraph of section 70 of the Act respecting the conservation and development of wildlife (chapter C-61.1), the carrying out of activities relating to any aquatic product it designates and concerning the sale, preparation, processing, keeping, transportation or distribution of the product;

(c.3)  prescribe sanitary inspection of animals in a slaughter-house, before and after they are slaughtered, and of carcasses or parts of such animals, allow any authorized person to prohibit or authorize, on conditions he determines, the slaughtering of animals unfit or suspected, on reasonable grounds, of being unfit for human consumption, authorize the person to seize or confiscate the animals or the carcasses or parts of such animals which are unfit or suspected, on reasonable grounds, of being unfit for human consumption, and regulate the disposal or destination of the animals or of the carcasses or parts of such animals;

(c.4)  prohibit or regulate the carrying out of operations relating to the salvaging of deteriorated food and containers of food;

(c.5)  where the Minister considers it necessary and urgent for the protection of the public in any region he determines, allow an authorized person to enter, at any reasonable time, premises or a vehicle where livestock can be found whose meat or products are intended for human consumption, to inspect the animals and take free samples, to seize or confiscate the animals and products which are unfit or suspected, on reasonable grounds, of being unfit for human consumption, and to prescribe rules governing the seizure, destination or disposal of the animals or products;

(d)  order the sanitary control of animals and prescribe sanitary measures respecting the operation of establishments, premises or vehicles where slaughtering procedures or operations referred to in paragraph a are carried out, and prescribe any appropriate measure to ensure the disposal of waste, regulate waste containers and prevent or avoid the contamination of products;

(e)  establish classes, categories or particular types of products, rule on their composition, form and quality and order their classification;

(e.1)  order the grading of the marine products or fresh water products it determines, prescribe the conditions and modalities of grading and allow the Minister to designate the person responsible for such grading;

(e.2)  require the operator of an establishment, vehicle or premises or any other person carrying on an activity contemplated in subparagraph a, b, e, f, k, l, m, n or p of the first paragraph of section 9 to submit his establishment to a quality control inspection in accordance with the conditions and modalities of operation established by the Minister and prescribe that the person in charge of the inspection is required to be the holder of a certificate issued by the Minister attesting his qualifications to perform that function;

(e.3)  determine, for the purposes of this Act or the regulations, methods which must be used in analyzing the products;

(e.4)  impose standards of personal hygiene to be maintained by any person handling food on premises or in a vehicle referred to in section 33, require that person to undergo such examinations as are necessary to establish that he is not a carrier of germs of diseases that may be communicated by food and, on conditions it determines, prescribe that the person operating the premises or vehicle be the holder of a medical certificate attesting that he is not a carrier of germs of diseases that may be communicated by food;

(e.5)  prohibit a person carrying germs of diseases that may be communicated by food from handling food on premises or in a vehicle referred to in section 33;

(e.6)  require from a person referred to in paragraph e.4 appropriate training in matters of hygiene and cleanliness and that he pass such examinations as are necessary for that purpose;

(f)  determine the terms and conditions of issue or renewal of a permit, prescribe the conditions required of a person bound to hold a permit or to register with the Minister, the documents he must furnish, the books, registers and accounts he must keep and retain, the returns he must furnish, the cases where a permit may be issued for a period of less than 12 months and the duties he must pay depending on the term and the type or category of permit;

(g)  determine the categories of permits and the conditions and restrictions governing each category;

(h)  prescribe any suitable measure calculated to ensure honesty in selling and to avoid or prevent imitations, counterfeits or adulteration;

(i)  prescribe the terms and conditions of inspection, sample taking, seizure and confiscation and establish a model for any certificate, report or minutes drawn up by an authorized person;

(j)  prescribe rules respecting the containers, inscriptions, labelling or packaging of products and the inscriptions which must appear on means of transportation used for transporting products or meat unfit for human consumption;

(k)  fix the hours outside which the costs of permanent inspection must be reimbursed to the Government by the holder of a permit to operate an establishment, and determine the terms and conditions of such reimbursement;

(k.1)  prescribe fees for analysis or classification and, where applicable, determine by which persons, for which product, in which cases and on what terms and conditions the fees are payable;

(l)  define, for the purposes of this Act and the regulations, the expressions “plant for dismembering animals”, “meat unfit for human consumption”, “establishment”, “preparation”, “distribution”, “salvaging”, “deterioration” and “fishery products unfit for human consumption”;

(m)  prohibit or regulate the publicity or advertising used for the commercial promotion of products;

(n)  exempt any person, product, animal, establishment or activity it determines, or a class thereof, from the application of this Act or the regulations, or any provision thereof, on such conditions as it may determine.

1974, c. 35, s. 36; 1975, c. 40, s. 5; 1977, c. 35, s. 11; 1977, c. 5, s. 14; 1981, c. 29, s. 8; 1983, c. 53, s. 6; 1990, c. 80, s. 13; 1993, c. 21, s. 3.

1990-12-20

40. The Government may, by regulation:

(a)  prescribe rules respecting the sale of a product or the preparation, conditioning, processing, transportation or stamping of a product or the storing of a product with intent to sell it or to give it for promotional purposes or for the furnishing of a service for remuneration;

(a.1)  establish, for the purposes of sanitation, regulations respecting the construction, layout, equipment, location and maintenance of slaughter-houses or establishments, premises or vehicles where operations referred to in paragraph a or operations relating to meat unfit for human consumption are carried out;

(a.2)  determine the equipment and facilities to be used, the procedures to be followed and the standards to be maintained to ensure humane treatment and slaughter of animals in slaughter-houses;

(b)  prohibit or regulate the use, in the production of a product, of substances capable of impairing the quality or wholesomeness of such product;

(c)  prohibit or regulate the sale, storing, transportation, salvaging, distribution, colouring, packaging, labelling, use or disposal of meat unfit for human consumption, the slaughtering of animals in a plant for dismembering animals or the carrying on of operations concerning meat unfit for human consumption stocked by a salvager or by the operator of such a plant;

(c.1)  prohibit or regulate the carrying out of operations relating to fishery products unfit for human consumption kept by a salvager or by the operator of a plant contemplated in subparagraph g of the first paragraph of section 9;

(c.2)  prohibit or regulate, for the purposes of the third paragraph of section 70 of the Act respecting the conservation and development of wildlife (chapter C-61.1), the carrying out of activities relating to any aquatic product it designates and concerning the sale, preparation, processing, keeping, transportation or distribution of the product;

(c.3)  prescribe sanitary inspection of animals in a slaughter-house, before and after they are slaughtered, and of carcasses or parts of such animals, allow any authorized person to prohibit or authorize, on conditions he determines, the slaughtering of animals unfit or suspected, on reasonable grounds, of being unfit for human consumption, authorize the person to seize or confiscate the animals or the carcasses or parts of such animals which are unfit or suspected, on reasonable grounds, of being unfit for human consumption, and regulate the disposal or destination of the animals or of the carcasses or parts of such animals;

(c.4)  prohibit or regulate the carrying out of operations relating to the salvaging of deteriorated food and containers of food;

(c.5)  where the Minister considers it necessary and urgent for the protection of the public in any region he determines, allow an authorized person to enter, at any reasonable time, premises or a vehicle where livestock can be found whose meat or products are intended for human consumption, to inspect the animals and take free samples, to seize or confiscate the animals and products which are unfit or suspected, on reasonable grounds, of being unfit for human consumption, and to prescribe rules governing the seizure, destination or disposal of the animals or products;

(d)  order the sanitary control of animals and prescribe sanitary measures respecting the operation of establishments, premises or vehicles where slaughtering procedures or operations referred to in paragraph a are carried out, and prescribe any appropriate measure to ensure the disposal of waste, regulate waste containers and prevent or avoid the contamination of products;

(e)  establish classes, categories or particular types of products, rule on their composition, form and quality and order their classification;

(e.1)  order the grading of the marine products or fresh water products it determines, prescribe the conditions and modalities of grading and allow the Minister to designate the person responsible for such grading;

(e.2)  require the operator of an establishment, vehicle or premises or any other person carrying on an activity contemplated in subparagraph a, b, e, f, k, l, m, n or p of the first paragraph of section 9 to submit his establishment to a quality control inspection in accordance with the conditions and modalities of operation established by the Minister and prescribe that the person in charge of the inspection is required to be the holder of a certificate issued by the Minister attesting his qualifications to perform that function;

(e.3)  determine, for the purposes of this Act or the regulations, methods which must be used in analyzing the products;

(e.4)  impose standards of personal hygiene to be maintained by any person handling food on premises or in a vehicle referred to in section 33, require that person to undergo such examinations as are necessary to establish that he is not a carrier of germs of diseases that may be communicated by food and, on conditions it determines, prescribe that the person operating the premises or vehicle be the holder of a medical certificate attesting that he is not a carrier of germs of diseases that may be communicated by food;

(e.5)  prohibit a person carrying germs of diseases that may be communicated by food from handling food on premises or in a vehicle referred to in section 33;

(e.6)  require from a person referred to in paragraph e.4 appropriate training in matters of hygiene and cleanliness and that he pass such examinations as are necessary for that purpose;

(f)  determine the terms and conditions of issue or renewal of a permit, prescribe the conditions required of a person bound to hold a permit or to register with the Minister, the documents he must furnish, the books, registers and accounts he must keep and retain, the returns he must furnish and the dues he must pay;

(g)  determine the categories of permits and the conditions and restrictions governing each category;

(h)  prescribe any suitable measure calculated to ensure honesty in selling and to avoid or prevent imitations, counterfeits or adulteration;

(i)  prescribe the terms and conditions of inspection, sample taking, seizure and confiscation and establish a model for any certificate, report or minutes drawn up by an authorized person;

(j)  prescribe rules respecting the containers, inscriptions, labelling or packaging of products and the inscriptions which must appear on means of transportation used for transporting products or meat unfit for human consumption;

(k)  fix the hours outside which the costs of permanent inspection must be reimbursed to the Government by the holder of a permit to operate an establishment, and determine the terms and conditions of such reimbursement;

(k.1)  prescribe fees for analysis or classification and, where applicable, determine by which persons, for which product, in which cases and on what terms and conditions the fees are payable;

(l)  define, for the purposes of this Act and the regulations, the expressions “plant for dismembering animals”, “meat unfit for human consumption”, “establishment”, “preparation”, “distribution”, “salvaging”, “deterioration” and “fishery products unfit for human consumption”;

(m)  rule on the publicity or advertising used for the commercial promotion of products;

(n)  exempt any person, product, animal, establishment or activity it determines, or a class thereof, from the application of this Act or the regulations, or any provision thereof, on such conditions as it may determine.

1974, c. 35, s. 36; 1975, c. 40, s. 5; 1977, c. 35, s. 11; 1977, c. 5, s. 14; 1981, c. 29, s. 8; 1983, c. 53, s. 6; 1990, c. 80, s. 13.

1983-12-22

40. The Government may, by regulation:

(a)  prescribe rules respecting the sale of a product or the preparation, conditioning, processing or keeping of a product for sale or for the furnishing of a service for remuneration;

(a.1)  establish, for the purposes of sanitation, regulations respecting the construction, layout and equipment of establishments or vehicles where the operations contemplated in paragraph a are carried out;

(b)  prohibit or regulate the use, in the production of a product, of substances capable of impairing the quality or wholesomeness of such product;

(c)  prohibit or regulate the slaughtering of animals in a plant for dismembering animals or the carrying on of operations concerning meat unfit for human consumption stocked by a salvager or by the operator of such a plant;

(c.1)  prohibit or regulate the carrying out of operations relating to fishery products unfit for human consumption kept by a salvager or by the operator of a plant contemplated in subparagraph g of the first paragraph of section 9;

(c.2)  prohibit or regulate, for the purposes of the third paragraph of section 70 of the Act respecting the conservation and development of wildlife (chapter C-61.1), the carrying out of activities relating to any aquatic product it designates and concerning the sale, preparation, processing, keeping, transportation or distribution of the product;

(d)  order the sanitary control of animals and prescribe sanitary measures respecting the preparation, preservation and handling of a product;

(e)  establish classes, categories or particular types of products, rule on their composition, form and quality and order their classification;

(e.1)  order the grading of the marine products or fresh water products it determines, prescribe the conditions and modalities of grading and allow the Minister to designate the person responsible for such grading;

(e.2)  require the operator of an establishment contemplated in subparagraph a, b, e or f of the first paragraph of section 9 to submit his establishment to a quality control inspection in accordance with the conditions and modalities of operation established by the Minister and prescribe that the person in charge of the inspection is required to be the holder of a certificate issued by the Minister attesting his qualifications to perform that function;

(f)  determine the terms and conditions of issue or renewal of a permit, prescribe the conditions required of a person bound to hold a permit or to register with the Minister, the documents he must furnish, the books, registers and accounts he must keep, the returns he must furnish and the dues he must pay;

(g)  determine the categories of permits and the conditions and restrictions governing each category;

(h)  prescribe any suitable measure calculated to ensure honesty in selling and to avoid or prevent imitations, counterfeits or adulteration;

(i)  prescribe the terms and conditions of inspection, sample taking, seizure and confiscation and establish a model for any certificate, report or minutes drawn up by an authorized person;

(j)  prescribe rules respecting the containers, inscriptions, labelling or packaging of products;

(k)  fix the hours outside which the costs of permanent inspection must be reimbursed to the Government by the holder of a permit to operate an establishment, and determine the terms and conditions of such reimbursement;

(l)  define, for the purposes of this Act and the regulations, the expressions “plant for dismembering animals”, “meat unfit for human consumption”, “establishment”, “preparation” and “fishery products unfit for human consumption”;

(m)  rule on the publicity or advertising used for the commercial promotion of products.

1974, c. 35, s. 36; 1975, c. 40, s. 5; 1977, c. 35, s. 11; 1977, c. 5, s. 14; 1981, c. 29, s. 8; 1983, c. 53, s. 6.

1981-12-19

40. The Government may, by regulation:

(a)  prescribe rules respecting the sale of a product or the preparation, conditioning, processing or keeping of a product for sale or for the furnishing of a service for remuneration;

(a.1)  establish, for the purposes of sanitation, regulations respecting the construction, layout and equipment of establishments or vehicles where the operations contemplated in paragraph a are carried out;

(b)  prohibit or regulate the use, in the production of a product, of substances capable of impairing the quality or wholesomeness of such product;

(c)  prohibit or regulate the slaughtering of animals in a plant for dismembering animals or the carrying on of operations concerning meat unfit for human consumption stocked by a salvager or by the operator of such a plant;

(d)  order the sanitary control of animals and prescribe sanitary measures respecting the preparation, preservation and handling of a product;

(e)  establish classes, categories or particular types of products, rule on their composition, form and quality and order their classification;

(e.1)  order the grading of marine products, prescribe the conditions and modalities of grading and allow the Minister to designate the person responsible for such grading;

(f)  determine the terms and conditions of issue or renewal of a permit, prescribe the conditions required of a person bound to hold a permit or to register with the Minister, the documents he must furnish, the books, registers and accounts he must keep, the returns he must furnish and the dues he must pay;

(g)  determine the categories of permits and the conditions and restrictions governing each category;

(h)  prescribe any suitable measure to avoid or prevent imitations, counterfeits or adulteration;

(i)  prescribe the terms and conditions of sample taking, seizure and confiscation;

(j)  prescribe rules respecting the containers, inscriptions, labelling or packaging of products;

(k)  fix the hours outside which the costs of permanent inspection must be reimbursed to the Government by the holder of a permit to operate an establishment, and determine the terms and conditions of such reimbursement;

(l)  define, for the purposes of this act and the regulations, the expressions “plant for dismembering animals” and “meat unfit for human consumption”;

(m)  rule on the publicity or advertising used for the commercial promotion of products.

1974, c. 35, s. 36; 1975, c. 40, s. 5; 1977, c. 35, s. 11; 1977, c. 5, s. 14; 1981, c. 29, s. 8.

1977-12-31

40. The Government may, by regulation:

(a)  prescribe rules respecting the preparation, conditioning, processing, keeping for sale or sale of a product;

(b)  prohibit or regulate the use, in the production of a product, of substances capable of impairing the quality or wholesomeness of such product;

(c)  prohibit or regulate the slaughtering of animals in a plant for dismembering animals or the carrying on of operations concerning meat unfit for human consumption stocked by a salvager or by the operator of such a plant;

(d)  order the sanitary control of animals and prescribe sanitary measures respecting the preparation, preservation and handling of a product;

(e)  establish classes, categories or particular types of products, rule on their composition, form and quality and order their classification;

(f)  determine the terms and contitions of issue or renewal of a permit, prescribe the conditions required of a person bound to hold a permit or to register with the Minister, the documents he must furnish, the books, registers and accounts he must keep, the returns he must furnish and the dues he must pay;

(g)  determine the categories of permits and the conditions and restrictions governing each category;

(h)  prescribe any suitable measure to avoid or prevent imitations, counterfeits or adulteration;

(i)  prescribe the terms and conditions of sample taking, seizure and confiscation;

(j)  prescribe rules respecting the containers, inscriptions, labelling or packaging of products;

(k)  fix the hours outside which the costs of permanent inspection must be reimbursed to the Government by the holder of a permit to operate an establishment, and determine the terms and conditions of such reimbursement;

(l)  define, for the purposes of this act and the regulations, the expressions “plant for dismembering animals” and “meat unfit for human consumption”;

(m)  rule on the publicity or advertising used for the commercial promotion of products.

1974, c. 35, s. 36; 1975, c. 40, s. 5; 1977, c. 35, s. 11; 1977, c. 5, s. 14.