p-29 - Food Products Act

À jour au 1^er avril 1999

Ce document a valeur officielle.

chapter P-29

The Agricultural Products, Marine Products and Food Act

1981, c. 29, s. 1.

DIVISION I DEFINITIONS AND APPLICATION

1. In this Act, unless the context indicates a different meaning, the following expressions mean:

(a)  “agricultural product” : a foodstuff of animal or vegetable origin, including unharvested foodstuffs;

(a.1)  “marine product” : any fish, shellfish or crustacean able to live in a marine environment and any echinoderm, including parts of such animals and the products or by-products derived therefrom;

(a.2)  “fresh water product” : any fish, shellfish or crustacean unable to live in a marine environment and any batrachian, including parts of such animals and the products or by-products derived therefrom;

(b)  “food” : anything which may be used to feed man or animals, including beverages other than alcoholic beverages within the meaning of the Act respecting the Société des alcools du Québec (chapter S-13);

(b.1)  “ice” : the ice used for the preparation or preservation of food, intended for human consumption or intended to come into contact with food, with water subject to the Regulation respecting drinking water made under the Environment Quality Act (chapter Q-2) or with any alcoholic beverage within the meaning of the Act respecting the Société des alcools du Québec;

(c)  “product” : an agricultural product, a marine product, a fresh water product or food;

(d)  “permit” : a permit issued under this Act;

(e)  (paragraph repealed);

(f)  “authorized person” : a person referred to in section 32;

(g)  “Minister” : the Minister of Agriculture, Fisheries and Food;

(h)  “retail” : any sale of products, excluding meals or refreshments, to a purchaser or to a user for consumption or use but not for resale;

(i)  “wholesale” : any sale of products to a purchaser for resale, standing or after preparation, conditioning or processing;

(j)  “retailer” : any person engaged in retail;

(k)  “restaurateur” : any person who serves or sells meals or refreshments for consumption, for a consideration, the operator of a teaching establishment or of any establishment governed by the Act respecting correctional services (chapter S-4.01), the Act respecting health services and social services (chapter S-4.2), the Act respecting health services and social services for Cree Native persons (chapter S-5), the Government or the Government departments and agencies.

For the purposes of this Act, bottled water, water sold by volume, water intended for bottling or sale by volume and water used or intended for use in the preparation or preservation of food, to the extent that such food or such water is intended for human consumption for promotional or commercial purposes, are considered to be food. Ice is also considered to be food.

1974, c. 35, s. 1; 1977, c. 35, s. 1; 1977, c. 5, s. 14; 1979, c. 77, s. 21; 1981, c. 29, s. 2; 1983, c. 53, s. 1; 1990, c. 80, s. 1; 1991, c. 43, s. 22; 1992, c. 21, s. 209; 1994, c. 23, s. 23; 1996, c. 50, s. 1; 1997, c. 75, s. 47.

2. This Act does not apply to dairy products or substitutes within the meaning of the Dairy Products and Dairy Products Substitutes Act (chapter P-30).

1974, c. 35, s. 2; 1981, c. 29, s. 3.

DIVISION II GENERAL PROVISIONS

3. No person shall prepare, keep for sale or for the furnishing of a service for remuneration, offer for sale or leave on consignment, sell, give for promotional purposes, transport, cause to be transported or accept for transportation any product intended for human consumption that is unfit for human consumption or that is deteriorated so that it is unfit for human consumption, or that does not meet the requirements of this Act and the regulations.

1974, c. 35, s. 3; 1981, c. 29, s. 4; 1990, c. 80, s. 2.

3.1. Every person operating premises or a vehicle where products are prepared, conditioned, processed, packaged, stored, unloaded, given for promotional purposes, offered for sale or sold, or where products are stored to be sold, used to furnish services for remuneration or given for promotional purposes, and every operator of premises where animals are slaughtered, shall maintain the premises and equipment clean.

The operator shall avoid any plant layout or design, any preparation, conditioning or processing procedure or any use of equipment that is likely to affect the wholesomeness of the products or the cleanliness of the premises.

1990, c. 80, s. 3.

4. No person shall use on a product, its container, label or package, in a document respecting the advertising, keeping, handling or distribution of a product for sale, any indication which could lead the purchaser to be confused as to the source, nature or quality of the product.

1974, c. 35, s. 4.

5. Every person operating a slaughter-house or packing-house, or engaged in the manufacture, preparation, conditioning, selling or storing of food must immediately discard every product that is unfit for human consumption or deteriorated so that it is unfit for human consumption.

Every such person must also immediately discard any unfit or insalubrious equipment.

1975, c. 40, s. 1; 1977, c. 35, s. 2; 1986, c. 95, s. 239.

6. The Government may approve the stamp that may be affixed to a product, or to its label or package, prescribe the conditions of use of such stamp, and prohibit the making, copying, keeping or use thereof as well as the making, copying, keeping or use of any other stamp, except in the cases it determines.

1975, c. 40, s. 1; 1977, c. 35, s. 3.

7. The Government may prescribe the conditions respecting the origin of products stocked or used by the operator or user of an establishment, vehicle or premises or by any other person carrying on an activity contemplated in subparagraphs a, b, e, f, k, l, l.1 or m to p of the first paragraph of section 9 or by a retailer or a restaurateur and prohibit, except in such cases as it may determine, the stocking or use of any product not in conformity with such conditions or with the stamp regulations.

1977, c. 35, s. 4; 1977, c. 5, s. 14; 1983, c. 53, s. 2; 1990, c. 80, s. 4.

DIVISION III REGISTRATION AND PERMITS

8. The Government may, by regulation, to the extent and on the terms and conditions it determines, order any person engaged in 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 to register with the Minister.

1974, c. 35, s. 5; 1981, c. 29, s. 5.

9. No person shall, without holding a permit in force:

(a)  operate a slaughter-house;

(b)  operate a plant for the preparation, conditioning or processing, for wholesale, of meat or meat products intended for human consumption;

(c)  operate a plant for dismembering animals;

(d)  unless already holding a permit to operate a plant for dismembering animals, salvage meat unfit for human consumption;

(e)  operate a processing factory or a packing-house for the purposes of sale at wholesale, by the operator or the person retaining his services for remuneration, of marine products intended for human consumption;

Not in force

(f)  operate a processing factory or a packing-house for the purposes of sale at wholesale, by the operator or the person retaining his services for remuneration, of fresh water products intended for human consumption;

Not in force

(g)  operate a plant for the processing of fishery products unfit for human consumption;

Not in force

(h)  unless already holding a permit to operate a plant contemplated in subparagraph g, salvage fishery products unfit for human consumption;

Not in force

(i)  operate a warehouse for the stocking of bait used by a fisherman who supplies an establishment contemplated in subparagraph e or f;

Not in force

(j)  operate a plant of or the making or storing of ice used by the operator of an establishment contemplated in subparagraph e or f or by a fisherman who supplies such an establishment;

Not in force

(k)  operate an establishment where agricultural products of vegetable origin intended for human consumption are prepared or stored for commercial distribution;

Not in force

(l)  operate an establishment where food intended for human consumption is prepared or stored for commercial distribution, where such food differs from the types of food described in subparagraph b, e, f or k, or in the case of several types of food, or where such food is a mixture of several types of food;

Not in force

(l.1)  engage in the commercial distribution of food intended for human consumption, unless he is the holder of a permit required under subparagraph a, b, e, f, k or l;

(m)  operate premises or a vehicle where food intended for human consumption is prepared to be sold at retail or used to furnish services for remuneration;

(n)  operate premises or a vehicle where an activity forming part of a restaurateur’s business is carried on;

Not in force

(o)  use premises where food intended for human consumption is prepared or stored to be given for promotional purposes;

Not in force

(p)  salvage, for commercial purposes, deteriorated food and containers of food intended for human consumption.

Subparagraphs a and b of this section do not apply to a person operating a plant registered under the Meat Inspection Act (Revised Statutes of Canada, 1985, chapter 25, 1st Supplement).

Subparagraph a of this section does not apply to a person who, on 14 June 1977, operates a slaughter-house used exclusively for supplying his plant for the preparation, for retail, of meat or meat products derived from the animals slaughtered in his slaughter-house. However, such person loses such exemption on ceasing, definitively or for a period of at least twelve consecutive months, to operate his slaughter-house.

1974, c. 35, s. 6; 1975, c. 40, s. 2; 1977, c. 35, s. 5; 1981, c. 29, s. 6; 1983, c. 53, s. 3; 1984, c. 6, s. 1; 1985, c. 28, s. 1; 1990, c. 80, s. 5.

10. Every person who applies for a permit shall send his application to the Minister.

The Minister shall issue the permit if the applicant fulfils the conditions determined and pays the duties fixed by regulation.

No permit shall be issued unless, in the opinion of the Minister, the intended operations of the person applying for the permit are in the public interest. The Minister shall, for such purpose, impose any necessary condition or restriction he determines and indicate it on the permit.

For the application of the third paragraph, in addition to factors related to health and hygiene, the Minister may take into account, in the case of a permit prescribed by subparagraphs e and f of the first paragraph of section 9, factors of a socio-economic nature, including in particular the sources of supply, the rationalization, stabilization or viability of the industry, technological innovations, regional development, marketing conditions or public investment. This paragraph applies also to any permit prescribed by subparagraph l of the first paragraph of section 9 where such permit is required for the preparation or storing of food containing marine products or fresh water products.

1974, c. 35, s. 7; 1975, c. 40, s. 3; 1977, c. 35, s. 6; 1990, c. 80, s. 6; 1993, c. 53, s. 1.

11. Every permit expires 12 months after its issue; it may be renewed on the conditions determined by regulation.

When renewing a permit the Minister may take into account the public interest factors referred to in the fourth paragraph of section 10 and change any condition or restriction imposed at the time the permit was issued or impose any necessary condition or restriction that he determines. He shall indicate such change, condition or restriction on the permit.

The Minister may, however, issue a permit for a shorter period if he considers it required in the public interest taking into account the factors referred to in the fourth paragraph of section 10 or in the cases prescribed by regulation.

1974, c. 35, s. 8; 1975, c. 40, s. 4; 1977, c. 35, s. 7; 1993, c. 21, s. 1; 1993, c. 53, s. 2.

11.1. The Minister may, for scientific or experimental purposes, issue, for the period indicated by the Minister, an authorization allowing a person to disregard a provision of the first paragraph of section 9 or of a regulation made under any of paragraphs a to c.4, d to e.3, e.6 to h and j to l of section 40.

The holder of the authorization must comply with the conditions determined therein by the Minister.

1997, c. 68, s. 1.

11.2. The Minister may revoke the authorization of a holder who fails to comply with the conditions set out therein.

1997, c. 68, s. 1.

12. The rights granted under a permit cannot be validly transferred to another person.

1974, c. 35, s. 9.

13. The permit holder shall post his permit in the establishment or vehicle or on the premises at a place where it can easily be seen by the public.

1974, c. 35, s. 10; 1990, c. 80, s. 7.

14. The Minister shall notify, in writing, the person to whom he refuses to issue a permit, stating the reasons for his refusal.

1974, c. 35, s. 11.

DIVISION IV SUSPENSION, CANCELLATION, REFUSAL TO RENEW A PERMIT: PROCEEDING BEFORE THE ADMINISTRATIVE TRIBUNAL OF QUÉBEC

1997, c. 43, s. 438.

15. The Minister may suspend, cancel or refuse to renew the permit of any holder:

(a)  who has been convicted of an offence against this Act or the regulations;

(b)  who ceases to comply with the conditions required for obtaining his permit;

(b.1)  who fails to comply with a condition or restriction indicated on his permit;

(c)  who has ceased operations definitively or for at least ten consecutive months.

1974, c. 35, s. 12; 1977, c. 35, s. 8; 1990, c. 80, s. 8.

16. The Minister, before declaring a permit cancelled, suspended or not renewed, must notify the holder in writing as prescribed by section 5 of the Act respecting administrative justice (chapter J-3) and allow the holder at least 10 days to present observations. He shall also give his decision in writing together with the reasons therefor to the person whose permit he suspends, cancels or does not renew.

1974, c. 35, s. 13; 1997, c. 43, s. 439.

17. Any person whose permit is suspended, cancelled or not renewed may contest the decision of the Minister before the Administrative Tribunal of Québec within 30 days of notification of the decision.

1974, c. 35, s. 14; 1988, c. 21, s. 66; 1996, c. 50, s. 4; 1997, c. 43, s. 440.

18. (Repealed).

1974, c. 35, s. 15; 1988, c. 21, s. 66; 1997, c. 43, s. 441.

19. (Repealed).

1974, c. 35, s. 16; 1988, c. 21, s. 66; 1997, c. 43, s. 441.

20. (Repealed).

1974, c. 35, s. 17; 1992, c. 61, s. 448; 1997, c. 43, s. 441.

21. (Repealed).

1974, c. 35, s. 18; 1988, c. 21, s. 66; 1997, c. 43, s. 441.

22. (Repealed).

1974, c. 35, s. 19; 1988, c. 21, s. 66; 1997, c. 43, s. 441.

23. (Repealed).

1974, c. 35, s. 20; 1997, c. 43, s. 441.

24. (Repealed).

1974, c. 35, s. 21; 1997, c. 43, s. 441.

25. (Repealed).

1974, c. 35, s. 22; 1997, c. 43, s. 441.

26. (Repealed).

1974, c. 35, s. 23; 1997, c. 43, s. 441.

27. (Repealed).

1974, c. 35, s. 24; 1997, c. 43, s. 441.

28. (Repealed).

1974, c. 35, s. 25; 1997, c. 43, s. 441.

29. (Repealed).

1974, c. 35, s. 26; 1997, c. 43, s. 441.

30. (Repealed).

1974, c. 35, s. 27; 1988, c. 21, s. 66; 1997, c. 43, s. 441.

DIVISION V INSPECTIONS AND SEIZURES

31. The Minister may, by order, according to the criteria, terms and conditions determined by regulation:

(a)  establish stations for the inspection or classification of products, prescribe their terms and conditions of operation and order that every product which he determines, from a territory which he designates or intended for such a territory, be inspected or classified, according to the standards fixed by regulation, at one or other of such stations;

(b)  temporarily suspend the provisions of a regulation respecting classes, categories or particular types of products.

The order must be published in the Gazette officielle du Québec with notice of the date on which it will become effective and, as the case may be, of that on which it will cease to have effect.

1974, c. 35, s. 28.

32. The Minister shall appoint the inspectors, analysts or other agents necessary for the carrying into effect of this Act and shall provide for the remuneration of such persons among them who are not appointed and remunerated according to the Public Service Act (chapter F-3.1.1).

Such persons shall also see to the carrying out of the legislative and regulatory provisions of the Tourist Establishments Act (chapter E-15.1) which are under the responsibility of the Minister by virtue of section 55 of the said Act.

1974, c. 35, s. 29; 1978, c. 15, s. 140; 1983, c. 55, s. 161; 1993, c. 21, s. 2.

32.1. Every authorized person may, in exercising his power of inspection, require of any person subject to this Act or the regulations the documents or information necessary to ascertain that a product is in conformity with the provisions of this Act or the regulations.

The person must furnish the documents or information to the authorized person within such reasonable time as is fixed by the authorized person.

1996, c. 50, s. 7.

33. Every authorized person who believes, on reasonable grounds, that there are products or other objects to which this Act applies in premises where a product is prepared, packed, processed, packaged, stored, unloaded, given for philanthropic or promotional purposes, offered for sale or sold, kept for sale or for providing services for remuneration or to be given for philanthropic or promotional purposes, where ice or a bottled water dispenser is placed at the public’s disposal or where a stamp referred to in section 6 is manufactured, reproduced, kept or used or on premises where animals are slaughtered may, in the performance of his duties,

(1)  enter such premises at any reasonable time;

(2)  inspect the premises, equipment and any product or other object to which this Act applies and take samples free of charge;

(3)  stop any vehicle in which such a product is transported and inspect it;

(4)  take photographs of the product, object, premises or equipment;

(5)  require communication of any book, bill of lading or any other document or record if he believes, on reasonable grounds, that it contains information relevant to the administration of this Act or the regulations for examination, reproduction or for obtaining extracts therefrom;

(6)  use any appropriate technical device to prevent operations by any permit holder outside the operating hours fixed under section 34.

1974, c. 35, s. 30; 1977, c. 35, s. 9; 1981, c. 29, s. 7; 1983, c. 53, s. 4; 1986, c. 95, s. 240; 1990, c. 80, s. 9; 1996, c. 50, s. 8.

33.1. Every authorized person may seize any product or other object to which this Act applies if he believes, on reasonable grounds, that an offence against this Act or the regulations has been committed in relation to or by means of such product or object or that the product is unfit for human consumption or is deteriorated so that it is unfit for human consumption.

1986, c. 95, s. 240; 1990, c. 80, s. 10.

33.1.1. The Minister may, if considered appropriate by the Minister, authorize, upon application, the owner of a seized product or the person who had possession of it to subject the product to an operation or treatment to ensure the safety of the product.

The application shall be made in writing to the Minister not later than 30 days after the date of the seizure and shall include

(1)  a detailed description of the proposed operation or treatment to which the product is to be subjected;

(2)  the duration of the operation or treatment and the date on which the operation or treatment is scheduled to be carried out;

(3)  an undertaking to pay the costs of the operation or treatment and to repay to the Government the costs of the examination of the application and, where applicable, the costs incurred by the Ministère de l’Agriculture, des Pêcheries et de l’Alimentation for analysis, inspection or assessment in relation to an authorized operation or treatment and for the verification of the safety of the product after the operation or treatment.

The authorization shall be granted by the Minister, in particular with respect to the packaging, labelling, transportation, sale or transfer of the product, subject to the conditions determined by the Minister.

1997, c. 68, s. 2.

33.1.2. Where the holder of the authorization furnishes, to the satisfaction of the Minister, proof that establishes the safety of the product subjected to an operation or treatment or of any product containing such a product, the Minister shall certify that fact in writing.

The seizure is lifted on the date of receipt of the safety certificate. The product treated may then be used for human consumption in accordance with such conditions as may be determined by the Minister.

1997, c. 68, s. 2.

33.1.3. Where the holder of an authorization fails to comply with any of the conditions set out therein, the Minister may revoke the authorization. Revocation of the authorization entails the obligation for the holder to destroy the product, at the holder’s expense, within the time limit and in accordance with the instructions determined by the Minister. If the holder fails to do so, the Minister shall destroy the product in the holder’s place and at the holder’s expense.

1997, c. 68, s. 2.

33.1.4. The Minister may designate a person to exercise the powers provided for in sections 33.1.1 to 33.1.3.

1997, c. 68, s. 2.

33.2. The owner or person who had possession of the thing seized shall have custody of the thing. Every authorized person may, however, if he considers it advisable, remove it to other premises for purposes of safekeeping. In addition, the custodian shall have custody of the things seized and submitted in evidence, unless the judge to whom they were submitted in evidence decides otherwise.

The thing seized shall be detained until a decision is made under section 33.1.2, 33.1.3, 33.3, 33.4, 33.5, 33.7, 33.8 or 33.9 or, if proceedings are instituted, until a judge has decided by judgment.

1986, c. 95, s. 240; 1992, c. 61, s. 449; 1997, c. 68, s. 3.

33.3. The thing seized shall be returned to the owner or person who had possession of it

(1)  after the expiration of 90 days from the date of seizure, unless proceedings have been instituted or an authorization has been granted under section 33.1.1; or

(2)  when the authorized person is of opinion, after verification during that time, that no offence against this Act or the regulations has been committed or that the owner or person who had possession of the thing seized has, since the seizure, complied with the provisions of this Act or the regulations.

1986, c. 95, s. 240; 1997, c. 68, s. 4.

33.3.1. No person may use, sell or dispose of a product for which an authorization to proceed with an operation or a treatment to ensure the safety of the product has been granted, except in the manner set out in the authorization, until the holder of the authorization obtains a safety certificate.

1997, c. 68, s. 5.

33.4. The owner or person who had possession of the thing seized may, at any time, apply to a judge to obtain the release of the thing, except where the owner or person has applied for an authorization under section 33.1.1.

The application shall be served on the seizor or, if proceedings have been instituted, on the prosecutor.

The judge shall grant the application if he is satisfied that the applicant will suffer serious or irreparable damage if detention of the seized thing is maintained and its release will not hinder the course of justice.

1986, c. 95, s. 240; 1992, c. 61, s. 450; 1997, c. 68, s. 6.

33.5. Every thing that has been seized shall be confiscated 90 days after the day it was seized if its owner or the person who had possession of it is unknown or cannot be found, and shall be disposed of as the Minister may direct.

1986, c. 95, s. 240.

33.6. A judge may, on the application of the seizor, order that the period of detention be prolonged for a maximum of 90 days.

1986, c. 95, s. 240; 1992, c. 61, s. 450.

33.7. Upon pronouncing a conviction for an offence under a provision of this Act or the regulations thereunder, a judge may, on the application of either party and where a seizure has been made under section 33.1, order the confiscation of the thing seized.

Prior notice of the application for confiscation shall be given to the other party and to the person from whom the thing was seized, except where they are in the presence of the judge.

The Minister shall prescribe the manner of disposing of the thing confiscated under this section.

1986, c. 95, s. 240; 1992, c. 61, s. 451.

33.8. Every authorized person who believes, on reasonable grounds, that a product is unfit for human consumption or deteriorated so that it is unfit for human consumption may, whether or not the product has been seized, require that it be destroyed by the person having possession of it by giving that person notice to that effect by way of a writing given to him or to his representative or employee or sent to him by registered mail at his business address.

The destruction must be carried out under the supervision of the authorized person.

Any product unfit for human consumption or deteriorated so that it is unfit for human consumption which has not been destroyed in accordance with this section shall be confiscated by the authorized person and destroyed at the expense of the person having possession of the product as the Minister may direct.

1986, c. 95, s. 240.

33.9. Every authorized person who believes, on reasonable grounds, that a product is otherwise not in conformity with this Act or the regulations may apply to a judge or court for an order requiring the person having custody of the product to destroy it under his supervision, whether the product has been seized or not.

1986, c. 95, s. 240.

33.10. The Minister may order the operator of premises contemplated in section 33 to cease operations in the premises, or to restrict them as he determines, for 30 days or less, where in his opinion they are an immediate source of danger to the life or health of consumers.

The order shall state the grounds for the Minister’s decision, refer to any minutes, analysis or survey report or other technical report on which his order is based and advise the operator that he may obtain a copy of any such document on request.

The order takes effect upon its service on the operator of the premises.

1987, c. 62, s. 1; 1990, c. 80, s. 11.

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 served personally or on any person responsible for an establishment, on any person who engages in the preparation, production, conditioning, packaging, supplying or distribution of the product, order him to recall the product to his establishment and to retain it or dispose of it within the time limit and in accordance with the conditions determined by the Minister.

The person concerned by the order 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.

The order takes effect on the date it is served.

1990, c. 80, s. 12; 1997, c. 68, s. 7.

33.12. The person to whom an order referred to in section 33.8, 33.10 or 33.11 is notified without prior notice because, in the opinion of the Minister or the authorized person, urgent action is required or there is a danger of irreparable damage being caused, may, within the time specified in the order, present observations so that the order may be reviewed by the Minister or the authorized person.

1997, c. 43, s. 442.

34. The Minister may fix the operating hours of a slaughter-house or plant contemplated in subparagraphs a, b and c of section 9 so as to ensure the permanent inspection of the operations of the permit holder.

1977, c. 35, s. 10.

35. The person in charge of a place or of a vehicle where a product is found which an authorized person wishes to examine and any person found there is bound to assist the authorized person in his inquiry, facilitate his access to the product and place at his disposal every document he wishes to examine.

1974, c. 35, s. 31; 1977, c. 5, s. 14; 1983, c. 53, s. 5; 1987, c. 68, s. 96.

36. It is forbidden to hinder the work of an authorized person in the exercise of his duties, to mislead him or to attempt to do so, or to neglect or refuse to obey him.

Such person must, on request, identify himself and exhibit a certificate, signed by the Minister, attesting his authority.

1974, c. 35, s. 32; 1986, c. 95, s. 241.

37. No person shall, without the consent of an authorized person, sell or offer for sale a seized or confiscated product or remove or allow the removal of such product, its container, or the writ of seizure or confiscation, or remove or break a seal affixed by an authorized person.

1974, c. 35, s. 33.

38. The Minister may, on the conditions and upon payment of the dues fixed by regulation, provide, upon the request of any interested person, for the inspection and classification of a product.

1974, c. 35, s. 34.

39. The Minister and authorized persons cannot be sued or prosecuted for any official act performed in good faith in the exercise of the functions conferred upon them by this Act.

1974, c. 35, s. 35.

DIVISION VI REGULATIONS

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.

40.1. The Minister may, by order published in the Gazette officielle du Québec,

(a)  prescribe that operators of establishments contemplated in subparagraph e or f of the first paragraph of section 9 and fishermen reimburse to the Government, in whole or in part, to such extent as it may prescribe, the expenditures made by the Ministère de l’Agriculture, des Pêcheries et de l’Alimentation for the grading of marine products or fresh water products ordered by regulation;

(b)  determine the total share that must be reimbursed by operators and fishermen, respectively, and establish the individual contribution payable by each operator or fisherman;

(c)  oblige the operator of each establishment, in accordance with such conditions and modalities as the Minister may determine, to withhold, out of the sums it owes to each fisherman, an amount representing the contribution payable by that fisherman and remit to the Minister, in addition to his contribution, the amount so withheld;

(d)  determine the information that the operator of each establishment must furnish respecting the amount so withheld;

(e)  determine when such contributions must be remitted;

(f)  impose, as a condition of the permit issued to an operator of an establishment, compliance with the measures taken under this section, and so indicate on the permit.

1981, c. 29, s. 9; 1983, c. 53, s. 7.

40.2. The Minister, by order published in the Gazette officielle du Québec, may

(1)  establish a seal of quality for marine products or fresh water products, which may be placed on the products, labels or wrapping of any operator of a factory or packing-house contemplated in subparagraph e or f of the first paragraph of section 9 who, upon application to the Minister, obtains authorization to use the seal;

(2)  prescribe, the conditions and mode of application by the operator and authorization by the Minister, and of use or withdrawal of the seal, including the standards of superior quality which products are required to meet in order to bear the seal;

(3)  prohibit the manufacture, copying, keeping or use of the seal he has established as well as the manufacture, copying, keeping or use of any other seal of quality for the products contemplated in paragraph 1, except in the cases he determines;

(4)  impose, as a condition of the permit issued to the operator of a factory or a packing-house, compliance with the measures taken under this section, and prescribe that this be indicated on the permit.

1985, c. 28, s. 2.

41. The regulations made under this Act shall come into force from the date of their publication in the Gazette officielle du Québec or on any later date fixed therein.

1974, c. 35, s. 37.

DIVISION VII PENAL PROVISIONS

1990, c. 4, s. 668.

42. Except in the cases where another penalty is provided for, every person who contravenes this Act or the regulations is liable to a fine of $250 to $750 and, for any subsequent contravention, to a fine of $750 to $2 250.

1974, c. 35, s. 38; 1975, c. 40, s. 6; 1982, c. 64, s. 34; 1986, c. 58, s. 76; 1990, c. 4, s. 669; 1991, c. 33, s. 95; 1993, c. 53, s. 3.

43. Every person who contravenes a provision of a regulation adopted under paragraph a, a.1 or d of section 40, concerning the temperature of products, insects, rodents or their excrements, is liable to a fine of $250 to $1 500 and, for any subsequent contravention, to a fine of $1 500 to $4 500.

1974, c. 35, s. 39; 1977, c. 35, s. 12; 1982, c. 64, s. 35; 1986, c. 58, s. 77; 1990, c. 4, s. 670; 1990, c. 80, s. 14; 1991, c. 33, s. 96; 1993, c. 53, s. 4.

44. Every person who contravenes section 4, any of subparagraphs i, j, l.1 and m to o of the first paragraph of section 9 or a provision of a regulation adopted under paragraph e, h or j.1 of section 40 relating to any false or misleading indication or any falsification concerning a product, is liable to a fine of $500 to $1 500 and, for any subsequent contravention, to a fine of $1 500 to $4 500.

1975, c. 40, s. 7; 1977, c. 35, s. 13; 1981, c. 29, s. 10; 1983, c. 53, s. 8; 1985, c. 28, s. 3; 1986, c. 58, s. 78; 1990, c. 4, s. 671; 1990, c. 80, s. 15; 1991, c. 33, s. 97; 1993, c. 53, s. 4; 1996, c. 50, s. 10.

44.1. (Replaced).

1990, c. 80, s. 16; 1993, c. 53, s. 4.

44.2. Every person who contravenes the second paragraph of section 32.1 or furnishes erroneous, falsified or misleading information or documents is liable to a fine of $250 to $1,000 and, for any subsequent contravention, to a fine of $750 to $3,000.

1996, c. 50, s. 11.

45. Every person who contravenes the conditions or restrictions indicated on his permit in accordance with section 10, 11 or any condition for an authorization issued under section 11.1 or with any of sections 33.2, 33.3.1, 36 and 37, is liable to a fine of $1 000 to $3 000 and, for any subsequent contravention, to a fine of $3 000 to $9 000.

1975, c. 40, s. 7; 1986, c. 58, s. 79; 1990, c. 4, s. 672; 1991, c. 33, s. 98; 1992, c. 61, s. 452; 1993, c. 53, s. 4; 1997, c. 68, s. 9.

45.1. Every person who contravenes a provision of either of sections 3.1 and 5, any of subparagraphs b to h, k, l, l.01 and p of the first paragraph of section 9, the operating hours fixed in accordance with section 34, a provision of a regulation adopted under paragraph k of section 40 and concerning the requirement to record the time of permanent inspection or an order made under section 40.2, is liable to a fine of $2 000 to $6 000 and, for any subsequent contravention, to a fine of $6 000 to $18 000.

1993, c. 53, s. 4; 1996, c. 50, s. 12; 1997, c. 68, s. 10.

45.1.1. Every person who contravenes a provision of section 3 with regard to a product unfit for human consumption or deteriorated so that it is unfit for human consumption is liable to a fine of $750 to $2,000 and, for a subsequent contravention, to a fine of $2,250 to $6,000.

Where a person is convicted for an offence under section 3 in relation to a product unfit for human consumption or deteriorated so that it is unfit for human consumption and the product constitutes a health hazard, the amount of the fine is $2,000 to $15,000, and $6,000 to $45,000 for a subsequent conviction.

1997, c. 68, s. 11.

45.2. Every person who contravenes subparagraph a of the first paragraph of section 9, an order made under either of sections 33.10 and 33.11 or a provision of a regulation adopted under section 6 or 7 or under paragraph a.1, c, c.1, f, g or j of section 40, respecting the stamping or origin of products, the inscription of production lot numbers on packages, meat unfit for human consumption or fishery products unfit for human consumption, is liable to a fine of $5 000 to $15 000 and, for any subsequent contravention, to a fine of $15 000 to $45 000.

1993, c. 53, s. 4.

46. Where a legal person is guilty of an offence against section 3 in respect of a product unfit for human consumption or deteriorated so that it is unfit for human consumption, section 5 or 9, an order made under section 33.10 or 33.11, the operating hours fixed in accordance with section 34, the conditions or restrictions indicated in its permit or the stamp regulations or the regulations on the origin of products, on meat unfit for human consumption or on fishery products unfit for human consumption, every senior officer, director, employee or mandatary of that legal person who has prescribed or authorized the committing of the offence, or has consented thereto or acquiesced or participated therein, is deemed a party to the offence and is liable to the penalties provided for in section 44, 45, 45.1, 45.1.1 or 45.2, whether or not the legal person has been prosecuted or convicted.

1975, c. 40, s. 7; 1977, c. 35, s. 14; 1983, c. 53, s. 9; 1990, c. 80, s. 17; 1993, c. 53, s. 5; 1996, c. 50, s. 13; 1997, c. 68, s. 12.

47. (Repealed).

1977, c. 35, s. 15; 1981, c. 29, s. 11; 1986, c. 58, s. 80; 1990, c. 4, s. 673; 1990, c. 80, s. 18; 1991, c. 33, s. 99; 1993, c. 53, s. 6.

48. (Repealed).

1977, c. 35, s. 15; 1986, c. 58, s. 81; 1990, c. 4, s. 674; 1991, c. 33, s. 100; 1992, c. 61, s. 453; 1993, c. 53, s. 6.

49. (Repealed).

1974, c. 35, s. 40; 1975, c. 40, s. 8; 1977, c. 35, s. 16; 1983, c. 53, s. 10; 1986, c. 58, s. 82; 1990, c. 4, s. 675; 1991, c. 33, s. 101; 1992, c. 61, s. 454; 1993, c. 53, s. 6.

49.1. No action before any civil court shall be suspended on the ground that it concerns an act or an omission that is an offence within the meaning of this Act.

1983, c. 53, s. 10.

50. Whosoever abets another person in committing an offence or participates in an offence committed by another person is liable to the penalties provided for such offence on the same grounds as the offender.

1974, c. 35, s. 41.

51. (Repealed).

1974, c. 35, s. 42; 1990, c. 4, s. 676; 1992, c. 61, s. 455.

52. (Repealed).

1974, c. 35, s. 43; 1990, c. 4, s. 677; 1992, c. 61, s. 456.

53. In any penal proceedings, the operator of an establishment where the offence was committed or of the transport company whose vehicle is used to commit the offence and the real offender are liable to the penalties imposed for an offence against this Act, even if it cannot be proved that the latter was acting under the direction of the operator.

Evidence that the offence was committed by a person, identified or not, in the employ of such operator shall be, in the absence of any evidence to the contrary, evidence that the offence was committed with the authorization and under the direction of the latter.

At the option of the prosecutor, the real offender and the operator of an establishment or of a transport company may be sued jointly or separately. However, for the same offence, the judge shall pronounce only one sentence on one or the other of them.

1974, c. 35, s. 44; 1986, c. 95, s. 242; 1990, c. 4, s. 678.

54. In the absence of any evidence to the contrary, the person having possession of a product in a quantity that exceeds the needs of his own consumption is presumed to intend to sell the product, give it for promotional purposes or use it to furnish services for remuneration.

In the absence of any evidence to the contrary, agricultural products found in an agricultural operation in a quantity that exceeds the needs of the operator’s own consumption are presumed to be kept by the operator with intent to sell, give for promotional purposes or use to furnish services for remuneration.

1974, c. 35, s. 45; 1981, c. 29, s. 12; 1986, c. 95, s. 243; 1990, c. 80, s. 19.

55. Nothing in this Act shall be interpreted as prohibiting the transportation of products in transit in Québec; however, in the absence of any evidence to the contrary, the transportation of a product without a bill of lading indicating the names and addresses of the sender and consignee is evidence that such product is to be delivered in Québec.

1974, c. 35, s. 46; 1986, c. 95, s. 244; 1996, c. 50, s. 14.

56. Every person whose name and address, permit number or trade mark are indicated on a product kept for sale, or on the container, label or wrapping of such product, as a person engaged in the preparation, production, conditioning, wrapping, supplying or distribution of such a product, is presumed to have prepared, made, conditioned, wrapped, supplied, distributed or sold such product to the keeper of the product at the time when and at the place where the keeping has been ascertained or, as the case may be, at the place indicated on the product, container, label or wrapping of such product.

1974, c. 35, s. 47.

56.1. In any proceeding instituted for an offence against this Act or the regulations,

(a)  the certificate or report of analysis of an authorized person stating in writing the results of an examination respecting the composition of a product is proof of its content unless there is evidence to the contrary if the person attests in the certificate or report of analysis that he personally observed the facts stated therein;

(b)  the minutes or report of an investigation, taking of samples, seizure or confiscation written and certified by an authorized person who has inspected, sampled, seized or confiscated a product or who has carried out any inspection in an establishment, vehicle or premises are proof of their content unless there is evidence to the contrary if the person certifies in the minutes or report that he personally observed the facts stated therein;

(c)  a document, given as the certificate or report of analysis of an authorized person or the minutes or report of an authorized person, must be admitted as proof, and no proof of the signature or of the quality of the person who signed it is required.

1981, c. 29, s. 13; 1990, c. 4, s. 679; 1990, c. 80, s. 20; 1996, c. 50, s. 15.

DIVISION VIII FINAL PROVISIONS

57. The Minister of Agriculture, Fisheries and Food is entrusted with the carrying out of this Act.

1974, c. 35, s. 49; 1979, c. 77, s. 21.

58. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULES

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 35 of the statutes of 1974, in force on 31 December 1977, is repealed, except sections 48 and 51 to 53, effective from the coming into force of chapter P-29 of the Revised Statutes.

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), subparagraphs a and b of the first paragraph as well as the second and third paragraphs of section 6 of chapter 35 of the statutes of 1974, in force on 1 November 1980, are repealed effective from the coming into force of the updating to 1 November 1980 of chapter P-29 of the Revised Statutes.

Section 9 of this Act will be amended upon the coming into force of paragraph 3 of section 3 of chapter 53 of the statutes of 1983 on the date fixed by order of the Government.

Section 9 of this Act will also be amended upon the coming into force of paragraphs 1 and 3 of section 5 of chapter 80 of the statutes of 1990 on the date fixed by order of the Government.

Section 9 of this Act will also be amended upon the coming into force of paragraphs 1 and 3 of section 2 of chapter 50 of the statutes of 1996 on the date fixed by order of the Government.

Section 33.5 of this Act will be amended upon the coming into force of paragraphs 1 and 2 of section 72 of chapter 80 of the statutes of 1997 on the date or dates fixed by order of the Government.

Any provisions referred to in this Act as “not in force” will come into force on the date or dates fixed by order of the Government (1983, c. 53, s. 12; 1990, c. 80, s. 21; 1996, c. 50, s. 21; 1997, c. 80, s. 82).