Canada Gazette, Part I, Volume 151, Number 42: Regulations Amending the Agriculture and Agri-Food Administrative Monetary Penalties Regulations
October 21, 2017
Statutory authority
Agriculture and Agri-Food Administrative Monetary Penalties Act
Sponsoring agency
Canadian Food Inspection Agency
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Executive summary
Issues: Proposed amendments to the Agriculture and Agri-Food Administrative Monetary Penalties Regulations (AAAMPs Regulations) are needed to expand the use of administrative monetary penalties to all food commodities. Administrative monetary penalties would be one of many enforcement tools available to address non-compliance with provisions of the Safe Food for Canadians Act (SFCA) and the proposed Safe Food for Canadians Regulations (SFCR).
Description: The AAAMPs Regulations would be amended to include appropriate references to the SFCA, to repeal sections that are no longer relevant, and to create a new part listing provisions of the SFCA and of its Regulations that would be designated as violations.
“One-for-One” Rule and small business lens: The “One-for-One” Rule and small business lens do not apply to this proposal, as the proposed amendments do not impose any new requirements. Regulated parties only incur additional costs if they violate statutory or regulatory provisions.
Issues
When it comes fully into force, the Safe Food for Canadians Act (SFCA) would repeal and consolidate the Canada Agricultural Products Act, Meat Inspection Act, Fish Inspection Act and food-related provisions of the Consumer Packaging and Labelling Act. The proposed Safe Food for Canadians Regulations (SFCR) would repeal and replace the regulations associated with these acts.
The SFCA will authorize the use of administrative monetary penalties in respect of all food commodities once it is fully in force. In order to expand the administrative monetary penalties regime of the Canadian Food Inspection Agency (CFIA) to the SFCA and to its Regulations, amendments to the AAAMPs Regulations are needed to identify provisions of the SFCA and the proposed SFCR that could be subject to an administrative monetary penalty in the event of non-compliance.
These proposed amendments would enable the issuance of notices of violation by designated persons within the CFIA and the Canada Border Services Agency in the event of non-compliance with certain requirements under the SFCA and the proposed SFCR. Administrative monetary penalties would be one of the many enforcement tools available under the SFCA and the proposed SFCR.
Background
Enforcement tools available to the CFIA
Enforcement tools available to the CFIA include, but are not limited to,
- Letter of non-compliance and written warnings
- Restriction on the movement of a non-compliant product
- Seizure and detention of a non-compliant product
- Order to destroy a non-compliant product
- Order to remove a non-compliant product from Canada
- Order to stop or start an activity
- Issuance of a corrective action request
- Suspension and/or cancellation of a licence
- Administrative monetary penalty
- Prosecution
- Recall order
Together, all of the available enforcement tools form a graduated enforcement continuum aimed at supporting responses to non-compliance. The selection of the most appropriate enforcement tool is done on a case-by-case basis, using criteria identified and explained in the CFIA Compliance and Enforcement Operational Policy. (see footnote 1) The CFIA takes a risk-based approach to selecting appropriate measures for enforcement, while taking into consideration the nature of the non-compliance and the compliance history of the regulated party.
Administrative monetary penalties
When the Agriculture and Agri-Food Administrative Monetary Penalties Act (AAAMPs Act) was passed in 1995, the intention was for administrative monetary penalties to apply to all agri-food legislation. Currently the AAAMPs Regulations are only available to address the contravention of provisions of the Health of Animals Act and its Regulations, the Plant Protection Act and its Regulations, and most recently the Meat Inspection Act and its Regulations. (see footnote 2)
Administrative monetary penalties are issued in the form of a notice of violation with warning or penalty where there are reasonable grounds to believe that a person has committed a violation. A person commits a violation when they do not comply with a designated provision or refuse or neglect to perform a designated duty. Schedule 1 of the AAAMPs Regulations identifies the provisions of specified acts and regulations that can be enforced through the issuance of an administrative monetary penalty and classifies them as minor, serious or very serious.
The issuance of a notice of violation with penalty results in a base monetary penalty ranging from $500 to $10,000. A base penalty in relation to a serious or very serious commercial violation can be decreased or increased by up to 50% through the calculation of a total gravity value that is based on history, intent of the regulated party and the potential or actual harm associated with the violation. Penalties can also be reduced in whole or in part as a result of compliance agreements. The CFIA can enter into a compliance agreement with a regulated party if the person who has been issued a notice of violation with a penalty of at least $2,000 agrees to take appropriate steps, with monetary expenditures, to support future compliance with requirements.
Objectives
The objectives of these proposed regulatory amendments are to
- Enable the use of administrative monetary penalties as an enforcement tool to address non-compliance with specified provisions of the SFCA and its Regulations; and
- Support delivery of public policy outcomes associated with the SFCA and its Regulations by promoting compliance with their requirements.
Description
Proposed amendments
The SFCA will authorize the use of administrative monetary penalties for all food commodities once the Act is fully in force. The SFCA will also make consequential amendments to the AAAMPs Act to include a reference to the SFCA in the definition of “agri-food Act” and to authorize provisions of the SFCA and its Regulations to be designated as violations under Schedule 1 of the AAAMPs Regulations. These changes were necessary to bring the SFCA under the scope of the CFIA administrative monetary penalties regime.
Therefore, the following amendments to the AAAMPs Regulations are proposed:
- Section 2 of the AAAMPs Regulations would be amended to replace the references to the Meat Inspection Act with references to the Safe Food for Canadians Act.
- Part 3 of Schedule 1 (designation of violations related to the Meat Inspection Act and Meat Inspection Regulations, 1990) to the AAAMPs Regulations would be replaced to include provisions of the SFCA and its Regulations:
- A new Division 1 would include a table that lists the provisions of the SFCA that would be designated as violations.
- A new Division 2 would include a table that lists the provisions of the proposed SFCR that would be designated as violations. Note that Division 2 as proposed is based on the provisions of the proposed SFCR as published in the Canada Gazette, Part I, on January 21, 2017.
In both Division 1 and Division 2 of Part 3 of Schedule 1 to the AAAMPs Regulations, each violation would be classified as minor, serious or very serious and each would establish a short-form description.
Considerations
Paragraph 4(1)(a) of the AAAMPs Act authorizes the making of regulations to designate as violations those provisions that can be contravened or that impose a duty. In determining which provisions of the SFCA and the proposed SFCR to include within the scope of the administrative monetary penalties regime, consideration was given to the purpose of the provisions, the level of risk and severity of consequences associated with non-compliance, lessons learned from other legislation included in the administrative monetary penalties regime, the availability of other enforcement tools to address non-compliance and resource prioritization. The classification of non-compliance as minor, serious or very serious was also based on the above-mentioned considerations, with particular emphasis on achieving consistency with the classification of comparable provisions from the Plant Protection Act and its Regulations and the Health of Animals Act and its Regulations currently covered under the administrative monetary penalties regime.
Although violations of the Meat Inspection Act and its Regulations would be removed from the AAAMPs Regulations, the meat sector would continue to be subject to administrative monetary penalties for violations of requirements of the SFCA and its Regulations. Requirements from the Meat Inspection Act and its Regulations have been carried forward to the SFCA and its Regulations.
“One-for-One” Rule
The “One-for-One” Rule does not apply to these proposed amendments. The AAAMPs Regulations do not impose any requirements; therefore, there is no administrative burden. The AAAMPs Regulations are an enforcement tool and regulated parties only incur additional costs if they violate certain requirements of the SFCA or the proposed SFCR.
Small business lens
The small business lens does not apply to these proposed amendments, as there are no costs to small businesses. The Regulations are an enforcement tool and regulated parties, such as small businesses, only incur costs if they violate regulatory provisions.
Alternatives
(1) Status quo — Do not amend the current AAAMPs Regulations
This option would not enable administrative monetary penalties as an additional compliance and enforcement tool for the SFCA and the proposed SFCR.
Furthermore, with the coming into force of the SFCA and its Regulations, the Meat Inspection Act and its Regulations will be repealed and Part 3 of Schedule 1 of the AAAMPs Regulations, which designates violations related to the Meat Inspection Act and Meat Inspection Regulations, 1990, would no longer be in effect. Consequently, remaining with the status quo would result in an inability of the CFIA to issue notices of violation for non-compliance in the meat sector.
(2) Amend the AAAMPs Regulations (preferred option)
This option would enable administrative monetary penalties in respect of designated provisions of the SFCA and the proposed SFCR and provide greater flexibility in compliance and enforcement tools in the food sector. This option would also allow the CFIA to continue to issue notices of violation for non-compliance in the meat sector.
Consultation
Stakeholders were informed at the June 2013 Food Forum, (see footnote 3) in relation to the SFCA and the proposed SFCR, that consideration would be given to extending administrative monetary penalties to all food commodities. In the context of this consultation, promotion materials were also distributed to advise stakeholders of the intent to expand the use of administrative monetary penalties. At the time, minimal feedback was received.
The proposed amendments to the AAAMPs Regulations would not impose any new requirements on regulated parties. However, the use of administrative monetary penalties as an enforcement tool would be new for many stakeholders in the food industry. Therefore, the proposed amendments are prepublished for a 60-day comment period, during which interested parties are invited to submit comments in respect of the proposed amendments. Following this consultation, the CFIA will take comments received into consideration and revise the proposed amendments to the AAAMPs Regulations, if required.
Rationale
The way that food is produced and distributed has undergone fundamental changes. The food safety landscape has become more complex, resulting in new food safety risks and changes in business practices. Industry is responsible for using systems that meet regulatory requirements. The verification of products and the compliance of regulated parties should target areas of highest risk and be based on the best available science.
The CFIA is responsible for enforcing federal laws and regulations relating to food safety, animal health, and plant health. The failure to comply with an act or regulations compromises the public policy objectives of that legislation. Therefore, non-compliance must be addressed to support meeting important societal, economic, and environmental objectives.
Amendments to the AAAMPs Regulations are necessary to allow CFIA and Canada Border Services Agency staff (as designated by the Minister of Agriculture and Agri-Food) to issue notices of violations in the event of contraventions of specified requirements under the SFCA and its Regulations. The proposed amendments would not only allow the CFIA to continue to use administrative monetary penalties for meat-related violations, but would also allow for the consistent and fair application of administrative monetary penalties in respect of all food commodities. The CFIA has been transparent in its intention to expand administrative monetary penalties to all food commodities and made this commitment in past public consultations.
Graduated enforcement continuum
The availability of a broad range of enforcement tools, including administrative monetary penalties, is essential for a regulatory agency such as the CFIA to effectively carry out its mandate. The graduated enforcement continuum provides flexibility in the selection of an appropriate enforcement tool and in the fair application of criteria established in the CFIA Compliance and Enforcement Operational Policy. This policy guides CFIA officials in compliance promotion, monitoring, and enforcement activities as a whole, including the selection of an appropriate enforcement tool from the continuum.
Administrative monetary penalties
The use of administrative monetary penalties has been shown to be an effective compliance tool that has been successfully employed by the CFIA for the Health of Animals Act and Regulations and the Plant Protection Act and Regulations. The CFIA's 2012 Evaluation of Administrative Monetary Penalties (see footnote 4) showed that administrative monetary penalties are generally less punitive and costly sanctions compared to prosecution or licence suspension or cancellation.
The CFIA is developing an Administrative Monetary Penalties Policy (see footnote 5) to guide the CFIA and its officials in the appropriate and effective design and implementation of administrative monetary penalties as a specific tool along the graduated enforcement continuum. The guiding principles and objectives of the CFIA's draft Administrative Monetary Penalties Policy informed the design of the administrative monetary penalties regime for food commodities, and they would continue to apply as the CFIA works to deliver and report on administrative monetary penalties for violations identified in the AAAMPs Act and Regulations. The consistent and transparent application of administrative monetary penalties supports the CFIA in being fair, timely, risk-based and effective in the enforcement of all legislation for which it is responsible.
As per the draft Administrative Monetary Penalties Policy and through the use of performance measurement information, the CFIA would continue to monitor the effectiveness of administrative monetary penalties as a tool to promote compliance.
Implementation, enforcement and service standards
Regulated parties are responsible for being knowledgeable about and complying with their obligations under the SFCA and the proposed SFCR. The proposed amendments to the AAAMPs Regulations would not impose any new requirements on regulated parties or change the scope of existing requirements; they only serve to support the enforcement of the SFCA and the proposed SFCR. Regulated parties can expect that any non-compliance with the SFCA and the proposed SFCR would be treated seriously by the CFIA and would be dealt with in a professional manner.
Compliance promotion
Administrative monetary penalties are one of several enforcement options in a graduated process that the CFIA may use to respond to non-compliance with the requirements of the SFCA and the proposed SFCR. The CFIA is aiming to promote and enhance compliance with the requirements of the SFCA and the proposed SFCR in an effort to reduce the need for enforcement actions. This includes a number of tools and measures, such as “model systems” and guidance documents.
“Model systems” are written descriptions and procedures of systems that meet SFCA and SFCR requirements. “Model systems” can be used to support regulated parties in developing new and updated systems and processes that are in compliance with the requirements of the SFCA and the proposed SFCR.
Guidance documents, written in plain language, would provide stakeholders with information and more in depth processes to assist with regulatory compliance. For example, the CFIA has completed interpretative guidance documents, which are intended to assist both internal and external stakeholders by explaining what the SFCA and the proposed SFCR requirements are, why they are important, and how compliance can be demonstrated.
These documents would be made available on the CFIA website when the SFCA and the proposed SFCR are published in the Canada Gazette, Part II.
CFIA implementation
The amendments to the AAAMPs Regulations would come into force when the SFCA and the proposed SFCR come fully into force. The requirements of the SFCA and the proposed SFCR as well as the proposed amendments to the AAAMPs Regulations would be communicated to inspectors and investigators in advance of the coming into force.
Operational guidance for CFIA staff is under development. Training will be provided to help promote consistent enforcement of SFCA and proposed SFCR requirements. This includes updating the CFIA Compliance and Enforcement Operational Policy to reflect the issuance of administrative monetary penalties for all food commodities. The Compliance and Enforcement Operational Policy is used to identify the CFIA's current practices and protocols with respect to enhancing and improving compliance through enforcement activities. This policy discusses how to assist regulated parties in understanding their regulatory obligations, as well as the CFIA's work to monitor compliance and address non-compliance.
Aggregate data on the CFIA's enforcement and compliance activities is posted on the CFIA website. Information posted includes basic quarterly information on notices of violations with warnings and/or penalties issued under the AAAMPs Act. The identity of persons to whom notices of violations have been issued is not disclosed (other than for repeat violators of animal transportation requirements under the Health of Animals Regulations).
Compliance agreements and review mechanisms
The AAAMPs Regulations permit the CFIA to enter into compliance agreements with persons who commit violations if the persons agree to take appropriate steps to support future compliance with the relevant statutory or regulatory requirements and correct the violation. These compliance agreements may also allow for a reduction, in whole or in part, of an administrative monetary penalty.
Review mechanisms are also available pursuant to the AAAMPs Act. A person who has been issued a notice of violation may request, within 30 days, a review of the facts of the violation by the Canada Agricultural Review Tribunal or by the Minister. Where the Minister carries out the review, a request can be made within 15 days to have the Minister's decision reviewed by the Canada Agricultural Review Tribunal. Canada Agricultural Review Tribunal decisions are subject to judicial review by the Federal Court of Appeal.
Contact
Executive Director
Domestic Food Safety Systems and Meat Hygiene Directorate
Canadian Food Inspection Agency
1400 Merivale Road, Tower 1
Ottawa, Ontario
K1A 0Y9
Email: Food-Reg-Aliments@inspection.gc.ca
PROPOSED REGULATORY TEXT
Notice is given that the Minister of Agriculture and Agri-Food and the Minister of Health, pursuant to subsection 4(1) (see footnote a) of the Agriculture and Agri-Food Administrative Monetary Penalties Act (see footnote b), propose to make the annexed Regulations Amending the Agriculture and Agri-Food Administrative Monetary Penalties Regulations.
Interested persons may make representations concerning the proposed Regulations within 60 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Richard Arsenault, Executive Director, Domestic Food Safety Systems & Meat Hygiene Directorate, Canadian Food Inspection Agency, 1400 Merivale Road, Tower 1, Ottawa, Ontario K1A 0Y9 (tel.: 613-773-6156; email: CFIA-Modernisation-ACIA@inspection.gc.ca).
Ottawa, September 21, 2017
Lawrence MacAulay
Minister of Agriculture and Agri-Food
Ginette Petitpas Taylor
Minister of Health
Regulations Amending the Agriculture and Agri-Food Administrative Monetary Penalties Regulations
Amendments
1 (1) Paragraph 2(a) of the Agriculture and Agri-Food Administrative Monetary Penalties Regulations (see footnote 6) is replaced by the following:
- (a) the contravention of a provision of the Health of Animals Act, the Plant Protection Act or the Safe Food for Canadians Act, or of a regulation made under one of those Acts, that is set out in column 1 of Schedule 1;
(2) Paragraph 2(c) of the Regulations is replaced by the following:
- (c) the refusal or neglect to perform any duty imposed by or under a provision of the Health of Animals Act, the Plant Protection Act or the Safe Food for Canadians Act, or of a regulation made under one of those Acts, that is set out in column 1 of Schedule 1.
2 Part 3 of Schedule 1 to the Regulations is replaced by the following:
PART 3
Safe Food for Canadians Act and Safe Food for Canadians Regulations
DIVISION 1
Safe Food for Canadians Act
| Item | Column 1 Provision of Safe Food for Canadians |
Provision of Safe Food for Canadians Regulations | Column 2 Short-form Description |
Column 3 Classification |
|---|---|---|---|---|
| 1 | 4 | Import a food commodity the selling of which is prohibited | Very serious | |
| 2 | 5 | Sell a food commodity that is the subject of a recall order | Very serious | |
| 3 | 6(1) | Manufacture, prepare, package, label, sell, import or advertise a food commodity in a manner that is false, misleading or deceptive or likely to create an erroneous impression | Very serious | |
| 4 | 7 | Tamper with a food commodity, its label or its package with the intent to render the food commodity injurious to human health or cause a reasonable apprehension in others that it is injurious to human health | Very serious | |
| 5 | 8 | Threaten to render a food commodity injurious to human health | Very serious | |
| 6 | 9 | Communicate false or misleading information with the intent to cause a reasonable apprehension in others that a food commodity was tampered with in order to render it injurious to human health | Very serious | |
| 7 | 10(2) | Import a food commodity without being authorized to do so by a licence | Very serious | |
| 8 | 11 | Sell, advertise or possess a food commodity that has been sent, conveyed or imported unlawfully | Very serious | |
| 9 | 12 | Possess for the purpose of sending, conveying or exporting any food commodity that does not meet the requirements of the regulations | Very serious | |
| 10 | 13(2) | Conduct an activity in respect of a food commodity without being authorized to do so by a licence | Very serious | |
| 11 | 14(1)(a) | Without authorization, apply or use an inspection mark or grade name | Very serious | |
| 12 | 14(1)(b) | Without authorization, advertise or sell a thing that has an inspection mark or grade name on it or used in connection with it | Very serious | |
| 13 | 14(2)(a) | Apply or use a thing likely to be mistaken for an inspection mark or grade name | Serious | |
| 14 | 14(2)(b) | Advertise or sell anything that has on it or used in connection with it a thing that so resembles an inspection mark or grade name that it is likely to be mistaken for it | Serious | |
| 15 | 15 | Make a false or misleading statement, or provide false or misleading information, to a referred person | Very serious | |
| 16 | 16 | Obstruct or hinder a referred person | Very serious | |
| 17 | 17(1) | Alter, destroy or falsify a referred document | Very serious | |
| 18 | 17(2)(a) | Alter a document issued, made or given under the Safe Food for Canadians Act | Very serious | |
| 19 | 17(2)(b) | Possess or use a document issued, made or given under the Safe Food for Canadians Act that has been altered | Very serious | |
| 20 | 18 | Possess or use a document that so resembles a document issued, made or given under the Safe Food for Canadians Act that it is likely to be mistaken for one | Very serious | |
| 21 | 20(4) | Fail to comply with the conditions of a licence | Very serious | |
| 22 | 24(2)(d) | Refuse or neglect to move, not move or restrict the movement of an item | Very serious | |
| 23 | 24(2)(h) | Refuse or neglect to establish identity | Very serious | |
| 24 | 24(2)(i) | Refuse or neglect to stop or start an activity | Very serious | |
| 25 | 24(2)(j) | Refuse or neglect to comply with an order prohibiting or limiting access to a place or thing | Very serious | |
| 26 | 24(3) | Refuse or neglect to stop a conveyance or move it to a place where the inspector can enter it | Very serious | |
| 27 | 24(6) | Fail to give assistance to an inspector or to provide a document, information or access to data to an inspector | Very serious | |
| 28 | 27 | Refuse or neglect to provide a document, information or a sample on the date, at the time and place and in the manner specified by an inspector | Serious | |
| 29 | 28 | Without authorization, remove, alter or interfere with a seized thing | Very serious | |
| 30 | 29(b) | Refuse or neglect to store or move a seized thing | Serious | |
| 31 | 29(c) | Refuse or neglect to dispose of a seized thing | Very serious | |
| 32 | 32(1) | Refuse or neglect to remove a referred imported food commodity from Canada or to destroy it | Very serious | |
| 33 | 10(3) | 8 | Send, convey, import or export a food that does not meet the prescribed requirements | Very serious |
| 34 | 10(3) | 9(1) | Import a food that was not manufactured, prepared, stored, packaged or labelled in the prescribed manner or under the prescribed conditions | Very serious |
| 35 | 10(3) | 13(1)(a) | Send, convey or export a food that was not manufactured, processed, treated, preserved, graded, packaged or labelled by a licence holder | Very serious |
| 36 | 10(3) | 13(1)(b) | Send, convey or export a food that was not imported by a licence holder | Very serious |
| 37 | 10(3) | 13(1)(c)(i) | Send, convey or export a meat product containing a meat product that was not manufactured, processed, treated, preserved, graded, packaged or labelled by a licence holder | Very serious |
| 38 | 10(3) | 13(1)(c)(ii) | Send, convey or export a meat product containing a meat product that was not imported by a licence holder | Very serious |
| 39 | 10(3) | 13(1)(c)(iii) | Send, convey or export a meat product containing meat, a meat by-product or mechanically separated meat that is derived from food animals that were not slaughtered by a licence holder | Very serious |
| 40 | 13(1) | 18 | Use a food additive or other substance that is not permitted or that does not comply with the prescribed limits or levels in or on a food that has been imported or that is to be exported or to be sent or conveyed, for which a standard is prescribed | Serious |
| 41 | 13(1) | 92(1) | Pasteurize eggs in the shell that have been imported or that are to be exported or to be sent or conveyed, that have not been graded Canada A or Grade A | Serious |
| 42 | 10(3) | 92(2) | Import eggs pasteurized in the shell that are not graded Grade A before pasteurization | Serious |
| 43 | 10(1) | 94 | Import ungraded eggs without meeting the prescribed requirements | Serious |
| 44 | 10(1) | 96(1) | Send or convey prescribed eggs without delivering them to a prescribed establishment | Serious |
| 45 | 10(1) | 96(2) | Send or convey eggs graded Canada Nest Run without delivering them to a prescribed establishment | Serious |
| 46 | 10(1) | 96(3) | Send or convey ungraded eggs without meeting the prescribed requirements | Serious |
| 47 | 13(1) | 99(1) | Process or treat eggs that are to be exported or to be sent or conveyed, that do not meet the prescribed requirements | Very serious |
| 48 | 13(1) | 99(2) | Process or treat a processed egg product that is to be exported or to be sent or conveyed, derived from eggs that do not meet the prescribed requirements | Very serious |
| 49 | 10(1) | 102(1) | Import live or raw shellfish from a foreign state that does not have a recognized system of inspection | Very serious |
| 50 | 13(1) | 103 | Manufacture, prepare, store, package or label shellfish that is to be exported or to be sent or conveyed, that does not meet the prescribed requirements | Very serious |
| 51 | 13(1) | 124(1) | Identify as edible a meat product that is to be exported or to be sent or conveyed, without meeting the prescribed requirements | Very serious |
| 52 | 13(1) | 126 | Use a urinary bladder, an intestine or any part of them as a natural casing for an edible meat product that is to be exported or to be sent or conveyed, without meeting the prescribed requirements | Very serious |
| 53 | 13(1) | 155 | Identify as edible a meat product derived from a pig, that does not require further preparing before consumption and that is to be exported or to be sent or conveyed, without meeting the prescribed requirements | Very serious |
| 54 | 13(1) | 156 | Identify as edible a meat product that is to be exported or to be sent or conveyed, derived from an equine whose carcass does not meet the prescribed requirements | Very serious |
| 55 | 13(1) | 157 | Identify as edible a meat product that is to be exported or to be sent or conveyed, derived from a bovine whose carcass is affected by or shows evidence of bovine cysticercosis, without meeting the prescribed requirements | Very serious |
| 56 | 10(1) | 165(a) | Import an edible meat product from a foreign state that does not have a recognized system of inspection | Very serious |
| 57 | 10(1) | 165(b) | Import an edible meat product coming from an establishment that does not have a recognized system for manufacturing, processing, treating, preserving, handling, testing, grading, coding, slaughtering, storing, packaging or labelling | Very serious |
| 58 | 10(1) | 165(c) | Import an edible meat product without providing an inspector with a prescribed official document issued by the foreign state in the approved form | Very serious |
| 59 | 10(1) | 166(1)(a) | Export a meat product without providing an inspector with the prescribed written document | Serious |
| 60 | 10(1) | 166(1)(b) | Export a meat product for which a certificate or other prescribed document has not been issued | Serious |
| 61 | 10(3) | 183 | Send, convey, import or export a prepackaged food that does not have a package that meets the prescribed requirements | Very serious |
| 62 | 10(3) | 197 | Send, convey, import or export a food whose label bears a common name that does not meet any prescribed standard that applies in respect of the common name | Serious |
| 63 | 10(3) | 203(1)(a) | Send, convey or import a prepackaged food, or export a prepackaged food other than a consumer prepackaged food, whose label does not bear the common name of the food on the principal display panel | Serious |
| 64 | 10(3) | 203(1)(b) | Send, convey or import a prepackaged food or export a prepackaged food other than a consumer prepackaged food, whose label does not bear on the prescribed part the name and principal place of business of the person by whom or for whom the food was manufactured, prepared, stored, packaged or labelled | Serious |
| 65 | 10(3) | 203(1)(c) | Send, convey or import a prepackaged food whose label does not bear the prescribed information | Very serious |
| 66 | 10(3) | 206 | Send, convey or import a consumer prepackaged food whose label does not bear the declaration of net quantity on its principal display panel | Minor |
| 67 | 10(3) | 207 | Send, convey or import a consumer prepackaged food whose label bears a reference to the place of manufacture of the label or container but does not bear the prescribed additional statement | Minor |
| 68 | 10(3) | 208(1) | Send, convey or import a consumer prepackaged food wholly manufactured, processed or produced in a foreign state whose label does not show the prescribed information in the prescribed manner | Minor |
| 69 | 10(3) | 208(2) | Send or convey a consumer prepackaged food wholly manufactured, processed or produced in a foreign state, that has been packaged in Canada and whose label does not show the prescribed information in the prescribed manner | Minor |
| 70 | 10(3) | 208(3) | Send, convey or import a consumer prepackaged food whose label does not show the geographic origin of the food in the prescribed manner | Minor |
| 71 | 10(3) | 209(1) | Send, convey or import a consumer prepackaged food to which a flavouring ingredient is added and whose label does not bear the prescribed statement | Minor |
| 72 | 10(3) | 209(2) | Send, convey or import a consumer prepackaged food to which a flavouring ingredient is added and whose label does not bear the required statement in the prescribed location | Minor |
| 73 | 10(3) | 210 | Send, convey or import a prepackaged food or export a prepackaged food other than a consumer prepackaged food, whose label is not applied or attached to it in such a manner that the food will be labelled at the time it is sold | Minor |
| 74 | 10(3) | 216(1) | Send, convey or import a consumer prepackaged food whose prescribed information is not shown in characters of at least the minimum prescribed height | Minor |
| 75 | 10(3) | 217 | Send, convey or import a consumer prepackaged food whose declaration of net quantity does not meet the prescribed requirements | Minor |
| 76 | 10(3) | 218(1) | Send, convey or import a consumer prepackaged food whose declaration of net quantity is not shown by volume or weight as prescribed | Minor |
| 77 | 10(3) | 219 | Send, convey or import a consumer prepackaged food whose declaration of net quantity is not shown by volume, weight or numerical count as prescribed | Minor |
| 78 | 10(3) | 220 | Send, convey or import a consumer prepackaged food whose declaration of net quantity is not shown in metric units | Minor |
| 79 | 10(3) | 221(1) | Send, convey or import a consumer prepackaged food whose metric units shown in the declaration of net quantity are not in the prescribed units | Minor |
| 80 | 10(3) | 227 | Send, convey or import a consumer prepackaged food consisting of two or more individually packaged foods, but sold as one unit, whose declaration of net quantity does not show the prescribed information | Minor |
| 81 | 10(3) | 232 | Send, convey, import or export a food whose declaration of net quantity is not shown by volume, weight or numerical count as prescribed | Minor |
| 82 | 10(3) | 233(1)(a) | Send, convey, import or export a prepackaged food that does not have a label bearing the required information applied or attached to its container | Serious |
| 83 | 10(3) | 233(1)(b) | Send, convey, import or export a food other than a prepackaged food that does not have a label bearing the required information applied or attached to it | Serious |
| 84 | 10(3) | 233(3) | Send, convey, import or export a food whose required information is shown on the part of the label that is applied or attached to the bottom of the prepackaged food or container | Minor |
| 85 | 10(3) | 234(d) | Send, convey, import or export a prepackaged dairy product whose declaration of net quantity is not shown on the principal display panel in the prescribed units | Minor |
| 86 | 10(3) | 238(1) | Send, convey, import or export a prescribed dairy product whose label does not bear the prescribed information in the prescribed manner | Minor |
| 87 | 10(3) | 238(2) | Send, convey, import or export a prescribed consumer prepackaged cheese whose principal display panel does not show the required information | Minor |
| 88 | 10(3) | 242(a) | Send, convey, import or export graded prepackaged eggs whose label does not bear a declaration of net quantity | Minor |
| 89 | 10(3) | 244(1) | Import prepackaged eggs or send or convey such imported eggs, whose label does not bear the prescribed information in the prescribed manner | Minor |
| 90 | 10(3) | 246(a) | Send, convey or export a prepackaged processed egg product whose label does not bear the prescribed inspection legend | Minor |
| 91 | 10(3) | 246(b) | Import a prepackaged processed egg product whose label does not bear the official inspection mark of the foreign state of origin | Minor |
| 92 | 10(3) | 247 | Import a prepackaged processed egg product or send or convey such an imported product, whose label does not bear the prescribed information in the prescribed manner | Minor |
| 93 | 10(3) | 248 | Send, convey or export a prescribed prepackaged processed egg product whose label does not bear the prescribed information in the prescribed manner | Minor |
| 94 | 10(3) | 250(1)(e) | Send, convey, import or export bivalve molluscs in the shell that are not in a hermetically sealed package, whose label does not bear the prescribed information | Serious |
| 95 | 10(3) | 250(1)(j) | Send, convey, import or export prepackaged fish whose label does not bear a declaration of net quantity | Minor |
| 96 | 10(3) | 255 | Send, convey, import or export fish that is in a hermetically sealed package whose principal display panel does not show the required declaration of net quantity | Minor |
| 97 | 10(3) | 256 | Import prepackaged fish or send or convey such imported fish, whose label does not bear the name of the foreign state of origin | Minor |
| 98 | 10(3) | 258(1)(b) | Send, convey, import or export prepackaged fresh fruits or vegetables whose label does not bear a declaration of net quantity | Minor |
| 99 | 10(3) | 259(1) | Import prepackaged fresh fruits or vegetables or send or convey such imported fresh fruits or vegetables, whose label does not show the prescribed information in the prescribed manner on the principal display panel | Minor |
| 100 | 10(3) | 262(1)(a) | Send, convey, import or export a prepackaged processed fruit or vegetable product whose label does not bear a declaration of net quantity in metric units on the principal display panel | Minor |
| 101 | 10(3) | 262(1)(o) | Send, convey, import or export a prescribed prepackaged processed fruit or vegetable product whose label does not bear the prescribed expression | Minor |
| 102 | 10(3) | 264(1) | Import a prepackaged processed fruit or vegetable product or send or convey such an imported product, whose label does not bear the name of the foreign state where the product was packaged | Minor |
| 103 | 10(3) | 265(1)(a) | Send, convey, import or export prepackaged graded honey whose label does not bear the prescribed information | Minor |
| 104 | 10(3) | 265(2) | Send, convey, import or export consumer prepackaged honey whose principal display panel does not show the required information | Minor |
| 105 | 10(3) | 266 | Send, convey or export prepackaged graded honey produced in Canada whose label does not bear a prescribed expression | Minor |
| 106 | 10(3) | 267(1) | Import prepackaged honey, or send or convey such imported honey, whose label does not bear the prescribed information in the prescribed manner | Minor |
| 107 | 10(3) | 268 | Send, convey or export consumer prepackaged graded honey, that is packaged from imported honey, whose label does not bear the prescribed information in the prescribed manner | Minor |
| 108 | 10(3) | 269(1) | Send, convey or export prepackaged graded honey, that is a blend of imported honey and Canadian honey, whose label does not bear the prescribed expression | Minor |
| 109 | 10(3) | 269(2) | Send, convey or export prepackaged graded honey, that is a blend of imported honey and Canadian honey, whose label does not show the states of origin in the prescribed manner | Minor |
| 110 | 10(3) | 270(1) | Send, convey, import or export a prepackaged maple product whose label does not bear a declaration of net quantity in metric units | Minor |
| 111 | 10(3) | 271 | Import a prepackaged maple product, or send or convey such an imported product, whose label does not bear the name of the foreign state of origin | Minor |
| 112 | 10(3) | 272(1)(a) | Send, convey or export an edible meat product that is not prepackaged and does not bear the prescribed inspection legend | Minor |
| 113 | 10(3) | 272(1)(b) | Import an edible meat product that is not prepackaged, or send or convey such an imported product, that does not bear the official inspection mark of the foreign state of origin | Minor |
| 114 | 10(3) | 273(a) | Send, convey, import or export a prepackaged edible meat product whose label does not bear the declaration of net quantity in metric units shown in the prescribed manner on the principal display panel | Minor |
| 115 | 10(3) | 273(b) | Send, convey, import or export a prepackaged edible meat product whose label does not bear the prescribed statement on the principal display panel | Minor |
| 116 | 10(3) | 274(1)(a) | Send, convey or export a prepackaged edible meat product whose label does not bear the prescribed inspection legend | Minor |
| 117 | 10(3) | 274(1)(b) | Import a prepackaged edible meat product, or send or convey such an imported product, whose label does not bear the official inspection mark of the foreign state of origin | Minor |
| 118 | 10(3) | 274(2) | Send, convey, import or export a prepackaged meat product whose principal display panel does not show the inspection legend or the official inspection mark of the foreign state of origin | Minor |
| 119 | 10(3) | 277 | Send, convey, import or export an edible meat product whose label bears a word or expression indicating or suggesting that it is a ready-to-eat product, without meeting the prescribed requirements | Minor |
| 120 | 10(3) | 278 | Send, convey, import or export a prepackaged edible meat product that is not a ready-to-eat product, but could be mistaken for one, that does not show the prescribed information on the principal display panel | Minor |
| 121 | 10(3) | 284(1) | Import a meat product, or send or convey such an imported product, whose label does not bear the prescribed information in the prescribed manner | Minor |
| 122 | 10(3) | 286 | Send, convey, import or export a prepackaged food whose label bears information that it need not be labelled with, without that information meeting the prescribed requirements | Minor |
| 123 | 10(3) | 289(1) | Send, convey, import or export a consumer prepackaged food whose label does not bear the required information in both official languages | Minor |
| 124 | 10(3) | 290 | Send, convey, import or export a food whose label does not bear the required information in the prescribed manner | Minor |
| 125 | 13(1) | 340 | Conduct one of the prescribed various activities in respect of an organic product without holding a certification or without complying with the prescribed standards | Serious |
| 126 | 13(1) | 350(1)(a) | Label a food commodity that is not an organic product, that is to be sent or conveyed, by showing on its label a prescribed expression, or advertise it using such an expression | Minor |
| 127 | 13(1) | 350(1)(b) | Label a multi-ingredient food commodity that does not contain at least 95% organic products, that is to be sent or conveyed, by showing on its label a prescribed expression, or advertise it using such an expression | Minor |
| 128 | 13(1) | 350(2) | Label a multi-ingredient food commodity that is an organic product but less than 95% of its contents are organic products, that is to be sent or conveyed, by showing on its label a prescribed expression, or advertise it using such an expression, without meeting the prescribed requirements | Minor |
| 129 | 13(1) | 351 | Label a food commodity that is to be sent or conveyed by showing a prescribed expression on its label, or advertise it using a required expression, without also bearing the prescribed information on it in the prescribed manner | Minor |
| 130 | 13(1) | 352(1) | Label a food commodity that is to be sent or conveyed by showing a prescribed expression or information on its label, or advertise it using a required expression or information, without showing the expression or information in both official languages | Minor |
DIVISION 2
| Item | Column 1 Provision of Safe Food for Canadians Regulations |
Column 2 Short-form Description |
Column 3 Classification |
|---|---|---|---|
| 1 | 10(1) | Fail to send or convey a food directly to Canada from a foreign state in which the importer has a fixed place of business that has a food safety system that meets the prescribed requirements | Serious |
| 2 | 11(1) | Fail to provide the prescribed information to the Minister about the import of a food | Serious |
| 3 | 11(2) | Fail to provide the import information to the Minister at the prescribed time | Serious |
| 4 | 12(1)(a) | Fail to immediately deliver an imported meat product to a prescribed establishment, to keep it there until a further inspection is completed or to provide its address to the inspector in the prescribed case | Very serious |
| 5 | 12(1)(b) | Fail to keep an imported food other than a meat product at its first destination until a further inspection is completed | Very serious |
| 6 | 15(3) | Without authorization, mix a prescribed food that is contaminated with a food that is not contaminated | Very serious |
| 7 | 17(1) | Send, convey, import or export a food that does not meet a prescribed standard | Serious |
| 8 | 17(2) | Send, convey, import or export a food that is intended for sale and is likely to be mistaken for a food for which a standard is prescribed without meeting that standard | Serious |
| 9 | 17(3) | Package or label a food in a manner that it is likely to be mistaken for a food for which a standard is prescribed without meeting that standard | Serious |
| 10 | 32(1) | Fail to conduct an activity identified in a licence in the establishment identified in the licence for that activity | Very serious |
| 11 | 32(2) | Fail to conduct an activity identified in a licence during an approved work shift | Very serious |
| 12 | 44(1) | Fail to identify or analyze the biological, chemical and physical hazards that present a risk of contamination of a food or fail to prevent or eliminate those hazards using control measures that are shown to be effective | Very serious |
| 13 | 44(2) | Fail to identify or analyze the biological, chemical and physical hazards that present a risk of contamination of an imported food or fail to prevent or eliminate those hazards using control measures that are shown to be effective | Very serious |
| 14 | 45(1) | Fail to subject a food to any process or treatment that is necessary to eliminate any biological, chemical or physical hazard that might be present in the food and that presents a risk of contamination of the food | Very serious |
| 15 | 45(2) | Fail to use a method that is shown by evidence to be effective to verify that a food meets the prescribed standards | Very serious |
| 16 | 46(1) | Fail to apply the prescribed scheduled process to a low-acid food packaged in a hermetically sealed package or to use a prescribed temperature-sensitive indicator if batch thermal treatment is applied | Very serious |
| 17 | 46(3)(a) | Fail to prepare written documents that set out the prescribed information for a low-acid food | Serious |
| 18 | 46(3)(b) | Fail to prepare written documents that set out the prescribed information for each application of a scheduled process to a low-acid food | Serious |
| 19 | 46(4) | Fail to keep the documents that set out the required information for three years | Serious |
| 20 | 47 and 48(1) | Fail to maintain or operate an establishment in such a manner that the establishment, and any conveyance or equipment in it, are clean and in a sanitary condition | Serious |
| 21 | 47 and 48(2) | Fail to maintain or operate an establishment in such a manner that the cleaning and sanitation of the establishment, and of any conveyance or equipment in it, are conducted as prescribed | Very serious |
| 22 | 47 and 49(1) | Fail to maintain or operate an establishment in such a manner that it is protected against the entry of any animal that presents a risk of contamination of a food | Very serious |
| 23 | 47 and 49(2) | Fail to maintain or operate an establishment in such a manner that no animal other than a prescribed animal is in a facility or conveyance where a prescribed activity is conducted | Serious |
| 24 | 47 and 49(3) | Fail to maintain or operate an establishment in such a manner that the prescribed measures taken present no risk of contamination of a food | Very serious |
| 25 | 47 and 50(a) | Fail to maintain or operate an establishment in such a manner that any sanitizer, agronomic input or non-food chemical agent is properly and clearly identified | Minor |
| 26 | 47 and 50(b) | Fail to maintain or operate an establishment in such a manner that any sanitizer, agronomic input or non-food chemical agent is suitable for its intended use and does not present a risk of contamination of a food | Serious |
| 27 | 47 and 50(c) | Fail to maintain or operate an establishment in such a manner that any sanitizer, agronomic input or non-food chemical agent is handled and used as prescribed | Serious |
| 28 | 47 and 51 | Fail to maintain or operate an establishment in such a manner that any conveyance or equipment that is used in the conduct of a prescribed activity meets the prescribed requirements | Serious |
| 29 | 47 and 52 | Fail to maintain or operate an establishment in such a manner that any conveyance or equipment that is used to handle contaminated materials, waste or any other inedible thing meets the prescribed requirements | Very serious |
| 30 | 47 and 53 | Fail to maintain or operate an establishment where food animals are slaughtered in such a manner that it has equipment for restraining the animals for examination and inspection | Minor |
| 31 | 47 and 54(1) | Fail to maintain or operate an establishment in such a manner that the land does not present a risk of contamination of a food or that measures are taken to eliminate the risk | Serious |
| 32 | 47 and 54(2) | Fail to maintain or operate an establishment in such a manner that it is not located near a place or thing that presents a risk of contamination of a food unless measures are taken to eliminate the risk | Serious |
| 33 | 47 and 55 | Fail to maintain or operate an establishment in such a manner that the interior of any facility or conveyance where a prescribed activity is conducted meets the prescribed requirements | Very serious |
| 34 | 47 and 56(1) | Fail to maintain or operate an establishment where food animals are slaughtered in such a manner that it has separate areas for the conduct of prescribed activities | Serious |
| 35 | 47 and 56(2) | Fail to maintain or operate an establishment where food animals are slaughtered in such a manner that it has an enclosed inedible products area | Very serious |
| 36 | 47 and 56(3) | Fail to maintain or operate an establishment where food animals are slaughtered in such a manner that the floors, ramps, gangways and chutes provide secure footing and do not present a risk of injury to the animals during movement | Serious |
| 37 | 47 and 57(1) | Fail to maintain or operate an establishment in such a manner that a facility or conveyance where a prescribed activity is conducted is designed, constructed and maintained as prescribed | Serious |
| 38 | 47 and 57(2) | Fail to maintain or operate an establishment in such a manner that the movement of persons and things within, into and out of a facility or conveyance does not present a risk of contamination of the food | Serious |
| 39 | 47 and 58 | Fail to maintain or operate an establishment in such a manner that physical or other effective means are used to separate incompatible activities as prescribed | Very serious |
| 40 | 47 and 59 | Fail to maintain or operate an establishment in such a manner that physical or other effective means are used to separate a food from a prescribed thing | Very serious |
| 41 | 47 and 60 | Fail to maintain or operate an establishment in such a manner that any prescribed food is identified and placed in a designated area within the establishment on its arrival and that any other measures that are necessary to prevent contamination of any other food in the establishment are taken | Very serious |
| 42 | 47 and 61(1) | Fail to maintain or operate an establishment in such a manner that it is equipped with natural or artificial lighting that is appropriate | Serious |
| 43 | 47 and 61(2) | Fail to maintain or operate an establishment in such a manner that the light fixtures meet the prescribed requirements | Serious |
| 44 | 47 and 62 | Fail to maintain or operate an establishment in such a manner that a facility or conveyance where a prescribed activity is conducted is equipped with a ventilation system that meets the prescribed requirements | Serious |
| 45 | 47 and 63(1) | Fail to maintain or operate an establishment in such a manner that the temperature and humidity level in a facility or conveyance where a prescribed activity is conducted are maintained at appropriate levels | Serious |
| 46 | 47 and 63(2) | Fail to maintain or operate an establishment in such a manner that the heating, cooling or humidity-control system of the facility or conveyance meets the prescribed requirements | Serious |
| 47 | 47 and 64(1) | Fail to maintain or operate an establishment in such a manner that it has means for the removal and disposal of contaminated materials and waste and is equipped with a drainage, sewage and plumbing system that functions as intended | Very serious |
| 48 | 47 and 64(2) | Fail to maintain or operate an establishment in such a manner that contaminated materials and waste are removed and disposed of as prescribed | Very serious |
| 49 | 47 and 65(1) | Fail to maintain or operate an establishment in such a manner that it is equipped with hand cleaning and sanitizing stations, lavatories, showers, drinking water stations, break rooms and change rooms that meet the prescribed requirements | Serious |
| 50 | 47 and 65(2) | Fail to maintain or operate an establishment in such a manner that the hand cleaning and sanitizing stations supply water as prescribed | Minor |
| 51 | 47 and 65(3) | Fail to maintain or operate an establishment in such a manner that the lavatories do not provide direct access to any area where a prescribed activity is conducted | Minor |
| 52 | 47 and 66 | Fail to maintain or operate an establishment in such a manner that an area that meets the prescribed requirements is provided to an inspector, at their request | Very serious |
| 53 | 47 and 68(1) | Fail to maintain or operate an establishment in such a manner that any water that might come into contact with a food meets the prescribed requirements | Very serious |
| 54 | 47 and 68(2) | Fail to maintain or operate an establishment in such a manner that any steam or ice that might come into contact with a food is made from water that meets the prescribed requirements | Very serious |
| 55 | 47 and 68(3) | Fail to maintain or operate an establishment in such a manner that any system that supplies water meets the prescribed requirements | Very serious |
| 56 | 47 and 68(4) | Fail to maintain or operate an establishment in such a manner that any water given to a food animal that is to be slaughtered meets the prescribed requirements | Very serious |
| 57 | 47 and 69(1) | Fail to maintain or operate an establishment in such a manner that it is supplied with water, steam and ice that are appropriate and that meet the prescribed requirements | Very serious |
| 58 | 47 and 69(2) | Fail to maintain or operate an establishment in such a manner that any treatment of water, steam or ice is applied as prescribed | Very serious |
| 59 | 47 and 70 | Fail to maintain or operate an establishment in such a manner that any conveyance used to convey a food to or from the establishment that is unloaded or loaded at the establishment meets the prescribed requirements | Very serious |
| 60 | 47 and 71 | Fail to maintain or operate an establishment in such a manner that any unloading and loading of a food or food animals to be slaughtered from or onto a conveyance is conducted as prescribed | Very serious |
| 61 | 47 and 72(1) | Fail to maintain or operate an establishment in such a manner that any storing of food is conducted as prescribed | Very serious |
| 62 | 47 and 72(2) | Fail to maintain or operate an establishment in such a manner that any storing of any thing used in the conduct of a prescribed activity is conducted as prescribed | Very serious |
| 63 | 47 and 73 | Fail to maintain or operate an establishment in such a manner that any person who is involved in a prescribed activity has the necessary competencies and qualifications | Very serious |
| 64 | 47 and 74 | Fail to maintain or operate an establishment in such a manner that any person who enters or is in an area where a prescribed activity is conducted wears clothing, footwear and protective coverings that meet the prescribed requirements | Serious |
| 65 | 47 and 75 | Fail to maintain or operate an establishment in such a manner that any person who enters or is in an area where a prescribed activity is conducted maintains personal cleanliness as prescribed | Serious |
| 66 | 47 and 76 | Fail to maintain or operate an establishment in such a manner that any person who enters or is in an area where a prescribed activity is conducted refrains from doing a prescribed act | Serious |
| 67 | 47 and 77 | Fail to maintain or operate an establishment in such a manner that any person who enters or is in an area where a prescribed activity is conducted refrains from wearing or using an object or substance that presents a risk of contamination of the food | Serious |
| 68 | 47 and 78 | Fail to maintain or operate an establishment in such a manner that any person who works in an area where a prescribed activity is conducted reports a disease or illness, symptoms of a disease or illness or an open or infected lesion to the operator | Very serious |
| 69 | 73 | Fail to have the necessary competencies or qualifications to conduct a prescribed activity | Very serious |
| 70 | 74 | Fail to wear clothing, footwear or protective coverings that meet the prescribed requirements when entering or when in an area where a prescribed activity is conducted | Serious |
| 71 | 75 | Fail to maintain personal cleanliness as prescribed when entering or when in an area where a prescribed activity is conducted | Serious |
| 72 | 76 | Do a prescribed act when entering or when in an area where a prescribed activity is conducted | Serious |
| 73 | 77 | Wear or use any object or substance that presents a risk of contamination of the food when entering or when in an area where a prescribed activity is conducted | Serious |
| 74 | 78 | Fail to report to the operator a disease or illness, symptoms of a disease or illness or an open or infected lesion | Very serious |
| 75 | 79 | Fail to prevent a person who is suffering from or who is a known carrier of a communicable disease or who has an open or infected lesion from being in an area of an establishment where a prescribed activity is conducted | Very serious |
| 76 | 80(1) | Fail to immediately investigate in the prescribed circumstances | Very serious |
| 77 | 80(1) and 83 | Fail to immediately investigate in respect of an imported food in the prescribed circumstances | Very serious |
| 78 | 80(2) | Fail to immediately notify the Minister of the results of an investigation or to immediately take action to mitigate any risk of injury to human health | Very serious |
| 79 | 80(2) and 83 | Fail to immediately notify the Minister of the results of an investigation in respect of an imported food or to immediately take action to mitigate any risk of injury to human health | Very serious |
| 80 | 81(1) | Fail to prepare, keep or maintain a written procedure for receiving, investigating and responding to complaints in relation to a food | Serious |
| 81 | 81(1) and 83 | Fail to prepare, keep or maintain a written procedure for receiving, investigating and responding to complaints in relation to imported food | Serious |
| 82 | 81(2) | On receipt of a complaint, fail to implement the procedure, to prepare a written document setting out the prescribed information or to keep the document for two years | Serious |
| 83 | 81(2) and 83 | On receipt of a complaint in respect of an imported food, fail to implement the procedure, to prepare a written document setting out the prescribed information or to keep the document for two years | Serious |
| 84 | 82(1) | Fail to prepare, keep or maintain a written document that sets out an effective food recall procedure and the name of prescribed contact persons | Serious |
| 85 | 82(1) and 83 | Fail to prepare, keep or maintain a written document that sets out an effective food recall procedure in respect of imported food and the name of prescribed contact persons | Serious |
| 86 | 82(2) | Fail to conduct a recall simulation based on the recall procedure at least once a year | Minor |
| 87 | 82(2) and 83 | Fail to conduct a recall simulation based on the recall procedure in respect of imported food at least once a year | Minor |
| 88 | 82(3) | Fail to take the prescribed measures when a food is recalled | Serious |
| 89 | 82(3) and 83 | Fail to take the prescribed measures when an imported food is recalled | Serious |
| 90 | 84(1) | Fail to prepare, keep or maintain a written preventive control plan that meets the prescribed requirements for any activity that is identified in their licence | Very serious |
| 91 | 85 | Fail to prepare, keep or maintain a written preventive control plan that meets the prescribed requirements for any activity conducted in respect of fresh fruits or vegetables in the prescribed circumstances | Very serious |
| 92 | 86 | Fail to implement a preventive control plan | Very serious |
| 93 | 88(1) | Fail to prepare or keep documents setting out the prescribed information with respect to a food in the prescribed circumstances | Very serious |
| 94 | 88(2) | Fail to prepare or keep documents setting out the required information with respect to a food sold at retail | Very serious |
| 95 | 88(3) | Fail to keep the prescribed documents for two years or to make them accessible in Canada | Very serious |
| 96 | 89(1) | Fail to provide the Minister with any prescribed document requested by the Minister or any part of such a document as prescribed | Very serious |
| 97 | 90 | Provide to a person a food that does not have a label bearing the required information applied or attached to it or that does not have such a label accompanying the food | Very serious |
| 98 | 93 | Fail to deliver imported eggs graded Grade C or Grade Nest Run directly to a prescribed establishment | Serious |
| 99 | 95 | Remove imported ungraded eggs from a prescribed establishment without meeting the prescribed requirements | Serious |
| 100 | 97 | Apply to an egg's shell ink that does not meet the prescribed requirements | Serious |
| 101 | 98 | Fail to clean, sanitize or dry plastic trays before sending them to an egg producer | Serious |
| 102 | 101(1)(a) | Import live, freshwater mitten crab of the genus Eriocheir | Very serious |
| 103 | 101(1)(b) | Import a puffer fish of the family Tetraodontidae | Very serious |
| 104 | 104(a) | Fail to protect from dehydration or oxidation frozen fish stored in a conveyance | Minor |
| 105 | 104(b) | Fail to maintain any storage area of a conveyance where frozen fish is stored at a temperature of -18°C or less | Serious |
| 106 | 125 | Identify a prescribed meat product as edible | Serious |
| 107 | 127 | Fail to handle a food animal in the prescribed manner | Serious |
| 108 | 128(1) | Hit a food animal with a whip, prod or any other object | Serious |
| 109 | 128(2) | Apply an electric prod to a food animal without meeting the prescribed requirements | Serious |
| 110 | 129(1) | Fail to assess whether a food animal is showing signs of suffering or injury on its arrival at the establishment | Serious |
| 111 | 129(2) | Fail to monitor a food animal on a continuous basis after its arrival at the establishment | Serious |
| 112 | 129(3) | Fail to immediately take corrective action if the prescribed conditions exist | Serious |
| 113 | 129(4) | Fail to immediately take a prescribed measure in respect of a food animal that is showing signs of suffering | Very serious |
| 114 | 130(a) | Fail to monitor a game animal on a continuous basis | Serious |
| 115 | 130(b) | Fail to immediately take corrective action if the prescribed conditions exist in respect of a game animal | Serious |
| 116 | 130(c) | Fail to immediately take a prescribed measure in respect of a game animal that is showing signs of suffering | Very serious |
| 117 | 131(a) | Fail to segregate different species of food animals | Serious |
| 118 | 131(b) | Fail to isolate a prescribed food animal | Serious |
| 119 | 132 | Fail to provide a food animal with sufficient space | Very serious |
| 120 | 133 | Fail to provide a food animal with sufficient ventilation | Very serious |
| 121 | 134(1) | Handle, restrain, hold, segregate, render unconscious, slaughter or humanely kill a food animal without meeting the prescribed requirements | Serious |
| 122 | 134(2) | Fail to use equipment or an area of an establishment, for the prescribed purposes, that is designed, constructed or maintained as prescribed | Serious |
| 123 | 135(1) | Fail to provide a prescribed food animal that is unloaded from a conveyance at an establishment with a source of hydration or with feed as prescribed | Very serious |
| 124 | 135(2) | Fail to provide a food animal that is confined in a crate and that is unloaded from a conveyance at an establishment with a source of hydration or with feed as prescribed | Very serious |
| 125 | 136(1) | Fail to notify an official veterinarian before removing a food animal from an establishment | Serious |
| 126 | 136(2) | Fail to notify an official veterinarian before keeping a food animal in an establishment for more than seven days | Serious |
| 127 | 137(1) | Fail to conduct, within 24 hours before slaughter, an ante-mortem examination of a food animal that is to be slaughtered or of a sample from the shipment that the food animal is part of in accordance with the prescribed document | Serious |
| 128 | 137(2) | Fail to hold for inspection, by an official veterinarian, a food animal suspected of showing a deviation from normal behaviour, physiology or appearance | Very serious |
| 129 | 138(1) | Fail to present for ante-mortem inspection, within 24 hours before slaughter, a food animal that is to be slaughtered or of a sample from the shipment that the food animal is part of in accordance with the prescribed document | Serious |
| 130 | 138(3) | Fail to hold a food animal for inspection by an official veterinarian in the prescribed circumstances | Very serious |
| 131 | 139 | Fail to take the prescribed measures in respect of a food animal, its carcass or its blood following a determination by an official veterinarian that any meat product that would be derived from the animal could not be identified as edible | Very serious |
| 132 | 140 | Fail to use one of the prescribed methods to render a food animal unconscious or to slaughter it before bleeding it | Very serious |
| 133 | 141 | Cut the carcass of a food animal after bleeding has started when the animal shows signs of sensibility | Very serious |
| 134 | 142(1) | Suspend a food animal without meeting the prescribed requirements | Very serious |
| 135 | 143 | Ritually slaughter a food animal without meeting the prescribed requirements | Very serious |
| 136 | 144(1) | Fail to dress the carcass of a food animal in the prescribed manner after the animal is bled | Serious |
| 137 | 145 | Fail to remove any blood clot, bone splinter or extraneous matter from the carcass of a food animal or from its parts or fail to identify what was removed as inedible | Serious |
| 138 | 146 | Process the blood of a food animal without meeting the prescribed requirements | Serious |
| 139 | 147(1) | Fail to identify the blood or the parts of a carcass in order to correlate them with the carcass of the food animal from which they were removed | Serious |
| 140 | 147(2) | Fail to maintain the identification of the blood or parts of a carcass until the completion of the post-mortem inspection or examination | Serious |
| 141 | 148(1) | Fail to present to an official veterinarian or an inspector under their supervision a carcass, its parts or any blood for post-mortem inspection | Very serious |
| 142 | 148(2) | Without authorization, remove from a carcass, before a post-mortem inspection, any part that shows a deviation from normal appearance | Very serious |
| 143 | 149 | Fail to subject a carcass, its parts or the blood to a post-mortem examination as prescribed | Very serious |
| 144 | 150 | Fail to condemn a carcass, its parts or blood following a determination by an official veterinarian or an inspector under their supervision that any meat product that would be derived from any one of them would be inedible | Very serious |
| 145 | 151 | Fail to identify as inedible a prescribed carcass, its parts or blood | Very serious |
| 146 | 152(2) | Fail to identify as inedible a meat product that is treated as inedible | Very serious |
| 147 | 153(1) | Fail to move a carcass, its parts, the blood or any other meat product that is condemned or identified as inedible to the prescribed inedible products area | Very serious |
| 148 | 153(2) | Fail to take one of the prescribed measures in respect of a meat product that is moved to the inedible products area | Very serious |
| 149 | 153(3) | Fail to keep a meat product that is, contains or is derived from a specified risk material in a separate area of the inedible products area or fail to handle or destroy it in accordance with the prescribed requirements | Very serious |
| 150 | 154 | Fail to take one of the prescribed measures in respect of a contaminated meat product | Very serious |
| 151 | 163(1) | Fail to obtain documents containing the prescribed information from the prescribed person before slaughtering a prescribed food animal | Very serious |
| 152 | 163(4) | Fail to keep the prescribed documents for one year | Very serious |
| 153 | 164(1) | Fail to prepare or keep documents setting out the prescribed information in respect of food animals | Very serious |
| 154 | 164(2) | Fail to keep the prescribed documents for one year | Very serious |
| 155 | 198 | Sell a consumer prepackaged food whose label bears a prescribed word or expression or an abbreviation, symbol or phonetic rendering of a prescribed word or expression without the food meeting the prescribed standard | Serious |
| 156 | 200 and 203(1)(a) | Sell a prepackaged food whose label does not bear the common name of the food on the principal display panel | Serious |
| 157 | 200 and 203(1)(b) | Sell a prepackaged food whose label does not bear the name and principal place of business of the person by whom or for whom the food was manufactured, prepared, stored, packaged or labelled on the prescribed part | Serious |
| 158 | 200 and 203(1)(c) | Sell a prepackaged food whose label does not bear the prescribed information | Very serious |
| 159 | 200 and 206 | Sell a consumer prepackaged food whose label does not bear the declaration of net quantity on its principal display panel | Minor |
| 160 | 200 and 207 | Sell a consumer prepackaged food whose label bears a reference to the place of manufacture of the label or container but does not bear the prescribed additional statement | Minor |
| 161 | 200 and 208(1) | Sell a consumer prepackaged food wholly manufactured, processed or produced in a foreign state, whose label does not show the prescribed information in the prescribed manner | Minor |
| 162 | 200 and 208(2) | Sell a consumer prepackaged food whose food has been wholly manufactured, processed or produced in a foreign state, that has been packaged in Canada and whose label does not show the prescribed information in the prescribed manner | Minor |
| 163 | 200 and 208(3) | Sell a consumer prepackaged food whose label does not show the geographic origin of the food in the prescribed manner | Minor |
| 164 | 200 and 209(1) | Sell a consumer prepackaged food to which a flavouring a ingredient is added and whose label does not bear the prescribed statement | Minor |
| 165 | 200 and 209(2) | Sell a consumer prepackaged food to which a flavouring ingredient has been added and whose label does not bear the required statement at the prescribed location | Minor |
| 166 | 200 and 210 | Sell a prepackaged food whose label is not applied or attached to it in such a manner that the food will be labelled at the time it is sold | Minor |
| 167 | 200 and 211 | Sell a consumer prepackaged food whose label is not applied or attached to the container as prescribed | Minor |
| 168 | 200 and 212(1) | Sell a consumer prepackaged food that does not have all or part of the label applied to the principal display surface | Minor |
| 169 | 200 and 216(1) | Sell a consumer prepackaged food whose prescribed information is not shown on the label in characters of at least the minimum prescribed height | Minor |
| 170 | 200 and 217 | Sell a consumer prepackaged food whose declaration of net quantity shown on the label does not meet the prescribed requirements | Minor |
| 171 | 200 and 218(1) | Sell a consumer prepackaged food whose declaration of net quantity is not shown on the label by volume or weight as prescribed | Minor |
| 172 | 200 and 219 | Sell a consumer prepackaged food whose declaration of net quantity is not shown on the label by volume, weight or numerical count as prescribed | Minor |
| 173 | 200 and 220 | Sell a consumer prepackaged food whose declaration of net quantity is not shown on the label in metric units | Minor |
| 174 | 200 and 221(1) | Sell a consumer prepackaged food whose metric units shown on the label in the declaration of net quantity are not in the prescribed units | Minor |
| 175 | 200 and 227 | Sell a prescribed consumer prepackaged food consisting of two or more individually packaged foods, but sold as one unit, whose declaration of net quantity does not show the prescribed information on the label | Minor |
| 176 | 214 | Advertise a consumer prepackaged food that does not have a label applied or attached to it in the prescribed manner or that does not have a label bearing the declaration of net quantity on its principal display panel | Minor |
| 177 | 215 | Make a representation with respect to net quantity in the advertising for a consumer prepackaged food other than in the prescribed manner | Minor |
| 178 | 228 | Apply or attach to a consumer prepackaged food a label that bears a representation with respect to the number of servings it contains without a declaration of net quantity of each serving as prescribed | Minor |
| 179 | 334 | Without authorization, remove a detention tag | Very serious |
| 180 | 336 | Fail to store a seized thing under conditions that are appropriate | Serious |
Coming into Force
3 These Regulations come into force on the day on which section 1 of the Safe Food for Canadians Act, chapter 24 of the Statutes of Canada, 2012, comes into force, but if they are registered after that day, they come into force on the day on which they are registered.
[42-1-o]