Feeds Act

CHAPTER F-9

An Act to control and regulate the sale of feeds

SHORT TITLE

1. This Act may be cited as the Feeds Act.

R.S., c. F-7, s. 1.

INTERPRETATION

2. In this Act,

"analyst" means a person designated as an analyst pursuant to section 6;

"feed" means any substance or mixture of substances containing amino acids, anti-oxidants, carbohydrates, condiments, enzymes, fats, minerals, non-protein nitrogen products, proteins or vitamins, or pelletizing, colouring, foaming or flavouring agents and any other substance manufactured, sold or represented for use

(a) for consumption by livestock,

(b) for providing the nutritional requirements of livestock, or

(c) for the purpose of preventing or correcting nutritional disorders of livestock,

or any substance for use in any such substance or mixture of substances;

"inspector" means a person designated as an inspector pursuant to section 6;

"label" includes any legend, word, mark, symbol or design applied or attached to, included in, belonging to or accompanying any feed or package;

"livestock" means horses, cattle, sheep, goats, swine, foxes, fish, mink, rabbits and poultry and includes such other creatures as may be designated by regulation as livestock for the purposes of this Act;

"Minister" means the Minister of Agriculture and Agri-Food;

"package" includes a sack, bag, barrel, case or any other container in which feeds are placed or packed;

"penalty" means an administrative monetary penalty imposed under the Agriculture and Agri-Food Administrative Monetary Penalties Act for a violation;

"prescribed" means prescribed by regulation;

"sell" includes sell, offer for sale, expose for sale, have in possession for sale and distribute;

"Tribunal" means the Review Tribunal continued by subsection 4.1(1) of the Canada Agricultural Products Act;

"violation" means any contravention of this Act or the regulations that may be proceeded with in accordance with the Agriculture and Agri-Food Administrative Monetary Penalties Act.

R.S., 1985, c. F-9, s. 2; 1994, c. 38, s. 25; 1995, c. 40, s. 46; 1997, c. 6, s. 45.

PROHIBITIONS

3. (1) No person shall manufacture, sell or import into Canada any feed unless the feed

(a) has been registered as prescribed;

(b) conforms to prescribed standards; and

(c) is packaged and labelled as prescribed.

(2) Paragraphs (1)(a) and (b) do not apply to any feed consisting of whole seeds or grains of cultivated farm crops if it is free from prescribed deleterious substances.

(3) No person shall manufacture, sell or import into Canada in contravention of the regulations any feed that may adversely affect animal or human health.

R.S., c. F-7, s. 3; 1974-75-76, c. 94, s. 2.

4. This Act does not apply in respect of a feed

(a) that is manufactured by a livestock producer if it is not offered for sale and has not had incorporated into it any drug or other substance that may adversely affect human health or the environment; or

(b) that is sold by the individual grower thereof, if it is free from prescribed deleterious substances.

R.S., c. F-7, s. 4; 1974-75-76, c. 94, s. 2.

REGULATIONS

5. The Governor in Council may make regulations

(a) prescribing the form in which applications for registration of feeds shall be made and the information to be furnished therewith;

(b) respecting the registration of feeds and prescribing fees for registration;

(c) respecting the duration and cancellation of the registration of feeds;

(d) exempting any feed or any person from the operation of all or any of the provisions of this Act;

(e) prescribing the form, composition and other standards for feeds;

(f) respecting the packaging and labelling of feeds and packages thereof;

(g) respecting the taking of samples and the making of analyses for the purposes of this Act;

(h) providing that feeds registered under this Act and containing a control product as defined in the Pest Control Products Act shall, in prescribed circumstances and subject to prescribed conditions, be deemed to be registered under that Act;

(i) designating specific animals and birds as livestock for the purposes of this Act;

(j) respecting the detention, preservation and safeguarding of anything seized under section 9;

(k) respecting the disposition of anything forfeited under section 9;

(l) prescribing anything else that by this Act is required to be prescribed; and

(m) generally, for carrying out the purposes and provisions of this Act.

R.S., 1985, c. F-9, s. 5; 2001, c. 4, s. 84(F).

ENFORCEMENT

6. (1) The President of the Canadian Food Inspection Agency may designate under section 13 of the Canadian Food Inspection Agency Act the inspectors and analysts necessary for the administration and enforcement of this Act.

(2) Inspectors shall be given certificates in a form established by the President of that Agency attesting to their designation and, on entering any place under subsection 7(1), an inspector shall, if so required, produce the certificate to the person in charge of that place.

R.S., 1985, c. F-9, s. 6; 1997, c. 6, s. 46.

7. (1) Subject to subsection (1.1), an inspector may at any reasonable time

(a) enter any place in which the inspector believes on reasonable grounds there is any feed to which this Act applies;

(b) open any package found in that place that the inspector believes on reasonable grounds contains any such feed;

(c) examine the feed and take samples thereof; and

(d) require any person to produce for inspection or for the purpose of obtaining copies thereof or extracts therefrom any books, shipping bills, bills of lading, documents containing mixing instructions, or other documents or papers with respect to the administration of this Act or the regulations.

(1.1) Where any place referred to in paragraph (1)(a) is a dwelling-house, an inspector may not enter that dwelling-house without the consent of the occupant except under the authority of a warrant issued under subsection (1.2).

(1.2) Where on ex parte application a justice of the peace is satisfied by information on oath

(a) that the conditions for entry described in paragraph (1)(a) exist in relation to a dwelling-house,

(b) that entry to the dwelling-house is necessary for any purpose relating to the administration or enforcement of this Act, and

(c) that entry to the dwelling-house has been refused or that there are reasonable grounds for believing that entry thereto will be refused,

the justice of the peace may issue a warrant under his hand authorizing the inspector named therein to enter that dwelling-house subject to such conditions as may be specified in the warrant.

(1.3) In executing a warrant issued under subsection (1.2), the inspector named therein shall not use force unless the inspector is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.

(2) The owner or person in charge of any place described in subsection (1) and every person found in that place shall give an inspector all reasonable assistance to enable the inspector to carry out his duties and functions under this Act and shall furnish the inspector with any information he may reasonably require with respect to the administration of this Act and the regulations.

R.S., 1985, c. F-9, s. 7; R.S., 1985, c. 31 (1st Supp.), s. 8.

8. (1) No person shall obstruct or hinder an inspector in the carrying out of his duties or functions under this Act.

(2) No person shall make a false or misleading statement either orally or in writing to an inspector or other officer engaged in carrying out his duties or functions under this Act.

R.S., c. F-7, s. 9.

9. (1) Where an inspector believes on reasonable grounds that this Act or the regulations have been contravened, the inspector may seize any article by means of or in relation to which the inspector believes on reasonable grounds the contravention was committed.

(2) Any article seized pursuant to subsection (1) shall not be detained after

(a) the provisions of this Act and the regulations have, in the opinion of the inspector, been complied with, or

(b) the expiration of six months after the day of the seizure,

unless before that time proceedings have been instituted in respect of the contravention, in which event the article may be detained until the proceedings are finally concluded.

(3) Where the Tribunal decides that a person has committed a violation, or a person is convicted of an offence under this Act, the Tribunal or the convicting court, as the case may be, may, in addition to any penalty or punishment imposed, order that any article by means of or in relation to which the violation or offence was committed, be forfeited to Her Majesty in right of Canada.

R.S., 1985, c. F-9, s. 9; 1995, c. 40, s. 47.

OFFENCES AND PUNISHMENT

10. (1) Every person who, or whose employee or agent, contravenes any provision of this Act or the regulations is guilty of

(a) an offence punishable on summary conviction and liable to a fine not exceeding $50,000 or to imprisonment for a term not exceeding six months, or to both; or

(b) an indictable offence and liable to a fine not exceeding $250,000 or to imprisonment for a term not exceeding two years, or to both.

(2) Where a corporation commits an offence under this Act or the regulations, any director or officer of the corporation who authorizes or acquiesces in the offence or fails to exercise due diligence to prevent its commission is guilty of an offence and liable to the punishment provided for in subsection (1).

(3) In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused whether or not the employee or agent is identified or has been prosecuted for the offence.

(4) Proceedings by way of summary conviction in respect of an offence under this Act may be instituted at any time within two years after the time when the subject-matter of the proceedings becomes known to the Minister.

(5) A document purporting to have been issued by the Minister, certifying the day on which the subject-matter of any proceedings became known to the Minister, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and is evidence of the matters asserted in it.

R.S., 1985, c. F-9, s. 10; 1995, c. 40, s. 48; 1997, c. 6, s. 47.

11. (1) A certificate of an analyst stating that the analyst has examined a substance or a sample submitted to the analyst by an inspector and stating the result of the examination is admissible in evidence in any proceedings for a violation, or for an offence under this Act, and, in the absence of any evidence to the contrary, is proof of the statement of analysis contained in the certificate.

(2) In any proceedings for a violation, or for an offence under this Act, a document purporting to be the certificate of an analyst shall be admitted in evidence without proof of the signature of the person by whom it purports to be signed and without proof of that person's official position.

R.S., 1985, c. F-9, s. 11; 1995, c. 40, s. 49.

12. A complaint or information in respect of an offence under this Act may be heard, tried or determined by a provincial court judge or a justice if the accused is resident or carrying on business within the territorial jurisdiction of the provincial court judge or justice, although the matter of the complaint or information did not arise in that territorial jurisdiction.

R.S., 1985, c. F-9, s. 12; R.S., 1985, c. 27 (1st Supp.), s. 203.

AMENDMENT NOT IN FORCE

-- 2002, c. 28, s. 83:

83. Paragraph 5(h) of the Feeds Act is replaced by the following:

(h) providing that feeds registered under this Act and containing a pest control product as defined in subsection 2(1) of the Pest Control Products Act are, in prescribed circumstances and subject to prescribed conditions, deemed to be registered under that Act;

RELATED PROVISION

-- 1997, c. 6, s. 47(2):

(2) For greater certainty, the two year limitation period provided for in subsection 10(4) of the Act, as amended by subsection (1), only applies in respect of offences committed after the coming into force of that subsection.