当前位置: 首页? 政策法规? 国外法规? RSC., 1985,c. F-9 饲料法案(feeds acts)

RSC., 1985,c. F-9 饲料法案(feeds acts)

扫描二维 分享好友和朋友圈
放大字体缩小字体2011-08-22 01:55:21 来源9a href="http://laws-lois.justice.gc.ca/eng/acts/F-9/FullText.html" target="_blank" rel="nofollow">加拿大司法部浏览次数9span id="hits">3591
核心提示:本法案对于家禽类饲料产品,包括氨基酸,抗氧化剂,碳水化合物,调味品,脂肪,矿物质质类等产品的销售和流通所制定的管理法案,能够有效控制饲料产品的质量和安全性、/div>
发布单位
加拿大司法部
加拿大司法部
发布文号 RSC., 1985,c. F-9
发布日期 暂无 生效日期 暂无
有效性状?/th> 废止日期 暂无
备注 本法案对于家禽类饲料产品,包括氨基酸,抗氧化剂,碳水化合物,调味品,脂肪,矿物质质类等产品的销售和流通所制定的管理法案,能够有效控制饲料产品的质量和安全性、/td>

  Feeds Act

  R.S.C., 1985, c. F-9

  An Act to control and regulate the sale of feeds

  SHORT TITLE

  Short title

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

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

  INTERPRETATION

  Definitions

  2. In this Act,

  analyst

   analyste

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

  feed

   aliments

  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

   inspecteur

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

  label

   tiquette

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

  livestock

   animaux de ferme

  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

   ministre

  Minister means the Minister of Agriculture and Agri-Food;

  package

   emballage

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

  penalty

   sanction

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

  prescribed

  Version anglaise seulement

  prescribed means prescribed by regulation;

  sell

   vente

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

  Tribunal

   Commission

  Tribunal means the Review Tribunal continued by subsection 4.1? of the Canada Agricultural Products Act;

  violation

   violation

  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

  Absence of registration, etc.

  3. ? 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.

  Exception

  ? Paragraphs ?)(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.

  Feed adversely affecting health

  ? 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.

  Exemptions

  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

  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 pest control product as defined in subsection 2? of the Pest Control Products Act are, in prescribed circumstances and subject to prescribed conditions, 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);2002, c. 28, s. 83.

  Previous Version

  ENFORCEMENT

  Designation of inspectors and analysts

  6. ? 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.

  Designation

  ?.1 The President of the Canada Border Services Agency may designate inspectors under paragraph 9?)(b of the Canada Border Services Agency Act for the purposes of enforcing this Act.

  Certificate to be produced

  ? Inspectors shall be given certificates in a form established by the President of the Canadian Food Inspection Agency or the President of the Canada Border Services Agency, as the case may be, attesting to their designation and, on entering any place under subsection 7?), 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;2005, c. 38, s. 112.

  Previous Version

  Powers of inspectors

  7. ? Subject to subsection ?.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.

  Warrant required to enter dwelling-house

  ?.1 Where any place referred to in paragraph ?)(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 ?.2)、/p>

  Authority to issue warrant

  ?.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 ?)(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.

  Use of force

  ?.3 In executing a warrant issued under subsection ?.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.

  Assistance to inspectors

  ? The owner or person in charge of any place described in subsection ? 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 ?st Supp.), s. 8.

  Obstruction of inspectors

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

  False statements

  ? 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.

  Seizure

  9. ? 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.

  Detention

  ? Any article seized pursuant to subsection ? 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.

  Forfeiture

  ? 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

  Contravention of Act or regulations

  10. ? 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.

  Offence by director or officer of corporation

  ? 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 ?)、/p>

  Offence by employee or agent

  ? 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.

  Limitation period

  ? 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.

  Ministers certificate

  ? 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.

  Certificate of analyst

  11. ? 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.

  Admissibility

  ? 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 persons official position.

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

  Venue

  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 ?st Supp.), s. 203.

  RELATED PROVISIONS

   1997, c. 6, s. 47?(/p>

  Transitional

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

食品伙伴网饲料合规服务中心提供饲料相关标准法规解读、合规咨询、标签审核、进口饲料和饲料添加剂的登记申报、境外工厂注册等服务、br/>电询?535-2129301
邮箱:vip@www.sqrdapp.com
饲料和宠物食品合规联? border=
实时把握 饲料和宠物食品合规动?/span>
请扫码关?span class="color2">饲料和宠物食品合规联盞/span>

声明9/p>

凡本网所有原?编译文章及图片、图表的版权均属食品伙伴网所有,如要转载,需注明“信息来源:食品伙伴网”、br> 凡本网注明“信息来源:XXX(非食品伙伴网)”的作品,均转载自其他媒体,转载目的在于传递更多的信息,并不代表本网赞同其观点和对其真实性负责、br> 邮箱:law#www.sqrdapp.com(发邮件时请?换成@ QQ?39307733

[ 政策法规搜索] [ 加入收藏] [ 告诉好友] [ 打印本文] [ 关闭窗口]


按分类浏觇/strong>
推荐国外法规
点击排行
    按国家或地区浏览

    法规中心 关于我们 广告业务 联系我们 信息服务

    Processed in 0.771 second(s), 10 queries, Memory 4.5 M
    Baidu
    map