Bill C-440

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	1st Session, 37th Parliament, 49-50-51 Elizabeth II, 2001-2002
	House of Commons of Canada
	BILL C-440
	An Act respecting the use of dairy terms
	Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
	SHORT TITLE
Short title	1. This Act may be cited as the Dairy Terms Act.
	INTERPRETATION
Definitions	2. The definitions in this section apply in this Act.
``advertise'' « publicité »	``advertise'' means to distribute to members of the public or to bring to their notice, by any means whatever, any written, illustrated, visual or other descriptive material, oral statement, communication, representation or reference with the intention of
	(a) promoting the sale of any food;
	(b) encouraging the use of any food; or
	(c) drawing attention to the nature, properties, advantages or uses of any food or the manner in which or the conditions on which it may be purchased or otherwise acquired.
``claim'' « allégation »	``claim'' means an assertion in the labelling, packaging, marketing, selling or advertising of a food.
``composite milk product'' « produit composé de lait »	``composite milk product'' means a product in which the milk, milk products or milk constituents form a substantial proportion of and are an essential part of the final product as consumed, and in which the constituents not derived from milk are not intended to take the place, in whole or in part, of any milk constituent.
``dairy terms'' « termes laitiers »	``dairy terms'' means names which refer to or are suggestive, directly or indirectly, of milk or milk products, including those set out in the Schedule and those designated by the regulations, and designations, symbols and pictorial or other devices that relate to or suggest such milk products.
``food'' « aliment »	``food'' means anything manufactured, sold or represented for use as food or drink for human beings, chewing gum, and any ingredient that may be mixed with food, including a food additive, for any purpose whatever.
``ingredient'' « ingrédient »	``ingredient'' means a constituent of food that is combined with one or more other constituents to form a food for consumption.
``label'' « étiquette »	``label'' means a legend, word, mark, symbol or design applied or attached to, included in or accompanying any food or package containing food.
``market'' « commerciali ser »	``market'' means buy, sell or display with a view to sell, or offer for sale, and includes the actions of advertising, pricing, financing, assembling, storing, packing, delivering or transporting for such a purpose.
``milk'' « lait »	``milk'' means the normal secretion that is obtained from one or more milkings of the mammary gland of a cow, genus Bos, and that is intended for consumption as liquid milk or for further processing, without addition or extraction of any substance.
``milk constituents'' « constituants du lait »	``milk constituents'' means one or more of the separable constituents of milk.
``milk products'' « produit laitier »	``milk products'' means products obtained exclusively from the processing of milk, with or without the addition of food additives and other ingredients that are
	(a) functionally necessary for the processing; and
	(b) not used primarily to replace, in whole or in part, any milk constituent.
``Minister'' « ministre »	``Minister'' means the Minister of Agriculture and Agri-Food.
``sell'' « vente »	``sell'' includes
	(a) agree to sell;
	(b) offer, advertise, keep, expose, transport, send, convey or deliver for sale; or
	(c) agree to exchange or to dispose of to any person in any manner for a consideration.
``substitute'' « succédané »	``substitute'' means any food product that may be substituted for milk or a milk product, or that contains an ingredient which may be substituted for milk or a milk product, and that possesses external characteristics or an implied mode of use associated with a dairy product.
	PURPOSE OF ACT
Purpose of Act	3. The purpose of this Act is to ensure that food is described or presented in such a manner as to ensure the correct use of dairy terms intended for milk and milk products, to protect consumers from being confused or misled and to ensure fair practices in the food trade.
	APPLICATION
Application	4. This Act applies to all food marketed for human consumption in Canada.
	PROHIBITIONS
Prohibitions	5. No person shall manufacture, offer for sale, sell, market or advertise for sale any food to which this Act applies, if it is described in a manner contrary to this Act.
	USE OF DAIRY TERMS
Use of the term ``milk''	6. (1) No food may be marketed as milk unless it conforms to the definition of ``milk'' in section 2.
Composite milk products	(2) Notwithstanding subsection (1), the term ``milk'' may be used in association with another word or other words to designate composite milk products if a clear description of the modification to which the milk has been subjected is shown in close proximity to the name.
Milk of other mammals	(3) Notwithstanding subsection (1), the normal mammary secretion from a mammal other than a cow, genus Bos, may be marketed as ``milk'' if the genus of the mammal from which it was taken is shown in immediate proximity to the word ``milk''.
Adjusted products	(4) Notwithstanding subsections (1) and (2), milk that is adjusted for fat or protein content, and that is intended for direct consumption, may also be named ``milk'' if
	(a) it is sold only where such adjustment is permitted in the province where it is sold at retail;
	(b) the minimum and maximum limits of fat or protein content, as the case may be, of the adjusted milk are specified in the legislation of the province where it is sold at retail;
	(c) the adjustment has been performed according to methods permitted by the legislation of the province where it is to be sold at retail, and only by the addition or withdrawal of milk constituents, without altering the whey protein to casein ratio; and
	(d) the milk is labelled to state that it has been adjusted in accordance with the provisions of the legislation of the province where it is sold at retail.
Use of dairy terms	(5) A dairy term may be used in association with another word or other words to designate a composite milk product, if
	(a) no part takes or is intended to take the place of any milk constituent; and
	(b) the milk or milk product is an essential part either in terms of quantity or for characterization of the qualities of the product.
Use of dairy terms for composite milk products	(6) A product complying with the descriptions in subsection (2) or (4) may be named ``milk'' or given the name specified for a milk product, if
	(a) a clear description of other characterizing ingredients, such as foods, spices, herbs and flavours, is given in close proximity to the name; and
	(b) the terms are used to designate composite milk products of which no part takes or is intended to take the place of any milk constituent and of which milk or a milk product is an essential part either in terms of quantity or for characterization of the qualities of the product.
Use of dairy terms for other foods	(7) A dairy term may be used only to label or identify milk, milk products or composite milk products, in accordance with subsections (1) to (6).
Exception for certain users	(8) Subject to subsection (9), the use of a dairy term in the name of a food product is permitted when the exact nature of the food product is clear from traditional usage or when the dairy term is clearly used to describe a characteristic quality of the food product.
Substitutes excepted	(9) In the event that a food product, or an ingredient of a food product, is intended to substitute for milk or a milk product, dairy terms shall not be used for that food product, except as permitted by subsection (10).
Uses not permitted	(10) Subject to subsection (11), no label or other description may be used, in marketing a food that is not milk, a milk product or a composite milk product, that claims, implies or suggests that the product is milk, a milk product or a composite milk product, or that refers to one or more of these products.
List of ingredients	(11) In the case of a food that contains milk or milk products, the term ``milk'' or any other dairy term may be used in the list of ingredients of that food.
Use of term ``milk flavour''	(12) No person shall market a food labelled with the words ``flavour'' or ``taste'' in conjunction with the word ``milk'' or a dairy term if the product is not milk, a milk product or a composite milk product.
Transitional period	7. Where a use of a dairy term for a food established prior to the date on which this Act comes into force, sections 5 and 6 do not apply to that use until the date that is one year after the date on which this Act comes into force.
Indication of substitutes on menus	8. In an establishment where food that is ready for consumption is served for a consideration, for consumption on or off the premises, no person shall offer or serve any substitute without so informing the consumer by an indication on the menu or, if there is no menu, on a sign or label.
	ENFORCEMENT
Powers of inspectors	9. (1) An inspector designated pursuant to subsection 13(3) of the Canadian Food Inspection Agency Act shall have the authority to detain, prohibit the marketing or sale, or order the disposal of any food that does not meet the requirements of this Act and the regulations.
Powers of inspectors	(2) An inspector may, after obtaining a warrant under subsection (4),
	(a) enter any place in which the inspector believes on reasonable grounds there is any food to which this Act applies;
	(b) open any package found in that place that the inspector believes on reasonable grounds contains such food;
	(c) examine any food and take samples thereof; and
	(d) require any person to produce, for inspection or for the purpose of obtaining copies or extracts, any books, shipping bills, bills of lading or other documents or papers with respect to the administration of this Act or the regulations.
Warrant	(3) An inspector may not enter any place without the consent of the occupant except under the authority of a warrant issued under subsection (4).
Authority to issue warrant	(4) A justice of the peace may issue a warrant under his hand authorizing the inspector named therein to enter a place at such time or times and subject to such other conditions as may be specified in the warrant where, on ex parte application, the justice of the peace is satisfied by information on oath
	(a) that the conditions for entry described in paragraph (2)(a) exist in relation to the place;
	(b) that entry is necessary for any purpose relating to the administration or enforcement of this Act; and
	(c) that entry has been refused or that there are reasonable grounds for believing that entry thereto will be refused.
Use of force	(5) In executing a warrant issued under subsection (4), 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	(6) The owner or person in charge of any place described in subsection (2) and every person found in that place shall give an inspector all reasonable assistance to enable the inspector to carry out their duties and functions under this Act, and shall furnish the inspector with any information they may reasonably require with respect to the administration of this Act and the regulations.
Obstruction of inspectors	10. (1) No person shall obstruct or hinder an inspector in the carrying out of their duties or functions under this Act.
False statements	(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 their duties or functions under this Act.
Seizure	11. (1) Where an inspector believes on reasonable grounds that this Act has been contravened, the inspector may seize the food product by means of or in relation to which the inspector believes on reasonable grounds the contravention was committed.
Detention	(2) Any food product 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 food product may be detained until the proceedings are finally concluded.
Forfeiture	(3) Where a person has been convicted of an offence under this Act, the court may, in addition to any other penalty imposed, order that every food product by means of or in relation to which the offence was committed is, on the conviction, forfeited to Her Majesty.

Bill C-440

BILL C-440

SHORT TITLE

INTERPRETATION

PURPOSE OF ACT

APPLICATION

PROHIBITIONS

USE OF DAIRY TERMS

ENFORCEMENT