Bill C-28

53-54 ELIZABETH II

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CHAPTER 42

An Act to amend the Food and Drugs Act

[Assented to 25th November, 2005]

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. Section 4 of the Food and Drugs Act is renumbered as subsection 4(1) and is amended by adding the following:

(2) A food is not adulterated for the purposes of paragraph (1)(d)

(a) by an agricultural chemical or its components or derivatives, if the sale of the food is subject to an interim marketing authorization issued under subsection 30.2(1) and the amount of the agricultural chemical and the components or derivatives, singly or in any combination, in or on the food does not exceed the maximum residue limit that is set out in the authorization;

(b) by a veterinary drug or its metabolites, if the sale of the food is subject to an interim marketing authorization issued under subsection 30.2(1) and the amount of the veterinary drug and the metabolites, singly or in any combination, in the food does not exceed the maximum residue limit that is set out in the authorization; and

(c) by a pest control product as defined in subsection 2(1) of the Pest Control Products Act, chapter 28 of the Statutes of Canada, 2002, or its components or derivatives, if the amount of the pest control product or the components or derivatives in or on the food being sold does not exceed the maximum residue limit specified under section 9 or 10 of that Act.

2. Subsection 30(1) of the Act is amended by striking out the word “and” at the end of paragraph (o) and by adding the following after paragraph (p):

(q) defining “agricultural chemical”, “food additive”, “mineral nutrient”, “veterinary drug” and “vitamin” for the purposes of this Act; and

(r) respecting interim marketing authorizations, including applications for authorizations.

3. The Act is amended by adding the following after section 30.1:

Interim Marketing Authorizations

30.2 (1) The Minister may issue an interim marketing authorization for a food that provides for any matter referred to in subsection (2), and may exempt the food from the application, in whole or in part, of sections 5 to 6.1 and the applicable requirements of the regulations, if the Minister determines that the food would not be harmful to the health of the purchaser or consumer.

(2) An authorization may provide for any of the following that are applicable to the food:

(a) the maximum residue limit in respect of an agricultural chemical and its components or derivatives, singly or in any combination;

(b) the maximum residue limit in respect of a veterinary drug and its metabolites, singly or in any combination;

(c) the maximum level of use in respect of a food additive; and

(d) the minimum or maximum level, or both, in respect of a vitamin, a mineral nutrient or an amino acid.

(3) An authorization may provide for a maximum residue limit in respect of an agricultural chemical or veterinary drug, or a maximum level of use in respect of a food additive, only if

(a) in the case of an agricultural chemical, the regulations allow the agricultural chemical and its components or derivatives, singly or in any combination, to be present in or on a food at or below a prescribed maximum residue limit and the authorization would allow the agricultural chemical and its components or derivatives, singly or in any combination, to be present in or on the food in an amount that exceeds that limit, or to be present in or on a different food;

(b) in the case of a veterinary drug, the regulations allow the veterinary drug and its metabolites, singly or in any combination, to be present in a food at or below a prescribed maximum residue limit and the authorization would allow the veterinary drug and its metabolites, singly or in any combination, to be present in the food in an amount that exceeds that limit, or to be present in a different food; and

(c) in the case of a food additive, the regulations allow the food additive to be present in or on a food at or below a prescribed maximum level of use and the authorization would allow it to be used in or on the food in an amount that exceeds that level of use, or would allow it to be used in or on a different food.

(4) An authorization may contain any terms and conditions specified by the Minister.

(5) An authorization and any notice cancelling the authorization

(a) are exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; and

(b) shall be published in the Canada Gazette.

(6) An authorization has effect beginning on the day on which it is published in the Canada Gazette, and ceases to have effect on the earliest of

(a) the day on which a notice cancelling the authorization is published in the Canada Gazette,

(b) the day on which a regulation made under this Act, that has the same effect as the authorization, comes into force, and

(c) two years after the day on which the authorization is published.

4. A Notice of Interim Marketing Author­ization that is issued under the Food and Drug Regulations before the day on which this section comes into force, in respect of any matter referred to in subsection 30.2(2) of the Food and Drugs Act, as enacted by section 3 of this Act, and that is in effect on the day on which this section comes into force, is deemed to be an interim marketing authorization issued under subsection 30.2(1) of that Act.

5. (1) The maximum residue limit established for an agricultural chemical and its derivatives under the Food and Drug Regulations, as those regulations read immediately before the coming into force of this subsection, is deemed, if the agricultural chemical is a pest control product as defined in subsection 2(1) of the Pest Control Products Act, chapter 28 of the Statutes of Canada, 2002, to have been specified by the Minister under section 9 or 10 of that Act as the maximum residue limit for that agricultural chemical and its derivatives.

(2) Subsection (1) comes into force on the later of the coming into force of sections 1 to 4 of this Act and the coming into force of section 89 of the Pest Control Products Act, chapter 28 of the Statutes of Canada, 2002.

6. This Act, other than section 5, comes into force on a day to be fixed by order of the Governor in Council.