Bill S-42
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S-42
First Session, Thirty-eighth Parliament,
53-54 Elizabeth II, 2004-2005
SENATE OF CANADA
BILL S-42
An Act to amend the Food and Drugs Act (clean drinking water)
first reading, July 20, 2005
THE HONOURABLE SENATOR GRAFSTEIN
0311
SUMMARY
This enactment amends the Food and Drugs Act to include water in a community water system as a food subject to federal regulation and approval. Systems that serve fewer than 25 persons or that operate less than 30 days a year are excluded.
The Act is amended to include any place where water destined to be drinking water is accumulated or collected or where any activity takes place that assists in the accumulation or collection of water, if the water will ultimately be distributed for human consumption. Thus it allows for inspection of lands that form part of the watershed or area from which drinking water is taken.
It also allows for the inspection of any place from which contaminants may escape into a drinking water source.
Available on the Parliament of Canada Web Site at the following address:
http://www.parl.gc.ca
http://www.parl.gc.ca
1st Session, 38th Parliament,
53-54 Elizabeth II, 2004-2005
senate of canada
BILL S-42
An Act to amend the Food and Drugs Act (clean drinking water)
R.S., c. F-27
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. (1) The definition “food” in section 2 of the Food and Drugs Act is replaced by the following:
“food”
« aliment »
« aliment »
“food” includes any article manufactured, distributed, sold or represented for use as food or drink for human beings, water from a community water system for human consumption, chewing gum, and any ingredient that may be mixed with food for any purpose whatever;
(2) The definition “sell” in section 2 of the Act is replaced by the following:
“sell”
« vente »
« vente »
“sell” includes offer for sale, expose for sale, have in possession for sale or distribution, and distribute, whether or not the distribution is made for consideration;
(3) Section 2 of the Act is amended by adding the following in alphabetical order:
“article”
« article »
« article »
“article” includes a gas, liquid or solid that is not packaged;
“collection”
« collecte »
« collecte »
“collection” includes any activity that causes or promotes the accumulation of a food whether or not it is artificially contained, and “collect” has a corresponding meaning;
“community water system”
« réseau de distribution d’eau »
« réseau de distribution d’eau »
“community water system” means a water system that distributes water to 25 or more persons for no less than 30 days in a year;
2. Section 7 of the Act is replaced by the following:
Unsanitary manufacture, etc., of food
7. No person shall collect, manufacture, prepare, preserve, package, distribute or store for sale any food under unsanitary conditions.
3. The portion of subsection 23(1) of the Act that precedes paragraph (a) is replaced by the following:
Powers of inspectors
23. (1) Subject to subsection (1.1), an inspector may at any reasonable time enter any place where the inspector believes on reasonable grounds any article to which this Act or the regulations apply is collected, accumulates, or is manufactured, prepared, preserved, packaged or stored, or from which any substance may escape and contaminate any food, and may
4. Paragraph 30(1)(e) of the Act is replaced by the following:
(e) respecting the method of collection, manufacture, preparation, preserving, packing, storing and testing of any food, drug, cosmetic or device in the interest of, or for the prevention of injury to, the health of the purchaser or consumer;
Published under authority of the Senate of Canada
Explanatory Notes
Food and Drugs Act
Clause 1: (1) The definition “food” in section 2 reads as follows:
“food” includes any article manufactured, sold or represented for use as food or drink for human beings, chewing gum, and any ingredient that may be mixed with food for any purpose whatever;
(2) The definition “sell” in section 2 reads as follows:
“sell” includes offer for sale, expose for sale, have in possession for sale and distribute, whether or not the distribution is made for consideration;
(3) New.
Clause 2: Section 7 reads as follows:
7. No person shall manufacture, prepare, preserve, package or store for sale any food under unsanitary conditions.
Clause 3: The relevant portion of subsection 23(1) reads as follows:
23. (1) Subject to subsection (1.1), an inspector may at any reasonable time enter any place where the inspector believes on reasonable grounds any article to which this Act or the regulations apply is manufactured, prepared, preserved, packaged or stored, and may
Clause 4: The relevant portion of subsection 30(1) reads as follows:
30. (1) The Governor in Council may make regulations for carrying the purposes and provisions of this Act into effect, and, in particular, but without restricting the generality of the foregoing, may make regulations
. . .
(e) respecting the method of manufacture, preparation, preserving, packing, storing and testing of any food, drug, cosmetic or device in the interest of, or for the prevention of injury to, the health of the purchaser or consumer;