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1998/99 Legislative Session: 3rd Session, 36th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE CORKY EVANS

MINISTER OF AGRICULTURE AND FOOD

BILL 83 – 1999

FOOD SAFETY ACT

Contents

Section

Definitions

Part 1 – Food Safety

Responsibility for safe food

No sale of contaminated food

Part 2 – Licences

Designation of food establishment

Licences for designated food establishments

Compliance with licence terms, restrictions and conditions

Part 3 – Food Safety Inspections

Appointment of inspectors

General inspection powers

Evidence of authority

Prohibition notices by inspectors

Seizure and destruction of food

Part 4 – General

Section 5 of the Offence Act does not apply

Offences

Offence penalties

Documentary and certificate evidence

Inspector may seize offence related things

Seized food forfeited

Injunction

Delegation of minister's powers and duties

Forms

Power to make regulations

Transitional matters

23-29

Consequential Amendments

Commencement

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the

Province of British Columbia, enacts as follows:

Definitions

1 In this Act:

"contaminate" means to expose to conditions that

permit

(

a) the introduction of foreign matter, including filth, a

poisonous substance or a pest,

(

b) the introduction or multiplication of disease-causing

micro-organisms or parasites, or

(

c) the introduction or production of toxins;

"food" means food or drink for human consumption,

and includes

(

a) any substance that is manufactured, sold or represented for

use as food or drink for human consumption,

(

b) any ingredient that is mixed, or intended to be mixed, with

food or drink for human consumption, and

(

c) any agricultural product grown, raised, cultivated, harvested

or kept for the purpose of producing food or drink for human consumption;

"food establishment" means any place where, or

any vehicle in which, in the ordinary course of business, food is grown, raised,

cultivated, kept, harvested, produced, manufactured, slaughtered, processed, prepared,

packaged, distributed, transported, sold, offered for sale or displayed for sale, or is

stored or handled for any of those purposes;

"inspection item" means anything required for or

relevant to a food safety inspection conducted by an inspector under

Part 3, including any

food, plant, animal, soil, record, equipment, substance or other thing, whether solid,

liquid, gas or a combination of any of them;

"inspector" means an inspector appointed under

section 7 to the extent the inspector can act within the powers, functions, terms and

conditions of the inspector's appointment under that section;

"licence" includes a renewal of a licence;

"operator" means a manager, an owner or a lessor

of a food establishment;

"premises" means lands and structures, or either

of them, and includes water and vehicles;

"vehicle" includes a boat, ship, vessel,

aircraft, train, railway car or equipment, motor vehicle, all terrain vehicle, trailer or

other movable structure.

Part 1 – Food Safety

Responsibility for safe food

2 The operator of a food establishment is responsible for

ensuring that its food is safe for human consumption.

No sale of contaminated food

3 An operator must not sell, offer for sale or distribute

to a person any item of food that is contaminated or otherwise unfit for human

consumption.

Part 2 – Licences

Designation of food establishment

(1) The Lieutenant Governor in Council may, by

regulation, designate a type or class of food establishment as being subject to this Part.

(2) A person who operates a food establishment of a type or class

designated under subsection (1) must hold a licence issued under

section 5.

(3) A designation under subsection (1) may, in relation to food

establishments where animals are slaughtered or processed for food purposes, be limited to

a specified geographical area in British Columbia.

Licences for designated food establishments

(1) In accordance with the regulations, the minister may

issue licences to persons for the operation of a designated food establishment.

(2) A person to whom a licence is issued under subsection (1) must

pay the fee prescribed for that licence in accordance with the regulations.

(3) It is a condition of a licence issued under subsection

(1) that the licence holder comply with this Act and the regulations.

(4) The minister may

(

a) amend, add or impose terms, restrictions or conditions on a

licence issued under subsection (1), and

(

b) suspend, cancel or refuse to renew a licence.

(5) A licence issued under subsection (1) is not transferable.

Compliance with licence terms, restrictions and

conditions

6 A person to whom a licence is issued under this Act or

the regulations must comply with all terms, restrictions and conditions on that licence.

Part 3 – Food Safety Inspections

Appointment of inspectors

(1) The minister may appoint persons, or persons within a

class, to be inspectors.

(2) The minister, in an appointment under subsection (1), may

(

a) limit the powers and functions that an inspector may exercise

under this Act and the regulations, and

General inspection powers

(1) For the purpose of ensuring compliance with

this Act and the regulations, an inspector may do any of the following:

(

a) enter at reasonable times the premises of a food establishment

or any place that the inspector believes on reasonable grounds is being used as a food

establishment;

(

b) inspect the premises and the equipment, facilities and food in

or on those premises;

(

c) make a record, including a record on film, audio tape, video

tape or otherwise, of the premises and the equipment, facilities and food in or on those

premises;

(

d) suspend the operation of any enterprise or activity in or on

those premises;

(

e) stop and inspect a vehicle in which the inspector believes on

reasonable grounds there is food, or an inspection item, in respect of which this Act or

the regulations apply;

(

f) open any container that the inspector believes on reasonable

grounds to contain an inspection item;

(

g) require to be produced for inspection, or for the purpose of

obtaining copies of it or extracts from it, any record that the inspector believes on

reasonable grounds contains information relevant to the administration of this Act and the

regulations;

(

h) require to be produced for inspection any food or other

inspection item;

(

i) take and remove samples of any inspection item;

(

j) examine or test samples referred to in paragraph (i), or have

either of these things done;

(

k) do anything necessary to determine if this Act and the

regulations are being complied with.

(2) The operator of a food establishment must pay the prescribed

fee, if any, for an inspection of the food establishment under subsection (1) or for any

action taken under paragraph (g), (

j) or (

k) of that subsection.

(3) The prescribed fee under subsection (2) must be paid to the

government in the prescribed manner or as provided by regulation under

section 21 (2) (p).

(4) The authority under subsection (1) must not be used to enter a

private dwelling except with the consent of the occupant or the authority of a warrant

under subsection (5).

(5) If satisfied by evidence given under oath or affirmation that

(

a) the reason for entry described in subsection (1) (

a) exists in

relation to a private dwelling,

(

b) entry to the private dwelling is necessary for any purpose

related to carrying out an inspection under subsection (1), and

(

c) entry to the private dwelling has been refused or there are

reasonable grounds for believing that it will be refused,

a justice may issue a warrant authorizing an inspector or a peace

officer to enter the private dwelling and conduct the inspection in relation to those

parts of the private dwelling believed to be used as a food establishment.

(6) An inspector or peace officer acting under the authority of a

warrant under subsection (5) may not use force to execute the warrant unless the use of

force is specifically authorized in the warrant.

(7) In this section, "private dwelling" means a

structure that is used as a private residence or a residential accommodation within any

other structure.

Evidence of authority

9 An inspector must, on request, produce to a person whose

premises the inspector enters, identification provided by the minister for this purpose.

Prohibition notices by inspectors

(1) If an inspector finds on inspection that this Act

and the regulations have not been complied with, the inspector may prohibit the selling,

offering for sale or distributing of any specified food from the premises of a food

establishment.

(2) If, in the inspector's opinion, the equipment or methods used

in a food establishment are unsanitary or unfit for the growing, raising, cultivating,

keeping, harvesting, producing, manufacturing, slaughtering, processing, preparing,

packaging, distributing, marking, storing, handling, displaying or transporting of food,

the inspector may prohibit use of the equipment or methods.

(3) The inspector may make a prohibition under subsection (1) or

(4) The inspector must serve on the operator of the food

establishment notice of a prohibition under subsection (1) or (2), including any terms and

conditions referred to in subsection (3).

(5) A person receiving notice under subsection (4) must comply

with that notice.

Seizure and destruction of food

(1) An inspector who believes on reasonable grounds that

food

(

a) does not meet a prescribed standard for that food, or

(

b) is contaminated or otherwise unfit for human consumption,

may

(

c) seize the food or have it seized, and

(

d) detain it, or have it detained, for examination or inspection

that the inspector considers necessary to determine whether that standard has been met or

whether the food is contaminated or unfit for human consumption.

(2) If the examination or inspection indicates that all prescribed

standards have been met and the food is uncontaminated and is fit for human consumption,

the inspector must notify the owner or person from whom the food was seized and release it

to that owner or person.

(3) If the owner or person referred to in subsection (2) does not

reclaim the food, the inspector may have it detained, denatured, disposed of or destroyed.

(4) If the examination or inspection indicates that a prescribed

standard has not been met or that the food is contaminated or unfit for human consumption,

(

a) the inspector may detain or mark the food, or have either

done,

(

b) the inspector may condemn the food and order that it be

quarantined, decontaminated, denatured, disposed of or destroyed, and

(

c) the minister may order the recall of that food if any has been

sold or distributed.

(5) Notice of an order issued under subsection (4) (

b) or (

c) must

be served on the operator of a food establishment affected by the order.

(6) A person receiving notice under subsection (5) must comply

with that notice.

(7) The owner and any person entitled to or in possession of food

seized, detained, marked, condemned, quarantined, decontaminated, denatured, disposed of,

destroyed or recalled under this

section are jointly and severally liable to the

government for all expenses incurred in doing any of those things.

(8) The expenses referred to in subsection (7) constitute a debt

due to the government and are recoverable by action in any court of competent

jurisdiction.

Part 4 – General

Section 5 of the Offence Act does not

apply

Section 5 of the Offence Act does not apply to

this Act or the regulations.

Offences

(1) A person who contravenes

section 3, 4 (2), 6, 10

(5) or 11 (6) or subsection (2), (4) or (5) of this

section commits an offence.

(2) When applying for a licence under this Act or the regulations

or when requested, ordered or directed by an inspector, a person must not supply false or

misleading information.

(3) A person does not commit an offence under subsection (2) if,

at the time the information was supplied, the person did not know that it was false or

misleading and, with the exercise of reasonable diligence, could not have known that it

was false or misleading.

(4) A person must not obstruct, impede or refuse to admit an

inspector or peace officer who is performing duties and exercising powers given by or

under this Act, the regulations or under the authority of a warrant.

(5) A person must not aid or assist another person in obstructing,

impeding or refusing to admit an inspector or peace officer who is performing duties and

exercising powers given by or under this Act, the regulations or under the authority of a

warrant.

(6) If a corporation commits an offence under subsection (1), an

employee, officer, director or agent of the corporation who authorizes, permits or

acquiesces in the commission of the offence also commits an offence.

(7) Subsection (6) applies whether or not the corporation is

prosecuted for the offence.

Offence penalties

(1) An individual who commits an offence under this Act

or the regulations is liable to a fine of not more than $5 000 or to imprisonment for not

more than 6 months, or to both.

(2) A corporation that commits an offence under this Act or the

regulations is liable to a fine of not more than $25 000.

(3) An individual or corporation under subsection (1) or (2) is

liable to the penalty referred to in the applicable provision for each day or part of a

day on which the offence occurs or continues.

(4) When sentencing a person convicted of an offence under this

Act or the regulations, the court may order the offender to pay compensation or make

restitution to the government or a person for the actual loss or damage caused by or

arising out of the commission of the offence, including, without limitation, compensation

or restitution for

(

a) any costs incurred in connection with any inspection related

to investigation of the offence, and

(

b) any costs incurred in relation to investigation of the

offence.

(5) An order for compensation or restitution under subsection

(4) is in addition to and not in place of any other fine or penalty described in this section.

(6) If an order is made in favour of the government or a person

under subsection (4), the government or person may, by filing the order in a registry of

the Supreme Court, enter as a judgment the amount ordered to be paid and that judgment is

enforceable against the offender in the same manner as if it were a judgment against the

offender in civil proceedings in that court.

(7) Nothing in this

section precludes the government or any person

from taking any civil action or exercising any right of recovery against a person who

commits an offence under this Act or the regulations.

(8) In any prosecution under this Act or the regulations, if it

appears that the defendant has committed any act or omission in respect of which, were the

defendant not properly licensed, the defendant would be liable to a penalty under this

Act, it is up to the defendant to prove that the defendant is properly licensed.

Documentary and certificate evidence

(1) A copy of a document granted or issued by an

inspector or other person authorized under this Act, and certified by the inspector or

other person as a true copy is, without proof of the inspector's or person's signature,

appointment or authorization,

(

a) evidence of the document, and

(

b) evidence that the person granting or issuing the document was

authorized to do so.

(2) In any prosecution under this Act, a certificate as to the

results of an analysis that is signed, or purports to be signed, by an analyst is evidence

of the facts stated in the certificate and conclusive evidence of the authority of the

person giving or making the certificate without proof of the person's signature,

appointment or authorization.

(3) A person against whom a certificate under subsection (2) is

produced may, with leave of the court, require the attendance of the analyst who signed

the certificate, for the purpose of cross examination.

(4) In subsection (2), "analyst" means an analyst

designated by the minister for the purpose of conducting analyses or tests under this Act.

Inspector may seize offence related things

(1) If, on inspection under

Part 3, an inspector has

reasonable grounds for believing that an offence under this Act or the regulations has

been committed, the inspector may seize anything, whether an inspection item or not, that

may constitute evidence of the offence.

(2) Anything seized under subsection (1) may be

(

a) detained until the thing is no longer required in a trial or

other proceeding and all provisions of this Act and the regulations have been complied

with, or

(

b) disposed of or destroyed as the minister may direct.

Seized food forfeited

(1) If a person is convicted of an offence under this

Act or the regulations, any food by means of or in relation to which the offence was

committed is, on that conviction, forfeited to the government, and may be disposed of or

destroyed as the minister may direct.

(2) The forfeiture provided for under subsection (1) is in

addition to and not in place of any other fine or penalty imposed under this Act.

Injunction

18 If an inspector or the minister has reason to believe

that there is or will be non-compliance with a notice of prohibition under

section 10 or

with an order under

section 11 (4), the inspector or minister may apply to the Supreme

Court for an injunction restraining a person from doing anything that is prohibited and,

until final disposition of the action, the court may grant an interim injunction.

Delegation of minister's powers and duties

(1) Subject to the regulations, the

minister may delegate to any person or class of persons any or all of the minister's

powers, duties and functions under this Act or the regulations, except the power set out

section 20 (a).

(2) The minister may include any limits or conditions the minister

considers advisable with respect to a delegation under subsection (1).

Forms

20 The minister may do either or both of the following:

(

a) prescribe certificates, stamps, marks, tags, labels and forms

for use under this Act;

(

b) specify certificates, stamps, marks, tags, labels and forms

for use under this Act.

Power to make regulations

(1) The Lieutenant Governor in Council may make

regulations referred to in

section 41 of the

Interpretation Act .

(2) Without limiting subsection (1), the Lieutenant Governor in

Council may make regulations as follows:

(

a) establishing standards for food and food establishments, and

for the growing, raising, cultivating, keeping, harvesting, producing, manufacturing,

slaughtering, processing, preparing, packaging, marking, handling, distributing,

transporting, storing, displaying, selling or offering for sale of food, providing for the

maintenance of those standards and providing for the duties of inspectors in relation to

these matters;

(

b) respecting methods to be followed and equipment to be used in

growing, raising, cultivating, keeping, harvesting, producing, manufacturing,

slaughtering, processing, preparing, packaging, marking, handling, distributing,

transporting, storing, displaying, selling or offering for sale of food;

(

c) establishing requirements for control, supervision and

management in a food establishment and for systems to ascertain whether the Act and the

regulations are being complied with;

(

d) respecting design, construction, equipment and sanitation of

food establishments, requiring approval of design and construction plans for proposed food

establishments and prohibiting or restricting the uses of a food establishment;

(

e) providing for measures to be taken for preventing

contamination or spoilage of food, establishing types and levels of bacteria,

antibacterial agents and other substances or agents that may contaminate food or do not

occur naturally in it, requiring the treatment of food for the purpose of destroying

pathogenic bacteria and prescribing the manner or methods of that treatment;

(

f) respecting the development, establishment, implementation and

operation of one or more food safety programs, including, without limitation,

(

i) developing and providing educational, research and promotional

material or training respecting food safety,

(ii) establishing or authorizing one or more bodies or

organizations to administer food safety programs,

(iii) developing supervisory programs of, or systems for

inspection of, records, premises and products of food establishments other than those food

establishments required to be licensed under this Act,

(iv) prescribing fees to be paid by operators to run and maintain

food safety programs, and

(

v) other matters the Lieutenant Governor in Council considers

necessary for the administration of food safety programs;

(

g) providing the means to ensure compliance with the regulations

(

i) imposing on and collecting from operators penalties for

non-compliance with or contravention of the regulations,

(ii) prescribing the conditions under which, and the time at

which, the penalties are payable,

(iii) prescribing the amount of the penalties and the method by

which they must be calculated, and

(iv) prescribing that the penalties collected be applied to a fund

established under paragraph (h);

(

h) establishing one or more funds to be used to develop and

provide educational, research and promotional material or to provide training respecting

food safety, providing for the payment of penalties under paragraph (

g) to be directed and

remitted to an established fund and prescribing the manner in which the penalties are to

be paid into and out of an established fund;

(

i) authorizing the minister to

(

i) appoint a person or persons to manage and administer a fund

established under paragraph (

h) and to make payments from it in accordance with the

regulations, and

(ii) establish terms of reference, duties and responsibilities for

the person or persons appointed;

(

j) establishing a licensing scheme for one or more types or

classes of food establishments, including, without limitation,

(

i) establishing qualifications to be met for obtaining a licence,

(ii) requiring and prescribing a fee payable for a licence and for

a licence application,

(iii) providing for the issue, renewal, suspension, cancellation

or reinstatement of a licence,

(iv) establishing terms, restrictions and conditions that may be

included or imposed in respect of a licence, including inspection, supervision or other

requirements to meet and comply with codes, standards, rules and guidelines,

(

v) establishing the circumstances under which a licence may be

suspended, cancelled and reinstated,

(vi) establishing procedures for conducting a suspension,

cancellation or reinstatement proceeding, and

(vii) providing for other matters necessary to establish the

scheme;

(

k) establishing or authorizing one or more bodies or

paragraph (

j) and to enforce licensee compliance with this Act and the regulations, and

prescribing the fees that the body or organization may charge for a licence or licence

application;

(

l) establishing qualifications and standards to be met by food

establishment staff, prescribing their duties and functions and providing for examinations

as to the competency of food establishment staff, the nature and extent of those

examinations and standards required to pass them;

(

m) providing for the issue of licences to food establishment

staff, the classifying or categorizing of licences in accordance with the qualifications

of the applicants, the terms of the licences and the fees to be paid for the licences, and

providing for their renewal, suspension, cancellation or reinstatement;

(

n) specifying the fee payable under

section 8 (2) for one or more

of the actions that an inspector may take under that section;

(

o) specifying the manner in which a fee specified under paragraph

(

n) must be paid to the government;

(

p) authorizing a body or organization to operate an inspection

service, specifying the manner in which a fee under paragraph (

o) must be paid to the body

or organization and authorizing that body or organization to retain all or a portion of

the fee collected;

(

q) respecting information, records and reports required for an

inspection, including, without limitation, prescribing their form and content and the

manner in which the information, records and reports must be given and kept;

(

r) respecting the inspection of animals and carcasses to be used

for food, including, without limitation, providing for

(

i) the volume of business required before inspection will be

granted,

(ii) the inspection hours,

(iii) the fees for inspections and related matters, and

(iv) the withdrawal of inspection services;

(

s) providing for and setting standards and criteria for the

detention, condemnation, quarantine, decontamination, denaturing, disposal and destruction

of food that is contaminated or otherwise unfit for human consumption or of an ill,

diseased or contaminated animal, carcass, plant, crop or other thing;

(

t) providing for sampling, testing and analysis of any or all

lots, deliveries or shipments of food and any other sampling, testing and analysis that

the Lieutenant Governor in Council considers necessary in the public interest, providing

for the manner and conditions of sampling, testing or analysis and designating

laboratories to perform testing and analysis;

(

u) prescribing fees and charges payable to the government in

respect of the following:

(

i) analyses, tests and investigations conducted under this Act or

the regulations;

(ii) filing of applications, records or reports with the minister;

(iii) provision of material or training referred to in paragraph

(f) (i);

(iv) licences and licence applications;

(

v) creating an offence for the contravention of a regulation and

prescribing a penalty for that offence;

(

w) respecting the use, or standards for the use, of a

certificate, stamp, mark, tag, label or form prescribed or specified by the minister under

section 20, and making it an offence to misuse, imitate, deface or alter any of those

things;

(

x) respecting the delegation of the powers, duties and functions

of the minister;

(

y) defining any word or expression used but not defined in this

Act;

(

z) exempting a class or type of person, food or food

establishment from the application of all or part of the Act or a regulation, permitting

the minister to make such exemptions and prescribing the conditions of those exemptions.

(3) In making regulations under this Act, the Lieutenant Governor

in Council may do one or more of the following:

(

a) make different regulations for different classes or types of

persons, food or food establishments, and establish a classification system for this

purpose;

(

b) make different regulations for different geographical areas in

British Columbia;

(

c) delegate a matter to a person;

(

d) confer a discretion on a person;

(

e) make regulations

(

i) considered necessary or advisable to more effectively bring a

regulation under this

section into operation and facilitate any transition from the

operation of the Meat Inspection Act or the Milk Industry Act to the

operation of this Act and a regulation under this section, and

(ii) continuing or preserving and dealing with licences,

certificates or permits issued under the Meat Inspection Act and the Milk

Industry Act before their repeal by this Act, and dealing with proceedings commenced

or any actions taken in respect of those licences, certificates or permits, including

deeming that all or parts of those Acts and their regulations remain in force, after the

time their repeal takes effect under this Act, for as long as the Lieutenant Governor in

Council considers necessary and advisable.

(4) A regulation under this

section may incorporate or adopt by

reference, and with any changes the Lieutenant Governor in Council considers appropriate,

all or part of a code, rule or standard, as amended before or after the making of the

regulation and relating to the subject matter of this Act, whether the code, rule or

standard is promulgated by any governmental authority or by any association or other body

of persons.

(5) If all or part of a code, rule or standard is adopted by

regulation, publication in the Gazette of a notice of the adoption referring to the code,

standard or rule and stating the extent of its adoption and setting out any variations to

which the adoption is subject, is deemed sufficient publication without publishing in the

Gazette the text of the code, rule, standard or part adopted.

Transitional matters

(1) On the day that

section 26 of this Act comes

into force, the assets and liabilities of the Dairy Products Promotional Fund, established

under the Milk Industry Act before its repeal by this Act, are transferred to the

British Columbia Milk Marketing Board.

(2) If the British Columbia Milk Marketing Board wishes to

exercise its powers to set and collect levies or charges from dairy farmers and to use

those levies or charges in the promotion of dairy products, the levy or charge must not be

imposed on a dairy farmer who, at the time this

section comes into force, was exempt from

payment of fees or from having fees deducted for the promotion of dairy products under

section 41 (1) (

e) of the Milk Industry Act as it read before its repeal.

Consequential Amendments

Animal Disease Control Act

Section 3 (1) of the Animal Disease Control Act, R.S.B.C. 1996, c. 14, is

repealed .

Section 15 (1) and (2) is amended by striking out "in accordance

with the Milk Industry Act ." and substituting "in

accordance with the Food Safety Act and its regulations."

Meat Inspection Act

25 The Meat Inspection Act, R.S.B.C. 1996, c. 283, is repealed.

Milk Industry Act

26 The Milk Industry Act, R.S.B.C. 1996, c. 289, is repealed.

Milk Industry Amendment Act, 1997

27 The Milk Industry Amendment Act, 1997, S.B.C. 1997, c. 9, is repealed.

Miscellaneous Statutes Amendment Act, 1998

28 Sections 6 and 7 of the Miscellaneous Statutes Amendment Act, 1998, S.B.C.

1998, c. 11, are repealed.

Municipal Act

Section 680 (

d) of the Municipal Act, R.S.B.C. 1996, c. 323, is amended

by striking out " Milk Industry Act ," and substituting " Food

Safety Act ," .

Commencement

30 This Act comes into force by regulation of the

Lieutenant Governor in Council.

Explanatory Note

This Bill combines various existing legislative regimes concerning food safety, so that

licensing, inspection and standard setting components are updated and integrated into one

source of legislative authority. As part of this consolidation, the Meat Inspection Act

and the Milk Industry Act are repealed. To acknowledge industry initiative and

facilitate the development of national or inter-jurisdictional food safety measures,

standards may be adopted from those established within industry or by other governmental

bodies.

Copyright © 1999: Queen's Printer, Victoria, British Columbia, Canada