Food Safety and Quality Act, 2001, S.O. 2001, c. 20

• Jurisdiction: Ontario

Food Safety and Quality Act, 2001

S.O. 2001, Chapter 20

Consolidation Period: From November 29, 2021 to the e-Laws currency date.

Last amendment: 2019, c. 15, Sched. 22, s. 93.

CONTENTS

PART I
purposes, DEFINITIONS AND ADMINISTRATION

Purposes

1 The purposes of this Act are to provide for,

(a) the quality and safety of food, agricultural or aquatic commodities and agricultural inputs;

(b) the management of food safety risks; and

(c) the control and regulation of regulatable activities. 2001, c. 20, s. 1.

Definitions

2 In this Act,

“agricultural or aquatic commodity” includes,

(a) commodities that are plants, plant products, animals, animal products, micro-organisms and microbiological products and any parts or by-products of them that are intended for use as food, that may be used as food or from which food is or may be derived,

(b) deadstock, offal and fallen animals, and

(c) plants, plant products, animals, animal products and other agri-food products that, subject to a determination made in accordance with the regulations if applicable, are unfit for human consumption, pose a risk to or otherwise affect food quality or safety, directly or indirectly; (“denrée agricole ou aquatique”)

“agricultural input” means a substance or an organism that may be used in the production of commodities, the growing of a plant or an organism or the raising of an animal and includes feed, fertilizers, seeds, pesticides, manure and other biosolids, water, soil conditioners, drugs, supplements, additives, treatments, growth promotants and other substances and organisms specified in the regulations; (“facteur de production agricole”)

“certificate” means a certificate described in clause 12 (g), (i), (l) or (y); (“certificat”)

“conveyance” means a vehicle, aircraft, train, vessel or other thing used to transport food, agricultural or aquatic commodities, agricultural inputs or other things to which this Act applies; (“moyen de transport”)

“deadstock” means an animal that is specified in the regulations and that has died from a cause, other than slaughter; (“animaux morts”)

“director” means a director appointed under section 3 or 49; (“directeur”)

“fish” includes,

(a) parts of fish,

(b) shellfish, crustaceans, fresh water and marine animals and any parts of shellfish, crustaceans and those animals, and

(c) the eggs, sperm, spawn, larvae, spat and juvenile stages of fish, shellfish, crustaceans, fresh water and marine animals; (“poissons”)

“food” means food or drink intended for human consumption and includes an ingredient of food or drink intended for human consumption and any product that is designated as food in the regulations, but does not include,

(a) milk and milk products as defined in section 1 of the Milk Act, except as ingredients of food or except in the circumstances and for the purposes specified in the regulations,

(b) liquor as defined in subsection 1 (1) of the Liquor Licence and Control Act, 2019,

(c) any product that the regulations specify is not included in this definition; (“aliment”)

“food safety risk” means,

(a) a food or an agricultural or aquatic commodity, if the food or commodity is designated in the regulations and has or may have an adverse effect on the health or safety of a person who consumes it, or

(b) a food, an agricultural or aquatic commodity, an agricultural input, any other substance or thing, an environmental condition or a condition of a premises or conveyance, if it,

(i) has or may have an adverse effect on the health or safety of a person who consumes a food or agricultural or aquatic commodity that is designated in the regulations and that is or may be produced using it, by any means, in whole or in part, or

(ii) may, by any means, directly or indirectly, in whole or in part, affect the safety for human consumption of the food or agricultural or aquatic commodity that is designated in the regulations; (“risque relatif à la salubrité des aliments”)

“inspector” means an inspector appointed under section 14; (“inspecteur”)

“justice” means a provincial judge or a justice of the peace; (“juge”)

“licence” means a licence issued under section 5 of this Act; (“permis”)

“licensed activity” means a regulatable activity, to which the regulations specify that section 4 applies; (“activité autorisée”)

“licensee” means the holder of a licence; (“titulaire de permis”)

“Minister” means the Minister of Agriculture, Food and Rural Affairs or whatever other member of the Executive Council to whom the administration of this Act is assigned under the Executive Council Act; (“ministre”)

“Ministry” means the Ministry of the Minister; (“ministère”)

“permit” means a permit described in clause 12 (m); (“autorisation”)

“plant” means a botanical plant or part of it and includes fresh water and marine plants; (“plante”)

“prescribed” means prescribed in the regulations; (“prescrit”)

“regulatable activity” means any of the following activities:

1. The production, processing, manufacturing or other preparation for consumption of food.

2. The growing, harvesting or other preparation for consumption of plants and micro-organisms that may be used as food.

3. The raising, slaughter or other preparation for consumption of animals that may be used as food.

4. The collection, buying, receiving, possessing, possessing for prescribed purposes, identification, branding, handling, storage, moving, transportation, processing, preparation for use, grading, packing, packaging, marking, labelling, advertising, marketing, displaying, giving, selling by any means including on consignment, offering for sale, distribution, disposal or destruction of food, agricultural or aquatic commodities or agricultural inputs.

5. The using of agricultural inputs.

6. Any other operation of a similar nature to those described in paragraphs 1 to 4 and that is specified in the regulations; (“activité susceptible d’être réglementée”)

“regulated activity” means a licensed activity or an activity that is subject to the regulations made under section 12; (“activité réglementée”)

“regulations” means the regulations made under this Act, unless the context requires otherwise; (“règlements”)

“Tribunal” means the Agriculture, Food and Rural Affairs Appeal Tribunal. (“Tribunal”) 2001, c. 20, s. 2; 2019, c. 15, Sched. 22, s. 93.

Section Amendments with date in force (d/m/y)

2019, c. 15, Sched. 22, s. 93 - 29/11/2021

Directors

3 (1) The Minister shall appoint one or more directors for the purposes of the provisions of this Act and the regulations for which the administration and enforcement are not delegated to a delegate under section 49. 2001, c. 20, s. 3 (1).

Areas of responsibility

(2) If the Minister appoints more than one director, the Minister shall specify the area of responsibility of a director in the appointment. 2001, c. 20, s. 3 (2).

Powers

(3) A director appointed by the Minister shall have those powers of an inspector that are specified in the appointment, but not the duties of an inspector. 2001, c. 20, s. 3 (3).

PART II
LICENSING

Requirement for licence

4 (1) No person shall carry on a licensed activity or operate a premises where a licensed activity is carried on unless the person holds a licence for the activity issued under this Act. 2001, c. 20, s. 4 (1).

Compliance with licence

(2) No person shall carry on a licensed activity or operate a premises where a licensed activity is carried on if the person is in contravention of the licence issued for it as described in subsection (1). 2001, c. 20, s. 4 (2).

Issuance of licence

5 (1) A director shall issue a licence to a person who makes application for it in accordance with this Act and the regulations and who pays the fee prescribed by the Minister unless the director is of opinion that,

(a) the past conduct of the applicant or, if the applicant is a corporation, of its officers, its directors or any of the persons specified in the regulations, affords reasonable grounds to believe that the applicant will not carry on, in accordance with law, the activity for which the applicant is applying for the licence;

(b) the applicant does not meet the requirements specified by the regulations; or

(c) the applicant is not in a position to comply with this Act and the regulations. 2001, c. 20, s. 5 (1).

Right to hearing

(2) A director shall not refuse to issue a licence to an applicant unless,

(a) before refusing to issue the licence, the director serves a written notice on the applicant stating that the applicant may request a hearing by the director within the prescribed time; and

(b) the director has held the hearing if the applicant requests one within the prescribed time. 2001, c. 20, s. 5 (2).

Renewal

(3) Subject to section 6, a director shall renew the licence of a licensee who applies for the renewal in accordance with this Act and the regulations and who pays the fee prescribed by the Minister. 2001, c. 20, s. 5 (3).

Conditions

(4) A licence with respect to an activity is subject to whatever conditions the regulations prescribe or a director imposes in accordance with the regulations and a director may impose those conditions. 2001, c. 20, s. 5 (4).

No licence

6 (1) A director may refuse to renew a licence with respect to an activity or may suspend or revoke a licence with respect to an activity if the director is of opinion that,

(a) the licensee does not meet the requirements of this Act and the regulations;

(b) the licensee or, if the licensee is a corporation, an officer, director or employee of the licensee, has contravened or has permitted any person under the licensee’s control or direction in connection with the activity to contravene this Act, the regulations, any other Act, the regulations under it or any law applying to the carrying on of the activity or the conditions for licensing and the contravention is such that it would be in the public interest...