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Bill C-287

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1st Session, 37th Parliament,
49-50 Elizabeth II, 2001

House of Commons of Canada

BILL C-287

An Act to amend the Food and Drugs Act (genetically modified food)

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:

1997, c. 6, s. 62

1. Section 2 of the Food and Drugs Act is amended by adding, in alphabetic order, the following:

``genetically modified food''
« aliment transgéni-
que »

``genetically modified food'' means a food that is derived from a plant, animal, microorganism or other biological entity capable of transferring or replicating genetic material, including sterile organisms, viruses and viroids when such entity possesses a novel combination of genetic material obtained through the use of modern biotechnology;

``modern biotechno-
logy''
« biotechno-
logie moderne »

``modern biotechnology'' means the application of

    (a) in vitro nucleic acid techniques, including recombinant deoxyribonucleic acid (DNA) and direct injection of nucleic acid into cells or organelles, or

    (b) fusion of cells beyond the taxonomic family,

that overcome natural physiological reproductive or recombinant barriers and that are not techniques used in traditional breeding and selection;

2. The Act is amended by adding the following after section 7:

Labelling of genetically modified food

7.1 (1) No person shall sell or offer for sale a food that contains more than one per cent of a genetically modified food, unless it is labelled with a statement

    (a) that it is or contains an ingredient that is genetically modified, and

    (b) which food or ingredient is derived from genetic modification.

Applies to sales at all levels

(2) Subsection (1) applies to food that is being sold or offered for sale at retail, at wholesale or between stages of production, processing or distribution.

Packaged foods

(3) In the case of food that is packaged in the way in which they will be sold or offered for sale, the labelling required by subsection (1) must be on each package that may be sold separately, in accordance with the regulations.

Bulk or unpackaged food

(4) In the case of food that is sold or offered for sale without being packaged, or in bulk, the labelling required by subsection (1) must be effected in statements in the documents of sale or on signs placed on or by the food, in accordance with the regulations.

Documenta-
tion trail

7.2 Every person who contracts to purchase any food for the purpose of manufacture, processing, distribution, packaging or sale at wholesale or retail, shall

    (a) obtain from the vendor a certificate in the prescribed form stating

      (i) that the food will, at the time of delivery to the purchaser, be labelled in accordance with section 7.1,

      (ii) that the food has been grown, raised, produced, stored, pooled, transported, processed, tested and packaged in accor dance with the regulations,

and

    (b) obtain from the vendor copies of all documents relating to the application of section 7.1 to the food that have been generated by or supplied to the vendor and that relate to the ability of the purchaser to label the food in compliance with this Act when the food is subsequently sold or processed and sold by the purchaser.

Lists of genetically modified food

7.3 The Minister shall maintain, and make available for public inspection during normal business hours, including by electronic means, lists of foods that are being offered for sale in Canada that have a content of more than one percent of material that is genetically modified and shall provide copies thereof on request at a cost not exceeding ten cents per page.

Research

7.4 (1) The Minister shall cause research to be carried out into

    (a) the general long-term effects of the consumption of genetically modified food on human health;

    (b) the possibility of unexpected gene interaction in genetically modified foods;

    (c) the possibility of novel genetic, biochemical, immunological or toxicological hazards arising from the consumption of genetically modified foods; and

    (d) long-term animal feeding trials involving genetically modified feed.

(2) Using information from the labelling required by section 7.1, the Minister shall cause research and epidemiological studies to be carried out into the levels of consumption of genetically modified foods in Canada and the impact on human health of the genetically modified foods that are observed to have been purchased for consumption.

(3) The Minister shall cause information obtained from the labelling required by section 7.1 to be collected in the manner prescribed by the regulations and maintained for use in the post-release monitoring, tracing and reporting of future health problems.

Offences

7.5 No person shall

    (a) make a false, misleading or incomplete statement on a label required by section 7.1 or a certificate required by section 7.2,

    (b) sell or offer for sale any food knowing that it bears or is accompanied by a statement described in paragraph (a), or

    (c) sell or offer for sale any food having reasonable grounds to suspect that it bears or is accompanied by a statement described in paragraph (a) and being wilfully blind to such grounds.

1999, c. 33, s. 347

3. (1) Subsection 30(1) of the Act is amended by adding the following after paragraph (j):

    (j.1) prescribing the procedures that must be followed, precautions that must be taken and records that must be kept in the growing, raising, production, storage, pooling, transportation, processing, testing and packaging of foods or any thing that will become a food, in order to enable the content of genetically modified material in the food to be ascertainable at all times and to ensure the accuracy of the labelling required by section 7.1 and the certification required by section 7.2;

    (j.2) defining the size, and location of a label that is required pursuant to section 7.1 and the manner of labelling;

    (j.3) defining the size and location of signs required by subsection 7.1(4);

    (j.4) prescribing the size and colour of the print on a label required by section 7.1;

    (j.5) with respect to foods that are not packaged or are in bulk at retail, the form, manner and placement of signs to effect the labelling required by section 7.1;

    (j.6) with respect to sales other than at retail, defining the form and manner of showing the information required in a certificate required by section 7.2;

    (j.7) requiring those who sell genetically modified foods to the consumer to submit information on sales to the Minister for research and specifying the frequency, manner and form of submission.

(2) Section 30 of the Act is amended by adding the following after subsection (1):

Limitation on exemptions

(1.1) Notwithstanding paragraph (1)(j), no food may be exempted from the application of section 7.1 or 7.2 unless

    (a) it is a packaged specialty food;

    (b) the Minister is of the opinion that it is unlikely to be a significant or essential part of a diet; and

    (c) it is required as a condition of the exemption to be labelled to show that it has been exempted from the requirement to declare the genetically modified content.

Coming into force

4. (1) This Act comes into effect on a date or dates fixed by order of the Governor in Council.

(2) An order under subsection (1) may bring this Act into effect with respect to one or more foods or food ingredients.

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