Health Canada Law Firm

If you are thinking of launching a food or drug product in Canada, you need a law firm by your side that understands the nuances in Canada’s food and drugs laws. At Harrison Jordan Law, we’re here to help.

Please note: We assist with client matters related to Health Canada. None of our lawyers work for Health Canada.

Health Canada Lawyers and Consultants for the Food and Drugs Act
Health Canada Lawyers and Consultants for the Food and Drugs Act

Food and Drugs Act Lawyers

The Food and Drugs Act is the main legislative authority regulating the production and sale of food and drugs in Canada. Anyone producing food or drug products in Canada should be intimately aware of the nuances of the Act.

Here are just some of the provisions that are part of the Food and Drugs Act that you must follow.

The Act regulates, Food, Drugs, Cosmetics, and Medical Devices (“regulated items”). The first rule you need to know that applies to all regulated items is that generally, they cannot be advertised the general public as a treatment, preventative or cure for any of the diseases, disorders or abnormal physical states listed in Schedule A.1 to the Act.

Food

The Food section of the Food and Drugs Act prohibits the sale of food that:

  • (a) has in or on it any poisonous or harmful substance;
  • (b) is unfit for human consumption;
  • (c) consists in whole or in part of any filthy, putrid, disgusting, rotten, decomposed or diseased animal or vegetable substance;
  • (d) is adulterated; or
  • (e) was manufactured, prepared, preserved, packaged or stored under unsanitary conditions.

As well, no person shall label, package, treat, process, sell or advertise any food in a manner that is false, misleading or deceptive or is likely to create an erroneous impression regarding its character, value, quantity, composition, merit or safety.

Drugs

Drugs can’t be sold if they were manufactured, prepared, preserved, package or stored under unsanitary conditions or is adulterated. As well, you can’t label, package, treat, process, sell or advertise any drug in a manner that is false, misleading or deceptive or is likely to create an erroneous impression regarding its character, value, quantity, composition, merit or safety.

As well, the Food and Drugs Act prohibits drugs in Schedule F from being sold (there are currently no drugs listed in Schedule F).

Cosmetics

You cannot sell any cosmetic that has in or on it any substance that may cause injury to the health of the user when the cosmetic is used according to the directions on the label or accompanying the cosmetic or for such purposes and by such methods of use as are customary or usual for it. Cosmetics cannot be sold if they consist in whole or in part of any filthy or decomposed substance or of any foreign matter, and similar to food and drugs, cosmetics can’t be sold if they were manufactured, prepared, preserved, packaged or stored under unsanitary conditions

Devices

You cannot sell any device that, when used according to directions or under such conditions as are customary or usual, may cause injury to the health of a purchaser or user of it. As well, you cannot label, package, treat, process, sell or advertise any device in a manner that is false, misleading or deceptive or is likely to create an erroneous impression regarding its design, construction, performance, intended use, quantity, character, value, composition, merit or safety.

The Food and Drugs Act also contains provisions that generally prohibit all above-mentioned regulated items from being labelled or packaged in a way that contravenes the regulations to the Act.

Administration and Enforcement, Including Inspection, Seizure and Forfeiture

The Food and Drugs Act’s Part II deals with administration and enforcement related to regulated items. Health Canada uses these provisions to ensure they re adequately monitoring compliance with the Food and Drugs Act. Inspectors can be designated for the purpose of enforcing the Act and its regulations, and those inspectors have a wide range of powers, including being able to order a person to provide any “document, information or sample specified.” The inspectors also have the power to enter into any place they have reasonable grounds to believe

The Food and Drugs Act’s Part II deals with administration and enforcement related to regulated items. Health Canada uses these provisions to ensure they re adequately monitoring compliance with the Food and Drugs Act. Inspectors can be designated for the purpose of enforcing the Act and its regulations, and those inspectors have a wide range of powers, including being able to order a person to provide any “document, information or sample specified.” The inspectors also have the power to enter into any place they have reasonable grounds to believe

The Food and Drugs Act’s Part II deals with administration and enforcement related to regulated items. Health Canada uses these provisions to ensure they re adequately monitoring compliance with the Food and Drugs Act. Inspectors can be designated for the purpose of enforcing the Act and its regulations, and those inspectors have a wide range of powers, including being able to order a person to provide any “document, information or sample specified.” The inspectors also have the power to enter into any place they have reasonable grounds to believe an activity that may be regulated under this Act is being conducted, any article to which this Act or the regulations apply is located, or an activity could be conducted under an authorization, including a licence, for which an application is under consideration by the Minister.

Food and Drug Regulations

The Food and Drug Regulations is the main set of regulations under the Food and Drug Act. The regulations outline further rules/provisions that you must abide by if you are developing, testing or selling food or drugs in Canada. The Regulations outline the particular ways in which food and drugs must be labelled, packaged and advertised or prohibitions applying to them.

It is interesting to note that while Part G (for controlled drugs) and Part J (for restricted drugs) are located in the Food and Drug Regulations, they take authority from, and provide exceptions to, the Controlled Drugs and Substances Act. Part G and J contain psychoactive or intoxicating drugs that have a potential for misuse and abuse.

Food and Drug Regulations Lawyer
Food and Drug Regulations Consultants

Harrison Jordan is a lawyer assisting businesses on matters related to Health Canada, the Food and Drugs Act, the Food and Drug Regulations, and the Controlled Drugs and Substances Act. Harrison Jordan has experience dealing with Health Canada and can help guide you to an amicable resolutio.. Call his office at +1 647 371 0032 or email him today via the contact form on this website.

Your Local Cannabis & Regulated Substances Lawyer is Harrison Jordan

Call to Speak With Him Now – 1-647-371-0032

Contact Us

Get In Touch Now… Privacy Assured.