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MINUTES OF PROCEEDINGS
 
Meeting No. 46
 
Thursday, June 2, 2005
 

The Standing Committee on Agriculture and Agri-Food met at 3:15 p.m. this day, in Room 371 West Block, the Chair, Paul Steckle, presiding.

 

Members of the Committee present: Charlie Angus, James Bezan, Wayne Easter, Mark Eyking, Roger Gaudet, Larry Miller, Denise Poirier-Rivard, Gerry Ritz, Paul Steckle and Rose-Marie Ur.

 

Acting Members present: Anthony Rota for Rose-Marie Ur and Hon. Robert Thibault for Hon. Claude Drouin.

 

In attendance: Library of Parliament: Jean-Denis Fréchette, Principal.

 

Witnesses: Dairy Farmers of Canada: Richard Doyle, Executive Director. Canadian Food Inspection Agency: Mark McCombs, Head and General Counsel, Legal Services; Kristine Stolarik, Executive Director, Liaison, Preparedness and Policy Coordination; Carla Barry, National Manager, Fair Labelling Practices Program, Bureau of Food Safety and Consumer Protection; Jane Dudley, Counsel, Legal Services.

 
Pursuant to the Order of Reference of Friday, December 10, 2004, the Committee resumed consideration of Bill C-27, An Act to regulate and prohibit certain activities related to food and other products to which the Acts under the administration of the Canadian Food Inspection Agency apply and to provide for the administration and enforcement of those Acts and to amend other Acts in consequence.
 

The Committee resumed its clause-by-clause study of the Bill.

 

The witnesses answered questions.

 

Clauses 80 to 90 inclusive carried on division severally.

 

By unanimous consent, Clause 91 was allowed to stand.

 

Clauses 92 to 127 inclusive carried on division severally.

 

On Clause 128,

Wayne Easter moved, — That Bill C-27, in Clause 128, be amended by adding after line 28 on page 41 the following:

“(2.1) On the later of the coming into force of this Act and the coming into force of the other Act, subsection 9(2) of the other Act is replaced by the following:

(2) Subject to subsection (2.1), the President may designate any person, or person within a class of persons,

(a) as an officer as defined in subsection 2(1) of the Customs Act to exercise any powers or perform any duties and functions of an officer under that Act that the President may specify; or

(b) as an inspector or a veterinary inspector or other officer for the enforcement of any Act or instrument made under it, or any part of an Act or instrument, that the Governor in Council or Parliament authorizes the Minister, the Agency, the President or an employee of the Agency to enforce, including the Agriculture and Agri-Food Administrative Monetary Penalties Act, the Canada Agriculture Products Act, the Feeds Act, the Fertilizers Act, the Fish Inspection Act, the Health of Animals Act, the Meat Inspection Act, the Plant Protection Act and the Seeds Act.

(2.1) Only a veterinarian may be designated as a veterinary inspector.

(2.2) Every inspector, officer and veterinary inspector shall be given a certificate in a form established by the President attesting to the designation of the inspector, officer or veterinary inspector.

(2.2) On the later of the coming into force of this Act and the coming into force of the other Act, subsection 9(3) of the French version other Act is replaced by the following:

(3) Le président peut exercer les pouvoirs de désignation des agents éventuellement conférés au ministre en vertu du paragraphe 6(1) de la Loi sur l'immigration et la protection des réfugiés.

Debate arose thereon.

 

Charlie Angus moved, — That the amendment be amended by adding the word “qualified” before the words “person, or persons within a class of persons”

 

After debate, the question was put on the subamendment of Charlie Angus and it was agreed to.

 

By unanimous consent, Clause 128 was allowed to stand.

 

By unanimous consent, Clause 129 was allowed to stand.

 

On Clause 65.1,

By unanimous consent, Rose-Marie Ur moved, — That Bill C-27 be amended by adding after line 3 on page 32 the following new clause:

“65.1 The Act is amended by adding the following after section 18:

Dairy ingredients

18.1(1) No person shall market an agricultural product using a dairy term on the label unless that product contains the dairy ingredient represented by the dairy term.

Substitute product

(2) No person shall market an agricultural product that has a dairy term on the label if the agricultural product is intended to substitute for a dairy product.

Exceptions

(3) Subsection (1) does not apply

(a) where the label of an agricultural product contains the term “artificial”, “simulated” or “imitation” together with the name of a dairy ingredient and the word “flavour”, and where that product has the artificial flavour of that dairy ingredient added to it;

(b) where the label of an agricultural product contains the term “flavour” or “flavoured” together with the name of a dairy ingredient, and where that flavour is derived from that dairy ingredient;

(c) where the nature of the agricultural product is clear from traditional usage or from the name by which the agricultural product is generally known; or

(d) where the name of a dairy ingredient is used to describe a sensory characteristic, other than taste, of the agricultural product.

(e) where, in the case of, an agricultural product that is derived from the normal lacteal secretion obtained from the mammary glands of any animal other than a cow, genus Bos, the product is labelled so as to identify that animal.

Definitions

(4) For the purposes of this section,

(a)“dairy ingredient” means butter, buttermilk, butter oil, cream, cheese, ice cream, milk, sour cream, whey, yogourt or any other thing prescribed;

(b) “dairy term” means a word, name, designation, symbol or pictorial which refers to a dairy ingredient; and

(c)“milk” means the normal lacteal secretion obtained from the mammary gland of an animal.”

Debate arose thereon.

 

After debate, the question was put on the amendment of Rose-Marie Ur and it was agreed to.

 

At 4:49 p.m., the Committee adjourned to the call of the Chair.

 



Bibiane Ouellette
Clerk of the Committee

 
 
2005/06/03 3:40 p.m.