Bill C-336: An Act regarding the right to know when products contain toxic substances

Short Title Interpretation Prohibition Regulations Offences and Punishment First Session, Forty-second Parliament, 64-65-66 Elizabeth II, 2015-2016-2017 HOUSE OF COMMONS OF CANADA BILL C-336 An Act regarding the right to know when products contain toxic substances FIRST READING, February 7, 2017 Mr. Julian 421355 SUMMARY This enactment prohibits the sale, importation or advertisement of any product that contains a toxic substance or produces a toxic substance when used, unless that product has a label warning of the potential exposure to the toxic substance affixed on one or more surfaces of its packaging. Available on the Parliament of Canada Web Site at the following address: http://www.parl.gc.ca 1st Session, 42nd Parliament, 64-65-66 Elizabeth II, 2015-2016-2017 HOUSE OF COMMONS OF CANADA BILL C-336 An Act regarding the right to know when products contain toxic substances Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short Title Short title 1 This Act may be cited as the Right to Know Act. Interpretation Definitions 2 (1) The following definitions apply in this Act. food means food as defined in section 2 of the Food and Drugs Act. (aliment) product means any good, including food and agricultural products, that can be produced, bought or sold, and that has a physical identity. (produit) toxic substance means any of the following substances in a gaseous, liquid or solid state: (a) substances identified as Group 1, Group 2A or Group 2B agents in the IARC Monographs on the Evaluation of Carcinogenic Risks to Humans, published by the International Agency for Research on Cancer; (b) substances identified as carcinogenic, mutagenic or toxic to development or reproduction by (i) the European Chemicals Agency, (ii) the European Parliament and Council of the European Union in any of its directives or regulations, (iii) the Office of Environmental Health Hazard Assessment of the California Environmental Protection Agency, (iv) the United States National Toxicology Program in its list of known or reasonably anticipated carcinogens, (v) the United States Environmental Protection Agency, or (vi) the Department of Health or the Department of the Environment; (c) substances classified as endocrine disrupting chemicals by (i) the European Chemicals Agency, (ii) the European Parliament and Council of the European Union in any of its directives or regulations, or (iii) the United States Environmental Protection Agency, the Department of Health or the Department of the Environment; (d) substances included in the list of chemicals known to the State of California to cause cancer or reproductive toxicity, published annually by the Governor of that State in accordance with the Safe Drinking Water and Toxic Enforcement Act of 1986; and (e) any other substance that is prescribed as a toxic substance in the regulations. (substance toxique) (2) The documents referred to in subsection (1) are incorporated by reference as amended from time to time. Prohibition Prohibition 3 (1) It is prohibited for any person to sell, import or advertise any product that contains a toxic substance or produces a toxic substance when used, unless that product has a warning label affixed on one or more surfaces of its packaging. Warning label (2) The warning label required under subsection (1) must be printed in clearly legible and indelible characters and must include (a) a list of every toxic substance that the product contains; (b) a description of the risks related to each toxic substance produced as a result of using the product; (c) a hazard symbol indicating the nature of the hazard of each toxic substance; and (d) an indication of the product’s origin, including the name and address of its manufacturer or supplier. Regulations Regulations 4 The Governor in Council may, on the recommendation of the Minister of Health, make regulations for carrying into effect the purposes and provisions of this Act, including regulations (a) prescribing any substance as a toxic substance; (b) respecting the labelling of the products described in subsection 3(1); (c) respecting the importation of products manufactured outside Canada in order to ensure compliance with this Act; (d) requiring persons who sell products to maintain such books and records as the Minister considers necessary for the proper enforcement and administration of this Act; (e) requiring manufacturers of any product to submit test portions of any batch of their product; and (f) providing for sampling, testing, inspection and analysis of products as well as for the manner and conditions of sampling, testing and analysis, and designating laboratories to perform testing and analysis. Offences and Punishment Contravention — products 5 (1) Every person who contravenes any provision of this Act or the regulations as that provision relates to a product other than food is guilty of an offence and liable (a) on summary conviction, to a fine not exceeding $5,000; or (b) on conviction on indictment, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding six months, or to both. Contravention — foods (2) Every person who contravenes any provision of this Act or the regulations as that provision relates to food, is guilty of an offence and liable (a) on summary conviction, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding six months, or to both; or (b) on conviction on indictment, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding two years, or to both. Defence of due diligence (3) Due diligence is a defence in a prosecution for an offence under subsections (1) and (2). Criminal liability of officers, etc.‍, of corporations (4) If a corporation commits an offence under this Act, any officer, director, agent or mandatory of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted. Products received or in transit before Act in force (5) No person is to be found guilty of an offence under this Act in relation to the sale, importation or advertising of a product if the person establishes that the product in relation to which the offence was committed was received by, or was in transit to, the person from a supplier before the coming into force of this Act. Published under authority of the Speaker of the House of Commons