| Citation: |
Select Brand Distributors Inc. v. Canada (Attorney General), 2010 FCA 3, [2010] 1 F.C.R. D-6 |
A-255-09 |
FooD AnD DruGS
Appeal from Federal Court decision (2009 FC 547) allowing judicial review of Canadian Food Inspection Agency’s decision refusing application by respondents (Select Brand Distributors Inc., Gerber Products Company) for test market authorization for sale of baby food in containers smaller than those prescribed by Processed Products Regulations, C.R.C., c. 291—Regulations, s. 9.1 allowing for test marketing of food product not meeting requirements of Regulations—Before granting such authorization, Agency having to be satisfied that it will not disrupt normal, usual trading patterns of industry (Regulations, s. 9.1(5)(a))— Federal Court holding Agency not having mandate to regulate “normal and usual” patterns in food industry and as such, Regulations, s. 9.1(5)(a) ultra vires enabling legislation, Canada Agricultural Products Act, R.S.C., 1985 (4th Supp.), c. 20, s. 32—Issue herein not regulation of normal and usual patterns in food industry, but Agency’s power to refuse test market authorizations that will disrupt such patterns—Parliament clearly contemplating Agency could consider economic, market factors when deciding whether to allow test marketing authorization—Regulations, s. 9.1(5)(a) not ultra vires Act, s. 32— Appeal allowed
Select Brand Distributors Inc. v. Canada (Attorney General) (A-255-09, 2010 FCA 3, Pelletier J.A., judgment dated January 11, 2010, 24 pp.)