Digests

Food and Drugs

Appeal from decision of Canadian Food Inspection Agency (CFIA) denying return to Canada of applicant’s agricultural product, which consisted of 62 drums of raw honey—Applicant exporting raw honey to U.S.—United States Food and Drug Administration (U.S. FDA) sampling honey upon entry in U.S., finding unacceptable quantities of filth, debris, including paint chips which were leaching lead—U.S. FDA detaining contaminated product—Applicant requesting return of honey to Canada for further testing—That request denied by CFIA, citing contraventions to Honey Regulations, C.R.C., c. 287, ss. 4.1(1), 16(f), Canada Agricultural Products Act, R.S.C., 1985 (4th Supp.), c. 20, s. 17—CFIA correctly exercising discretion in holding that, pursuant to Regulations, s. 50, honey could not be returned to Canada to be sold as human food since not meeting requirements of Regulations, s. 4.1(1)—No statutory, regulatory obligation honey be allowed into Canada for re-testing—Even if CFIA having discretion to allow product into Canada, denial not unreasonable—CFIA could rely on U.S. FDA’s evidence in absence of acceptable evidence to the contrary—Fact no exception to Regulations, s. 4.1(1) where honey marketed “in import” (as opposed to export) suggesting contaminated honey not meeting requirements will be refused entry into Canada—CFIA having considerable discretion to determine whether food meeting quality, safety standards imposed by various acts, regulations—Appeal dismissed.

Hilbert Honey Co. Ltd v. Canada (Food Inspection Agency) (T-1520-08, 2009 FC 818, Russell J., judgment dated August 11, 2009, 45 pp.)