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Court Fines Jean De La Durantaye $800 for violating Fish Inspection Regulations and Food and Drugs Regulations

On August 19, 2003, Mr. Jean De La Durantaye, a Vice-President of 138590 Canada Ltée., a Québec fish processing company carrying on business as La Boucanerie Chelsea, plead guilty to one count of violating the Fish Inspection Regulations and to one count of violating the Food and Drugs Regulations in Provincial Court in Ottawa. The Court fined him $800.00.

An investigation conducted by the Canadian Food Inspection Agency (CFIA) determined that between June 2, 2000 and March 9, 2001, Mr. De La Durantaye had exported smoked salmon that was not processed in a federally registered establishment from Québec to Ontario contrary to subsection 14.(1) of the Fish Inspection Regulations.

Subsection 14.(1) of the Fish Inspection Regulations states:

"No person shall export fish, process fish for export or store fish for export unless the processing or storing of that fish is carried out in a registered establishment."

In addition, on or about February 16, 2001, Mr. De La Durantaye sold packages of sliced smoked salmon, Atlantic smoked salmon and smoked trout that were packed in containers that were sealed to exclude air and that were smoked, the contents of which contained less than nine per cent salt, contrary to paragraph B.21.025(b) of the Food and Drugs Regulations.

Paragraph B.21.025(b) of the Food and Drugs Regulations states:

"No person shall sell marine and fresh water animals, or marine and fresh water animal products, that are packed in a container that has been sealed to exclude air and that are smoked or to which liquid smoke flavour or liquid smoke flavour concentrate has been added, unless

(b) the contents of the container contain not less than nine per cent salt, as determined by official method FO-38, Determination of Salt in Smoked Fish, dated March 15, 1985"

The CFIA enforces a number of Acts of Parliament that contribute to improving the overall integrity of the food safety, plant protection and animal health systems. As part of its ongoing effort to increase awareness of this role, the CFIA issues prosecution bulletins when a conviction is obtained.

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