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Court Fines Captain Dan's Inc. $10,000 for violation of Food and Drugs Act and Fish Inspection Regulations

On July 29, 2004, Captain Dan’s Inc., a fish processing company based in Pointe du Chêne, New Brunswick, pled guilty in Provincial Court in Shediac, New Brunswick, to one count of contravening subsection 5 (1) of the Food and Drugs Act, one count of contravening subsection 14. (1) of the Fish Inspection Regulations and one count of contravening section 27 of the Fish Inspection Regulations.

An investigation conducted by the Canadian Food Inspection Agency (CFIA) determined that on or about June 1, 2004, at or near Bouctouche, New Brunswick, the accused unlawfully sold food in a manner which was false, misleading or deceptive or likely to create an erroneous impression regarding its character, unlawfully processed lobster in an unregistered establishment and unlawfully labelled fish in a manner which was false misleading or deceptive.

Sub-section 5 (1) of the Food and Drugs Act states:

No person shall label, package, treat, process, sell or advertise any food in a manner that is false, misleading or deceptive or is likely to create an erroneous impression regarding its character, value, quantity, composition, merit or safety.

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

Section 27 of the Fish Inspection Regulations states:

No person shall package any fish or mark or label any container of fish in a manner that is false, misleading or deceptive.

The Court sentenced the accused to a fines of $3,000, $4,000 and $3,000 respectively.

CFIA prosecution bulletins report on legal proceedings in which a conviction has been obtained. In publishing them, we are seeking to increase awareness of the Agency’s role in enforcing the Acts and Regulations for which it is responsible. Under its mandate, CFIA provides Canadian businesses and consumers with inspection and related services that contribute to improving the overall integrity of the food safety, animal health and plant protection systems.

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