BILL NO. 64

(c) "Minister" means the Minister of Agriculture.

3 This Act applies to distributors, retailers and producers of food with annual food sales of $100,000 or greater.

4 (1) No distributor, retailer or producer of food shall dispose of food except in accordance with this Section.

(2) Distributors, retailers and producers of food shall dispose of food in accordance with the following order of priorities:

(a) prevention of food waste;

(b) use of clean unsold food for human consumption through donation to an approved organization;

(c) use of food for animal feed;

(d) use of food for compost, agriculture or energy generation in accordance with the regulations.

5 Each distributor, retailer or producer of food shall establish a plan to reduce food waste for each facility or establishment the distributor, retailer or producer of food operates.

6 The Minister shall provide educational material to every distributor, retailer and producer of food explaining its duties under this Act and such other matters as the Minister considers advisable.

7 (1) The Minister shall approve, in accordance with the regulations, organizations to whom food may be donated under this Act.

(2) The Minister shall make a list of organizations approved under subsection (1) available to the public.

8 Any provision of a contract that purports to prevent the donation of food is void to the extent it would prevent the donation of food.

9 Each distributor, retailer and producer of food and approved organization shall report to the Minister annually on the amount of food donated or received.

10 No person shall deliberately make food unfit for consumption or any other use.

11 (1) A person who donates food, or who distributes donated food to another person, is not liable for damages resulting from the consumption of the food, unless

(a) the food was adulterated, rotten or otherwise unfit for human consumption; and

(b) in donating or distributing the food, the person either

(2) A director, officer, agent, employee or volunteer of a corporation or organization that donates food, or that distributes donated food, is not personally liable for damages resulting from the consumption of the food, unless

(a) the food was adulterated, rotten or otherwise unfit for human consumption; and

(b) in donating or distributing the food, the director, agent, employee or volunteer

(3) This Section does not apply to a person who distributes donated food for profit.

12 (1) A person who contravenes this Act is guilty of an offence and liable on summary conviction to a fine of not more than $5,000.

(2) Where a corporation contravenes this Act, a director or officer of the corporation who authorized, permitted or acquiesced in the contravention is also guilty of an offence and is liable on summary conviction to the penalty set out in subsection (1), whether or not the corporation has been prosecuted or convicted.

(3) Where a person who carries on a business contravenes this Act and the contravention is in relation to the business, that person shall, in addition to any other penalty, display a notice of the offence in a prominent location in their place of business for a period of 60 days in such form and containing such information as may be prescribed by the regulations.

13 (1) The Governor in Council may make regulations

(a) respecting the use of food for compost, agriculture or energy generation;

(b) respecting approved organizations, including establishing criteria for the approval of organizations; and

(c) prescribing the form and contents of a notice displayed under subsection 12(3).

(2) The exercise by the Governor in Council of the authority contained in subsection (1) is a regulation within the meaning of the Regulations Act.

14 This Act has effect on and after January 1, 2017.

 

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