BILL M 226 – 2007
RIGHT TO KNOW ACT, 2007
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
Part 1 — Definitions
Definitions
1 In this Act,
"consumer" means an individual, whether in British Columbia or not, who buys food, goods or services for personal use and not for manufacture or resale;
"expose" has the prescribed meaning, and "exposure" has a corresponding meaning;
"food" means food or drink for human consumption, and includes the following:
(a) any substance or thing that is manufactured, sold or represented for use as a food or drink for human consumption;
(b) any substance or thing that is manufactured, sold or represented for use as an additive, ingredient, or processing aid in a substance or thing referred to in subsection (a);
(c) any agricultural product that is grown, raised, cultivated, harvested, or kept for the purpose of producing food or drink for human consumption;
"flavouring" means products, not intended to be consumed as such, that are added to food in order to impart odour, taste or both;
"good" means a product that can be produced, bought, and sold, and that has a physical identity;
"minister" means the Minister of Health;
"sell" includes agree to sell and offer, or display for sale;
"serv ices" means services, whether or not the services are together with or separate from goods, and includes a membership in a club or organization; and
"supply" includes, in respect of the supply of food, goods or services to a consumer, a sale, lease, assignment, award by chance or other disposition.
Purpose
2 (1) The purpose of this Act is to provide protection for public health by providing consumers and communities with information for making choices respecting
(a) goods or services that expose consumers to toxic substances; and
(b) food composed of, containing, or derived from genetically engineered materials.
(2) This Act applies to foods, goods, and services sold in British Columbia and for which standards or requirements are established under this Act.
Part 2 — Toxic Substances Warnings
Definitions
3 In this Part,
"hazard label" means a packaging label with a distinct letter symbol that identifies a toxic substance contained in a good or that may be exposed to a consumer through the provision of a service, distinguishable as follows:
(a) a "C" in the case of a toxic substance designated as a carcinogen;
(b) an "R" in the case of a toxic substance designated as a reproductive toxicant;
(c) an "M" in the case of a toxic substance designated a mutagen;
(d) a "D" in the case of a toxic substance designated a reproductive and developmental toxin;
(e) an "ED" in the case of a toxic substance designated as an endocrine disrupting chemical;
(f) an "S" in the case of a sensitizer;
"toxic substance" includes any of the following substances in a gaseous, liquid or solid state;
(a) substances identified as Group 1, Group 2A or Group 2B agents in the International Agency for Research on Cancer's Monographs on the Evaluation of Carcinogenic Risks to Humans, published by the World Health Organization International Agency for Research on Cancer;
(b) substances identified as carcinogenic, mutagenic or toxic to development or reproduction by
(i) the European Chemicals Agency;
(ii) any Directive or Regulation of the European Parliament and Council of the European Union;
(iii) the Office Environmental Health Hazard Assessment of the California Environmental Protection Agency;
(iv) the United States National Toxicology program list of known or reasonably anticipated carcinogens; or
(v) the United States Environmental Protection Agency, Health Canada or Environment Canada;
(c) substances classified as endocrine disrupting chemicals by
(i) the European Chemicals Agency;
(ii) any Directive or Regulation of the European Parliament and Council of the European Union; or
(iii) the United States Environmental Protection Agency, Health Canada or Environment Canada;
(d) substances in the California Environmental Protection Agency's Schedule 1 List of Toxic Substances;
(e) any other substance that is prescribed in the regulation as a toxic substance.
Warning before exposure to toxic substances when supplying services
4 (1) A person who supplies a service that may expose a consumer to a toxic substance must provide a warning disclosing that exposure to the consumer.
(2) If a person is required to warn a consumer under subsection (1), the warning must include
(a) the name of the toxic substance;
(b) an indication of the danger and any special risks arising from exposure to the substance; and
(c) the origin of the substance, including the name and address of the manufacturer or distributor.
(3) In addition to the requirements under subsection (2), where a label can be affixed, the warning must include
(a) a hazard label indicating every toxic substance that may be exposed to the consumer; and
(b) a danger symbol.
Warning before exposure to toxic substances when selling goods
5 (1) A person who sells a good that
(a) contains a toxic substance; or
(b) when used, produces a toxic substance
must affix a label warning a consumer of the potential exposure to the toxic substance on one or more surfaces of the packaging of that good.
(2) If a person is required to warn a consumer under subsection (1), the warning label must include
(a) a danger symbol and an indication of the danger and any special risks involved in the use of every substance;
(b) the origin of every substance, including the name and address of the manufacturer or distributor for every substance; and
(c) a hazard label indicating every toxic substance that good contains.
(3) In addition to the requirements under subsection (2), the label must be printed in clearly legible and indelible characters.
Registry of toxic goods or services
6 (1) The minister will establish and maintain an electronic registry of toxic goods and services provided in British Columbia.
(2) The electronic registry must
(a) be available at the Ministry's website;
(b) be kept up to date; and
(c) include instructions on how to use the registry.
(3) A person who sells a good containing a toxic substance or supplies a service that may expose a consumer to a toxic substance must provide the information outlined in subsection (4) to the ministry for the purposes of building the registry.
(4) The information in the electronic registry will be searchable by
(a) the name of the toxic substance;
(b) the name of a person who supplies a service or sells a good containing a toxic substance, and that person's business address;
(c) the geographic region, including postal code; and
(d) an indication of the danger arising from exposure to or use of the substance on human health and the environment.
(5) The website at which the registry is available must have a function to allow a user of the registry to create reports organized by the criteria in subsection (4) and by any other prescribed criteria.
(6) The requirement to publish and maintain the registry applies
(a) in addition to any other provision set out in this Act or any other enactment or regulation respecting public access to the documents listed in subsection (1); and
(b) despite any other provision in any other enactment or regulation that would limit the disclosure or use of any information listed in subsection (1).
(7) The registry will be reviewed periodically, as prescribed by regulation.
Toxic substances advisory panel
7 (1) The minister will establish the Toxic Substances Advisory Panel to advise and make recommendations to the minister respecting matters relating to this Part.
(2) The Toxic Substance Advisory Panel must review the definition of toxic substance on a yearly basis and recommend revisions to it.
(3) The Toxic Substance Advisory Panel consists of not more than the number of members specified by regulation, all of whom are appointed by the minister.
(4) The minister must ensure that members of the Toxic Substance Advisory Panel include the following:
(a) one expert on public health advocacy;
(b) one expert on cancer prevention;
(c) two persons representing non-governmental agencies that work on issues related to public health, the environment, or cancer prevention;
(d) two persons representing industry or businesses in the province, including one representative of small business.
(5) The minister may set the term of office of each member of the Toxic Substance Advisory Panel and may designate one member as the chair.
Part 3 — Genetically Engineered Food Warnings
Definitions
8 In this Part;
"gene technology" means recombinant DNA techniques that alter the heritable genetic material of living cells or organisms;
"genetically engineered food" means food that is, or contains as an igredient, including a processing aid, a food produced using gene technology that
(a) contains novel DNA or novel protein; or
(b) has altered characteristics;
but does not include
(a) food where the novel protein and/or novel DNA cannot be detected;
(b) a processing aid or food additive, except where novel DNA or novel protein from the processing aid or food additive remains present in the food to which it had been added;
(c) flavouring present in the food in a concentration no more than 1g/kg; or
(d) a food, ingredient, or processing aid in which genetically engineered food is unforeseeably present in a quantity of no more than 10g/kg per ingredient; and
"novel DNA and/or novel protein" means DNA or a protein that is a result of the use of gene technology.
Labelling of genetically engineered food
9 (1) A person must not sell genetically engineered food without a label on the package that warns a consumer of the exposure to any genetically engineered ingredients.
(2) The label on a package of genetically engineered food must include the statement "genetically engineered" in conjunction with the name of that food, ingredient or processing aid.
(3) Where genetically engineered food is sold other than in a package, any information that would have been required under this section on the label of the food must be displayed on or in connection with the display of the food.
(4) This Act does not apply to food intended for immediate consumption that is prepared and sold from food premises and vending vehicles, including restaurants, take-away outlets, caterers, or self-catering institutions.
Promotion of non-genetically engineered food
10 A person who sells non-genetically engineered food may label that food as such.
Registry of toxic goods or services
11 (1) The minister will establish and maintain an electronic registry of genetically engineered foods grown and sold in British Columbia.
(2) The electronic registry must
(a) be available at the Ministry's website;
(b) be kept up to date; and
(c) include instructions on how to use the registry.
(3) A person who sells genetically engineered food must provide the information outlined in subsection (4) to the ministry for the purposes of building the registry.
(4) The information in the electronic registry will be searchable by the following:
(a) the name of the food product;
(b) the brand name of the food product;
(c) the name of a person who sells the food containing genetically-engineered ingredients, and that person's business address; and
(d) the geographic region, including postal code.
(5) The website at which the registry is available must have a function to allow a user of the registry to create reports organized by the criteria in subsection (4) and by any other prescribed criteria.
(6) The requirement to publish and maintain the registry applies
(a) in addition to any other provision set out in this Act or any other enactment or regulation respecting public access to the documents listed in subsection (1); and
(b) despite any other provision in any other enactment or regulation that would limit the disclosure or use of any information listed in subsection (1).
(7) The registry will be reviewed periodically, as prescribed by regulation.
Genetically engineered food advisory panel
12 (1) The minister will establish the Genetically Engineered Food Advisory Panel to advise and make recommendations to the minister respecting matters relating to this Part.
(2) The Genetically Engineered Food Advisory Panel consists of not more than the number of members specified by regulation, all of whom are appointed by the minister.
(3) The minister must ensure that members of the Genetically Engineered Food Advisory Panel include the following:
(a) one expert in genetic engineering;
(b) one expert in food science;
(c) one person representing a non-government agency that works on issues related to the genetic engineering of food;
(e) two persons representing the food industry or businesses in the province, including one representative of small business.
(4) The minister may set the term of office of each member of the Genetically Engineered Food Advisory Panel and may designate one member as the chair.
Part 4 — General
Power to make regulations
13 (1) The Lieutenant Governor in Council may make regulations referred to in section 42 of the Interpretation Act.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:
(a) providing for the maintenance and enforcement of standards and requirements established under this Act and the duties and powers of any inspection in relation to those matters;
(b) prescribing duties and functions of the panels established under this Act;
(c) providing for the review of the definition of "toxic substance";
(d) providing for sampling, testing, inspection and analysis of food, providing for the manner and conditions of sampling, testing or analysis and designating laboratories to perform testing and analysis;
(e) defining a word or expression used but not defined in this Act;
(f) providing for the review of the registries created by this Act; and
(g) respecting any matter considered necessary or advisable to carry out effectively the purpose of this Act.
(3) A regulation under this section may be incorporated or adopted by reference, and with any changes the Lieutenant Governor in Council considers appropriate, all or part of a code, rule or standard, as amended before or after the making of the regulation and relating to the subject matter of this Act, whether the code, rule or standard is promulgated by the government of Canada, a province of Canada or a jurisdiction outside Canada, by any governmental authority or agency or by any association or other body of persons.
(4) If all or part of a code, rule or standard is adopted by regulation, publication in the Gazette of a notice of the adoption referring to the code, rule or standard and stating the extent of its adoption and setting out any variations to which the adoption is subject, is deemed sufficient publication without publishing in the Gazette the text of the code, rule, standard or part adopted.
Commencement
14 This Act comes into force on the date of Royal Assent.
Explanatory Note
This Bill will better protect the health of consumers and communities in British Columbia. The Bill provides that suppliers and producers must warn consumers if their products expose consumers to toxic chemicals or genetically engineered food. The Bill also establishes specialized searchable registries,
which will allow the public to have greater access to information on those providers who use toxic chemicals or genetically engineered ingredients in their products.
|