Bread Sales Act, R.S.O. 1990, c. B.11, Bread Sales Act
Bread Sales Act
R.S.O. 1990, CHAPTER B.11
Note: This Act was repealed on January 30, 1996. See: 1996, c. 1, Sched. M, s. 70.
Amended by: 1996, c. 1, Sched. M, s. 70.
Definitions
1. In this Act,
“bake shop” means a building, premises, workshop, room or place in which bread is made for sale or sold; (“boulangerie”)
“inspector” means an inspector appointed by a municipal council under this Act or a member of the Ontario Provincial Police Force. (“inspecteur”) R.S.O. 1980, c.48, s.1.
Appointment of inspector
2. The council of every city, town and village shall, and the council of every township may, appoint an inspector for the purpose of enforcing this Act. R.S.O. 1980, c.48, s.2.
Bake shops to be licensed
3. (1) Every person conducting a bake shop shall do so only under a licence to be issued by the municipality, and under regulations and conditions prescribed by by-law of the municipality, and no licence shall be issued until the medical officer of health gives a certificate that all regulations and conditions have been fully complied with.
Revocation
(2) Any licence issued under this Act may be revoked by the council of the municipality.
Fee
(3) The fee for the licence shall not exceed $1. R.S.O. 1980, c.48, s.3.
Weight of bread
4. (1) Except as provided in subsection (2), no person shall make bread for sale or sell or offer for sale bread except in loaves weighing 450, 570, 675 or 900 grams. R.S.O. 1980, c.48, s.4(1); R.S.O. 1980, c.48, s.4(3), part.
Small-bread
(2) Small-bread may be made for sale, offered for sale and sold in any weight not exceeding 340 grams. R.S.O. 1980, c.48, s.4(2); R.S.O. 1980, c.48, s.4(3), part.
Scales and weights in bake shop
5. Every person making bread for sale shall keep in a conspicuous and convenient place in the bake shop scales and weights suitable for weighing bread, and shall weigh the bread offered for sale at the request of any person desiring to purchase the bread, and an inspector may use the scales at any time for the purpose of weighing bread found by the inspector in the bake shop. R.S.O. 1980, c.48, s.5.
Offences
6. Every person who makes for sale or sells or offers for sale bread in contravention of the preceding sections, or who neglects to comply with section 5, is guilty of an offence. R.S.O. 1980, c.48, s.6.
Offence of using deleterious material
7. (1) Every person who uses an adulterant or deleterious material in the making of bread for sale, or who knowingly sells or offers for sale any bread containing adulterant or deleterious material, is guilty of an offence, and is also liable as part of the costs of conviction to pay any expenses incurred in procuring an analysis of such bread.
Proof of offence
(2) The keeping in any place where bread is made for sale of any adulterant or deleterious material that may be used in the making of bread is proof, in the absence of evidence to the contrary, of an offence against subsection (1). R.S.O. 1980, c.48, s.7.
Offence of interfering with inspector
8. Every person who refuses the inspector admittance to the person’s bake shop or who interferes with the inspector in the performance of his or her duties is guilty of an offence. R.S.O. 1980, c.48, s.8.
Inspector’s powers
9. (1) An inspector may, at any time prior to the delivery to a purchaser, weigh any bread made or offered for sale, and may take away any bread and cause it to be tested for the purpose of determining if any adulterant or deleterious material has been used in the making thereof.
Destruction of adulterated bread
(2) If the bread is found to contain any adulterant or deleterious material, the inspector shall destroy it.
Disposal of light-weight bread
(3) An inspector who, upon weighing the bread, finds that it is of less than the prescribed weight, shall seize and remove it and hand it over to some charitable institution. R.S.O. 1980, c.48, s.9.
Duties of inspector
10. It is the duty of the inspector to see that this Act is complied with, and the inspector shall make a report quarterly to the council showing the prosecutions taken and the quantity of bread seized or tested under this Act. R.S.O. 1980, c.48, s.10.
When penalty not to be imposed
11. No person is liable to the penalties prescribed by this Act for making or offering for sale short-weight bread unless in the case of a manufacturer there are found at least ten short-weight loaves and in the case of a retailer there are found at least five short-weight loaves at one time, but all short-weight loaves are nevertheless liable to seizure under subsection 9(3). R.S.O. 1980, c.48, s.11.
Certificate of analyst
12. In any prosecution under this Act, a certificate in writing purporting to be signed by the analyst or assistant analyst of the Ministry of Health who made any test under this Act, stating the result of the test, is proof, in the absence of evidence to the contrary, of the facts set forth in the certificate and is receivable without proof of the signature or of the official character of the person who appears to have signed it. R.S.O. 1980, c.48, s.12, revised.
Offence
13. Every person guilty of an offence under this Act, on conviction, is liable to a fine of not less than $10 and not more than $100 for the first offence, and not less than $25 and not more than $200 for any subsequent offence. R.S.O. 1980, c.48, s.13.
