CanadaIs it legal to sell food that is mislabelled or packaged under unsanitary conditions?
No, it is illegal in Canada to sell food that is mislabelled or packaged under unsanitary conditions. Both acts violate the Food and Drugs Act.
What the Law Says
The Food and Drugs Act sets strict federal standards for food safety and labelling across Canada.
Under section 4 of the Food and Drugs Act, it is illegal to sell food that contains a poisonous or harmful substance, is unfit for human consumption, or was manufactured under unsanitary conditions. This means even if the food looks or tastes fine, unsafe production conditions alone make it unlawful to sell.
Section 5 prohibits any false, misleading, or deceptive labelling, packaging, treatment, processing, sale, or advertising of food. This includes incorrect ingredient lists, fake 'organic' claims, missing allergen warnings, or false country-of-origin statements.
Statutory TextNo person shall sell food that has in or on it any poisonous or harmful substance, is unfit for human consumption, or was manufactured under unsanitary conditions.
— Food and Drugs Act, s. 4 — Prohibited sales of food
Statutory TextNo person shall label, package, treat, process, sell or advertise food in a manner that is false, misleading or deceptive.
— Food and Drugs Act, s. 5 — Deception regarding food
What Courts Have Said
Courts have affirmed that food producers owe legal duties to protect consumers — and others in the supply chain — from harm caused by unsafe or misrepresented food.
The Court held that while a food manufacturer does not automatically owe a duty of care for pure economic loss to downstream businesses (e.g., franchisees), such a duty may arise where the manufacturer assumes responsibility and the plaintiff reasonably relies — reinforcing the seriousness of food safety failures.
What to Do
Stop selling the food immediately if you discover mislabelling or unsanitary packaging.
Contact the Canadian Food Inspection Agency (CFIA) to report the issue and seek guidance.
Review your labelling and manufacturing processes with a food safety expert or CFIA-registered consultant.
Correct all labels and sanitation practices before resuming sales — non-compliance can lead to fines, recalls, or criminal charges.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.