Archived - Thomas Canning (Maidstone) Limited Fined $40,000 for Offences under the Food and Drugs Act

On November 6, 2017, in the Ontario Court of Justice in Windsor, ON, Thomas Canning (Maidstone) Limited of Maidstone, Ontario, pled guilty to and was convicted by indictment on one count of contravening Section 5.(1) of the Food and Drugs Act. The company was ordered to pay total fines of $40,000.

Section 5.(1) of the Food and Drugs Act states that 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.

The Canadian Food Inspection Agency's (CFIA) investigation determined that between September 2013 and July 2015 the company falsely labelled some of its regular canned tomato products as "organic" canned tomato products.

Contravening Section 5.(1) results in an offence under Section 31.1 of the Food and Drugs Act. Every person who contravenes any provision of this act or the regulations, as it relates to food, is guilty of an offence and liable:

1. on summary conviction, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding six months or to both; or
2. on conviction by indictment, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding three years or to both.

The CFIA is responsible for the administration and enforcement of federal legislation, acts and regulations, including the Food and Drugs Act.

The CFIA is dedicated to safeguarding food, animal, and plant health, which enhances the health and well-being of Canada's people, environment, and economy.

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