March 24, 2016, Ottawa: On February 18, 2016, at the Nova Scotia Provincial Court in Shelburne, AJY Fisheries Ltd. pleaded guilty to contravening seven provisions of the Fish Inspection Regulations and was ordered to pay $5500.00 in fines.
At the same time, Jamie Robert Atwood, President of AJY Fisheries Ltd., pleaded guilty to contravening four provisions of the Fish Inspection Regulations and was ordered to pay a $1,400.00 fine.
AJY Fisheries Ltd. was convicted of one count of contravening subsection 70(c), two counts of contravening paragraph 6(1)(b), two counts of contravening subsection 14(2), one count of contravening paragraph 26(1)(a)(b)(d)(f) and one count of contravening paragraph 26(1)(b)(d)(f) of the Fish Inspection Regulations.
Subsection 70(c) of the Fish Inspection Regulations indicates that no person shall pack, sell, export or import any unfrozen, frozen or breaded scallop meat unless the meat is free from pieces of roe, gut, shell particles, sand or other extraneous material.
Paragraph 6(1)(b) of the Fish Inspection Regulations indicates that no person shall import, export or process for export or attempt to import, export or process for export live oysters, clams, mussels or other molluscs (except scallops) or raw products derived therefrom, whether frozen or unfrozen, unless the President of the Agency is satisfied on the basis of information submitted to him that the waters from which such shellfish are taken and the premises in which they are handled and processed are of such a nature as will ensure that the shellfish are wholesome.
Subsection 14(2) of the Fish Inspection Regulations indicates that any person who processes or stores fish for export must do so in a registered establishment unless the person holds a fish export licence.
Paragraph 26(1)(a)(b)(d)(f) of the Fish Inspection Regulations indicates that in the case of fish, other than canned fish, every container or the label thereon shall be correctly and legibly marked in English or French, in addition to any other language, to indicate:
- the common name of the fish;
- the net weight of the fish, unless,
- in the case of oyster and clam meats that are not frozen, the container or label is marked with a statement of net contents in terms of fluid measure or by count;
- in the case of oysters that are marketed in the shell, the container or label is marked with a statement of the contents in terms of bushels or pecks or by count; or,
- in any case not referred to in subparagraph (i) or (ii), the container or label states that the contents are to be weighed at the time of retail sale;
- the name and address of the person by whom or for whom the fish is processed or by whom it is distributed;
- in the case of bivalve molluscs in the shell, the date of processing and the location from which the bivalve molluscs were harvested.
Mr. Atwood was convicted of one count of contravening Subsection 14(2), one count of contravening subsection 70(c), one count of contravening paragraph 26(1)(b)(d)(f) and one count of contravening paragraph 6(1)(b) of the Fish Inspection Regulations.
AJY Fisheries Ltd. exported scallops and clams on June 25, 2013 without ensuring they were wholesome. On May 2, 2014, the company imported clams without ensuring they were wholesome. These actions were in contravention of several provisions of the Fish Inspection Regulations related to import/export, labelling, composition and safety.
Mr. Atwood was accused of selling and exporting scallops on June 25, 2013 that were in contravention of several sections of the Fish Inspection Regulations related to export, labelling, composition and safety. He was also accused of importing clams on May 2, 2014 without ensuring they were wholesome.
The CFIA is responsible for the administration and enforcement of federal legislation, acts and regulations, including the Fish Inspection Act and Regulations. This includes verification that federal standards for safety, quality, composition, handling, identity, processing, packaging and labelling are being met.
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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