Notification of charges laid against Point Queen Fisheries Ltd. and Kyung Sam Park under the Food and Drugs Act and the Fish Inspection Act

August 29, 2019, Ottawa – On August 15, 2019, as a result of an investigation by the Canadian Food Inspection Agency (CFIA), one charge under the Food and Drugs Act and one charge under the Fish Inspection Act were laid against Point Queen Fisheries Ltd. and Kyung Sam Park from l'Etete, New Brunswick.

It is alleged that Point Queen Fisheries Ltd. and Kyung Sam Park packaged and processed soft shell clams in a manner that is false, misleading or deceptive or is likely to create an erroneous impression regarding the product's character, value, composition, merit or safety, contrary to subsection 5(1) of the Food and Drugs Act.

Section 5(1) of the Food and Drugs Act indicates 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 second charge alleges that Point Queen Fisheries Ltd. and Kyung Sam Park had in their possession for export fish (soft shell clams) intended for human consumption that was tainted, decomposed or unwholesome contrary to subsection 10(1) of the Fish Inspection Act, thereby commiting an offence under section 17.1 of the Fish Inspection Act.

Subsection 10(1) of the Fish Inspection Act states that:

"No person shall import, export, sell for export or have in his possession for export any fish intended for human consumption that is tainted, decomposed or unwholesome."

Point Queen Fisheries Ltd. and Kyung Sam Park will appear at the Saint John Provincial Court, on September 17th, 2019 at 9:30 a.m. local time.

CFIA is responsible for the administration and enforcement of federal legislation, acts and regulations, including the Food and Drugs Act and Regulations and the Fish Inspection Act. CFIA is dedicated to safeguarding food, animal, and plant health, which enhance the health and well-being of Canada's people, environment, and economy.

CFIA issues notifications of charges laid to inform the public when charges have been laid by CFIA's Enforcement and Investigation Services (EIS). Charges are laid by EIS after the Public Prosecution Service of Canada (PPSC) decides to prosecute the charges. This Notice is part of our commitment to openness and transparency and ongoing efforts to increase awareness of our role in encouraging compliance with the various acts and regulations. In all cases, the subject of charges is presumed innocent until proven guilty.

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