European Food Law Handbook

Format: Hardcover

Language: English

Format: PDF / Kindle / ePub

Size: 10.37 MB

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Pages: 632

Publisher: Wageningen Academic Publishers (March 30, 2008)

ISBN: 9086860826

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The inspector must make the copies as soon as practicable and return the original records to the person or place from which they were removed. 14.1(9) No person shall hinder, obstruct or interfere with an inspector conducting an inspection under this section. (a) is admissible in evidence without proof of the office or signature of the person purporting to have made the certificate; and (b) has the same probative force as the original record. (a) an inspector has been refused entry to any premises or place to carry out an inspection; or (i) an inspector would be refused entry to any premises or place to carry out an inspection, or (ii) if an inspector were to be refused entry to any premises or place to carry out an inspection, delaying the inspection in order to obtain a warrant on the basis of the refusal could be detrimental to the inspection; may at any time issue a warrant authorizing an inspector or any other person named in the warrant to enter the premises or place and carry out an inspection. 15 Subject to any conditions imposed by the director, a person authorized by the director may carry out any investigation reasonably required for the enforcement of this Act. (a) an offence is being or has been committed; and (b) there is in a building, vehicle, receptacle or place any thing that there are reasonable grounds to believe will afford evidence of an offence under this Act; may at any time issue a warrant authorizing the person or persons named in the warrant, to enter and search the building, vehicle, receptacle or place for any such thing, and to seize it and as soon as practicable bring it before a justice, or report on it to a justice, to be dealt with according to law. 17(1) The director shall give or leave a receipt for any book, paper, document or thing retained for use as evidence under section 15 or 16. 17(2) Any book, paper, document or thing retained under section 15 or 16 shall be returned to the owner within a reasonable time, and upon the request of the owner before it is returned and if the request is reasonable the director shall forthwith furnish the owner with a copy thereof without charge. 17(3) No person shall conceal or destroy any book, paper, document or thing relevant to an investigation under section 15 or to a search under section 16 or in any way obstruct such an investigation or search. 18(1) Where the director is satisfied that a supplier is committing an unfair business practice, the director may, after giving the supplier a reasonable opportunity to be heard, (a) order the supplier to cease committing the practice; (b) if a false, misleading or deceptive representation in respect of a consumer transaction has been made by the supplier in an advertisement, order the supplier to retract the representation or publish a correction of equal prominence to the original publication; and (c) order the supplier to post the order in a prominent place in its business premises. 18(1.1) Subject to subsection (3), an order takes effect 14 days after it is served on the supplier. 18(2) A supplier against whom an order is made under subsection (1) shall be served with a copy of the order together with written reasons for the making thereof. 18(3) The supplier named in an order under subsection (1) may appeal from the order to the court within 14 days after being served therewith, and in the event of such an appeal the order is stayed pending the outcome of the appeal. (a) confirm or vary the order; (c) make such other order as it considers proper; (d) attach such terms and conditions to the order of the director as it considers proper. 18(5) The director and the supplier who is appealing, and such other persons as the court may direct, are parties to proceedings before the court in an appeal under this section. 18(6) In an appeal under this section, the director has the burden of establishing that the appellant is committing or has committed the unfair business practice set out in the director's order. 19(1) Where the director is satisfied that a supplier has committed or is committing or is about to commit an unfair business practice in relation to a consumer transaction, and the supplier has received money or security from the consumer in respect of the transaction, and the director is satisfied that an order under this subsection is necessary for the protection of the public, the director may, subject to subsection (2), apply to the court ex parte for an order (i) who is holding funds of the supplier, or (ii) who has possession of or control over any real or personal property or other assets of the supplier, or (iii) who has a debt payable to the supplier, from disposing of or otherwise dealing with the funds, property, assets or debt except as approved by the court; (b) directing the supplier not to disburse any funds or otherwise deal with any funds, property or assets of the supplier, or debts owing to the supplier, except as approved by the court; and the court may make the order or such other order as it deems proper. 19(2) The amount or value of any funds, property, assets or debt affected by an order under subsection (1) shall, as nearly as may be possible, bear a reasonable relationship to the amount or value of the money or security paid or given to the supplier by the consumer. 19(3) A supplier and any other person affected by an order made under subsection (1) may, on notice to the director, apply to the court to have the order varied or set aside. 19(4) Where a supplier or other person against whom an order is made under subsection (1) is in doubt as to the application of the order to any funds, property, assets or debt, or another person not named in the order claims a right, title or interest in the funds, property, assets or debt, the supplier or other person, as the case may be, may pay or deliver the funds, property or assets or the amount of the debt into court. 19(5) An order made under this section ceases to have any force or effect upon the expiry of five days from the making thereof, Saturdays, Sundays and holidays excluded, unless it is renewed by the court prior thereto upon the application of the director, and the court upon such an application may renew the order for such period of time and on such terms and conditions as it deems proper. 19(6) Subsection (1) does not apply where a supplier who has received money or security from a consumer in respect of a consumer transaction files or deposits with the director a bond or other security, in a form and an amount and containing terms and conditions acceptable to the director, in the name of and for the benefit of the director, and the director is satisfied that it is not contrary to the public interest to accept the bond or security in lieu of an order under that subsection. 19(7) In the event of a breach of any term or condition of a bond or security filed or deposited by a supplier under subsection (6), the director shall on notice to the supplier apply to the court for directions as to the forfeiture of the bond or security and the realization and disposition of the proceeds thereof. 20(1) Where the director is satisfied that a supplier has been committing an unfair business practice, the director, if satisfied that the supplier has ceased to do so, may accept from the supplier a written assurance, in a form and containing terms and conditions to be determined by the director, undertaking not to commit any unfair business practice in the future, and, without limiting the generality of the foregoing, the assurance may include all or any of the following additional undertakings: (a) to comply with this Act and the regulations; (b) to refund, return or pay to the consumers, if any, specified in the assurance any money, property or other thing received from them in connection with a consumer transaction, and any money necessarily expended by them in making and pursuing a complaint under this Act; (c) to abide by the terms and conditions set out in the assurance in all future consumer transactions; (d) to provide a bond or other security to the director, in a form and an amount and containing terms and conditions to be determined by the director, guaranteeing that the supplier will comply with this Act, the regulations and the assurance; (e) to reimburse the director on demand with the reasonable costs of any inspection the director may have carried out respecting the supplier; (f) to comply with any requirements set out in the assurance as to the form, content and maintenance of trust accounts, records, contracts, advertisements or other documents or papers respecting consumer transactions of the supplier; (f.1) to retract a false, misleading or deceptive representation made in an advertisement; (f.2) to publish a correction of a false, misleading or deceptive representation made in an advertisement that is of equal prominence to the original publication; (g) to complete all existing uncompleted consumer transactions of the supplier in compliance with this Act, the regulations and the terms and conditions of the assurance. 20(2) Every security provided under an assurance given pursuant to subsection (1) shall be forfeited upon demand in writing by the director, where the supplier in respect of whose conduct the security is conditioned breaches any part of the assurance. 20(3) A supplier to whom a demand of forfeiture is directed under subsection (2) may appeal therefrom to the court within 14 days after the date of the demand, and the court may make such order with respect to the forfeiture as it deems fit. 20(4) The director may stipulate that the proceeds of any security forfeited pursuant to this section, or so much thereof as may be necessary, be paid over to such persons as the director considers entitled thereto by reason of any consumer transaction to which this Act applies. 20(5) Any moneys not expended pursuant to a stipulation under subsection (4) shall be refunded to the supplier, except where there are third party claims against those moneys and in such a case the moneys not expended shall be paid into court. 20(6) Where the security under which moneys are recovered pursuant to this section is a bond furnished by a person other than the supplier, any moneys not expended pursuant to a stipulation under subsection (4) shall be refunded to that person whether or not there are third party claims against them. 20(7) For greater certainty, the director is not precluded from issuing an order under section 18, or applying to court under section 19 or 21, in respect of a supplier who fails to comply with the terms and conditions of an assurance under subsection (1) or who commits another unfair business practice. 21 The director may apply to the court to restrain a supplier from committing or attempting to commit an unfair business practice, and the court may grant an injunction on the terms and conditions that it considers appropriate. 22 Notwithstanding any other provision of this Act, the minister may appoint a person to conduct an investigation into any matter to which this Act applies, and the person so appointed shall report the results of the investigation to the minister and, for the purposes of the investigation, has the powers of a commissioner under Part V of The Manitoba Evidence Act. 23(1) A consumer may commence a court action against a supplier for relief from an unfair business practice. 23(2) Where the court finds in an action under subsection (1) that an unfair business practice has occurred, it may, subject to subsections (3) and (4), (a) award damages for any loss suffered by the consumer; (c) grant an injunction restraining the supplier from continuing the unfair business practice; (d) order the supplier to repay all or part of any amount paid to the supplier by the consumer or relieve the consumer from the payment to the supplier of any amount or any further amount, as the case may be, in respect of the consumer transaction, if any; (e) make an order of specific performance against the supplier; (f) give such other directions and grant such other relief as the court deems proper. 23(3) In determining whether to grant any relief under this section and the nature and extent thereof, the court shall consider whether or not the consumer made a reasonable effort to minimize any damage resulting from the unfair business practice and to resolve the dispute with the supplier before commencing the court action. 23(4) A judgment under subsection (2) may include an award of exemplary or punitive damages against the supplier, except where the supplier took reasonable precautions and exercised due diligence to avoid the unfair business practice. 24(1) Where the director is satisfied that an unfair business practice has occurred within the meaning of section 3 or 3.1, the director may, on behalf of any consumer affected thereby but subject to subsection (2), (a) commence any court action against the supplier that the consumer would be entitled to bring under section 23; (b) maintain any court action that the consumer has already commenced against the supplier under section 23; (c) defend any court action brought by the supplier against the consumer with respect to any consumer transaction; as the case may be. 24(2) The director shall not commence, maintain or defend a court action on behalf of a consumer under subsection (1) except with the consent of the consumer and except where the director is satisfied that the consumer is not in a position to protect the consumer's own interests. 24(3) In a court action under this section, the court may make any order and grant any relief that it may make or grant under section 23. 24(4) The director, and the affected consumer and supplier, and such other persons as the court may direct, are parties to any court action commenced, maintained or defended by the director under this section. 25 Where, other than in the course of business, a person receives from a consumer, as heir, donee or assignee, goods that were the subject of a consumer transaction, that person has the same rights as the consumer to seek and obtain redress from the supplier under this Act. 26(1) Except for the purposes of a prosecution or other proceeding under this Act, or for the purposes of the administration and enforcement of this Act or the regulations, neither the director nor any person employed in the administration of this Act shall (a) knowingly communicate, or allow to be communicated, to any other person, any information obtained by or on behalf of the director or employee in the course of the administration of this Act; or (b) knowingly allow any other person to inspect, or to have access to, any book, record, document, file or correspondence, or copy thereof, obtained by or on behalf of the director or employee in the course of the administration of this Act. 26(2) Subsection (1) does not prohibit the communication or inspection of or access to any information (including personal information), book, record, document, file or correspondence, or copy thereof, obtained in the course of the administration of this Act, (a) to or by a department or agency of the government of Manitoba or another province or territory of Canada or the Government of Canada or a municipality in Canada, or to or by the members of a police force of any of the foregoing; or (b) with the consent of the person to whom the information, book, record, document, file or correspondence relates. 26(3) Clause (1)(a) does not prohibit the communication of information (including personal information) obtained in the course of the administration of this Act by the director when, in the director's opinion, it is in the public interest to do so. 27 Except in respect of a prosecution, civil suit or other proceeding under this Act, neither the director nor any other person may be compelled, in any court action or other proceeding, to give evidence disclosing information obtained in the course of the administration of this Act. 28 The provisions of this Act apply notwithstanding any agreement to the contrary, and any waiver or release given of the rights, benefits or protections provided under this Act is void Protecting Your Family's Assets in Florida: How to Legally Use Medicaid to Pay for Nursing Home and Assisted Living Care (Second Edition) http://blog.micaabuja.org/?books/protecting-your-familys-assets-in-florida-how-to-legally-use-medicaid-to-pay-for-nursing-home-and.

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