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The Federal Court dismissed a judicial review challenging CFIA enforcement of a 1mg/100g beta-sitosterol threshold for ghee and found no procedural unfairness.
The impugned Regulations are valid: their pith and substance is to set compositional standards for cheese marketed in interprovincial and international trade, which falls within the federal trade and commerce power, and they were validly enacted under the Canada Agricultural Products Act and the Food and Drugs Act; evidence of an economic transfer was unpersuasive and incidental effects on production do not render the Regulations unconstitutional.
Source excerpt
La Cour fédérale rejette la demande de contrÎle judiciaire visant les modifications sur la composition du fromage, les jugeant valides sous la loi habilitante et le par. 91(2).
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