Canada Proposes Licensing, Safety Systems for Most Imported Foods

Comments on its proposal are due by October 4, 2010. CFIA states it is seeking to gauge the level of support for this initiative, and to identify any suggestions for alterations to the proposal.

Proposal Would Affect 70% of the Food Products in Canada

According to CFIA, the imported products that would be affected account for 70% of the food products available in the Canadian marketplace, and include:

• alcoholic and non-alcoholic beverages
• fats and oils
• infant formula
• coffee and tea
• cereals
• spices and seasonings
• juices
• bakery products and confectioneries
• food ingredients

Exclusions. CFIA states that meat products; dairy products; eggs; fresh fruits, fresh vegetables, nuts or edible fungi; honey and honey products; maple products; processed egg; fish; or certain other processed product; which are subject to food laws and regulations other than the Food and Drugs Act, would not be affected by the proposal. In addition, bottled water, synthetic colors, and minerals and salts would not be affected by this proposal. Exemptions would include items not intended for sale in Canada that weigh 5 kilograms or less and are for personal use, etc.

(This regulatory proposal is part of Canada's Food and Consumer Safety Action Plan that was announced by Prime Minister Harper on December 17, 2007. One of the objectives of this plan is to enhance Canada's food safety system for imported food products in the NFRS by modernizing legislation and enhancing program measures.)

Import Licensing and Written Food Safety System Proposed

The CFIA states that when the regulations that implement this proposal come into effect, importers would have to have in place a:

• recall plan,
• process to record any complaints and how the complaints were handled,
• process to keep records of all products imported, including the identity, code, date and shipment number and distribution records.

Two years after the regulations come into effect, importers would be required to have an Imported Food Sector license to import these products into Canada. As a condition of receiving the license, importers would have to confirm that they have implemented a Preventive Food Safety Control System.

According to CFIA, its proposal is designed to strengthen the accountability of importers for the safety of food products in the NFRS. Once the proposed regulations enter into force, NFRS products that fall with their scope would be known as the Imported Food Sector (IFS).

Importers Would Need Only One License

All importers of products in the IFS would be required to have a license to import IFS products into Canada. Only one license would be needed, regardless of the number if IFS products imported. The license would have a two year validity period.

Online application. CFIA will be developing an online application process. Should an importer be unable to submit an application online, hard copy procedures would be made available. However, these submissions may take longer to process.

The import license would be issued automatically based on completion of the application and confirmation of payment of the licensing fee. It is anticipated that the on-line license will be issued the same day the application is processed. The CFIA will verify that the conditions of the license are being met after it is issued, on a risk basis.

CBSA would track. In order for the Canadian Border Services Agency to process and clear an IFS product at the border, importers would have to enter a valid IFS import license number into its product tracking system.

Those without a valid license would not be able to import products in this sector into Canada and would be referred to the CFIA to apply for a license.

Written Safety System Would be Required

In order to be licensed, importers would have to develop, implement and maintain a written Preventive Food Safety Control System outlining the actions and measures taken to achieve the goal of safe and compliant food.

CFIA recognizes that a properly implemented Preventive Food Safety Control System takes time to develop. Among other things, importers would have to retrieve additional information about the food from their foreign suppliers in order to be able to fulfill their responsibilities for the safety of the foods they import.

Phased-in approach. To provide Canadian importers with some time to develop their systems, the CFIA is proposing a phased-in approach. Under the current proposal, importers would have two years after the regulations come into force to develop and implement their Preventive Food Safety Control Systems.

Recall plan. In addition, the importer would have to maintain records at an address in Canada, have a written recall plan, and notify the CFIA within 24 hours if they became aware that the product constitutes a risk to the public.

(CFIA states that this proposal is a first step toward further strengthening the legislative framework for NFRS products. CFIA states that it is proposing to enhance controls of these imported products for the following reasons:

While the proposal targets imported NFRS products, the Government of Canada intends to continue modernizing its legislative framework as it pertains to food. In the future, this may include the modernization of legislation pertaining to domestic manufacturers of NFRS products.)

¹Although CFIA terms the proposal a “regulatory proposal,” there is no actual document; CFIA sources state that the proposal is a “consultation on line”.

CFIA announcement and access to “consultation on line” and background document available here.

CFIA Q&A available here.