© 2011 Her Majesty the Queen in Right of Canada

(Canadian Food Inspection Agency), all rights reserved. Use without permission is prohibited.

The Proposed

Safe Food for Canadians Regulations

Clarice Lulai Angi Konferencija o sigurnosti I kvaliteti hrane

Opatija, Croatia

May 2017

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Purpose

To provide you with:

• An understanding of why the CFIA is modernizing its regulations

• An explanation of what changes are proposed, what they mean for you, and how the CFIA can help

• Information on our next steps

• An opportunity to ask questions about the proposed Safe Food for Canadians Regulations (SFCR)

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The CFIA at a glance

Mission:

Dedicated to safeguarding food, animals and plants, which enhances

the health and well-being of Canada’s people, environment and

economy.

• The safety of Canada’s food supply is central to everything we do –

working from the farm gate to the consumer’s plate to protect public

health.

• Approximately 7200 highly trained professionals dedicated to:

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The Proposed SFCR

Consolidating Regulations

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Canada Agricultural Products Act

• Dairy Products Regulations

• Egg Regulations

• Fresh Fruit and Vegetable Regulations

• Honey Regulations

• Icewine Regulations

• Licensing and Arbitration Regulations

• Livestock and Poultry Carcass Grading Regulations

• Organic Products Regulations

• Maple Products Regulations

• Processed Egg Regulations

• Processed Products Regulations

Consumer Packaging and Labelling Act (as it relates to food)

• Consumer Packaging and Labelling Regulations

Fish Inspection Act

• Fish Inspection Regulations

Meat Inspection Act

• Meat Inspection Regulations, 1990

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Benefits of the SFCA and the SFCR

Food

Businesses

CFIA

Consumers

Food

Businesses

CFIA

Consumers

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Benefits of the SFCA and the SFCR

Modernized, consistent rules will enable the

Agency to:

• better identify food safety risks in order to

target audits and inspections

• take more consistent enforcement actions

where regulatory requirements are not met

• communicate important food safety

information directly to food businesses and

respond more quickly in the event of a food

safety incident.

Food

Businesses

CFIA

Consumers

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Benefits of the SFCA and the SFCR

Canadians will be better protected from

unsafe food through the:

• introduction of stronger authorities to prevent

tampering

• implementation of updated food safety

control systems that align with internationally

recognized standards

• enhancement of controls over imported food

commodities

• improvement of the recall system – foods will

be traced and removed unsafe food from

store shelves more efficiently

Food

Businesses

CFIA

Consumers

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Benefits of the SFCA and the SFCR

Promote competitiveness

• More consistent regulatory requirements

• Reduce unnecessary administrative burden

and foster a level playing field

• Enable innovation through outcome-based

provisions

Enhance Market Access

• CFIA certification of foods for export

• Close alignment of Canada’s food safety

system with those of our trading partners

(e.g. United States and EU)

Better Management of Risks to Food Safety

Safe Food for Canadians Act and Regulations

Key Milestones

2012— Passage of the Safe Food for Canadians Act set the

stage for a stronger and more modern food safety system.

2013-2014—The CFIA consulted industry and other

stakeholders at two major food safety forums.

2015-2016—The CFIA held targeted consultations with micro

and small businesses to inform options for reducing burden and

supporting compliance.

Saturday January 21st, 2017 Proposed regulations pre-published in Canada Gazette, Part I

Comment period ended April 21, 2017

Scope

• The proposed SFCR would generally apply to food for human consumption (including ingredients) that is imported, exported, or inter-provincially traded.

• It would apply to food animals from which meat products to be exported or inter-provincially traded may be derived.

• Some of the traceability, labelling and advertising provisions would also apply to intra-provincially traded foods.

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Structure and Content

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Part 1: Interpretation

Part 2: Trade • Includes division on Trade of FFV

Part 3: Licences

Part 4: Preventive Control Measures

Part 5: Traceability

Part 6: Commodity-Specific Requirements • Includes 6 divisions: dairy, eggs, processed eggs, fish, FFV and meat

Part 7: Recognition of Foreign Systems

Part 8: Ministerial Exemptions

Part 9: Inspection Legends

Part 10: Packaging • Includes divisions on Standard Container Sizes and Standard of Fill

Part 11: Labelling

Part 12: Grades and Grade Names

Part 13: Seizure and Detention

Part 14: Organic Products

Part 15: Temporary Non-application to certain Food Commodities and Persons

Part 16: Transitional Provisions

Part 17: Consequential Amendments, Repeals and Coming into Force

Part 2: Trade

Part 2 establishes who needs to be licensed and sets

rules around importing, exporting and interprovincially

trading food.

Who will need a licence? Generally speaking, if a person is doing any of the following activities, they would

require a licence:

Manufacturing, processing, treating, preserving, grading, packaging, or

labelling a food that will be exported or moved between provinces

Importing a food

Exporting a food that requires an export certificate

Slaughtering a food animal

Storing and handling a meat product in its imported condition for inspection by

the CFIA

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Part 2: Trade

Licensing would allow the CFIA to:

• Identify Canadian businesses who prepare food for interprovincial

trade or export, or who import food into Canada

• Authorize a person to carry out specified activities

The CFIA will no longer be registering Canadian establishments, but will be issuing licenses to a person in Canada to carry out activities.

• Existing registrations will transition to licenses as they expire

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Part 2: Trade

Canadian businesses who import food would need to:

• Have a license to import

• Have a preventive control plan (in most cases)

• Import food that is manufactured, prepared, stored,

packaged and labelled under conditions that

provide at least the same level of protection as

in Canada.

• Maintain procedures and processes for handling and investigating complaints and recalls

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Part 2: Trade

There are some exemptions to the general trade rules, including the requirement to have a licence.

Some examples are:

Food Additives

Alcohol

Foods intended to be processed for use as grain, oil, pulse,

sugar or beverage (e.g., wheat, canola, lentils, green coffee

beans, etc.)

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Part 2: Trade

Non-resident Importer (NRI)

NRIs are not a new concept; however, the proposed SFCR outlines conditions for the operation of NRIs

A NRI may hold a license to import food into Canada provided

they have a fixed place of business in a foreign country that

has a food safety system that provides at least the same level

of protection as Canada’s

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Part 3: Licensing

The CFIA will no longer be registering establishments, but will be issuing licences to persons to carry out activities.

Part 3 outlines

the requirements for obtaining a licence

the process of issuing, renewing and amending a licence

the grounds for suspension and cancellation and the related

processes

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Part 3: Licensing

The licence would be valid for 2 years.

There will be a cost for a licence – it will be set out in CFIA’s fees notice.

Establishments currently registered would be permitted to continue operating under their current registration until it expires; they would then be required to obtain a licence.

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Part 4: Preventive Control Measures

The majority of the food safety provisions of the proposed SFCR can be found in Part 4: Preventive Control Measures.

The preventive control requirements set a minimum food

safety standard, based on:

Codex General Principles of food Hygiene, and

HACCP principles

Preventive control requirements were written to be outcome based, where possible.

Outcome based requirements allow for flexibility by indicating the desired

outcome, rather than prescribing how to achieve the outcome

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Part 4: Preventive Control Measures

The written Preventive Control Plan (PCP) is a document that outlines

the potential hazards associated with the food and demonstrates how

they will be controlled (consistent with HACCP)

Who will need a preventive control plan?

Generally speaking, a written PCP would be required for: 1) Most license holders whose food is traded inter-provincially

2) Most license holders who import food

3) Most fresh fruit or vegetables growers/harvesters whose fresh fruits and

vegetables are traded inter-provincially

4) All license holders who manufacture, process, treat, preserve, grade, store,

package or label meat or fish for export

5) All license holders who store and handle a meat product in its imported

condition for inspection by the CFIA

6) Food businesses who would like to receive an export certificate from the CFIA

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Part 4: Preventive Control Measures

Preventive control measures for Canadian importers

Canadian importers are responsible for ensuring the foods they import

are safe at the time of import and have been subject to the same

preventive control measures found in Part 4. Businesses will need to

adopt the following principles:

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1. Know their foreign supplier

Are they implementing food manufacturing practices and HACCP principles?

2. Know the food

What are the hazards associated with the food you import?

How will those hazards be managed?

3. Have a plan Do you have a Preventive Control Plan describing the

steps taken to ensure your food is safe and meets Canadian requirements?

Part 4: Preventive Control Measures

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Part 5: Traceability

Part 5 includes

the requirement to trace food one step forward and one

step back

details on the information that must be set out in traceability

documents (clear, readable, kept for two years, accessible in Canada and

provided upon request, but could be kept outside Canada and if electronic,

provided to the CFIA in a format that can be opened and used by standard

commercial software)

how quickly traceability documents must be provided

Retailers (other than restaurants and similar food service operations) will be required to trace food one step back. This brings retailers into the scope of the regulations.

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Part 6: Commodity-specific Requirements

Some commodity-specific requirements were maintained.

There are sections on

dairy

eggs

processed eggs

fish

fresh fruits or vegetables

meat

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Part 7: Recognition of Foreign Systems

Part 7 covers recognition of foreign systems for meat products and shellfish

For meat:

many of the requirements that are currently captured in the Manual of

Procedures will now be reflected in regulation

the requirements have been greatly reduced (in regulation)

For shellfish:

the provisions providing the authority for restriction of shellfish

imports were expanded to better reflect actual practices

For both meat and shellfish:

the requirement that the country/establishment be included on a “list”

continues with the new regulations

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Part 11: Labelling

SFCR Part 11

Regulations

under the

Canada

Agricultural

Products Act

Meat

Inspection

Regulations Food-related

provisions in

the Consumer

Packaging and

Labelling

Regulations Fish

Inspection

Regulations

The labelling requirements

under the Food and Drug

Regulations will stay as

they are.

Generally, the approach to

the labelling was to

consolidate the labelling

requirements from the

current regulations (other

than FDR) and to remove

duplication.

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Part 15: Temporary Non-application to

Certain Food Commodities and Persons

Provides for an extended Coming into Force for commodities not previously subject to CFIA regulation.

Meat, Fish, Eggs,

Processed Egg, Dairy,

Processed Products,

Honey, Maple

Fresh Fruits

and

Vegetables

All Other Foods1

>$30K and

≥5 employees

>$30K and

<5 employees

≤$30K

Licence3 Immediately +2 years + 2 years + 2 years

Traceability Immediately4 + 2 years + 2 years + 2 years

Preventive

Controls3 Immediately + 1 year + 2 years + 3 years + 3 years

Written PCP3 Immediately + 1 year + 2 years + 3 years Not required2

1: “All other foods” means any good other than meat, fish, eggs, processed egg, dairy, processed products, honey, maple, fresh fruits and vegetables. 2: Honey, maple, fresh fruits and vegetables included. 3: Applicable to producers of food for interprovincial trade or for export and to importers. Applicable to exporters who request an export certificate (with no delayed application). 4: +1 year for growers and harvesters of fresh fruit and vegetables

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Part 16: Transitional Provisions

Part 16 provides for a transition of "permissions" issued under the existing commodity-specific regulations into the SFCR. For example: certificates of inspection

ministerial exemptions

accreditation of organic certifying body

certification of an organic product

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Part 17: Consequential Amendments,

Repeals and Coming into Force

Part 17 ensures the following would be repealed when the SFCR come into force:

Regulations made under the Canada Agricultural Products Act

Meat Inspection Regulations

Fish Inspection Regulations

The food requirements of the Consumer Packaging and

Labelling Regulations

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Country Scope Licence or

Registration

Preventive

Controls

Traceability Assistance for Small

Business

Canada

Imported,

exported or

inter-provincially

traded food

Licences for

domestic

businesses

HACCP-

based

Codex-based, “one

step forward, one

back”

Phased-in compliance

Plain language

guidance, templates and

model systems

Written PCP not required

for “micro” businesses

(available to ~21% of

facilities)

US

All FDA-

regulated food,

including feed

Registration

for domestic

and foreign

businesses

HACCP-

based, but

more

prescriptive

(e.g.,

irrigation

water

quality

standards)

Codex-based, but

more documentation is

required for certain

foods

Phased-in compliance

Guidance documents,

templates and tools

“Very small” businesses

not required to document

certain food safety

activities (available to

~45% of facilities)

Aligning with U.S. Requirements

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Country Scope Licence or

Registration

Preventive

Controls

Traceability Approach

Canada

Similar foods

and activities

covered with

differences at

the sub-

national level

Yes Yes Yes Outcome-based

where possible

EU

Yes Yes

Yes, but with

broader scope

(e.g., for

GMOs)

More

prescriptive than

the SFCR

Yes Yes Yes Outcome-based

Australia

& NZ

Aligning with Other Trading Partners

Next Steps

January 2017 – April 2017

• Launch consultation:

April 2017 – Fall/Winter 2017

• Collection and analysis of feedback from CGI consultation

• Work to prepare drafting instructions, as required, to amend

the regulatory text in order for the regulations to be registered

and published in CGII

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Next Steps

Present – CGII Publication

• Guidance development for food businesses

• Operational guidance development for the inspectorate

• Training development for CFIA staff

• Additional communication and compliance promotion planning

and activities

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Questions?

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