The Proposed Safe Food for Canadians Regulations. Clarice Lulai Angi. Konferencija o sigurnosti I kvaliteti hrane Opatija, Croatia May 2017

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1 The Proposed Safe Food for Canadians Regulations Clarice Lulai Angi Konferencija o sigurnosti I kvaliteti hrane Opatija, Croatia May Her Majesty the Queen in Right of Canada (Canadian Food Inspection Agency), all rights reserved. Use without permission is prohibited.

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3 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) 3

4 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: 4

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6 The Proposed SFCR Consolidating Regulations 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,

7 Benefits of the SFCA and the SFCR CFIA Consumers Food Businesses 7

8 Benefits of the SFCA and the SFCR CFIA Modernized, consistent rules will enable the Agency to: better identify food safety risks in order to target audits and inspections Consumers Food Businesses 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. 8

9 Benefits of the SFCA and the SFCR CFIA Canadians will be better protected from unsafe food through the: introduction of stronger authorities to prevent tampering Consumers implementation of updated food safety control systems that align with internationally recognized standards enhancement of controls over imported food commodities Food Businesses improvement of the recall system foods will be traced and removed unsafe food from store shelves more efficiently 9

10 Benefits of the SFCA and the SFCR CFIA Promote competitiveness More consistent regulatory requirements Reduce unnecessary administrative burden and foster a level playing field Consumers Enable innovation through outcome-based provisions Enhance Market Access CFIA certification of foods for export Food Businesses 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 10

11 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 The CFIA consulted industry and other stakeholders at two major food safety forums The CFIA held targeted consultations with micro and small businesses to inform options for reducing burden and supporting compliance. Saturday January 21 st, 2017 Proposed regulations pre-published in Canada Gazette, Part I Comment period ended April 21, 2017

12 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 intraprovincially traded foods. 12

13 Structure and Content 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 13

14 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 14

15 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 15

16 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 16

17 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.) 17

18 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 18

19 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 19

20 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. 20

21 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 21

22 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 22

23 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: 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? 23

24 Part 4: Preventive Control Measures 24

25 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. 25

26 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 26

27 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 27

28 Part 11: Labelling Regulations under the Canada Agricultural Products Act Food-related provisions in the Consumer Packaging and Labelling Regulations Meat Inspection 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. SFCR Part 11 28

29 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 >$30K and 5 employees All Other Foods 1 >$30K and <5 employees $30K Licence 3 Immediately +2 years + 2 years + 2 years Traceability Immediately years + 2 years + 2 years Preventive Controls 3 Immediately + 1 year + 2 years + 3 years + 3 years Written PCP 3 Immediately + 1 year + 2 years + 3 years Not required 2 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 29

30 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 30

31 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 31

32 Aligning with U.S. Requirements Country Scope Licence or Registration Preventive Controls Traceability Assistance for Small Business Canada Phased-in compliance Imported, exported or inter-provincially traded food Licences for domestic businesses HACCPbased Codex-based, one step forward, one back Plain language guidance, templates and model systems Written PCP not required for micro businesses (available to ~21% of facilities) US All FDAregulated food, including feed Registration for domestic and foreign businesses HACCPbased, 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) 32

33 Aligning with Other Trading Partners Country Scope Licence or Registration Canada EU Australia & NZ Similar foods and activities covered with differences at the subnational level Preventive Controls Traceability Yes Yes Yes Yes Yes Yes, but with broader scope (e.g., for GMOs) Approach Outcome-based where possible More prescriptive than the SFCR Yes Yes Yes Outcome-based 33

34 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 34

35 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 35

36 Questions? 36