Fish Inspection Regulations (C.R.C., c. 802)

6.01 (1) A person who has imported, exported or processed fish for export and who receives information that questions the safety of fish shall investigate the information.

(2) If the results of the investigation indicate that the fish constitutes a hazard to the public, a person shall notify the Agency within 24 hours.

6.1 (1) The President of the Agency shall issue a fish import licence on receiving an application and the applicant paying the applicable fee fixed by the Canadian Food Inspection Agency Fees Notice unless the President of the Agency has reasonable grounds to believe that the applicant will not comply with the Act or these Regulations.

(1.1) The President of the Agency shall issue a quality management program import licence at the shared level or enhanced level on receiving an application, unless the President of the Agency has reasonable grounds to believe that the applicant will not comply with the Act or these Regulations, and if

• (a) the applicant pays the applicable fee fixed by the Canadian Food Inspection Agency Fees Notice;

• (b) the applicant has a quality management program in respect of the importing of fish; and

• (c) the quality management program meets the applicable requirements set out in the Inspection Manual.

(2) An import licence is not assignable and expires one year after the date of issue indicated on the licence.

(3) An importer of fish shall maintain, at an address in Canada and for not less than three years, a record in English or French of

• (a) the name and address of the person to whom each shipment of fish was shipped from the importer and the date on which the fish was shipped;

• (b) the date and time of all information received that questions the safety of fish imported by the holder of the licence;

• (b.1) if the information is validated on investigation, a description of the information, the date and time it was received, the name, address and telephone number of the informant, the method of investigation and the results obtained, the corrective actions taken and the date and time the Agency was notified in accordance with subsection 6.01(2);

• (c) with respect to canned fish,

  • (i) the name, address and telephone number of the process authority who developed the thermal process used,

  • (ii) the container type, size and specifications, style of pack, species packed and if the thermal process utilized has not been published described in scientific literature recognized by the Minister, the sterilizing value (F₀) of the thermal process,

  • (iii) a statement in writing signed by the representative of the process authority that attests that the thermal process results in the production of commercially sterile and safe fish products;

• (d) with respect to ready-to-eat fish,

  • (i) for a period of one year after the day of the coming into force of these Regulations, evidence of adequate processing, and

  • (ii) after the end of the period referred to in subparagraph (i)

    • (A) the name, address and telephone number of the person who developed the process used,

    • (B) the container type and size, style of pack, the species packed, the type of process, the description of the process,

    • (C) a statement in writing signed by the person who developed the process or that person’s representative that attests that the process results in the production of safe fish products; and

• (e) if the importer is the holder of a quality management program import licence,

  • (i) the name, business address, business telephone number and title of the person responsible for the quality management program for that importer,

  • (ii) the location of all files and records for the quality management program,

  • (iii) a description of the standards, monitoring and inspection procedures, analyses and tests that are used in product evaluations, and the evidence acceptable to an inspector that they meet or are equivalent to those in place in the Agency,

  • (iv) the frequency of monitoring importations of fish and evidence that they meet or are equivalent to those in place in the Agency,

  • (v) samples of the forms that are used during evaluations and of the forms that are used to record corrective actions,

  • (vi) a description of the corrective action plans developed,

  • (vii) for each importation of fish,

    • (A) a description of the fish by species, form of processing, producer, size and type of container and the label,

    • (B) all the evaluations conducted and whether or not the product was acceptable, and

    • (C) any corrective actions taken in respect of product rejections,

  • (viii) in respect of ingredients and additives,

    • (A) all the ingredients and additives that are added to the fish, and

    • (B) documentation that clearly establishes that each ingredient or additive meets all applicable requirements of any Act of Parliament, or the results of any tests done by or for the importer that verify that the ingredient or additive complies with those requirements,

  • (ix) in respect of packaging materials,

    • (A) all the packaging materials used, and

    • (B) documentation that clearly establishes that the packaging materials meet all applicable requirements of any Act of Parliament,

  • (x) in respect of labels used on packaged fish, all the labels from products that are imported, the means by which the importer reviews labels to ensure their compliance, and documentation that clearly establishes that the labels meet all applicable requirements of any Act of Parliament,

  • (xi) in respect of fish shipped by an importer, a description of the system used to trace fish to its first destination, and

  • (xii) in respect of any person responsible for any aspect of the quality management program for the importer, evidence of their training or qualifications in fish or food processing or quality control.

(3.1) Paragraphs (3)(c) and (d) do not apply to fish imported from a country with which Canada has entered into a agreement regarding the import and export of fish if the agreement contains provisions by which Canada

• (a) recognizes that the fish inspection and control systems in place in that country are equivalent to those required by these Regulations in respect of canned and ready to eat fish; and

• (b) has access to all information and records that are equivalent to those required by paragraphs (3)(c) and (d) and that are held by the fish inspection agency in that country.

(3.2) The holder of a quality management import licence shall send to the Agency at least every 6 months a listing of all evaluations conducted on products and the results obtained in a form acceptable to the Agency.

(4) The holder of a quality management program import licence shall

• (a) implement and comply with their quality management program;

• (b) if the licence is issued at the enhanced level, conduct in accordance with their quality management program all of the relevant inspections set out in the table to section 6.5;

• (c) if the licence is issued at the shared level, conduct in accordance with their quality management program all of the relevant inspections set out in items 1 to 5 of the table to section 6.5;

• (d) submit any amendments to their quality management program to an inspector; and

• (e) conduct, as a minimum, an annual review of the quality management program to verify that the program continues to meet the applicable requirements of the Inspection Manual.