Dairy Products Regulations (SOR/79-840)

26.3 Every importer who holds a cheese import licence shall

• (a) maintain the recall program referred to in paragraph 26.2(2)(a);

• (b) maintain and carry out the programs referred to in subparagraphs26.2(2)(c)(ii) and (iii), if the importer has an establishment in Canada for the purpose of the preparation of imported cheese, other than a registered establishment;

• (c) provide to an inspector the certificate of microbiological analysis referred to in subparagraph 26.2(2)(c)(iv) once a year, if the importer has an establishment in Canada for the purpose of the preparation of imported cheese, other than a registered establishment; and

• (d) make available to an inspector evidence that substantiates that each imported cheese meets the requirements set out in these Regulations.

26.4 An importer who holds a cheese import licence shall keep for two years at an address in Canada, in respect of each imported cheese,

• (a) a copy of the import declaration referred to in paragraph 26(1)(f);

• (b) a copy of any evidence in the possession of the importer that substantiates that the cheese meets the requirements set out in these Regulations; and

• (c) a record of

  • (i) the product code for the cheese,

  • (ii) the names, addresses and telephone numbers of the persons to whom the cheese was distributed,

  • (iii) any complaints received about the cheese and how the complaints were handled, and

  • (iv) any recall carried out with respect to the cheese.

• 26.5 (1) The Director may suspend a cheese import licence if

  • (a) the importer has

    • (i) provided false or misleading information to the Director for the purpose of obtaining the cheese import licence,

    • (ii) failed to submit an import declaration as required by paragraph 26.1(1)(a),

    • (iii) provided false information to an inspector in an import declaration required to be submitted by paragraph 26.1(1)(a),

    • (iv) failed to make evidence available as required by paragraph 26.3(d),

    • (v) failed to keep a record in accordance with paragraph 26.4(c), or

    • (vi) otherwise failed to meet the requirements of the Act or these Regulations; or

  • (b) it is reasonable to believe that public health will be endangered if the importer is allowed to continue importing.

• (2) A cheese import licence shall not be suspended under paragraph (1)(a) unless an inspector notifies the importer in writing of the reasons for the suspension and of the date by which the importer must meet the requirements of the Act and these Regulations in order to avoid the suspension or to avoid the cancellation of the licence under section 26.6.

• (3) A suspension of a cheese import licence shall remain in effect

  • (a) until an inspector verifies that the importer meets the requirements of the Act and these Regulations; or

  • (b) if a cancellation procedure has been commenced under section 26.6, until the resolution of the cancellation issue.