Safe Food for Canadians Regulations (SOR/2018-108)

Marginal note:Exception — interprovincial trade, import and export

• 23 (1) The provisions of the Act and these Regulations do not apply in respect of a food that is sent or conveyed from one province to another or that is imported or exported if

  • (a) the food is carried on a conveyance for use by the crew or passengers of that conveyance;

  • (b) the food is intended and used for analysis, evaluation, research or a Canadian or international food exhibition and is part of a shipment that weighs 100 kg or less or, in the case of eggs, is part of a shipment of five or fewer cases that are each intended to contain 30 dozen eggs;

  • (c) the food is not intended or sold for use as food and a label that indicates its intended use and bears the expression “Not for Use as Human Food” or “ne peut servir à l’alimentation humaine” is applied or attached to the food or accompanies it;

  • (d) in the case of a food that is imported, the food

    • (i) is imported from the United States into the Akwesasne Reserve for use by an individual who has established permanent residence on that Reserve, or

    • (ii) is part of an in bond shipment that is sent or conveyed from a foreign state to a cruise ship or military ship in Canada for use by the crew or passengers; or

  • (e) in the case of a food that is sent or conveyed from one province to another, the food is sent or conveyed from one federal penitentiary to another.

• Marginal note:In transit

  (2) For the purposes of subparagraph (1)(d)(i), if the food is part of an in bond shipment that passes only in transit through the United States, the food is not considered to have been imported from the United States.

Marginal note:Exception — in bond shipment

24 The provisions of the Act and these Regulations do not apply in respect of a food that is part of an in bond shipment that is sent or conveyed from one foreign state to another if

• (a) the food is manufactured or prepared in a foreign state; and

• (b) the food passes only in transit through Canada.

Marginal note:Exception — meat products

25 Subparagraph 7(2)(a)(ii), subsection 28(2), paragraph 29(1)(d), subsection 31(2), section 42, paragraph 46(1)(b) and sections 69, 167, 168 and 296 do not apply in respect of

• (a) meat products — other than those set out in column 1 of Part A of Table 2 to Volume 7 of the Standards of Identity Document — that are a mixture of a ready-to-eat meat product and a food other than a meat product, if

  • (i) the ready-to-eat meat product that is contained in the mixture was manufactured, processed, treated, preserved, packaged or labelled in Canada by a licence holder in accordance with the provisions of the Act and these Regulations,

  • (ii) the ready-to-eat meat product that is contained in the mixture is derived from a livestock carcass or poultry carcass that has been graded in Canada by a grader in accordance with these Regulations,

  • (iii) the ready-to-eat meat product that is contained in the mixture has been imported by a licence holder in accordance with the provisions of the Act and these Regulations, or

  • (iv) the mixture is imported and

    • (A) the foreign state in which the mixture is manufactured, prepared, stored, packaged or labelled, as the case may be, has, at the time the activity is conducted, an inspection system for meat products that is recognized under Part 7,

    • (B) the foreign state from which the mixture is imported has, at the time of the import, an inspection system for meat products that is recognized under Part 7,

    • (C) the establishment where the food animal from which the ready-to-eat meat product that is contained in the mixture is derived was slaughtered, and any establishment where that meat product was manufactured, processed, treated, preserved, handled, tested, graded, coded, stored, packaged or labelled, have, at the time that the activity is conducted and at the time of the import, a system for manufacturing, processing, treating, preserving, handling, testing, grading, coding, slaughtering, storing, packaging or labelling, as the case may be, that is recognized under Part 7, and

    • (D) the holder of the licence to import provides an inspector with an official document issued by the foreign state, in a form approved by the President, that states that the ready-to-eat meat product that is contained in the mixture meets the requirements that are set out in the Act and these Regulations; and

• (b) broth, lard, leaf lard, tallow or other rendered fat, suet, shortening, flavour or extract if

  • (i) the meat product from which the broth, lard, leaf lard, tallow or other rendered fat, suet, shortening, flavour or extract is derived was manufactured, processed, treated, preserved, packaged or labelled in Canada by a licence holder in accordance with the provisions of the Act and these Regulations,

  • (ii) the meat product from which the broth, lard, leaf lard, tallow or other rendered fat, suet, shortening, flavour or extract is derived is a livestock carcass or a poultry carcass that has been graded in Canada by a grader in accordance with these Regulations,

  • (iii) the meat product from which the broth, lard, leaf lard, tallow or other rendered fat, suet, shortening, flavour or extract is derived has been imported by a licence holder in accordance with the provisions of the Act and these Regulations, or

  • (iv) the broth, lard, leaf lard, tallow or other rendered fat, suet, shortening, flavour or extract is imported and

    • (A) the foreign state in which the broth, lard, leaf lard, tallow or other rendered fat, suet, shortening, flavour or extract is manufactured, prepared, stored, packaged or labelled, as the case may be, has, at the time the activity is conducted, an inspection system for meat products that is recognized under Part 7,

    • (B) the foreign state from which the broth, lard, leaf lard, tallow or other rendered fat, suet, shortening, flavour or extract is imported has, at the time of the import, an inspection system for meat products that is recognized under Part 7,

    • (C) the establishment where the food animal from which the meat product from which the broth, lard, leaf lard, tallow or other rendered fat, suet, shortening, flavour or extract is derived was slaughtered, and any establishment where the meat product was manufactured, processed, treated, preserved, handled, tested, graded, coded, stored, packaged or labelled, have, at the time that the activity is conducted and at the time of the import, a system for manufacturing, processing, treating, preserving, handling, testing, grading, coding, slaughtering, storing, packaging or labelling, as the case may be, that is recognized under Part 7, and

    • (D) the holder of the licence to import keeps a document that substantiates that the conditions set out in clauses (A) to (C) are met.

PART 3Licences

DIVISION 1General

Marginal note:Paragraph 20(1)(a) of Act — import

• 26 (1) For the purpose of issuing a licence to import under paragraph 20(1)(a) of the Act, any food is a prescribed food commodity.

• Marginal note:Paragraph 20(1)(a) of Act — export

  (2) For the purpose of issuing a licence to export under paragraph 20(1)(a) of the Act, any of the following is a prescribed food commodity:

  • (a) any food;

  • (b) any food commodity referred to in paragraph 17(2)(b); and

  • (c) any food commodity referred to in subsection 17(3).

Marginal note:Paragraph 20(1)(b) of Act — import

• 27 (1) For the purpose of issuing a licence under paragraph 20(1)(b) of the Act, any food is a prescribed food commodity that has been imported, and the storing and handling of a food in its imported condition for the purpose of the exercise of an inspector’s powers under the Act are prescribed activities in respect of that prescribed food commodity.

• Marginal note:Paragraph 20(1)(b) of Act — interprovincial trade

  (2) For the purpose of issuing a licence under paragraph 20(1)(b) of the Act, any food and any food animal are the prescribed food commodities that are to be sent or conveyed from one province to another, and the following activities are prescribed activities in respect of those prescribed food commodities:

  • (a) in the case of a food, manufacturing, processing, treating, preserving, grading, storing, packaging and labelling; and

  • (b) in the case of a food animal, slaughtering.

• Marginal note:Paragraph 20(1)(b) of Act — export

  (3) For the purpose of issuing a licence under paragraph 20(1)(b) of the Act, any food, any food animal, any food commodity referred to in paragraph 17(2)(b) and any food commodity referred to in subsection 17(3) are prescribed food commodities that are to be exported, and the following activities are prescribed activities in respect of those prescribed food commodities:

  • (a) in the case of a food, a food commodity referred to in paragraph 17(2)(b) and a food commodity referred to in subsection 17(3), manufacturing, processing, treating, preserving, grading, storing, packaging and labelling; and

  • (b) in the case of a food animal, slaughtering.

Marginal note:Application for issuance, renewal or amendment

• 28 (1) An application for the issuance, renewal or amendment of a licence must be made to the Minister in a form approved by the President.

• Marginal note:Application — food animals and meat products

  (2) An application for the issuance, renewal or amendment of a licence to slaughter a food animal, to manufacture, process, treat, preserve, grade, package or label a meat product or to store and handle an edible meat product in its imported condition must include at least one proposed work shift for each establishment where the activity is conducted.

• Marginal note:Work shift

  (3) A work shift must be

  • (a) in the case of slaughtering, a work shift during which no inspection station referred to in subsection 41(1) is operated for more than 7.5 hours in one day and 37.5 hours in one work week, excluding meal times; and

  • (b) in the case of manufacturing, processing, treating, preserving, grading, packaging or labelling a meat product or storing and handling an edible meat product in its imported condition, a work shift during which those activities are conducted

    • (i) for not more than 7.5 hours in one day and 37.5 hours in one work week, excluding meal times, or

    • (ii) between 6:00 a.m. and 6:00 p.m.

Marginal note:Conditions — issuance, renewal or amendment

• 29 (1) The Minister may issue, renew or amend a licence if

  • (a) in the case of an application for the issuance of a licence, the applicant is not in default of payment of any fee related to the Act that is fixed under the Canadian Food Inspection Agency Act;

  • (b) the applicant, whether or not they are a licence holder conducting the activity in respect of which the application for the issuance, renewal or amendment of the licence is made,

    • (i) in the case of a licence in respect of a food, meets the applicable requirements of Part 4, and

    • (ii) in the case of a licence in respect of a food commodity referred to in paragraph 17(2)(b) or subsection 17(3), meets the applicable requirements of Part 4 — other than Division 3 — as if the food commodity were a food;

  • (c) in the case of an application for the issuance, renewal or amendment of a licence to import, the applicant carries on business related to the food in respect of which the application is made from a fixed place of business that is in

    • (i) Canada, or

    • (ii) a foreign state that has an inspection system described in subparagraph 12(1)(a)(i) or a food safety system described in subparagraph 12(1)(a)(ii);

  • (d) in the case of an application for the issuance, renewal or amendment of a licence to slaughter a food animal, to manufacture, process, treat, preserve, grade, package or label a meat product or to store and handle an edible meat product in its imported condition, a work shift has been approved by the President for each establishment where the activity is conducted;

  • (e) the information submitted in the application is complete, truthful and not misleading; and

  • (f) the Minister is of the opinion, on the basis of the information that was made available to him or her, that the conduct of the activity in respect of which the application for the issuance, renewal or amendment of the licence is made does not present a risk of injury to human health.

• Marginal note:Renewal of suspended licence

  (2) Despite paragraph (1)(b), the Minister may renew a suspended licence if the requirements of subsection (1), other than any requirements whose contravention forms the grounds of the suspension, are met. However, the suspension of the licence remains in effect.

Marginal note:Refusal — issuance, renewal or amendment

30 The Minister may refuse to issue, renew or amend a licence if

• (a) in the five years before the day on which the application is made, the applicant or any of their directors or officers

  • (i) have had a licence suspended or cancelled, or

  • (ii) have been convicted of an offence under the Act or the Food and Drugs Act; or

• (b) in the case of an application for the renewal or amendment of a licence, the applicant is in default of payment of any fee related to the licence that is fixed under the Canadian Food Inspection Agency Act.