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

Regulations are current to 2019-11-19 and last amended on 2019-06-17. Previous Versions

PART 7Recognition of Foreign Systems (continued)

Marginal note:Suspension of recognition — inspection system

  •  (1) The Minister must suspend the recognition of a foreign state’s inspection system that is referred to in section 170 if

    • (a) the foreign state fails to notify the Minister in writing, as soon as feasible, of any changes that it has made to the system or to the legislation governing the system; or

    • (b) the system no longer provides at least the same level of protection as that provided by the provisions of the Act and these Regulations.

  • Marginal note:Suspension of recognition — system used in establishment

    (2) The Minister must suspend the recognition of a system of manufacturing, processing, treating, preserving, handling, testing, grading, coding, slaughtering, storing, packaging or labelling that is referred to in section 171 if

    • (a) the system no longer meets the foreign state’s requirements that apply to those activities;

    • (b) a shipment of meat products that have been manufactured, processed, treated, preserved, handled, tested, graded, coded, stored, packaged or labelled using the system is determined to contravene a provision of the Act, these Regulations, the Food and Drugs Act or the Food and Drug Regulations, and

      • (i) during the six-month period immediately prior to that shipment, there have been two other shipments of meat products that have been manufactured, processed, treated, preserved, handled, tested, graded, coded, stored, packaged or labelled using the system in respect of which such a determination of non-compliance has been made, or

      • (ii) among the four most recent shipments, prior to that shipment, of meat products that have been manufactured, processed, treated, preserved, handled, tested, graded, coded, stored, packaged or labelled using the system, two shipments have been determined to be non-compliant;

    • (c) the system is no longer subject to the foreign state’s inspection system; or

    • (d) the recognition of the foreign state’s inspection system to which the system is subject has been suspended.

  • Marginal note:Notice

    (3) The Minister must notify the foreign state in writing of the suspension under subsection (1) or (2), the grounds for the suspension and the date on which it takes effect.

  • Marginal note:Effective date

    (4) The suspension takes effect on the day on which the notice is issued.

  • Marginal note:Reinstatement of recognition

    (5) The Minister must notify the foreign state in writing that the recognition is no longer suspended if

    • (a) in the case of a suspension under subsection (1) or under paragraph (2)(a), (c) or (d), the circumstances that gave rise to a suspension have been remedied; or

    • (b) in the case of a suspension under paragraph (2)(b), the establishment has taken corrective action.

Marginal note:Cancellation of recognition — inspection system

  •  (1) The Minister must cancel the recognition of a foreign state’s inspection system referred to in section 170 if

    • (a) no meat products or live or raw shellfish to which the system applies have been exported to Canada from the foreign state in the previous five years;

    • (b) the circumstances that gave rise to a suspension have not been remedied within 12 months after the day on which the recognition was suspended; or

    • (c) the foreign state requests the cancellation in writing.

  • Marginal note:Cancellation of recognition — system used in establishment

    (2) The Minister must cancel the recognition of a system of manufacturing, processing, treating, preserving, handling, testing, grading, coding, slaughtering, storing, packaging or labelling referred to in section 171 if

    • (a) the recognition of the inspection system to which it is subject has been cancelled;

    • (b) no meat products that were manufactured, processed, treated, preserved, handled, tested, graded, coded, stored, packaged or labelled using the system have been exported to Canada from the foreign state in the previous five years;

    • (c) circumstances that gave rise to a suspension have not been remedied within 12 months after the day on which the recognition was suspended; or

    • (d) the foreign state in which the establishment is located requests the cancellation in writing.

  • Marginal note:Notice

    (3) The Minister must notify the foreign state in writing of the cancellation under subsection (1) or (2), the grounds for the cancellation and the date on which it takes effect.

  • Marginal note:Effective date

    (4) The cancellation takes effect on the day on which the notice is issued.

PART 8Ministerial Exemptions

Marginal note:Application for exemption — test marketing or shortage in supply

  •  (1) Any person may apply, in a form approved by the President, for an exemption from the application of a provision of the Act or these Regulations for the purpose of test marketing a food or of alleviating a shortage in Canada in the available supply of a food that is manufactured, processed or produced in Canada.

  • Marginal note:Exemption

    (2) The Minister may, in writing, grant the exemption if

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

    • (b) the food in respect of which the application for the exemption is made meets the requirements that are set out in paragraphs 8(1)(a) to (d);

    • (c) the Minister is of the opinion that no risk of injury to human health will result;

    • (d) in the case of an application for an exemption for the purpose of test marketing a food, the Minister is of the opinion that the exemption will not

      • (i) confuse or mislead the public, or

      • (ii) disrupt the normal trading patterns of the industry or the normal food pricing patterns; and

    • (e) in the case of an application for an exemption for the purpose of alleviating a shortage in Canada in the available supply of a food that is manufactured, processed or produced in Canada, the exemption is necessary to alleviate that shortage.

Marginal note:Application for exemption — inspection legend

  •  (1) The holder of a licence to slaughter food animals and to process meat products may apply, in a form approved by the President, for an exemption from the application of section 151 in respect of a carcass or carcass side.

  • Marginal note:Exemption

    (2) The Minister may, in writing, grant the exemption if

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

    • (b) the licence holder has established procedures

      • (i) for processing the carcass or carcass side within the establishment where the food animal was slaughtered, and

      • (ii) for identifying the carcass or carcass side to allow it to be linked with any edible meat products derived from it and for the keeping of documents to allow for this linkage;

    • (c) the Minister is of the opinion that no risk of injury to human health will result; and

    • (d) the Minister is of the opinion that no risk of harm to interprovincial trade or export will result.

  • Marginal note:Conditions

    (3) The exemption granted under subsection (2) is subject to the following conditions:

    • (a) the carcass or carcass side must be processed within the establishment where the food animal was slaughtered; and

    • (b) the carcass or carcass side must be identified to allow it to be linked with any edible meat products derived from it and documents must be kept to allow for this linkage.

Marginal note:Additional conditions

 The Minister may, at any time, make any exemption referred to in subsection 174(2) or 175(2) subject to conditions.

Marginal note:Period of validity

 An exemption referred to in subsection 174(2) or 175(2) is valid until the expiry date that is specified in the exemption or, if no date is specified, until the end of the period that is two years after the day on which the exemption is granted.

 
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