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

Regulations are current to 2019-06-20 and last amended on 2019-06-17. Previous Versions

PART 2Trade (continued)

Marginal note:Import information

  •  (1) Any person who imports a food must provide to the Minister, in a form approved by the President, the following information:

    • (a) their name and address and, if they hold a licence to import, the number of that licence;

    • (b) the name and address of the person from whom the food is received;

    • (c) the name of the foreign state of origin;

    • (d) the address of the first destination of the food in Canada;

    • (e) a description of the food, including its common name and quantity;

    • (f) any information relating to the safety of the food that the Minister believes is required in order to respond to a risk of injury to human health; and

    • (g) in the case of live or raw shellfish other than the adductor muscles of scallops or the meat of geoducks, with respect to the establishment at which the shellfish was last manufactured, prepared, stored, packaged or labelled prior to its importation, the establishment’s registration number, or another identification number for the establishment, that is provided by the foreign state.

  • Marginal note:Provision of import information

    (2) The information referred to in subsection (1), and any documents required by sections 96 and 104 and paragraph 167(d), must be provided before or at the time of the import.

  • Marginal note:Exception

    (3) Despite subsection (2), in the case of a food other than a meat product, the Minister may authorize the person who imports the food, at their written request, to provide the information after the time of import, at the time specified by the Minister.

  • Marginal note:Meat products

    (4) For the purposes of subsection (3), the foods set out in paragraphs 25(a) and (b) are not considered to be meat products.

Marginal note:Import — further inspection

  •  (1) If, during an inspection that is conducted at the time of the import, the inspector determines that a further inspection is required,

    • (a) in the case of an edible meat product,

      • (i) the meat product must be immediately delivered, by the licence holder who imports it, to an establishment where it must be stored and handled in its imported condition by a licence holder and must be kept in that establishment until the further inspection is completed, and

      • (ii) the licence holder who imports the meat product must provide the address of the establishment referred to in subparagraph (i) to the inspector if it is different from the address referred to in paragraph 13(1)(d); and

    • (b) in the case of a food other than an edible meat product, the food must be kept, by the person who imports it, at the address referred to in paragraph 13(1)(d) until the further inspection is completed.

  • Marginal note:Meat products

    (2) For the purposes of subsection (1), the foods set out in paragraphs 25(a) and (b) are not considered to be meat products.

Marginal note:Interprovincial trade and export

  •  (1) Any food that is sent or conveyed from one province to another or that is exported must meet the following requirements:

    • (a) if the food is manufactured, processed, treated, preserved, graded, packaged or labelled in Canada, that activity must be conducted by a licence holder in accordance with the provisions of the Act and these Regulations, unless that activity is

      • (i) the packaging and labelling of fresh fruits or vegetables in the field by the person who grows or harvests them if they are to be sent or conveyed from one province to another to be subsequently manufactured, processed, treated, preserved or graded by a licence holder,

      • (ii) the packaging and labelling of a food that is set out in Schedule 1 and that is unprocessed and intended to be manufactured, processed or treated for use as a grain, oil, pulse, sugar or beverage, if, at the time that the food is sent or conveyed from one province to another or exported, it is not a consumer prepackaged food and it has a label applied or attached to it, or accompanying it, that bears the expression “For Further Preparation Only” or “pour conditionnement ultérieur seulement”, or

      • (iii) the grading of a livestock carcass or a poultry carcass;

    • (b) if the food, other than a food referred to in paragraph 11(2)(c), has been imported, it must have been imported by a licence holder in accordance with the provisions of the Act and these Regulations; and

    • (c) if the food is a meat product and if

      • (i) any meat product that it contains was manufactured, processed, treated, preserved, packaged or labelled in Canada, that activity must have been conducted by a licence holder in accordance with the provisions of the Act and these Regulations,

      • (ii) any meat product that it contains has been derived from a livestock carcass or a poultry carcass that has been graded in Canada, it must have been graded by a grader in accordance with these Regulations,

      • (iii) any meat product that it contains has been imported, that meat product must have been imported by a licence holder in accordance with the provisions of the Act and these Regulations, and

      • (iv) any meat that it contains is derived from food animals that were slaughtered in Canada, the food animals must have been slaughtered by a licence holder in accordance with the provisions of the Act and these Regulations.

  • Marginal note:Exception

    (2) Subsection (1) does not apply in respect of the foods referred to in paragraphs 11(2)(a) and (b).

Marginal note:Exception — export of non-compliant food

  •  (1) Any person may export a food that does not meet the requirements of these Regulations, other than a requirement of paragraph 8(1)(c) or (d) or subsection 15(1), if a label applied or attached to the food bears the word “Export” or “exportation” and

    • (a) if the foreign state to which the food is exported has a different requirement on the same matter as the unmet requirement, the person prepares a document that substantiates that the foreign state’s requirement has been met; or

    • (b) if the foreign state to which the food is exported has no requirement on the same matter as the unmet requirement,

      • (i) the unmet requirement must be a requirement set out in any of subsection 9(1), sections 10, 188 to 192, 195, 197, 201,210, 244 to 249, 253 and 255, subsection 257(2), paragraphs 258(c) and (d), sections 262, 264, 265, 267, 268, 272, 273, 275 and 280, paragraph 286(a), sections 288, 292 to 295, 306 to 308, 312, 313, 316, 322, 324 to 327, 329 and 331, and

      • (ii) the person prepares a document that sets out the specifications for the unmet requirement as stipulated by the person in the foreign state for whom the exported food is intended.

  • Marginal note:Retention period — documents

    (2) The documents referred to in paragraph (1)(a) and subparagraph (1)(b)(ii) must be kept for two years after the day on which the food is exported.

  • Marginal note:Additional requirements — meat products

    (3) In the case of the export of a meat product under subsection (1), the requirements of paragraphs 168(1)(a) and (b) must also be met.

Marginal note:Application for export certificate

  •  (1) An application for the issuance of a certificate or other document referred to in section 48 of the Act must be made to the Minister in a form approved by the President.

  • Marginal note:Conditions for issuance

    (2) The Minister may issue a certificate or other document referred to in section 48 of the Act in respect of a food commodity that is intended for commercial use if the applicant holds a licence to export the food commodity and

    • (a) in the case of a food, the manufacturing, preparing, storing, packaging and labelling of the food meets the applicable requirements of Part 4;

    • (b) in the case of a food commodity referred to in paragraph (b) of the definition food commodity in section 2 of the Act, other than an animal, for which a competent authority of a foreign state requires a certificate or other document referred to in section 48 of the Act for its import into that foreign state for the purpose of human consumption, the manufacturing, preparing, storing, packaging and labelling of the food commodity meets the applicable requirements of Part 4 — other than Division 3 — as if it were a food; or

    • (c) in the case of a food commodity referred to in subsection (3), the manufacturing, preparing, storing, packaging and labelling of the food commodity meets the applicable requirements of Part 4 — other than Division 3 — as if it were a food.

  • Marginal note:Definition of food commodity in Act

    (3) For the purposes of paragraph (c) of the definition food commodity in section 2 of the Act, any commodity that is derived from an animal or plant, or any of its parts, is a prescribed food commodity if

    • (a) that commodity is not included in paragraph (a) or (b) of that definition; and

    • (b) a competent authority of a foreign state requires a certificate or other document referred to in section 48 of the Act in order for that commodity to be imported into that foreign state for the purpose of human consumption.

  • Marginal note:Exemption

    (4) The prescribed food commodity referred to in subsection (3) is exempted from the application of any provision of the Act and these Regulations that is not necessary to give effect to this section. For greater certainty, the exemption does not include section 6 of the Act.

  • Marginal note:Inspection before export

    (5) The Minister may require that an inspection be conducted of any food commodity in respect of which a person has applied for a certificate or other document referred to in section 48 of the Act, for the purpose of deciding whether to issue the certificate or other document.

  • Marginal note:Inspection — accessibility

    (6) If an inspection of a food commodity is required, the applicant must make the food commodity readily accessible to an inspector at the time of inspection.

 
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