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

Regulations are current to 2019-07-01 and last amended on 2019-06-17. Previous Versions

PART 13Organic Products (continued)

DIVISION 8Conformity Verification Bodies and Certification Bodies (continued)

Marginal note:Cancellation

  •  (1) On the recommendation of a conformity verification body, the Minister must cancel an accreditation if the certification body

    • (a) fails to take corrective action within 30 days after the day on which the accreditation was suspended;

    • (b) was not in compliance with section 15 of the Act in respect of the application made under section 360 or at any time during the period of validity of the accreditation; or

    • (c) continues, while their accreditation is suspended, to accept applications for certification, to make determinations under subsection 345(1) or 348(1), to suspend certifications under subsection 349(1) or to cancel certifications under subsection 350(1).

  • Marginal note:Conditions

    (2) The Minister must not cancel a certification unless the certification body was notified in writing of the grounds for the cancellation and was provided with an opportunity to be heard in respect of the cancellation.

  • Marginal note:Written notice

    (3) The Minister must notify the certification body in writing of the cancellation and the date on which it takes effect.

PART 14Seizure and Detention

Marginal note:Detention tag

 An inspector who seizes and detains a thing under section 25 of the Act must apply or attach a detention tag to it which bears the following:

  • (a) the expression “UNDER DETENTION” and the word “RETENU”, in capital letters;

  • (b) the detention tag number;

  • (c) a description of the thing;

  • (d) the reason for the seizure and detention;

  • (e) the date of the seizure and detention; and

  • (f) the inspector’s name and signature.

Marginal note:Prohibition — removal of detention tag

 It is prohibited for a person to remove a detention tag from a thing that has been seized and detained unless authorized to do so by an inspector.

Marginal note:Notice of detention

  •  (1) As soon as feasible after a thing has been seized and detained, an inspector must provide a notice of detention to its owner or to the person having possession, care or control of it at the time of its seizure.

  • Marginal note:Content of notice of detention

    (2) The notice of detention must indicate that the thing was seized and detained under section 25 of the Act and set out

    • (a) the detention tag number;

    • (b) a description of the thing;

    • (c) the reason for the seizure and detention;

    • (d) the date of the seizure and detention;

    • (e) the place of the seizure and detention;

    • (f) the inspector’s name and signature; and

    • (g) a telephone number to call for further information about the seizure and detention.

Marginal note:Storage conditions

 Anything that is seized must be stored by the person to whom the notice of detention is provided, under storage conditions that are appropriate for its preservation and at the person’s expense.

Marginal note:Notice of release

 If a thing is released under section 30 of the Act, an inspector must provide a notice of release to the person to whom the notice of detention was provided.

PART 15Transitional Provisions

Marginal note:18‑month delay

  •  (1) Subsections 5(2) and 7(2), section 11, paragraphs 15(1)(a) and (b), subsections 18(3) and 19(2) and Parts 4 and 5 do not apply, for the 18‑month period that begins on the day on which these Regulations come into force, in respect of foods other than dairy products, eggs, processed egg products, fish, fresh fruits or vegetables, processed fruit or vegetable products, honey, maple products and meat products.

  • Marginal note:Additional delay — four employees or less

    (2) Section 11 and Part 4 do not apply to any person who did not have more than four employees at any one time during the last 12 months of the period referred to in subsection (1) in respect of foods other than dairy products, eggs, processed egg products, fish, fresh fruits or vegetables, processed fruit or vegetable products, honey, maple products and meat products for 12 months after the last day of the period referred to in that subsection.

  • Marginal note:Additional delay — $100,000 or less

    (3) Sections 11 and 45 to 85 do not apply to any person whose gross sales derived from food were $100,000 or less for the last 12 months of the period referred to in subsection (1) in respect of foods other than dairy products, eggs, processed egg products, fish, fresh fruits or vegetables, processed fruit or vegetable products, honey, maple products and meat products for 12 months after the last day of the period referred to in that subsection.

Marginal note:Fresh fruits or vegetables — 12-month delay

 For the 12-month period that begins on the day on which these Regulations come into force, section 11 and Part 4 do not apply in respect of fresh fruits or vegetables and Part 5 does not apply in respect of fresh fruits or vegetables to any person who grows or harvests fresh fruits or vegetables unless the person is the holder of a licence to conduct an activity in respect of those fresh fruits or vegetables.

Marginal note:Aquaculture products — 24-month delay

  •  (1) Part 13 does not apply in respect of aquaculture products — other than seaweed in respect of which a certification has been issued under section 13 of the Organic Products Regulations, 2009 — for the 24-month period that begins on the day on which these Regulations come into force.

  • Marginal note:Exception

    (2) However, during that period, an application referred to in section 344 or 347 may be made in respect of any aquaculture product, including seaweed, and a certification in respect of the aquaculture product may be granted under section 345 or 348. If such a certification is granted, Part 13 applies in respect of any aquaculture product referred to in the certification.

Marginal note:Food commodities deemed to meet applicable requirements

  •  (1) A food commodity that, immediately before the day on which these Regulations come into force, meets the requirements that apply in respect of that food commodity under the Consumer Packaging and Labelling Act, the Fish Inspection Act, the Food and Drugs Act, the Meat Inspection Act and the Canada Agricultural Products Act is deemed, as of the day on which these Regulations come into force, to meet the requirements that apply under these Regulations with respect to the manufacturing, preparing, storing, packaging and labelling of that food commodity if those activities are conducted before that day.

  • Marginal note:Reference to Act

    (2) In paragraph 29(1)(a), subparagraph 30(a)(ii) and paragraph 39(c), a reference to “the Act” must be read to include a reference to any provisions of the Consumer Packaging and Labelling Act that apply in respect of a food, the Fish Inspection Act, the Meat Inspection Act, and the Canada Agricultural Products Act, as they read immediately before the coming into force of these Regulations.

  • Marginal note:Inspection legends

    (3) For the purposes of sections 179 to 183, subsection 184(1), section 185, paragraphs 258(a), 282(1)(a) and 287(1)(a), the following are deemed to be an inspection legend that is set out in Figure 1 or 2 of Schedule 2, for the 36-month period that begins on the day on which these Regulations come into force:

    • (a) in the case of a meat product, an inspection legend set out in Figure 1, 2 or 3 of Schedule III to the Meat Inspection Regulations, 1990, as they read immediately before the coming into force of force of these Regulations, or such an inspection legend without the registration number if it meets the conditions under subsection 93(3) of those Regulations, as they read immediately before the coming into force of force of these Regulations;

    • (b) in the case of a prepackaged processed egg product, the inspection legend set out in Schedule II to the Processed Egg Regulations, as they read immediately before the coming into force of these Regulations; and

    • (c) in the case of prepackaged fish, a mark or label with a designation that is referred to in section 28 of the Fish Inspection Regulations, as they read immediately before the coming into force of these Regulations.

Marginal note:Certificates, authorizations, exemptions, certifications and accreditations

  •  (1) A certificate, authorization, exemption, certification or accreditation that is set out in column 1 of the table to this section and that is valid immediately before the day on which these Regulations come into force is deemed to have been issued or obtained under the provision of the Act or these Regulations that is set out in column 2.

  • Marginal note:Period of validity

    (2) Subject to subsection (3), unless it is suspended or cancelled under these Regulations, the certificate, authorization, exemption, certification or accreditation remains valid until the end of the period for which it was issued or obtained.

  • Marginal note:Period of validity — seaweed

    (3) An organic certification of seaweed granted under section 13 of the Organic Products Regulations, 2009 ceases to be valid on the expiry of the 24-month period that begins on the day on which these Regulations come into force.

  • Marginal note:Suspensions

    (4) A certificate, authorization, exemption, certification or accreditation that was suspended before the day on which these Regulations come into force and that continues to be suspended on that day is deemed to be suspended under these Regulations.

  • Marginal note:Applications for certificates, authorizations, exemptions, certifications or accreditations

    (5) An application for a certificate, authorization, exemption, certification or accreditation that is set out in column 1 of the table to this section that was made before the day on which these Regulations come into force and in respect of which no decision has been made is deemed to be an application made under these Regulations for the certificate, authorization, exemption, certification or accreditation referred to in the provision of the Act or these Regulations that is set out in column 2.

    TABLE

    Column 1Column 2
    ItemCertificates, Authorizations, Exemptions, Certifications and AccreditationsProvisions of the Act or these Regulations
    1Certificate issued under section 24 of the Egg Regulations in respect of eggs for exportSection 48 of the Act
    2Authorization obtained under subsection 29.1(5) of the Meat Inspection Regulations, 1990Subsection 160(3) of these Regulations
    3Exemption obtained under section 2.2 of the Fresh Fruit and Vegetable RegulationsSubsection 174(2) of these Regulations
    4Authorization obtained under subsection 2.3(2) of the Fresh Fruit and Vegetable RegulationsSubsection 174(2) of these Regulations
    5Authorization obtained under subsection 29(4) of the Honey RegulationsSubsection 174(2) of these Regulations
    6Authorization issued under subsection 9.1(5) of the Processed Products RegulationsSubsection 174(2) of these Regulations
    7Exemption obtained under section 59.2 of the Processed Products RegulationsSubsection 174(2) of these Regulations
    8Exemption obtained under section 63 of the Processed Products RegulationsSubsection 174(2) of these Regulations
    9Certification issued under section 13 of the Organic Products Regulations, 2009Section 345 of these Regulations
    10Certification issued under section 15 of the Organic Products Regulations, 2009Section 348 of these Regulations
    11Accreditation issued under section 6 or 8 of the Organic Products Regulations, 2009Section 361 or 363 of these Regulations
 
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