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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:Non-compliant food

  •  (1) Any person may send or convey from one province to another or import a food that does not meet the requirements of the Act or these Regulations — other than section 189 as that section relates to fresh fruits or vegetables, processed fruit or vegetable products or honey, sections 190 to 193, section 306 as that section relates to fresh fruits or vegetables or processed fruit or vegetable products and Volume 4 of the Standards of Identity Document — if

    • (a) a label that bears the expression “For Further Preparation Only” or “pour conditionnement ultérieur seulement” is applied or attached to the food or accompanies it;

    • (b) subject to subsection 8(2), the food is manufactured, processed, treated, preserved, graded, packaged or labelled so that it meets the requirements that are set out in the Act and these Regulations within

      • (i) three months after the day on which the food is sent or conveyed from one province to another or is imported, or

      • (ii) any longer period that is specified by the Minister at the person’s written request; and

    • (c) in the case of import, the food is not a meat product.

  • Marginal note:Exception

    (2) Paragraph (1)(a) does not apply in respect of

    • (a) a beef carcass, or a carcass side, hind quarter, front quarter, primal cut or sub-primal cut of a beef carcass, that meets the requirements that are set out in paragraph 306(2)(f);

    • (b) a processed fruit or vegetable product that is labelled under paragraph 306(3)(a); or

    • (c) honey that is labelled under paragraph 306(3)(b).

  • Marginal note:Licence holder

    (3) The activities referred to in paragraph (1)(b), other than the grading of a livestock carcass or a poultry carcass, must be conducted by a licence holder.

Marginal note:Exception — import for export

  •  (1) Any person may import a food that does not meet the requirements of the Act or these Regulations — other than section 189 as that section relates to fresh fruits or vegetables, processed fruit or vegetable products or honey, sections 190 to 193, section 306 as that section relates to fresh fruits or vegetables or processed fruit or vegetable products, Part 13 and Volume 4 of the Standards of Identity Document — if

    • (a) a label that bears the expression “Imported for Export” or “importé pour l’exportation” is applied or attached to the food or accompanies it; and

    • (b) the food is intended to be manufactured, processed, treated, preserved, graded, packaged or labelled for the purpose of exporting it.

  • Marginal note:Licence holder

    (2) The activities referred to in paragraph (1)(b), other than the grading of a livestock carcass or a poultry carcass, must be conducted by a licence holder.

Marginal note:Exception — person who conveys

  •  (1) Subject to subsection (2), the provisions of the Act and these Regulations do not apply to any person who conveys a food commodity if their sole concern, in respect of the food commodity, is its conveyance.

  • Marginal note:Exception

    (2) Sections 122 and 123 and subsection 359(3), and any provisions of the Act and these Regulations that are necessary to give effect to them, apply to the person referred to in subsection (1).

Marginal note:Personal use

 For the purposes of section 19 of the Act, the sending or conveying from one province to another, or the import or export, of a food is considered to be an activity carried out solely for personal use if the food is not intended for commercial use and if

  • (a) it is sent or conveyed, imported or exported by an individual, otherwise than in the course of business, and is part of a shipment of food in a quantity that is not more than the quantity set out in the document entitled Maximum Quantity Limits for Personal Use Exemption, prepared by the Agency and published on its website, as amended from time to time; or

  • (b) it is imported or exported and is part of the personal effects of an immigrant or emigrant.

Marginal note:Exception — return to Canada of exported food

  •  (1) The requirements of the Act and these Regulations in relation to import do not apply in respect of a food that is imported after having been exported from Canada if the food is in its exported condition and if

    • (a) in the case of a food other than an edible meat product, the food is sent back to

      • (i) the person who exported it from Canada, if that person holds a licence to export, or

      • (ii) the person who was last in possession of it before its export, from among the persons who manufactured, processed, treated, preserved, graded, packaged or labelled it; and

    • (b) in the case of an edible meat product, the import is authorized by an inspector and the meat product is immediately delivered to an establishment where it is stored and handled in its imported condition by a licence holder and kept in that establishment until an inspector has completed an inspection of the product.

  • 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:Exception — interprovincial trade, import and export

  •  (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

 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

 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.

 
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