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

Marginal note:Establishment

• 31 (1) A licence holder must conduct the activities that are identified in their licence, other than importing and exporting, in the establishment that is identified in the licence for the activities.

• Marginal note:Work shift

  (2) Subject to subsection (3) and unless otherwise authorized by an inspector, the activities that are conducted in respect of a food animal or meat product must be conducted during a work shift approved by the President and during which inspection services are provided in accordance with Division 2.

• Marginal note:Exception — ante-mortem examination

  (3) In the case of the slaughtering of a food animal, the ante-mortem examination may be conducted outside a work shift.

Marginal note:Amendment of licence — inability to conduct activity

• 32 (1) If a licence holder is unable to conduct an activity that is identified in their licence in one of the establishments that are identified in the licence, the Minister may amend the licence to remove the authorization to conduct that activity in that establishment.

• Marginal note:Written notice

  (2) The Minister must notify the licence holder in writing of the amendment and the date on which it takes effect.

Marginal note:Expiry

• 33 (1) A licence expires two years after the date of issuance or renewal that is specified in it, unless the licence is cancelled before that date.

• Marginal note:Expiry — amendment

  (2) If the Minister amends a licence, its expiry date remains unchanged.

Marginal note:Invalidity

34 A licence becomes invalid if the licence holder surrenders the licence to the Minister and it is not subject to a cancellation procedure.

Marginal note:Grounds for suspension

35 The Minister may suspend a licence if

• (a) the licence holder does not comply with any provision of the Act, other than section 15, or with any provision of these Regulations, the Food and Drugs Act or the Food and Drug Regulations;

• (b) the licence holder is in default of payment of any fee related to the licence that is fixed under the Canadian Food Inspection Agency Act; or

• (c) the Minister is of the opinion that a risk of injury to human health may result if the licence holder continues to conduct an activity that is identified in the licence.

Marginal note:Suspension

• 36 (1) The Minister must not suspend a licence unless the licence holder

  • (a) was provided with a written report that sets out the grounds for the suspension and the period within which corrective action must be taken in order to avoid the suspension; and

  • (b) failed to take corrective action within that period.

• Marginal note:Written notice

  (2) The Minister must notify the licence holder in writing of the suspension and the date on which it takes effect.

Marginal note:Risk of injury to human health

• 37 (1) Despite section 36, if the Minister is of the opinion that a risk of injury to human health may result if the licence holder continues to conduct an activity that is identified in the licence, the Minister may suspend the licence immediately after the licence holder is provided with a written report that sets out the grounds for the suspension.

• Marginal note:Written notice

  (2) The Minister must notify the licence holder in writing that their licence is suspended and that the suspension takes effect immediately.

Marginal note:Duration of suspension

38 The suspension of a licence must be lifted if the Minister determines that corrective action has been taken.

Marginal note:Grounds for cancellation

39 The Minister may cancel a licence if

• (a) the licence holder fails to take corrective action within 90 days after the day on which the licence was suspended, unless a longer period is granted by the Minister at the written request of the licence holder;

• (b) the licence holder continues to conduct an activity that is identified in their licence while the licence is suspended;

• (c) the licence holder or any of their directors or officers has been convicted of an offence under the Act or the Food and Drugs Act;

• (d) the licence holder does not comply with any provision of the Act, other than section 15, or with any provision of these Regulations, the Food and Drugs Act or the Food and Drug Regulations and, since its issuance or renewal, the licence

  • (i) has already been suspended for non-compliance with that provision, or

  • (ii) has already been suspended twice; or

• (e) the licence holder was not in compliance with section 15 of the Act in respect of their application for the issuance, renewal or amendment of the licence or at any time during the period of validity of the licence.

Marginal note:Cancellation

• 40 (1) The Minister must not cancel a licence unless the licence holder was notified of the grounds for cancellation and was provided with an opportunity to be heard in respect of the cancellation.

• Marginal note:Written notice

  (2) The Minister must notify the licence holder in writing of the cancellation and the date on which it takes effect.

DIVISION 2Inspection Services — Food Animals and Meat Products

Marginal note:Inspection stations — slaughtering

• 41 (1) The Minister must determine the number of inspection stations that are required annually during each work shift that has been approved by the President, for each establishment where food animals are slaughtered by a licence holder, taking into account the following factors:

  • (a) the animal species that are slaughtered;

  • (b) the method of carcass examination or inspection that is used;

  • (c) the speed of the slaughter line; and

  • (d) the volume of production.

• Marginal note:Fixed or unfixed locations

  (2) The Minister must determine whether inspection services at an inspection station are to be provided at a fixed or unfixed location in the establishment and, in the case of a fixed location, must specify the location in the establishment.

• Marginal note:Additional inspection stations

  (3) The Minister may authorize one or more additional inspection stations for a work shift, on an annual or hourly basis, taking into account the factors set out in subsection (1), if the licence holder submits a written request to the Minister and an inspector is available.

Marginal note:Minimum hours of inspection — meat products

42 The Minister must determine the minimum number of hours of inspection that are required per year during each work shift that has been approved by the President, for each establishment where a meat product is manufactured, processed, treated, preserved, graded, packaged or labelled, or where an edible meat product is stored and handled in its imported condition, by a licence holder, taking into account the following factors:

• (a) the nature and complexity of the activities that are conducted by the licence holder in the establishment;

• (b) the size of the establishment, the layout of equipment and the type of equipment and technology that are used;

• (c) the range of meat products and the volume of production;

• (d) work scheduling practices; and

• (e) the inspection records in respect of the establishment and the activities that are conducted by the licence holder in the establishment and, if available, any inspection records in respect of comparable establishments where the same activities are conducted.

Marginal note:Inspection services outside work shifts

43 Inspection services may be provided during a period other than a work shift if a licence holder submits a written request to the Minister and an inspector is available.

Marginal note:Notice

• 44 (1) A licence holder must notify the Minister in writing of any change that affects any of the factors set out in subsection 41(1) or section 42 or if an additional inspection station that is authorized under subsection 41(3) on an annual basis is no longer required.

• Marginal note:Adjustment

  (2) If the Minister becomes aware of a change referred to in subsection (1), the Minister must reconsider and, as appropriate, adjust the number of inspection stations or minimum number of hours of inspection that are required.

PART 4Preventive Controls

DIVISION 1Interpretation and Application

Marginal note:Definitions

45 The following definitions apply in this Part.

acceptable level

acceptable level means a level of a biological, chemical or physical hazard that does not present a risk of contamination of the food. (niveau acceptable)

agronomic input

agronomic input means an input that is used in growing fresh fruits or vegetables, and includes agricultural chemicals, biological controls, pollinators, commercial fertilizers, compost, compost tea, green manure, manure, mulch, row covers, soil amendments and pulp sludge. (intrant agronomique)

control measure

control measure means a measure that can be applied to prevent or eliminate any biological, chemical or physical hazard that presents a risk of contamination of a food or to reduce the hazard to an acceptable level. (mesure de contrôle)

critical control point

critical control point means a step at which the application of a control measure is essential to prevent or eliminate any biological, chemical or physical hazard that presents a risk of contamination of a food or to reduce the hazard to an acceptable level. (point de contrôle critique)

low-acid food

low-acid food means a food of which any component has a pH that is greater than 4.6 and a water activity, as determined by the ratio of the water vapour pressure of the component to the vapour pressure of pure water at the same temperature and pressure, that is greater than 0.85. (aliment peu acide)

operator

operator means

• (a) the holder of a licence to manufacture, process, treat, preserve, grade, store, package or label a food, to store and handle an edible meat product in its imported condition or to slaughter a food animal;

• (b) any person who grows or harvests fresh fruits or vegetables; and

• (c) any person who handles fish in a conveyance. (exploitant)

scheduled process

scheduled process means a process in which a treatment is applied to a food to render the food commercially sterile, taking into account the critical physical and chemical factors that affect the treatment’s effectiveness. (traitement programmé)

Marginal note:Application

• 46 (1) Unless otherwise specified, the requirements of this Part apply in respect of

  • (a) any foods that are to be exported or sent or conveyed from one province to another;

  • (b) any edible meat products that are imported, during their storing and handling in their imported condition, for the purpose of the exercise of an inspector’s powers under the Act; and

  • (c) any food animals from which meat products that are to be exported or sent or conveyed from one province to another may be derived.

• Marginal note:Exception

  (2) Despite subsection (1), in the case of the holder of a licence to import, section 86 applies in respect of any food that is imported.

• Marginal note:Application — establishment

  (3) The requirements of this Part that refer to an establishment apply in respect of

  • (a) in the case of the holder of a licence referred to in paragraph (a) of the definition operator in section 45, an establishment that is identified in their licence;

  • (b) in the case of any person referred to in paragraph (b) of the definition operator in section 45, an establishment where that person grows or harvests fresh fruits or vegetables; and

  • (c) in the case of any person referred to in paragraph (c) of the definition operator in section 45, the conveyance where that person handles fish.

• Marginal note:Establishment — slaughtering game animals

  (4) For the purposes of section 50, subsection 56(2) and sections 66, 67 and 71, in the case of an establishment that is identified in a licence to slaughter a game animal, the facility in the establishment is deemed to be the establishment.

• Marginal note:Exception — game animals

  (5) Section 55, subsection 56(1) and sections 58 and 69 do not apply in respect of an establishment where game animals are slaughtered.