Meeting November 21 & 22, 2012

Introduction

On November 21 and 22, 2012, members of consumer and health associations joined staff from the Canadian Food Inspection Agency (CFIA) for the fifth Consumer Association Roundtable (CAR) discussion.

The objectives of this meeting were:

• to provide information to CAR members about a number of issues,
• to gather feedback from CAR members, and
• to identify potential issues that could be addressed in future meetings.

Dr. Brian Evans, Special Advisor to the President, chaired the roundtable meeting and welcomed new representatives and guests, which included:

• Diane Dubord, who recently joined CAR as a new representative from the Association québécoise des allergies alimentaires.
• Francois Decary-Gilardeau, who had returned to represent Option consommateurs.
• Mel Fruitman, from the Consumers' Association of Canada, who was a guest at this meeting.
• Chris Ballard, from the Consumers Council of Canada, who was a guest at this meeting.
• Pat Steele, who is leaving CAR, was thanked for her dedication and commitment over the past two years.

Dr. Evans commented on the fact that, along with the twice-yearly, face-to-face meetings, CAR members receive regular email updates and have been provided information about CFIA issues as they occur. During the XL Foods Inc. recall investigation, CAR members were briefed by teleconference and included in technical briefings. Individual briefings were also provided on the Safe Food for Canadians Act.

The discussion turned to CAR members, and began with each attendee updating the group on news and progress since the last meeting, and outlining their organization's current priorities.

Comments from CAR members included the following:

• There was appreciation for how the CFIA kept CAR members up to date on the XL Foods recall investigation.
• There was support for the upcoming labelling review.
• There were comments about the broad benefits to engaging in stakeholder collaboration to determine the key issues around labelling.
• There were comments on the benefits to using social media and video conferencing to bring together a variety of interested parties to create food safety focus groups.
• There was an identified need for CAR members to work with the new government in Québec in advance of their 2013 provincial food policy review.
• There was an identified need for more public information about the issue of low levels of soy in wheat.
• There were concerns about the process of mechanically tenderizing meat.
• There were concerns about the benefits of/issues surrounding voluntary labelling vs. regulation.

Consumer Group Panel on Food Product Information, Labelling and Advertising presentation

Chris Ballard of the Consumers Council of Canada provided information on the Consumer Group Panel on Food Product Information, Labelling and Advertising, which was established in July 2012. This is a national panel that was set up to investigate and make recommendations on what consumers need and expect from food information advertising and labelling to help them make informed choices. The panel will work to identify areas of required research, consultation and advocacy concerning food product information, labelling and advertising. Members of the panel include Anaphylaxis Canada, Consumers Council of Canada, the Heart and Stroke Foundation, My Sustainable Canada, Option consommateurs and Union des consommateurs. The panel is facilitated by the Consumers Council of Canada, which will invite formal input from government, industry, subject matter experts and the public. A final report is expected by March 2013.

Comments from CAR members included the following:

• Members felt that the initiative's timing fits well with the CFIA regulatory review.
• There was support for initiatives that lead to improved labelling.
• There were questions about the future influence of the final report. Members suggested that:
  • the initiative has the potential to influence government policy.
  • sharing information is key to better decision making.
  • the report could attract media attention and help to educate the public.

Update on Bill S-11, the Safe Food for Canadians Act

Neil Bouwer, CFIA Vice-President, Policy and Programs, reported on Bill S-11 (the Safe Food for Canadians Act) and commented on the fact that Royal Assent could occur soon. He thanked the CAR for its support for Bill S-11 and acknowledged that implementation will take time.

The presentation highlighted the following points:

• Regulations must be made before the bill can come into force; those regulations will likely be made within 18 to 24 months.
• There is a great deal of momentum within the CFIA to create a comprehensive regulatory framework document by spring 2013.
• A Statement of Regulatory Intent will be published before the regulations are formally published in the Canada Gazette.
• The bill repeals three Acts and brings in a number of new authorities.
• The new definition of a food commodity is purposely broad and all-encompassing.
• The goal of inspection modernization is not to change the roles in the production of safe food.
• This bill will strengthen Canada's position in food traceability and security.

Comments from CAR were positive. Members appreciated that the CFIA provided the CAR with updates on Bill S-11 through advance face-to-face briefings in Toronto and through teleconferences. They were pleased that they were invited to include their membership in these briefings.

Change agenda and the CFIA long-term strategic plan

George Da Pont, President of the CFIA, spoke to CAR members about the CFIA's change agenda and long-term strategic plan. The President began by stating that consumer protection is a core part of the CFIA's business. This is reaffirmed through the CFIA's public communications, statement of rights and service, and roles and responsibilities document. The CFIA is looking at placing more emphasis on consumer protection in the Program ActivityArchitecture (PAA), which is the framework on which CFIA reports and plans all its work. At the moment, consumer protection falls under food safety. The CFIA is exploring the possibility of having consumer protection as a separate sub-activity within food safety.

The President highlighted three key change initiatives: legislation, regulatory modernization and inspection modernization. He commented on the fact that Bill S-11 will drive all food-related regulatory renewal. Regulations will need to be updated before the bill comes into effect. The bill also introduces a few new regulations for imports, traceability and documentation for recalls. This is a big job, it will take time, but all the modernization work that the CFIA is engaged in serves to strengthen an already strong system.

The CFIA is increasing its focus on transparency and acknowledged that it would be a challenge to implement some of the work toward transparency. The President stated that progress has already been made. There is already a great deal of information available on the CFIA website, and the CFIA will continue to add to that information.

The President highlighted the following three priorities for transparency:

1. The CFIA is doing valuable science work on surveillance and sampling. More information is accessible to the public and new information will continue to be made available on the CFIA website.
2. More information will be made available on an establishment's performance, and the names of repeat offenders will be published. This is a challenge because of privacy issues. However, the CFIA is working through the privacy issues and there are provisions in Bill S-11 that will provide the authority to release information that is in the public's interest. Incremental progress can be expected in the new year.
3. The CFIA will launch a comprehensive review of labelling. The President is anticipating a formal launch in the new year. Input from CAR members will be invaluable; it will not be easy given the diverse views about this issue but it is time to have an open discussion.

The President offered a few comments on the XL Foods investigation, which he acknowledged was on the CAR meeting agenda for the following day.

Comments from CAR members included the following:

• There was considerable support for making information on an establishment's performance available and for publishing the names of repeat offenders.
• There was unanimous support for the launch of a comprehensive labelling review.
• There was a mixed response and some confusion around the distinction between consumer protection and food safety, and which should be most prominent.
• Some members voiced that the consumer protection framework is broader than the food safety framework.
• Members affirmed that the CFIA is heading in the right direction.
• Members acknowledged that the resources that have been made available to CAR members have been excellent.
• There was support for Bill S-11, and requests that the CAR be involved when the regulations are drafted.
• There was mixed concern over whether the CFIA and Health Canada are working in tandem when it comes to the labelling review.
• There were questions about the jurisdictions of Health Canada and the CFIA.
• There was a request for clarification about the CFIA's role in trade.
• There was concern that the CFIA mandate covers both export and import issues and that CFIA's role is to meet the requirements of the importing countries as well as Canada's own import requirements.
• There were some questions about the fact that the CFIA reports to the Minister of Agriculture and not the Minister of Health.
  • Members noted that there may be an opportunity to get astatement to clarify the CFIA's mandate.
• Members agreed on the importance of communication, and noted that there should be a great deal of reflection on how this is done.
• There was a suggestion to review the communication models of similar agencies in the US and Britain.

XL Foods investigation and recall

Dr. Harpreet Kochhar, Executive Director, Western Operations provided an update on the XL Foods recall which occurred in September, 2012. Dr. Kochhar walked members through the detailed time line of the event from the first identification of a positive E. coli O157:H7 sample, the ensuing investigation and recall, eventual suspension of the license of the plant through to its conditional reinstatement under enhanced oversight.

Dr. Kochhar then outlined the continued operational response to this incident which included intensified and enhanced sampling at the establishment and implementation of new protocols targeted at all slaughter and processing plants. He also shared with the members the planned policy response such as the implementation of the Safe Food for Canadians Act (S-11), inspection modernization and the development of new food safety regulations.

There will be a technical review of this event by an external, independent, expert team. This team will be appointed by the Government of Canada though an Order in Council, to review the XL Foods recall.

Comments from the CAR members included the following:

• There was overall satisfaction with how the CFIA communicated with CAR members about XL Foods.
• There was some discussion about the implications for producers when they are not in compliance with CFIA regulations.
  • There was confirmation that when Bill S-11 regulations are in place, they will provide inspectors with the authority to issue fines to non-compliant producers.
• Members appreciate the movement toward harmonizing authorities in various CFIA programs.
• Members expressed confidence that the move toward identifying non-compliant companies will be beneficial.
• There was discussion over whether additional tools and technologies such as an animal vaccination program and product irradiation should be considered.
  • Immunization may not cover most E. coli strains, and the economic factors are a negative factor influencing behaviours.
• There was discussion about whether consumers would be interested in having a choice between irradiated and non-irradiated beef.
  • Acceptance of irradiated product requires a high level of consensus, and also requires a review of the impact in the marketplace.
• There was general awareness that the CFIA always looks at prevention first.
• Members would like to see more encouragement for industry to be more transparent in and accountable for their own production.

Technical review of the XL Foods recall

Dr. Evans confirmed that the CFIA is committed to participating in the technical review by the independent team of experts and to using the review to generate lessons learned from the XL Foods safety investigation and recall. The proposed terms of reference for the review would include the following:

• Generate an understanding of the circumstances that led to the contamination, both from the perspective of CFIA inspection and from that of company preventive controls.
• Assess the effectiveness of the response by XL Foods, the CFIA and its food safety partners, including communications with the public and stakeholders.
• Provide relevant recommendations to further strengthen the food safety system.

The final report and recommendations will be made public along with the CFIA's response to the findings. CAR members expressed interest in discussing the findings of this review when they become available.

CAR membership

The CAR is currently looking to add to its membership. A number of suggestions were presented.

Comments from CAR members included the following:

• There was a discussion about adding a representative from the Heart and Stroke Foundation, the Celiac Foundation and possibly someone with an environmental perspective.

Inspection modernization

Budget 2011 provided the CFIA with $100 million over five years to implement improvements to its inspection approach, science, training, technology and tools. For the past year the CFIA has been working on a new food inspection model that will merge the previous eight food inspection programs into one.

Cameron Prince, Vice-President, Inspection Modernization, explained the benefits of this single, consistent approach to food inspection. This is an ambitious project that will not be accomplished overnight, but is one of the most important initiatives that the CFIA is undertaking.

The proposed approach emphasizes the following:

• continuous improvement,
• stronger industry accountability,
• a single, comprehensive and consistent approach to inspecting all food,
• more consistent oversight,
• a stronger emphasis on inspecting and verifying the industry food system,
• a better response to foodborne illnesses,
• greater transparency,
• internationally-accepted science and risk-based protocols, and
• greater prevention measures in food production.

The CFIA is proposing changes to five key areas of food inspection. They are as follows:

• Licensing of all federally-regulated food industries,
• Consistent (and in some cases more) government oversight,
• A whole system-level approach to inspecting industry's food production and processing operations,
• More consistent and transparent enforcement of non-compliance, and
• Ongoing evaluation of the food safety system to check performance.

Formal consultation on the initial draft model has closed (face-to-face meetings across Canada have been completed) but the CFIA continues to discuss this approach with stakeholders and take in feedback as they develop a revised draft.

It is anticipated that a revised draft of the new inspection model will be released in early 2013. It will be based on stakeholder feedback and stakeholders will be invited to comment.

Comments from CAR members included the following:

• There was strong support for the proposed changes to licensing.
• There was unanimous support for strengthening CFIA enforcement action.
• There was general appreciation for the open and transparent process.
• There was interest in seeing the revised draft when it becomes available.
• There was overall support for the concepts outlined in the model.

Food labelling modernization

The CFIA is proposing to carry out a Food Labelling Review that aligns with its long-term strategic plan and its change agenda and modernization activities. The proposed objective is to develop a modern and innovative food labelling system within the context of the CFIA's priorities and vision that aligns with Bill S-11.

The Food Labelling Review will include:

• all foods within the CFIA's mandate,
• select food labelling regulations and guidelines that fall under the CFIA's mandate,
• CFIA food labelling program design and service delivery.

The CFIA will make strong linkages with other government departments or agencies and with other CFIA modernization initiatives that fall outside the scope of review.

Proposed areas of focus that will align with the CFIA's long-term strategic plan and its change agenda and modernization initiatives include:

• roles, responsibilities and partnerships,
• regulation,
• policy and program development, and
• service delivery and information management/information technology (IM/IT)

Comments from CAR members included the following:

• There was unanimous interest in being involved in the food labelling review process.
• Members recognized that this process will require a great deal of work.
• Members acknowledged that this initiative will impact consumers.
• Members expressed appreciation for the CFIA's efforts in this initiative.

Going forward

CAR members identified the following potential new agenda items and considerations that may be put forward at the next meeting.

• There was interest in having the CFIA provide a consultation calendar that includes upcoming consultations and provides as much notice as possible.
• Members would like to meet with the Office of Integrity and Redress to understand the core issues that have been identified so far.
• There was interest in reviewing the CFIA Compliance and Enforcement Report at their next meeting.
• There was interest in being more fully involved in the Food Labelling Review.
• There was interest in a briefing on aflatoxins.
• There was interest in a briefing on the findings of the independent investigation into XL Foods.