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Improved Food Inspection Model
Final Model

Annex A: Details for issuing, renewing and amending a licence

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The following provides additional information on the approach for licensing. More detailed procedures will be developed and finalized in conjunction with the food regulations.

Below is an example of the type of information the CFIA expects to request from regulated parties to support risk management.

Applying for / obtaining a licence

Applicants for a licence would submit the following information to the CFIA

  1. Application status (applicant would check one that applies)
    • new
    • amendment
    • renewal
  2. Business activities information (applicants would check all that apply)
    • operations importing food with storage / distribution facilities
    • operations importing food without storage / distribution facilities
    • operations exporting food with storage / distribution facilities
    • operations exporting food without storage / distribution facilities
    • operations preparing food for interprovincial trade
    • operations preparing food for export
    • operations not falling within one of the above categories, specify
  3. Contact and legal information (all fields must be completed)
    • business name and operating name
      • copies of the applicant's articles of incorporation or provincial registration, if any
    • legal (civic) address (physical location) in Canada
      • all physical location(s) covered under the licence in Canada
    • mailing address (if different from legal address)
    • address where records will be available (if different from legal address)
    • fax/telephone number, email address
    • name of operator (licence holder)
    • name of primary contact person at each physical location
    • name of emergency contact
  4. Business status (applicants would check one that applies)
    • active
    • inactive
    • seasonal

    Note: If an applicant's business is a seasonal operation, then he or she would be required to notify the CFIA of the planned start and end date for operations.

  5. Hours and days of operation for each establishment
    • applicant would enter the hours of operation
    • applicant would enter days of operation
  6. Commodity information for each establishment covered by the licence (applicants would check all that apply)
    • alcoholic beverages
    • non-alcoholic beverages
    • confectionery, sweeteners, snack foods (containing or not containing nuts), desserts
    • dairy
    • egg and egg products
    • fats and oils
    • fish and seafood products (including bivalve molluscs)
    • food chemicals (for example, additives, processing aids)
    • fresh fruit
    • fresh vegetables
    • grain-derived foods (for example, breakfast cereal, bread and bakery, pasta)
    • honey and honey products
    • infant foods
    • maple products
    • meat and poultry
    • multiple/mixed foods (for example, pizza, frozen meals, sandwiches)
    • nuts, grains, seeds
    • processed fruit products
    • processed vegetables
    • spices, herbs, flavours, condiments, dressings
    • other (please specify)
  7. Business size
    • number of employees working in each establishment (ranges to be provided as options–applicants would check one that applies)
    • estimates of annual volume of production or importation or exportation of food commodities (ranges to be provided as options–applicants would check one that applies)
  8. Commodity type, handling information and volumes (applicants would check all that apply)
    • ready-to-eat:
      • pathogen reduction step
      • control of contamination
      • are in a form that is edible without additional preparation to achieve food safety
    • not ready-to-eat
    • importation:
      • prepackaged foods only
      • foods for packaging, labelling, re-labelling, further processing
    • number of different types of food commodity (ranges to be provided as options–applicants would check one that applies)
    • estimated annual volume of production, importation or distribution (ranges to be provided as options–applicants would check one that applies)
    • consumer target audience

Amendments and renewals

For amendments and renewals, the licence holder would access his/her unique account in the CFIA web portal; select the activity he/she needs (for example, renewal, amendment); modify the information in the application form, as applicable; pay the required fee, if any and submit.

Process for issuing a licence

Step 1: Application review

  1. Upon receipt of the licence application, the Minister (or delegate) would review it and, if an issue were identified, document the relevant facts.

    The Minister (or delegate) could refuse to issue a licence if the applicant

    • does not meet conditions of licensing
    • has submitted inaccurate information
    • has provided false or misleading information, documents or records
    • engaged in deceptive practices in order to obtain a licence
  2. The Minister (or delegate) would review the facts before rendering a decision. If required, expert advice would be sought to ensure that the licensing criteria were applied consistently.
    • A pre-licensing inspection may be required for high-risk activities and would be a priority for first-time applicants.

Step 2: Communication of decision

  1. Notifications would be sent if a pre-licensing inspection were required.
  2. If a licence were to be refused, a written notice of refusal would be sent, with the reasons for the refusal.
  3. The applicant could request a review of the refusal and present facts to support the request.

Step 3: Decision review

The CFIA is currently considering options for a review mechanism that would be made available to regulated parties following a decision to refuse to issue a licence.

Process for suspending a licence

Step 1: Initiation

  1. The inspector would identify any non-compliance(s) and gather facts to support the finding(s).
  2. The inspector would inform his or her management of the facts of the non-compliance.
  3. The licence holder would receive a report of the inspection and would be provided an opportunity to remedy the non-compliance.Footnote 12

Step 2: Consideration of the inspection findings

  1. If the non-compliance were not addressed, the licence could be suspended. The delegate of the Minister would review the inspection findings and possibly seek expert advice, as appropriate, to ensure that the suspension criteria were being applied consistently.Footnote 13
  2. The delegate of the Minister would render a decision.

Step 3: Communication of decision

  1. If the licence were to be suspended, the licence holder would receive a written notice of the decision, and the reasons for the decision.

Step 4: Lifting of a suspension

  1. The licence holder would submit a written plan to address the issues that resulted in suspension of the licence.
  2. The inspector would follow up to determine whether the issues indicated in the suspension were addressed.
  3. If the issues were addressed, the inspector would report his or her findings and close the file. Additional conditions could be imposed on the licence by the Minister.
  4. If the issues were not resolved, the process would move to that described below (Process for cancelling a licence).

Process for cancelling a licence

Step 1: Initiation

  1. If the inspector were to identify unresolved issues as per section 2.6 (Cancellation of a licence), the cancellation process would be initiated.

Step 2: Evaluation

  1. The Minister (or delegate) would review the inspector's recommendation and the Agency's file to verify that the cancellation criteria were being applied consistently.
  2. A licence holder is entitled to know the case against him or her and may request an opportunity to be heard and to respond to the arguments and evidence presented to the Minister (or delegate) against him or her. A licence holder must request a review of the decision within the time limit specified in the written notification.
  3. The hearing may be oral or by way of written submissions.
  4. The Minister (or delegate) would consider the submissions of the inspector and the licence holder and render his or her decision with reasons for the decision.

Step 3: Communication of decision

  1. The licence holder would receive written notification of the decision. If the licence were to be cancelled, this would include the reasons for the decision to cancel the licence.
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