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Improved Food Inspection Model
Final Model

1. Introduction

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1.1 CFIA's legislative authorities

The CFIA plays a key role in maintaining Canada's food safety system. It has a mandate to administer and/or enforce food-related Acts and regulations.

The Food and Drugs Act (FDA) and regulations will continue to exist separately and continue to apply to all food sold in Canada. Health Canada is undertaking a separate, but coordinated modernization of its regulatory framework for food. The FDA will continue to protect consumers from any and all foods that are unsuitable for human consumption, including those marketed exclusively within provinces.

The Safe Food for Canadians Act (SFCA) received Royal Assent on November 22, 2012. It consolidates authorities and requirements set out in the Canada Agricultural Products Act (CAPA), the Fish Inspection Act (FIA), the Meat Inspection Act (MIA) and the food provisions of the Consumer Packaging and Labelling Act. When the SFCA comes into force, these Acts and their regulations will be repealed. The SFCA strengthens oversight of food commodities being traded inter-provincially or internationally. The SFCA does not change the inspection regime or the fines and penalties of the FDA and its regulations.

Strengthened oversight of imports under the proposed Imported Food Sector Product Regulations is expected to be in place before the food regulation comes into force. Strengthened oversight for imports is consistent with the overall direction of the improved food inspection model. Although the import regulations were conceived before the improved food inspection model, both share licensing and preventive control plan concepts. It should be noted, however, that these regulations, if promulgated, will be promulgated under the CAPA and will therefore be repealed when the SFCA comes into force.

Once the SFCA is in force, the CFIA will rely on the authorities in that Act and the FDA to carry out its mandate with respect to food safety. The SFCA and the model provide the foundation for a single, consolidated regulatory framework and the basis for a consistent approach to inspecting food. The food regulations are being designed to allow the Act to come into force and to support the new approach proposed by the model. In the interim, the existing legislation will remain in force.

1.2 Guiding principles

The CFIA's inspection modernization initiative will apply food safety management concepts that are globally recognized for how effectively they achieve the safety and suitability of food for human consumption and trade. These globally-recognized concepts build from the foundation of prevention. They include systems-based, performance-based and risk-based approaches that are

  • founded on science and based on risk, and that use common inspection procedures and tools;
  • aligned with international standards, such as those developed by Codex AlimentariusFootnote 1;
  • based on the premise that industry is responsible for its products and processes and must demonstrate ongoing compliance with legislative requirements;
  • flexible, to accommodate the complexity and size of an operation; and
  • supported by information management / information technology (IM/IT) solutions that will facilitate planning, reporting and decision making.

Canada is not alone in using a risk-based approach. Food inspection systems in the United States, Australia, New Zealand and other countries are also adopting risk-based approaches that compare risk across food commodities.

1.3 Roles and responsibilities

1.3.1 Regulated parties

Regulated parties are responsible for complying with the law. They demonstrate commitment to complying with the law by ensuring that food commodities and processes for which they are responsible meet regulatory requirements. Regulated parties also provide the CFIA with input and information that is used in regulatory decision making.

1.3.2 Roles and responsibilities of the CFIA

The CFIA verifies industry compliance through activities that include inspection, surveillance, sampling and testing. These activities are used to assess whether a licence holder has developed, documented, implemented and maintained written preventive control measures, whether these measures are effective, and whether regulatory requirements and licence conditions have been met. When non-compliance is identified, the CFIA takes appropriate compliance and enforcement action.

The CFIA derives its inspection authorities through Acts and regulations and is responsible for enforcing requirements in the Acts and regulations. In light of modernization, the CFIA will replace the existing commodity-specific inspection manuals with a new suite of materials for inspection staff. These materials will clearly link the regulations to their policy intent and provide functional direction to inspection staff on what should be verified (regulatory requirements) to assess that regulated parties are respecting the regulations.

The Canadian Food Inspection Agency Act, subsection 11(3), establishes that the CFIA is responsible for enforcement and administration of the provisions of the FDA as it relates to food, as defined in section 2 of that Act (except those provisions that relate to public health, safety or nutrition).

Currently, the CFIA is responsible for enforcing the CAPA, the FIA and the MIA - which are trade and commerce statutes applicable to certain food commodities - and for verifying compliance with the food-related provisions of the FDA. The CFIA has regulatory oversight and responsibility for interprovincial and internationally-traded food commodities and shares responsibility for the safety of intraprovincially-traded food commodities with provinces and territories. The CFIA will continue to inspect food establishments that prepare food for sale within provincial borders to verify compliance with the requirements of the FDA and its regulations using a risk-based approach. The division of powers and responsibilities between the federal and provincial jurisdictions will not change.

Recognizing that a range of barriers can impede compliance, regulatory organizations worldwide are introducing a more proactive approach to generating compliance from regulated parties. A crucial step will be to promote awareness and understanding of the requirements. New programming will require that guidance be provided to regulated parties to help them understand and comply with requirements. Compliance education documents will be prepared specifically for regulated parties and will describe regulatory requirements.

Compliance promotion is any activity that increases awareness, informs, motivates, or changes behaviour and encourages compliance with a regulatory requirement.

1.3.3 Key partners

Under the FDA, Health Canada is responsible for establishing requirements relating to the safety and nutritional quality of food sold in this country. Health Canada will continue to establish policies, regulations and standards related to the safety and nutritional quality of food. It will also conduct health risk assessments to inform Canadians and protect them from the health risks associated with food. The CFIA will continue to use these risk assessments to inform inspection activities and actions or decisions related to compliance.

Overall, the roles and responsibilities of key partners would not change significantly once the improved food inspection model is implemented. See Figure 2.

The Canada Border Services Agency (CBSA) will continue to clear shipments into Canada with the assistance of the CFIA, but will now also confirm that importers have a valid licence. The CFIA's electronic certification processes would be integrated as they are developed. Import related information, including licence numbers, will be captured in electronic transactions exchanged between the CFIA and the CBSA. CBSA officers are designated as inspectors to enforce "programme legislation", includingCFIA legislation. The CFIA will continue to work closely with the CBSA to verify that its officers have the necessary tools to enforce the CFIA's legislation at airports and other Canadian border points.

The Public Health Agency of Canada, the CFIA, and Health Canada will continue to work with public health officials and provincial ministries of health to confirm the source of food-related illnesses when an outbreak is suspected. Together, they provide reference laboratory services, conduct food safety investigations and take recall actions.

Figure 2: The roles and responsibilities of all partners
International Provincial/municipal agencies Federal partners CFIA Industry Consumers
Global food supply

Market and trade

Comparability and acceptance of food systems

Meet import requirements, provide export requirements

Enforce food safety laws within their jurisdiction

Inspection, public health and food safety surveillance

Lead public health surveillance and outbreak investigations

Develop health policies and standards and conduct health risk assessments

Delivers federal food inspection programs

Investigates foods linked to illness outbreaks

Initiates food recalls

Responsible for the production of safe food in compliance with government standards Responsible for safe food handling and preparation
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