Report of What We Heard:
Draft Improved Food Inspection Model Consultation
from August 9 to October 31, 2012

PDF (173 kb)

Introduction

On August 9, 2012, the Canadian Food Inspection Agency (CFIA) released its draft model for improving food inspection in Canada. The CFIA is proposing a single approach to food inspection that will provide consistent and appropriate oversight across all regulated food commodities—whether they are imported or produced domestically.

This initial draft improved food inspection model was based on feedback from discussions with stakeholders as well as feedback on a document called The Case for Change that outlined the first steps and rationale for modernizing inspection.

From August 9 through October 31, 2012, the CFIA consulted with

  • CFIA employees including front-line staff
  • bargaining agents
  • consumer groups
  • industry
  • federal, provincial and territorial government partners

International partners received notices through the World Trade Organization and various Canadian posts abroad. Stakeholders were asked for their feedback on the proposed draft model and ways that Canada's science-based inspection system can be enhanced.

Feedback was received in person, via an online survey and by email, fax and mail. The CFIA is considering all feedback as it continues to revise its approach. The CFIA will consult further with stakeholders on the revised draft improved food inspection model through May 2013.

Consultation statistics

942 CFIA employees attended

  • 11 face-to-face sessions
  • 6 teleconference calls
  • 2 online presentations

507 industry representatives attended

  • 6 face-to-face sessions
  • 1 online presentation

86 representatives from other federal, provincial and territorial partners attended

  • 3 face-to-face sessions
  • 1 teleconference call
  • 1 online presentation

47 respondents completed an online questionnaire. They self-identified as

  • 16 general public
  • 16 government (federal and provincial)
  • 13 industry
  • 1 international
  • 1 academic

50 respondents submitted their comments via email, fax or mail. They self-identified as

  • 23 industry or association
  • 13 CFIA employees
  • 7 government (federal and provincial)
  • 5 international
  • 1 general public

What we heard

There was extensive participation during the consultation and significant interest in improving food inspection. Feedback has been very positive. Generally, stakeholders are eager for the CFIA to move toward a single and more consistent inspection system. There is also enormous support for the CFIA to improve and automate its information technology systems.

Overall, respondents want

  • more details,
  • adequate training and guidance,
  • incremental implementation and time to transition,
  • an open and transparent system, and
  • clear communication and continued consultation.

Safe Food for Canadians Act

One of the most frequent questions that the CFIA received from its stakeholders was how the CFIA’s draft model relates to the Safe Food for Canadians Act.

CFIA response: The new Safe Food for Canadians Act and the draft improved food inspection model complement each other in that they both provide a single, consolidated regulatory framework and the basis for a consistent approach to inspecting food. Combined, these initiatives will allow the CFIA to more consistently manage risk, better deliver inspections, achieve greater industry compliance with food safety requirements and better protect consumers.

The new Act received Royal Assent on November 22, 2012. The Act will come into force when the necessary regulations are updated. The Act

  • consolidates the authorities of the Fish Inspection Act, the Canada Agricultural Products Act, the Meat Inspection Act, and the food provisions of the Consumer Packaging and Labelling Act;
  • provides a stronger legal framework that addresses food safety concerns, such as tampering, traceability and import controls; and
  • strengthens authority for food inspection activities in support of an improved food inspection model.

The CFIA’s draft model is part of the commitment to modernize food inspection made by the Government of Canada in Budget 2011. The majority of the $100 million commitment is earmarked to be spent in the next few years to support the implementation of the new model with additional resources for CFIA laboratories and to equip inspectors with better tools and training.

General summary of feedback by stakeholder groups

General comments from stakeholder groups included the following:

CFIA employees, including front-line inspectors, are pleased with investments in training and efforts to bolster their work and enforcement actions while inspecting facilities. They also want to

  • keep commodity expertise, and
  • know how the CFIA will use its resources.

Bargaining agents want to

  • know how the CFIA will use its resources, and
  • know how the CFIA will implement its proposed plan.

Industry supports the proposed single licence regime that applies to all domestic food establishments, exporters and importers. However, there is concern about how small- and medium-sized operations would comply. Industry also wants

  • details on, and the cost of, licensing;
  • details about preventive control plans;
  • details about risk-based oversight; and
  • guidance to meet expected food safety and other regulatory requirements.

Federal, provincial and territorial partners support a risk-based oversight approach. They want to know how

  • federal and provincial oversight will be coordinated, particularly for food sold within provincial borders, and
  • the current provincial oversight of establishments that sell food outside provincial borders would be shifted to the federal domain.

Consumers support efforts to improve industry accountability and also are pleased that inspectors are receiving training. Some expressed concern that this draft model could be perceived as a cost-cutting exercise and a loss of inspector expertise. Consumers also want

  • to know how the CFIA will use its resources, and
  • the CFIA to make compliance reports public to promote transparency.

International stakeholders are pleased with the proposed approach and want

  • consistency with United States’ Food Safety Modernization Act,
  • details about how the draft model would be implemented, and
  • clarification of the relationship between the draft model and the proposed Safe Food for Canadians Act as well as the proposed regulations for imported food.

Comments specific to key components of the draft improved food inspection model are discussed below.

Licensing

There is strong support for a single licence for each regulated party that imports or exports or prepares food for sale outside provincial borders. Respondents reacted positively that this would

  • improve the CFIA’s ability to recall food products and address food safety issues,
  • put importers on a level playing field with domestic establishments to promote accountability across the board,
  • provide a single automated portal for licensing and information on regulated establishments,
  • reduce red tape, promote market access abroad and encourage more investment in Canada.

Pre-licensing conditions

Respondents wanted to know more details about licences including conditions, who could apply and how much licences would cost.

CFIA response: One of the conditions of obtaining a licence would be that industry develop, document, implement and maintain a preventive control plan, suitable to their activities and operations, in order to meet food safety and other regulatory requirements.

Importers, exporters and domestic establishments that prepare food for sale outside provincial borders would be licensed. The CFIA is proposing that establishments that sell food within provincial borders; storage facilities; warehouses; transporters; distribution centres; and primary producers that are not involved in importing, exporting or repackaging food would not be subject to licensing.

There would be a cost for the licence though the amount has not yet been set. The CFIA is proposing that licences be issued upon receipt of payment. They would not be transferable to a new owner if the business were to be sold.

Verifying licences

Respondents wanted to know how the CFIA would verify applications and issue licences.

CFIA response: The CFIA plans to implement the draft model and the proposed single licensing regime incrementally. Establishments that are currently licensed or registered federally would also be gradually integrated into the new regime.

The CFIA would verify that applications are complete and that applicants meet the necessary conditions, including having a preventive control plan. The planned investments in technology would allow applications to be submitted electronically and verified promptly. The model proposes that domestic establishments, exporters and importers that deal with high-risk product may be subject to a pre-licensing inspection. The CFIA would prioritize those parties that are applying for their first licence. Additional service standards would be developed once the CFIA has determined its business requirements for administering a licensing system.

Non-resident importers

Respondents wanted to know how the CFIA would issue licences to importers that do not have a physical location in Canada.

CFIA response: The CFIA does not have the authority to pursue any enforcement activity outside Canadian borders. Therefore, the draft model proposes that it would issue licences to importers that have a responsible party residing in Canada and a Canadian address where records would be available to CFIA inspectors.

Imported foods

Respondents often wanted to understand the relationship between the CFIA’s proposed draft improved food inspection model and the CFIA’s regulatory proposal for imported foods in the non-federally registered sector.

CFIA response: The draft model proposes that

  • all foods with similar risk are treated equally, and
  • inspection be consistent across all foods, whether they are imported or produced domestically.

The CFIA currently has proposed regulations for imported food in the non-federally registered sector (NFRS). This sector encompasses a wide range of foods, including infant foods, alcoholic beverages, bakery products and cereal products.

These regulations reflect the spirit and general direction of the draft model; they would

  • improve oversight of imported food products, and
  • license the responsible importing party under condition that they develop and implement a preventive control plan.

Intraprovincial trade

Another common question from respondents was how this proposal would affect establishments that prepare food for sale within provincial borders.

CFIA response: The draft model proposes to license and verify compliance of any establishment that prepares food for sale outside provincial borders (interprovincial and/or international trade).

Food prepared for sale within provincial borders (intraprovincial trade) would continue to be

  • inspected by the respective provinces
  • subject to the safety requirements of the federal Food and Drugs Act, and
  • included in the CFIA’s food safety surveillance plans.

The CFIA would also continue its role in food recalls and respond to complaints.

Preventive control plans

Respondents generally thought the proposed elements of preventive control plans were comprehensive but they asked for clarification or more details about

  • the use of the Hazard Analysis Critical Control Point (HACCP) system,
  • whether industry could use other models like the Global Food Safety initiative (GFSI) and Canada GAP (a food safety program for companies that produce, pack and store fruits and vegetables),
  • how small and medium-sized businesses would be able to comply, and
  • whether the CFIA would develop standard, generic models to assist help businesses develop their preventive control plans.

CFIA response: The model proposes that all regulated establishments have mandatory preventive control plans for food safety. In most cases, establishments currently using HACCP should be well positioned to meet the requirements of the proposed draft model. In addition, HACCP would still be required where it is required for international trade.

However, the CFIA is not proposing that HACCP itself become mandatory; regulated parties could use other comparable food safety systems such as GFSI, Canada GAP and the International Organization for Standardization (ISO). Whichever plan is used, the CFIA proposes that its inspectors would verify that the plan is effective in producing safe food and meeting regulatory requirements.

Mandatory preventive control plans should be scaled and adapted to the size and complexity of operations. The CFIA is considering what type of additional guidance it or other federal and provincial departments could provide to small and/or medium-sized businesses to help promote compliance.

CFIA oversight

All respondents indicated that they support an approach that further strengthens accountability. General comments included the following:

  • industry should be responsible for producing safe food,
  • the CFIA should be responsible for verifying that industry is meeting its requirements,
  • the CFIA should communicate changes clearly and should allow time for industry to adapt,
  • oversight and inspection should correspond to a level of risk, and
  • this approach would promote consistency across programs and products.

Respondents asked for more details about

  • how risk would be determined and validated for each establishment,
  • how risk would be ranked and how levels of oversight would be determined,
  • how risk would be ranked and assessed for past compliance,
  • how risk would be ranked for establishments that produce more than one commodity,
  • how to determine and communicate when facilities change risk levels, and
  • whether the CFIA would consider third-party systems and inspection results when determining risk ranking, oversight and inspection frequency.

CFIA response: The model proposes that the CFIA would continue to inspect regularly in order to verify compliance but will take greater account of the risk of certain foods or food preparation processes as well as the compliance history of regulated parties. More frequent inspection would be expected for high-risk operations and/or non-compliant facilities.

The CFIA is developing a framework to provide a standard and consistent approach to overseeing federally-regulated food establishments. This framework considers international benchmarks and would help determine

  • how frequently the CFIA would inspect domestic food establishments and importers, and
  • how the CFIA would conduct activities like market surveillance and border blitzes.

The role that third-party systems might play in determining CFIA inspection oversight is being considered. Nevertheless, there are no plans to use third-party auditors in place of CFIA inspection activities or to base oversight solely on third-party audits.

Inspection

Respondents support more consistent inspection across commodities and a balance between traditional inspection of products and shipments and a move to a CFIA system assessment as a whole within establishments.

Common training

Respondents are universally pleased that inspectors will receive more training. Inspectors should have a common background and improve their knowledge of the science behind food production.

CFIA response: The CFIA is proposing that its inspectors have the appropriate scientific foundation and have skills that could be transferred across all commodities. This does not mean that inspectors would become generalists. Rather, the emphasis is on creating a common background for all inspectors. Significant government funding from Budget 2011 exists for inspector training and for developing a common core training curriculum. When implemented it will be a requirement for all front-line inspectors before they enter the field and for other CFIA staff that need to understand front-line work in order to better do their jobs.

Commodity expertise

Respondents also want the CFIA to retain commodity expertise to boost the system’s overall integrity and to make sure that inspectors can assess industry preventive control plans.

CFIA response: CFIA inspectors will bring a balance of common food safety knowledge as well as commodity specific expertise. The CFIA anticipates that specialists and more experienced inspectors would be ideally suited to effectively evaluate industry’s food systems.

Surveillance

Respondents want more details about how the CFIA would continue food safety surveillance and monitoring activities in the marketplace.

CFIA response: The CFIA would continue to survey domestic food products and conduct border blitzes for imported food. The planned informatics investments in technology would allow the CFIA to gather and assess information more quickly. This information would help determine compliance with Canada’s federal food safety regulations, and where there may be risks to food safety.

Compliance and enforcement

Respondents widely support more consistent and predictable enforcement of non-compliance across all food, especially with importers and international entities. They note that there would be greater expectations that CFIA inspectors will be able to enforce their decisions if compliance is not met.

Corrective Action Requests and Plans

Respondents wanted more details how the CFIA would handle Corrective Action Requests (CARs) and Corrective Action Plans (CAPs).

CFIA response: The draft model proposes that the CFIA would issue CARs for cases of critical and serious food safety non-compliance, as well as for repeat cases of regulatory non-compliance. The CFIA would verify corrective actions and make sure they have addressed food safety and other regulatory requirements. If this results in compliance, the inspector would close the CAR.

The CFIA would take immediate action (for example, detain product and/or stop production) in addition to other available enforcement options where there is a critical and/or serious threat to public health and food safety.

Border control

Respondents also asked how the draft model would affect border control and how imported foods would be handled if they do not comply with regulations.

CFIA response: The CFIA would continue to clear shipments into Canada with the Canadian Border Services Agency (CBSA) but it would also confirm that importers have a valid licence. Food products that do not comply would not enter Canada.

System performance

Respondents strongly support steps to continuously measure how effectively industry compliance is verified. Some are concerned about what information would be released publicly but generally, all respondents support

  • an open, transparent food inspection system, and
  • a robust system to manage risks, respond appropriately, and measure performance.

Respondents wanted more details about

  • key performance indicators,
  • whether industry and consumers would be able to provide input into system performance,
  • whether there would be regular audits of the CFIA, and
  • how details about non-compliant establishments would be shared.

CFIA response: The CFIA is committed to becoming a more transparent organization. The draft model currently proposes a framework that would measure how effectively the food inspection system is working across Canada. This framework recognizes that proactive inspection and verification by CFIA inspectors must continue and would be strengthened with more rigorous surveillance and monitoring activities. The CFIA would use information to

  • review overall program effectiveness,
  • review performance indicators and service standards,
  • identify gaps and trends,
  • make improvements to inspection design and delivery, and
  • promote accountability for all partners, including the CFIA.

Next steps

The CFIA is using this feedback to revise its approach. A revised draft improved food inspection model will be posted on the CFIA’s external website for comment beginning March 28, 2013. The CFIA will continue to consult with employees, bargaining agents, consumers, industry, federal partners, provincial and territorial governments and international stakeholders over the winter and spring of 2013. Once the model is approved, the CFIA will introduce changes incrementally, beginning in 2013 through to 2016.

Work is also progressing on several other fronts to better manage food safety risks and to continue to make food safe for Canadians. Work has already begun to develop new food regulations that would allow the Safe Food for Canadians Act to come into force. Additionally, the CFIA is making more information available about the work it does and how it is accomplished, investing in better tools and technology, and developing a more holistic approach to recruiting, training and hiring inspectors.

The CFIA recognizes that this is an ambitious plan but is committed to improving the federal food inspection system in Canada.

The CFIA would like to thank everyone who shared their views and contributed their time to this consultation process.