National Aquatic Animal Health Import Program - Stream of Commerce Policy

1. Purpose

To establish the Canadian Food Inspection Agency’s (CFIA) strategy for managing the transition to implementation of the coming-into-force date, December 10^th, 2011, of the amendments to the Health of Animals Regulations (herein referred to as the Regulations), for the National Aquatic Animal Health Import Program.

Prior to the regulatory amendments, Canada's $6 billion aquatic animal and seafood sector was vulnerable to trade disruption and loss of market access. Canada's regulations have been strengthened to ensure consistency with international standards and requirements for trade. The aquatic animal health import program is designed to protect and improve Canada's export market access while protecting its aquatic resources from potential foreign disease incursion.

2. Scope

The Aquatic Animal Health Stream of Commerce Policy (herein referred to as the Policy) applies to all regulated aquatic animals (defined as finfish, molluscs and crustaceans) and, in particular, the 405 species of aquatic animals listed in Schedule III of the Regulations that will, as of December 10^th 2011, require documentation—primarily import permits and/or zoosanitary certification from foreign countries, to enter Canada.

The scope of commodities impacted by the new permit requirements, unless exempt,¹ include live aquatic animals and their germplasm imported for all purposes (e.g. aquaculture, bait, research and diagnosis, aquarium trade, food and processing). In addition, permits will be required for dead aquatic animal carcasses, parts of carcasses and their offal that are imported for use as bait, manufacturing of feed, direct feeding to other aquatic animals, research, testing and diagnosis and processing where effluent or offal is produced.

Commodities excluded from the scope of the Regulations include dead aquatic animals that are eviscerated and aquatic animals that are processed, packed or ready to eat.

3. Authority

• Section 18 of the Health of Animals Act
• Part I of the Health of Animals Regulations
• Part XIII, Section 160 of the Health of Animals Regulations
• Part XVI Section 191 - 195 of the Health of Animals Regulations

4. Policy Statement

The CFIA Stream of Commerce Policy will remain in effect for one year following the coming into force of the Regulations. During this period, compliance actions will be educational. Importers will be advised of the requirements for declaration of aquatic animals, documentation requirements (permits and zoosanitary certificates) for aquatic animals listed in Schedule III of the Regulations, and the time frame for the CFIA Stream of Commerce Policy. This approach should result in minimal impact upon trade during this transition period, while maintaining and protecting Canada's valuable resources and export market access.

5. Rationale

Implementation of the import program is a significant change to the regulatory requirements for imports of aquatic animals by Canadians. Importers of all regulated aquatic animals will be required to declare imports of aquatic animals into Canada. Furthermore, importers bringing in a species listed in Schedule III will be required to apply for a permit in advance of the import arrival. Importers will be obligated to ensure that they can meet the CFIA's conditions as described on the permit and will need to obtain a zoosanitary certificate from the foreign country (unless exempt) prior to gaining entrance into Canada. This program also impacts foreign exporters and Competent Authorities in foreign countries who will be expected to provide the CFIA with assurances on the health and disease status of the aquatic animals and products that they export to Canada.

Despite extensive consultation, the CFIA recognizes that some importers and foreign trade partners may still not be aware of the aquatic animal health regulatory changes. The CFIA is anticipating that there will be a significant number of permits issued by the CFIA. This policy is the result of concern expressed by both provinces and industry that a transition period was needed to allow time for industry and brokers to adapt their import businesses and systems to the mandatory scheme. The CFIA recognizes that industries and sectors need time to make the necessary adjustments to achieve full compliance with the new requirements. In addition, there is not broad awareness of the CFIA aquatic animal health requirements in many foreign countries despite engagement and provision by the Agency of the new requirements for zoosanitary certification.

This CFIA policy allows trade without regulatory enforcement for a period of one year subsequent to the coming into force of the Regulations on December 10th 2011. Where requested, permits will be administered and issued to importers; however, this requirement for a permit and/or zoosanitary certificate will not be enforced. This will allow time for continued education and improving awareness of the new regulations and for adaptation and accommodation by importers and foreign countries to the new requirements. The CFIA will maintain its authority to prevent the introduction of foreign animal diseases if required, under section 18 of the Health of Animals Act and Part I of the Regulations.

6. Actions for the Import of Aquatic Animals listed in Schedule III of the Regulations entering Canada until December 2012.

Under the Stream of Commerce Policy, the focus will be on educating importers on the new obligations and requirements for import permits and/or zoosanitary certificates.

Changes will still be made to the CFIA Automated Import Reference System (AIRS) to reflect the import requirements. However, these requirements will not be mandatory until the end of the transition period (December 10^th 2012). Links to the CFIA website with copies of import and zoosanitary requirements will be provided to importers as information only and will include contacts for information. Links to the CFIA website and the Stream of Commerce Policy will also be provided.

During this transition period, the CFIA will focus on improving importer awareness of the new requirements for an aquatic animal health import permit. The CFIA will also be issuing import permits (without enforcement) and advising all importers on where and how to obtain the required permits and other documentation. Importers of aquatic animals arriving at Canadian borders with the required documentation, can import these animals and products into Canada in accordance with the requirements outlined in CFIA's Automated Import Reference System (AIRS). Importers with incomplete or incorrect documentation, or no documentation, will be educated on the requirements by CFIA Operational staff. If importers present documentation that is incomplete or incorrect, they will be advised of the changes or corrections to the documentation that are required. If importers present with no documentation, they will be advised where and how to obtain all documentation required. All importers will be asked to ensure that future imports of aquatic animals meet Canadian requirements, and they will be advised that as of December 10^th 2012 enforcement actions will be taken.

There are exemptions from an import permit for aquatic animals listed in Schedule III. These exemptions are for aquatic animal pets (please refer to sections 192 of the Regulations for more information). During the transition period, the focus will be on improving importer awareness of the new requirements for these exemptions (without enforcement).

As well, during the transition period, the CFIA will verify compliance in accordance with this policy and its statutory authorities found in the Health of Animals Act.

Following the expiration of this policy in December 2012, the CFIA will implement the requirements and enforce as appropriate, according to the Administrative Monetary Penalties Regulations, the Health of Animals Act and the CFIA Enforcement and Compliance Policy.

It is important to note that during this transition period, all existing CFIA import requirements still apply. Importers are also responsible for complying with any other federal, provincial, territorial or municipal requirements.

---

¹ Health of Animals Regulations, Part XVI, Aquatic Animals, Sections 192 and 193 and Importation of Pet Aquatic Animals