Imported Food Sector Regulatory Proposal
Background Information

The Canadian Food Inspection Agency is seeking feedback on a regulatory proposal to enhance import controls. This proposal may directly affect you if you import food products in the Non Federally Registered Sector (NFRS). These products include all food and food ingredient regulated solely under the Food and Drugs Act and account for 70% of the food products available in the Canadian marketplace such as:

This regulatory proposal is part of Canada's Food and Consumer Safety Action Plan that was announced by Prime Minister Stephen Harper on December 17, 2007. One of the objectives of this plan is to enhance Canada's food safety system for imported food products in the NFRS by modernizing legislation and enhancing program measures.

The proposal targets imported NFRS products. However, the Government of Canada intends to continue modernizing its legislative framework as it pertains to food. In the future, this may include the modernization of legislation pertaining to domestic manufacturers of NFRS products.

As a first step toward further strengthening the legislative framework for NFRS products, the CFIA is proposing to enhance controls of these imported products for the following reasons:

• Over 70% of food products sold in Canada are imported and most of the domestic products contain imported ingredients. These products and ingredients are imported from more than 190 countries which have varying levels of food safety controls,
• An increase in the complexity of global marketing and mass distribution networks means that the scope and impact of failures in food safety systems can be widespread,
• Food safety incidences involving products imported into Canada have increased over the last 5 years (e.g. E. coli in spinach, melamine in milk products, Salmonella in peanut butter and hydrolyzed vegetable protein),
• Canadians have expressed concerns with respect to the safety of imported food products.

The intent of this regulatory proposal is to:

• Better identify and engage regulated parties importing food products and ingredients in the NFRS,
• Enhance verification of compliance with food safety requirements,
• Minimize the risk of unsafe products entering the Canadian marketplace.

In addition, it is intended to allow the CFIA to:

• Target resources to areas of greatest risk and concern,
• Facilitate a proactive approach to prevent the marketing of unsafe imported food,
• Respond rapidly in order to better manage food safety issues when they occur.

This proposal is designed to strengthen the accountability of the importers for safety of the food products in the NFRS. It would also enhance the CFIA's ability to communicate important food safety information to potentially affected parties (so that a food safety incident can be avoided or managed more effectively). Moreover, it would help to reduce costly and potentially reputation damaging events for importers and would position importers to better trace any unsafe products and remove them rapidly from the marketplace.

Once the proposed regulations enter into force, NFRS products that fall with their scope would be known as the Imported Food Sector (IFS).

The current proposal for the future IFS contains two parts, general provisions and licensing provisions. The general provisions establish minimum food safety and labelling requirements for imported food. The licensing requirements would make it mandatory for anyone importing IFS products into Canada have a licence to do so.

In addition to further enhancing the safety of Canada's food supply, it is expected that this proposal would provide a more level playing field among those importing NFRS products into Canada as they would all have to comply with the same requirements and be held to the same standard.

As the Food and Drugs Act does not provide all the authorities needed to establish a comprehensive Canadian food safety control program as envisioned by the Food and Consumer Safety Action Plan, the proposed regulations would fall under the Canada Agricultural Products Act in order to make use of the licensing authorities in that legislation.

The CFIA is seeking stakeholder feedback on the regulatory proposal, with a view to gauging the level of support for the initiative being considered and identifying any suggestions for alterations to the proposal.

Related information

• CFIA - Guide to Importing Food Products Commercially
• CFIA - Good Importing Practices for Food
• CODEX Alimentarius - Guidelines for Food Import Control Systems
• CODEX Alimentarius - Code of Ethics for International Trade in Food
• CBSA - Importing Commercial Goods Into Canada