Annex J-2

Operating procedures for processing of returns of exported edible meat and meat products

1.A Application request for meat products returning from USA

1.0 Document review and processing at the Import Service Centre (ISC), Area Meat Programs Manager or Area Meat Programs Import Coordinator

1.1 Documents to be submitted to the ISC by the applicant for initial documentation processing.

  • Faxed copy of ANNEX J: APPLICATION TO RETURN CANADIAN PRODUCTS EXPORTED TO THE USA
  • Faxed copy of CFIA/ACIA 4546: OFFICIAL MEAT INSPECTION CERTIFICATE FOR FRESH MEAT, MEAT BY-PRODUCTS, MEAT FOOD PRODUCTS, AND POULTRY PRODUCTS
  • Faxed copy of FSIS Form 9840-3: REFUSED ENTRY NOTIFICATION or FSIS Form 9135-3: CERTIFICATE FOR EXPORT OF MEAT AND POULTRY PRODUCTS

1.2 Document review and processing

1.2.1 If all documents are not available, do not proceed, contact the applicant to provide all the necessary documents, if not available then forward all received documents to the Area Meat Programs Manager or Area Meat Programs Import Coordinator of the destination who will review the request and establish the conditions applicable to the return of the product.

1.2.2 If all documents are present continue.

1.2.3. ANNEX J: Ensure that all fields of PART 1 are appropriately completed by comparing the information on the annex with the information found on the other documents. The name of the applicant in PART 1 of the ANNEX J must be the Canadian exporter on the attached CFIA/ACIA 4546 accompanying the return application. If the name of the applicant is different than the Canadian exporter, it is not considered a Canadian shipment returning but is considered as an imported product. In this case, please refer to the procedures for imported products in Chapter 10 of the Meat Hygiene Manual, Section 10.3.

1.2.4. ANNEX J: Print and sign your name, title and date of acceptance in PART 2 of the annex.

1.2.5. If a copy of the FSIS Form 9135-3 accompanies the request to return the product, DO NOT input information into the Import Control and Tracking System (ICTS) and do not generate a handwritten invoice. The FSIS Form 9135-3 is on an official letterhead issued by a USDA official veterinarian with a statement that certifies that: "The product originated in Canada. The product has been under USDA control for the duration of its stay in the United States".

1.3 Document distribution by the ISC or Area Meat Import Coordinator:

  • Return by fax a copy of the signed Annex J to the applicant and to the Inspector in Charge of the exporting establishment.
  • Fax the signed copy of Annex J and all other documents to the Inspector in Charge of the destination (inspection establishment).
  • Fax a signed copy of Annex J and all documents to the Meat Program Manager or Meat Program Import Coordinator of the area of the destination.
  • Fax a signed copy of Annex J to the Import Service Centre of the Port of Landing.

1.B Application request for meat product returning from countries other than the USA

1.0 Document review and processing at the ISC

1.1 Documents submitted to the ISC by the applicant for initial documentation processing must be forwarded to the Area Meat Programs Manager or Area Meat Programs Import Coordinator office for review and processing. Do not process requests for meat products returning from country other than the USA. These requests are to be submitted directly to the Area Meat Programs Manager or Area Meat Programs Import Coordinator by the applicant.

1.2 The Area Meat Programs Manager or Area Meat Programs Import Coordinator will notify the appropriate ISC (port of landing) of the import conditions once the review has been completed.

2.A Review process at arrival (port of landing) of meat products returning from the USA

2.0 Document review and processing at the Import Service Centre of port of landing.

2.1 Documents to be delivered to the ISC by the broker/importer for import documentation processing.

  • Faxed copy of CFIA/ACIA 4546: OFFICIAL MEAT INSPECTION CERTIFICATE FOR FRESH MEAT, MEAT BY-PRODUCTS, MEAT FOOD PRODUCTS AND POULTRY PRODUCTS.
  • CFIA-ISC fax cover sheet - "request for approval for release"
  • Manifest or cargo control document
  • Annex J and conditions/instructions issued by the Area Meat Programs Manager or Area Meat Programs Import Coordinator as applicable

2.2 If all documents are not present - do not proceed, contact broker/importer to provide all the necessary documents.

2.2.1 If all documents are present then proceed.

2.2.2 Compare the quantities and commodity description listed on the certificate with the manifest or cargo document and the signed Annex J received from the authorizing primary contact or Area Meat Programs Manager representative or Area Meat Programs Import Coordinator who evaluated the initial document review.

2.3 If any of the above verifications show a non-compliance, contact the Area Meat Programs Manager or Area Meat Programs Import Coordinator for instructions.

2.3.1 If the above verification shows compliance, stamp the cover sheet. Do not input information into the Import Control & Tracking System. Do not generate an invoice.

2.4 Document distribution

2.4.1 Documents to be faxed to the broker/importer

  • a copy of the stamped cover sheet

2.4.2 Documents to be faxed to the appropriate CFIA - Port of Landing if deemed necessary

  • a copy of the stamped cover sheet
  • a copy of Annex J
  • a copy of the cargo control or manifest.

2.4.3 Documents to be faxed to the Inspector in Charge of destination for inspection.

  • a copy of Annex J and the transmittal notice.

2.4.4 Documents to be faxed to the Area Meat Programs Manager or Area Meat Programs Import Coordinator

  • a copy of Annex J and the transmittal notice.

2.5 Procedure to follow by the CFIA at meat inspection establishment as per Chapter 11 Section 11.7.3 USA (7)

When returning refused products to Canada, the USDA Import Inspector will seal the truck. The applicant must inform all concerned not to break the USDA seal until permission is obtained from a CFIA inspector.

Procedure to follow at the receiving establishment:

  • The truck should arrive sealed (USDA or CFIA seals).
  • Verification of documentation to ensure that it is complete and positively identifies the shipment. The inspection should not be conducted until the documents accompanying the shipment have been verified and found to be satisfactory.
  • Returned products must be kept under CFIA control until the inspection and disposition is completed. The reason for the refusal will determine the level of inspection. See section 4.9 of Chapter 4 for more information. After inspection, the CFIA inspector will complete form CFIA/ACIA 2367, "Exported shipments of Canadian Products returned by the importing country" (Introduction - Annex K). For details see 11.5 of the introduction.
  • For USA refusal only: The reason for refusal is detailed on the FSIS documents that will accompany the shipment. At the time of refusal, the USDA Import Inspector will complete sections "A", "B", "C" and "E" of Form FSIS Form 9135-1 (Notice of Shipment of Refused Entry Product) and will enter the USDA seal number. The original of FSIS Form 9135-1, a copy of CFIA/ACIA 4546, a copy of FSIS Form 9840- 3 (Refused Entry Notification) and a pre-addressed envelope marked "Attention: Canadian Inspector" will be placed inside the truck returning to Canada.
  • For USA refusal only: The Inspector in Charge of the Canadian establishment where the product is being returned must sign section "D" of Form FSIS 9135-1 and mail or fax it to the address or fax number in section "E". A copy is to be kept by the inspector confirming that the form was sent to USDA and the date it was sent.
  • Once the inspection of the product is concluded, form CFIA/ACIA 2367 is completed and sent to Area Meat Programs Manager or Area Meat Programs Coordinator together with other pertinent documents. The Area Meat Programs Manager or Area Meat Programs Coordinator will review the documentation, ensure that it is complete (export certificate, form FSIS 9840.3, 9135-1 or 9135-3, Annex J, detailed inspection report (CFIA/ACIA 2479) and a letter from the operator of the producing establishment giving the corrective measures taken as necessary) and that all necessary measures have been taken and will forward it afterwards to the Director Meat Programs Division (MPD).

Other considerations:

  • The inspection shall be carried out as soon as possible after the return of the product.
  • Meat products returned because of failure to meet the USDA/FSIS requirements or found with defects when inspected in Canada shall not be re-certified for export unless the product has been reconditioned and subsequently packaged and labelled to the satisfaction of an inspector. Products returned as a result of failure to a laboratory analysis for biological or chemical residue violation shall not be re-exported.
  • It is important that the above described procedures be followed as closely as possible and that all documents are completed and forwarded with as little delay as possible.
  • No matter what the reasons for refusal given by the importing country are, a reinspection of this type of product must be done by an inspector before any decision is taken with regard to the product. If the shipment has been refused due to problems with labelling or documentation, reinspection should be performed on a square root sample to ensure that the product has not deteriorated during transportation. In those instances where the product has been refused entry to another country by reason of an unsatisfactory condition, (e.g. spoilage, contamination, pathological conditions, improper processing, damaged or rusted cans, etc.), the returned shipment should be reinspected in its entirety or until sufficient product has been examined, to determine that there is no alternative but total condemnation of the shipment. If condemned, the product must not leave the establishment at which the reinspection is performed until sterilized or denatured prior to treatment, as per section 14 of the Regulations. Shipments refused entry and returned because of the detection of residues should be dealt with as indicated in Chapter 5.
  • Inspection procedures: see Chapter 4 (Annex F) of Meat Hygiene Manual for red meat or Chapter 19 (Annex E) for Poultry.
  • Composition and labelling must be taken into account by the inspector when deciding on whether corrective action is required prior to final disposition.

2.B Review process at arrival (port of landing) for meat products returning from countries other than the USA

2.1 Documents to deliver to the ISC by broker/importer for import documentation processing.

  • Faxed copy of CFIA/ACIA 1454: CERTIFICATE OF INSPECTION COVERING MEAT PRODUCTS.
  • CFIA-ISC fax cover sheet - "request for approval for release"
  • Manifest or cargo control document
  • Annex B-1

2.2 If all documents are not present - do not proceed, contact broker/importer to provide all the necessary documents.

2.2.1 If all documents are present then proceed

2.2.2 Compare the quantities and commodity description listed on the certificate with the manifest or cargo document and the signed Annex B-1 received from the authorizing representative of APND who coordinated the initial document review.

2.3 If any of the above verifications show a non-compliance, contact the APND for instructions.

2.3.1 If the above verification shows compliance, stamp the cover sheet. Do not input information into the Import Control & Tracking System. Do not generate an invoice.

2.4 Document distribution

2.4.1 Documents to be faxed to the broker/importer

  • a copy of the stamped cover sheet

2.4.2 Documents to be faxed to the appropriate CFIA - Port of Landing if deemed necessary

  • a copy of the stamped cover sheet
  • a copy of Annex B-1
  • a copy of cargo control or manifest.

2.4.3 Documents to be faxed to the Inspector in Charge of destination for inspection.

  • a copy of Annex B-1 and the transmittal notice

2.4.4 Documents to be faxed to the APND of area of the destination.

  • a copy of Annex B-1 and the transmittal notice

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