18.7.3 Step 3 - Assign Compliance Level

Each task is assigned a level of compliance and rated accordingly. Based on the information gathered during the completion of a verification task, inspectors assign one of the following levels of compliance:

Acceptable level of compliance (task rated "A")
Unacceptable level of compliance (task rated "U")

18.7.3.1 Acceptable Level of Compliance (A)

The level of compliance is acceptable when the information gathered demonstrates:

  • There are no deviations that:
    • could cause or have caused product contamination or adulteration;
    • affect the integrity of the HACCP system or other control programs;
    • represent fraud;
    • affect animal welfare or health; and
    • contravene requirements related to CFIA Inspector facilities and/or stations.
  • There are no deviations to the applicable export requirements.

The inspector may identify minor items that have no impact on food safety and/or do not compromise the intent of applicable legislation. In this case, the level of compliance is still considered Acceptable and the task is rated "A".

Documentation of these items is required if there is an added value (this means that the inspector determines that a follow-up is required and that keeping track of these items will demonstrate trends of non-compliance). These items are documented on the Verification Worksheet and presented to the operator in the Verification Report.

18.7.3.2 Unacceptable Level of Compliance (U)

The level of compliance is unacceptable when the information gathered demonstrates:

  • There are deviations to the applicable regulatory requirements or HACCP system that:
    • could cause or have caused product contamination or adulteration;
    • affect the integrity of the HACCP system or other control programs;
    • represent fraud;
    • affect animal welfare or health; and
    • contravene requirements related to CFIA Inspector facilities and/or stations.
  • Deviations to applicable export requirements.

Whenever a verification task is rated as "U"* a CAR must be issued as per section 18.7.4.3.

*When non-compliance is identified that is related to an open CAR, see section 18.7.2.3.

18.7.3.3 Guidance for Assigning a Level of Compliance

Inspectors must assess all of the information gathered prior to assigning a compliance level to a task. Every situation has to be assessed based on the context and using professional judgment to make compliance determinations.

What is meant by "deviations that could cause product contamination or adulteration"?

The operator's HACCP system failed to identify and/or control a biological, chemical or physical hazard in a product or in an environment which may compromise the safety of the product being produced. For example:

  • employees in contact with product are not adhering to hygienic practices;
  • not doing a full clean up after processing products that contain allergens;
  • not controlling condensation on overhead structures in a processing area;
  • cross-contamination of raw and cooked products;
  • allowing inedible material to come in direct or indirect contact with edible product;
  • not controlling evisceration accidents resulting in contamination of equipment, employees and/or area;
  • floors and walls that cannot be adequately cleaned due to overcrowded conditions;
  • lighting that is not adequate to enable establishment employees to determine whether a substance on product is fecal material;
  • temperature abuse of product which could allow an increased bacterial load;
  • thermal process critical limit not met and no action taken by the operator; and
  • improperly labelling allergens.

What is meant by "product adulteration"?

As per the definition of "adulterated" in section 2(1) of the MIR:

"adulterated" means, in respect of a meat product intended for sale, use or consumption as an edible meat product in Canada,

  • (a) containing or having been treated with
    • (i) a pesticide, heavy metal, industrial pollutant, drug, medicament or any other substance in an amount that exceeds the maximum level of use prescribed by the Food and Drug Regulations,
    • (ii) an ingredient, a food additive or any source of ionizing radiation not permitted by or in an amount in excess of limits prescribed by these Regulations or by the Food and Drug Regulations,
    • (iii) any poison, decomposed substance or visible contamination, or
    • (iv) any pathogenic microorganism in excess of levels published in the Manual of Procedures.

What is meant by "compromises the integrity of the HACCP system"?

Deviations from the design or the implementation of the HACCP system which results in situations in which identified hazards are not controlled. For example:

  • The operator is not performing the monitoring and/or verification procedures at the frequencies specified in the CCP or prerequisite program which results in a loss of control of the identified hazard.
  • The operator is not conducting the monitoring and/or deviation procedures as specified in the CCP which results in a loss of control of the identified hazards.
  • The operator is following its written HACCP system but it is not effective to meet the regulatory requirements.
  • The operator is producing new products and the HACCP system has not been reassessed which results in situations in which hazards are not controlled.

What is meant by "compromises the integrity of other control programs"?

Deviations from the design or the implementation of a control program required as per the Meat Hygiene Manual of Procedures which results in situations in which potential hazards are not controlled or in deceiving consumers on the quality of a food product. For example:

  • The operator is not following its Boneless Meat written program which results in a loss of control of the quality of the food product.
  • The operator is not following the Modernized Poultry Inspection Program (MPIP) presentation control program which results in situations in which potential hazards are not controlled.

What is meant by "fraud"?

Violation of regulations which result in deceiving consumers on the nature, origin, quality or quantity of a food product. For example:

  • false labelling information;
  • AA meat packaged in boxes labelled AAA; and
  • pork and beef sausages labelled as all beef sausages.

What is meant by "affects animal welfare"?

Violation of regulations which result in:

  • inhumane treatment of animals in the yard/barn; and
  • inhumane stunning or bleeding of animals.

What is meant by "affects animal health"?

Related to ante-mortem inspection:

  • failure to segregate animals exhibiting signs of foreign animal diseases (FADs) - for example in hogs, vesicular lesions on the snout; and
  • failure to train plant staff perform ante-mortem inspection or screening for possible FAD or zoonosis.

Related to livestock traceability:

  • failure to record and report any identification or tag numbers or animals coming through the premise (required under the National Identification Regulations of the Federal Health of Animals);
  • failure to keep records or respond to deviations in livestock identification and or Poultry Flock Sheets; and
  • failure to identify and keep records for vehicles used to transport animals.

Related to specified risk material (SRM):

  • failure to implement an effective program to exclude SRM from animal feeds, pet foods and fertilizers.

Related to biosecurity:

  • failure to ensure that poultry crates and transport vehicles are free of visible organic matter when leaving the establishment; and
  • failure to maintain a foreign animal disease contingency plan.

Related to special situation disease control or depopulation:

  • failure to comply with regulations when slaughtering animals under special order or licence (e.g. cervid slaughter, animals designated by animal health as "of concern", TB reactors); and
  • failure to identify those animals transported under permit or special A.H. circumstance.

What is meant by "contravenes requirements related to CFIA Inspector facilities and/or stations"?

Deviations that result in:

  • occupational Safety & Health of inspectors being compromised;
  • ergonomic considerations being compromised;
  • impeded and unsafe access to travel from inspection stations to other areas of the establishment; and
  • failure to provide amenities as prescribed by the Meat Inspection Regulations, 1990 and detailed in the Meat Hygiene Manual of Procedures.

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