Annex J-2: Operating Procedures to Import Meat Products That Have Been Exported Out of Canada

1. Application Request for Meat Products Returning From the United States of America (USA)

Note: This document only pertains to USA shipments. Returns from other countries require completion of Annex B in Chapter 11, Meat Hygiene Manual of Procedures (MOP)

1.0 Document Review by the Area Import Meat Programs Specialist (AIMPS)

• Documents to be submitted to the AIMPS by the applicant for initial documentation processing.
• Documentation required for United States Department of Agriculture (USDA) refusals:
  • Fax or email copy of Annex J, Chapter 11, MOP: Application to Return Canadian Products Exported to the USA (note: only the Canadian exporter listed on CFIA/ACIA 5733 can apply to bring brought back to Canada).
  • Fax or email copy CFIA/ACIA 5733: Official Meat Inspection Certificate for Fresh Meat, Meat By-Products, Meat Food Products, and Poultry Products with all Annexes issued-scanned copies.
  • Fax or email copy of Food Safety Inspection Services (FSIS) Form 9840-3: Refused Entry Notification or FSIS Form 9135-3: Certificate for Export of Meat and Poultry Products.

Documentation required for Customer Refusals /Voluntary Returns (passed USDA inspection)

• Fax or email copy of Annex J Chapter 11, MOP: Application to Return Canadian Products Exported to the USA (note: only the Canadian exporter listed on CFIA/ACIA 5733 can apply to bring back to Canada)
• Fax or email copy of CFIA/ACIA 5733: Official Meat Inspection Certificate for Fresh Meat, Meat By-Products, Meat Food Products, and Poultry Products with all Annexes issued-scanned copies

In addition:

When the USDA cannot certify product has been under their continuous supervision while in the USA, a written guarantee from the applicant stating:

• the product is not condemned in the United States;
• the product is in its original, fully marked containers; and
• the immediate product containers do not show any evidence of deterioration or temperature abuse

Documentation required to return a lot of product sampled by the FSIS for laboratory analysis

FSIS will only permit return of product sampled for laboratory analysis under conditions below:

• The product is fresh, not frozen and packaged in a manner that will compromise the quality of the product (e.g. open combos, not vacuumed packed) if held in the USA pending reporting the result of the laboratory analyses.
• The sampling is assigned at the normal level of inspection (i.e. not sampled at intensified level of inspection).
• The FSIS inspection personnel at the official import inspection establishment where product was presented for inspection are presented with a copy of the CFIA Annex J Application to Return Canadian Products Exported to the USA, with Parts 1 and Part 2 completed.
• Fax or email copy of Annex J: Application to Return Canadian Products Exported to the USA, the reason for the return is stated, laboratory sampling-test and hold, as well as the date and USA import establishment where the sampling occurred is identified.
• Fax or email copy of CFIA/ACIA 5733: Official Meat Inspection Certificate for Fresh Meat, Meat By-Products, Meat Food Products, and Poultry Products with all Annexes issued-scanned copies

1.2 Document Review and Annex J Approval (Area Office by the AIMPS)

1.2.1 If all documents are not available, do not proceed, contact the applicant to provide all the necessary documents.

1.2.2 If all documents are present continue.

1.2.3 AIMPS will ensure all fields of Part 1 of Annex J 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 Annex J must be the Canadian exporter on the attached CFIA/ACIA 5733 accompanying the return application. If different, then is considered a regular imported commercial shipment not a return.

1.2.4 If product is returning to Canada because lot was sampled by FSIS for laboratory analyses, the AIMPS will verify the product is not refused entry and the location of the USA import establishment where sampling occurred is identified on Annex J.

1.2.5 If return is not authorized, the AIMPS will stamp Annex J refused entry and distribute documents as described in 1.3 of this Annex.

1.2.6 If all documents are complete and the product authorized to return to Canada, the AIMPS will assign an approval number for the shipment to return to Canada. The AIMPS will write the approval number on the Annex J in the top right hand corner.

1.2.7 The AIMPS will print and sign name, title, email address and date of acceptance in Part 2 of the Annex. Results for lots sampled for laboratory results in the USA will be emailed to this email address.

1.2.8 The AIMPS will identify the inspection establishment number in Canada where shipment must be presented for inspection upon arrival in Canada.

1.2.9 If product returning to Canada under specific conditions, further direction by the AIMPS will be written in the "Other conditions" box on Annex J. If product is returning because the lot was sampled by FSIS for laboratory analysis, the AIMPS will write "to be stored or processed under the operator's control until satisfactory test results received". When submitting Annex J for product that was sampled by FSIS, the exporter must provide an attestation that the operator has a CFIA approved control program before the return can be approved.

1.3 Document Distribution by the AIMPS

1.3.1 The AIMPS will fax a copy of the approved Annex J to the applicant.

1.3.2 A scanned copy of the approved Annex J and CFIA/ACIA 5733 will be emailed to the CFIA National Import Service Center (NISC).

1.3.3 A scanned copy of the approved Annex J and CFIA/ACIA 5733 will be emailed to the CFIA veterinarian/inspector at the originating establishment and destination establishment if different than originating establishment. The email may include additional information to the inspector/veterinarian including level of inspection and/or any other shipment specific details. In the case of products returning because lot was sampled by FSIS for laboratory analyses, the AIMPS will note: "returned product to be stored or processed under the operator's control until satisfactory results are received".

2. Clearance by CFIA National Import Service Center (NISC)

2.1 Applicant to submit the following documents to the NISC for final CFIA clearance:

2.1.1 Faxes the completed CFIA/ACIA 5272, Request for Documentation Review, including the 14 digit transaction number obtained from the Canadian Border Services Agency (CBSA) to the NISC.

2.1.2 Faxes approved copy of the Annex J signed by the AIMPS to the NISC.

2.1.3 The NISC import specialist will compare the approved Annex J emailed by the AIMPS with the transaction copy submitted by applicant. If copies are the same, the NISC import specialist will proceed with final release/approval of the transaction. The bottom right hand corner of the CFIA/ACIA 5272, Request for Documentation Review will be stamped approved and dated the day they approved the transaction.

2.1.4 The NISC import specialist will fax the stamped approved CFIA/ACIA 5272, Request for Documentation Review to the applicant. The applicant is responsible for getting a copy of this document to the carrier for presentation to the CBSA for clearance into Canada.

3. Applicant Clearance Procedures at the Canadian Border

3.1.1 Applicant to obtain clearance from the CBSA to return product to Canada.

3.1.2 Present stamped approved CFIA/ACIA 5272, Request for Documentation Review to CBSA as proof the CFIA approved return of shipment to Canada

3.1.3 Proceed directly to the inspection establishment identified on Annex J for inspection and disposition by the CFIA inspector at the inspection establishment.

4. Receiving at a CFIA Inspection Establishment

4.1.1 Shipment to arrive at inspection establishment by the date and time indicated on the Annex J. If shipment delayed for any reason, applicant to contact the CFIA inspector at receiving establishment to notify them of the delay and the new anticipated time of arrival.

4.1.2 As soon as shipment arrives at the establishment, the CFIA inspector shall be notified of its arrival. The truck should not be received until permission granted from inspector/veterinarian at receiving establishment.

4.1.3 The CFIA inspector/veterinarian will notify the CFIA area office, Area Export Meat Program Specialist (AEMPS) and AIMPS that the shipment has returned to the CFIA inspection establishment.

4.1.4 For refused shipments: where the FSIS issued a 9135-1, the AEMPS or AIMPS will electronically notify the FSIS officer who originally emailed the 9135-1, the shipment has returned to the receiving establishment in Canada.

4.1.5 The CFIA inspector/veterinarian will verify paperwork is present and the truck arrived sealed, if required

4.1.6 CFIA inspector/veterinarian will ensure documentation 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.

4.1.7 Returned products must be kept under CFIA control until the inspection and disposition.

4.1.8 The CFIA inspector will perform a full inspection on the exported product returned to Canada. The level and type of inspector performed will be based on the reason for return and any other special instructions as prescribed by the AIMPS and described on Annex J and/or any other special instructions as indicated in the AIMPS email notification.

4.1.9 When an exporter elects to return product to Canada because the shipment was selected by FSIS for routine laboratory analysis, there are 3 options for the management of the shipment while awaiting receipt of the results as outlined below:

1. The operator may hold as fresh or may freeze the product at the establishment selected by the exporter as identified on the "Application to Return Canadian Product Exported to the USA", Annex J, until acceptable results are received from FSIS.
2. Provided that the product sampled by FSIS remains under the operator's control, the operator may further store (including freeze) or process the returned product at this establishment but must not release it into commerce until acceptable results are reported by FSIS.
3. Provided that the product sampled by FSIS remains under the operator's control, the operator may also send the returned product to another federally registered establishment for storage or further processing but must not release it into commerce until acceptable results are reported by FSIS.

The shipment must remain intact and is not allowed to be divided into sublots until acceptable laboratory results have been received.

Regardless of the option selected by the operator for product that has returned to Canada, FSIS requires that CFIA maintain official control of the product, including any that is further processed in Canada until the FSIS laboratory results are received. When satisfactory lab results are received the shipment may be released.

In order to maintain official control of the product, it is the operator's responsibility to develop, implement and maintain effective written procedures within their HACCP system for ensuring the prevention of further distribution before FSIS has provided the laboratory test results. The written procedures must be reviewed and found acceptable to the responsible CFIA inspector prior to the request to return the product. The following components must at least be included in the operator's HACCP system:

• The products must be clearly identified, put on hold and be isolated in a designated storage area until receipt of FSIS laboratory test results.
• If the product is processed while waiting for the FSIS laboratory test results:
  • The method to trace the product during the processing steps.
  • Any segregation procedures to follow during processing.
• If the product is shipped to another federally registered meat establishment for further processing or storage:
  • The control procedures at the shipping step (Note: The name and registration number of the receiving establishment must be provided to the CFIA before shipping. The receiving establishment must meet the same requirements as described above)

If FSIS reports a failed test result, the meat products would not meet the import country requirements and would be ineligible for export to the US, regardless of the options chosen. In such a situation, the CFIA must provide FSIS with written assurances that the all product is accounted for and will not be re-exported to the USA. If FSIS reports a negative test result and the product is to be re-exported, the product must be recertified for export. The CFIA will verify that US import conditions are met and issue a certificate in accordance with established procedures.

4.1.10 For shipment refused by USDA: 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", "E" of form FSIS 9135-1, Notice of Shipment of Refused Entry Product, and will enter the USDA seal number. The original of FSIS Form 9135-1, copy of the CFIA/ACIA 5733, 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.

4.1.11 Once inspection of the product is concluded, the CFIA inspector is to complete form CFIA/ACIA 2367, Exported Shipments of Canadian Meat Products Returned to Canada, including details of inspection and disposition of product along with any other pertinent documents to the AIMPS. If shipment was refused by the USDA, a letter from the operator of the producing establishment giving corrective measures they have taken to prevent future occurrences should be included as part of the documentation package.

4.1.12 Meat Products returned because of failure to meet USDA/FSIS requirements or defects were found 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 a failure to a laboratory analyses for biological or chemical residue violation shall not be re-exported.