D-01-06: Canadian Phytosanitary Policy for the Notification of Non-Compliance and Emergency Action
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January 5, 2018
This directive describes the Canadian Food Inspection Agency (CFIA) phytosanitary policy on the issuance of notifications of non-compliance and emergency action.
This directive was revised to remove procedural guidance for CFIA staff. That information has been included in administrative procedural documents, where appropriate.
On this page
- Definitions, abbreviations and acronyms
- 1.0 General requirements
- 1.1 Legislative authority
- 2.0 Issuance of notifications
- 2.1 Notifications of non-compliance
- 2.2 Notifications of emergency action
- 2.3 Timing of notification
- 2.4 Lines of communication
- 2.4.1 Issuance of notifications
- 2.4.2 Receipt of notifications
- 2.5 Language
- 2.6 Re-export
- Appendix 1: Format for notifications issued by the CFIA
This directive will be reviewed as required.
Canada is a contracting party to the International Plant Protection Convention (IPPC), a treaty intended to prevent the introduction and spread of plant pests while facilitating the international trade of plants, plant products and other regulated articles. In order to achieve this objective, the IPPC has a number of obligations for contracting parties.
One such obligation, under Articles VII.2(f) and VII.6, is for the National Plant Protection Organizations (NPPOs) of importing countries to notify the NPPOs of exporting countries in the event of the interception of imported plants, plant products and other regulated articles involving:
- significant instances of non-compliance with specified phytosanitary import requirements, including documentation requirements; and,
- emergency actions that are taken as a result of the detection of a pest posing a potential threat.
Instances of non-compliance and emergency action are conveyed through the issuance of notifications of non-compliance and emergency action. The International Standard for Phytosanitary Measures (ISPM) 13: Guidelines for the notification of non-compliance and emergency action describes the actions to be taken by countries in implementing the IPPC obligation regarding notification.
This directive, which is aligned with ISPM 13, describes the Canadian Food Inspection Agency (CFIA) policy regarding the issuance of notifications of non-compliance and emergency action for plants, plant products and other regulated articles.
ISPM 5 Glossary of Phytosanitary Terms, FAO, Rome (updated annually)
ISPM 13 Guidelines for the notification of non-compliance and emergency action, FAO, Rome, 2001.
New Revised Text of the International Plant Protection Convention, FAO, Rome, 1997
Definitions, abbreviations and acronyms
Definitions for terms used in the present document can be found in the Plant health glossary of terms
1.0 General requirements
1.1 Legislative authority
The Plant Protection Act, S.C. 1990, c. 22
The Plant Protection Regulations, SOR/95-212
2.0 Issuance of notifications
Notifications are intended to facilitate investigation, in the importing country, of the cause of a non-compliance in order to help avoid recurrence. The CFIA employs the form found in Appendix 1 of this directive for notifications of non-compliance and emergency action.
2.1 Notifications of non-compliance
Notifications of non-compliance are intended to help facilitate the investigation of the cause of the non-compliance and to implement the appropriate corrective action. They are generally issued when the non-compliance is considered to be significant. Notifications of non-compliance may be issued under the following circumstances:
- failure to comply with phytosanitary import requirements, including the detection of a specified regulated pest, or evidence of the ineffective application of specified treatments;
- failure to comply with phytosanitary import requirements for certain documentation including absence of phytosanitary certificate, or the presence of an incomplete or fraudulent phytosanitary certificate;
- prohibited consignments or prohibited articles accompanying the consignment; and,
- repeated instances of prohibited articles in small, non-commercial quantities carried by passengers or sent by mail.
2.2 Notifications of emergency action
Notifications of emergency action are issued to inform the NPPO of the exporting country when the importing country has taken emergency phytosanitary actions in new or unexpected phytosanitary situations. Notifications of emergency action are generally issued following:
- the detection of regulated pests not recognized as being associated with the commodity from the exporting country (i.e. CFIA may not have requirements in place for the pest on that commodity from that origin but the pest is regulated by the CFIA on another commodity or from another origin); and,
- the detection of organisms posing a potential phytosanitary threat (i.e. detection of a potential pest never seen before but believed to pose a phytosanitary threat).
In cases of notification of emergency action, the CFIA, as the importing country's NPPO, will issue a notification of emergency action as soon as the regulatory action has been taken. The CFIA will then investigate the new or unexpected phytosanitary situation to determine the need for new or amended import requirements. A report of this investigation will be provided to the NPPO that received the notification.
2.3 Timing of notification
Timely notification allows the exporting country to conduct a proper follow-up action, if required, and also to prevent re-occurrence. Notifications should be provided promptly once phytosanitary action has been taken by the importing country. The CFIA strives to issue notifications within two weeks of the detection of a non-compliant imported consignment or after taking emergency action on an imported consignment. Preliminary notification may be provided should there be a delay in confirming the reason for the notification (e.g. identification of an organism).
2.4 Lines of communication
2.4.1 Issuance of notifications
The CFIA sends the notification to the IPPC Contact Point of the exporting country or, where a contact point has not been identified, to the National Plant Protection Organization of the exporting country, unless bilateral arrangements exist which specify other procedures.
2.4.2 Receipt of notifications
Notifications received by Canada are to be sent to Canada's IPPC Contact Point firstname.lastname@example.org.
The CFIA issues its notifications of non-compliance and emergency action in either English or French.
In cases of non-compliance or emergency action associated with a phytosanitary certificate for re-export, the CFIA will notify the re-exporting country.
Appendix 1: Format for notifications issued by the CFIA
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