Guide to Importing Food Products Commercially

This Guide contains only general information. There is no guarantee, warranty, assurance or anything similar that this Guide contains all information and requirements for the import of food products or that the information contained in this Guide and on the Canadian Food Inspection Agency Website is correct, accurate and complete.

The user assumes all risks and responsibilities for the use of and any reliance on the information in the Guide and the Canadian Food Inspection Agency Website. The Canadian Food Inspection Agency shall not be liable for any loss or damages resulting from or in connection with the use of or reliance on the information.

Disclaimer

The Canadian Food Inspection Agency and the Government of Canada accept no liability for and do not warrant the accuracy or content of information contained in any other site to which this Guide refers. The Canadian Food Inspection Agency is not affiliated with any commercial sites to which reference may be made. The views and opinions expressed in non-Agency sites to which reference may be made do not reflect the views, opinions or policies of the Canadian Food Inspection Agency. Information on non-federal government sites may not be available in both official languages.

INTRODUCTION

The purpose of this Guide is to present an overview of the federal regulatory and policy requirements for the commercial importation of food into Canada. It is designed for importers, consultants and those considering embarking on an import venture.

Legislative Framework

A number of federal acts and regulations govern the importation of food. Section A gives an overview of the applicable legislative framework, with Appendix I providing more detailed information regarding the specific acts and regulations. However, this Guide is not intended to replace any federal regulations. It is recommended that importers consult the actual legislation where appropriate.

Federal and Provincial Agencies and Departments

The regulation of the importation of food into Canada is the shared responsibility of several federal agencies and departments. The primary federal bodies involved are the Canadian Food Inspection Agency, Canada Border Services Agency and the Department of Foreign Affairs and International Trade. Section B provides a brief description of the mandates and working arrangements of these and other federal departments involved in food regulation.

Requirements for Imported Foods

Section C outlines the overall responsibility of the importer to ensure that products imported into Canada comply with all Canadian requirements. It also provides information on how to register an import business and identifies some of the books and records that an importer should maintain.

Import Procedures and Tariff Rate Quotas

Section F briefly summarizes import procedures and Customs programs designed to process goods efficiently and shorten the transit time at the border.

Since certain agricultural goods are subject to import controls through tariff rate quotas, Section G explains the tariff rate quota system.

Universal Product Code (UPC)

SECTION A - Canadian Food Legislation

The Food and Drugs Act and Regulations is the primary legislation that applies to all food sold in Canada, whether imported or domestic. This legislation sets out minimum health and safety requirements, as well as provisions preventing fraud or deception (labelling, composition, packaging, treatment, processing, sale and advertising).

Various statutes contain standards or specifications that complement or further define the food standards set out in the Food and Drugs Act and Regulations. The Consumer Packaging and Labelling Act and Regulations, for example, establish labelling and net quantity requirements for consumer packaged goods for sale in Canada. The Canada Agricultural Products Act and associated Regulations, the Fish Inspection Act and Regulations and the Meat Inspection Act and Regulations also contain food standards. However, these statutes are primarily intended to ensure the marketability of food products traded internationally and interprovincially, through a combination of safety, quality and grading standards.

Several federal statutes are designed to protect Canadian agriculture, fish stocks, forestry, industry and wildlife from the introduction of animal and plant diseases and pests: the Health of Animals Act and Regulations, the Plant Protection Act and Regulations, and the Fish Health Protection Regulations of the Fisheries Act. These statutes restrict the importation of certain foods from specific areas of concern or require phytosanitary certificates, permits or other documentation.

To permit the Canadian Food Inspection Agency (CFIA) to take effective enforcement action against importers and domestic companies marketing products that do not meet Canadian regulatory standards, the Agriculture and Agri-Food Administrative Monetary Penalties Act will allow regional CFIA officials to issue monetary penalties for non-compliance with provisions of the seven agri-food Acts to which this legislation applies.

Appendix I of this Guide provides brief descriptions of these and other federal statutes relevant to the importation of food. The list, however, is not exhaustive. There may be health and safety requirements in other federal or provincial acts.

Key Federal Legislation

SECTION B - Government Agencies and Departments Responsible for Imported Food

While federal responsibility for food inspection resides primarily with the Canadian Food Inspection Agency, other departments play a role in the regulation of the importation of food. The Department of Foreign Affairs and International Trade, while not directly involved in the inspection of goods, controls the importation of certain agricultural products through the application of the Export and Import Permits Act and tariff rate quotas (TRQs).

Some departments and agencies involved in the inspection of food, Canada Border Services Agency for example, aid the Canadian Food Inspection Agency in enforcing Canadian food regulations, while others have wider mandates that include food. An example of the latter is Environment Canada, which administers the Convention on International Trade in Endangered Species of Wild Fauna and Flora for all products, including food products when from species of animals and plants listed under this convention.

Canadian Food Inspection Agency

The Canadian Food Inspection Agency provides all federal inspection services related to food safety, economic fraud, trade-related requirements, animal and plant disease and pest programs. This consolidation of responsibilities into a single agency is designed to enhance food safety systems by integrating the delivery of inspection and quarantine services that had previously been provided by other departments.

All those involved in the production of food or in the import or export of food, live animals or plants are now able to deal with a single agency for inspection and quarantine services.

To meet its mandate, CFIA administers and/or enforces the following acts:

* as it relates to food

The Canadian Food Inspection Agency provides a Single Access Food Labelling Service with offices located across the country. The Service acts as the single federal contact point for food labelling information and provides a food label review service.

Canada Border Services Agency

Canada Border Services Agency assists other government departments in the administration and enforcement of their legislation as it applies to imported products. The Customs Act provides the legislative authority for Customs inspectors to detain goods that may be in contravention of the Customs Act, or any other act or regulation governing the import or export of goods.

Foreign Affairs and International Trade

The Export and Import Controls Bureau of the Department of Foreign Affairs and International Trade is responsible for the issuance of permits for goods on the Import Control List and Export Control List under the authority of the Export and Import Permits Act. The following agricultural products are or will be subject to controls: