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Guide to Importing Food Products CommerciallySections A-G | Appendixes I - IV APPENDIX IFederal Legislation
Agriculture and Agri-Food Administrative Monetary Penalties Act (AMPs) The Agriculture and Agri-Food Administrative Monetary Penalties Act (AMPs) establishes a system of administrative monetary penalties for the enforcement of the following acts: the Canada Agricultural Products Act, the Feeds Act, the Fertilizers Act, the Health of Animals Act, the Meat Inspection Act, the Plant Protection Act, and the Seeds Act. Canada Agricultural Products Act and associated Regulations (CAP Act) The Canada Agricultural Products Act (CAP Act) and associated Regulations are designed to set national standards and grades for agricultural products and to regulate the marketing of agricultural products in import, export, and interprovincial trade. They provide for the licensing of dealers in agricultural products; the inspection, grading, labelling, and packaging (including standardized sizes) of regulated products; the registration of establishments; standards governing the construction, maintenance and operation of establishments; and mechanisms to settle disputes over transactions between dealers of fresh fruits and vegetables. The following regulations fall under the CAP Act:
Canadian Food Inspection Agency Act (CFIAA) This Act established the Canadian Food Inspection Agency. Its purpose is to:
The CFIAA sets out the responsibilities, accountability regime, organization, human and financial resources regime, powers and reporting framework of the Agency. Consumer Packaging and Labelling Act The Consumer Packaging and Labelling Act is a federal statute which promotes fair competition in the marketplace by discouraging deceptive business practices and encouraging the provision of accurate and meaningful information on the labels of prepackaged food products. The Regulations prescribe requirements for bilingual labelling, metric net quantity declarations and for the size and location of mandatory labelling information. The Regulations also prescribe standardized sizes for some consumer products including the following foods: glucose syrup and refined sugar syrup, peanut butter, and wine. The Consumer Packaging and Labelling Regulations also establish the average system as the criterion for determining compliance with net quantity declarations. 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 that prohibits, controls or regulates the importation or exportation of goods. The Export and Import Permits Act (EIPA) authorizes the Minister for International Trade to control the importation and exportation of certain products. The Act provides for the establishment of a series of lists including the Import Control List (ICL), the Export Control List (ECL) and the Area Control List (ACL). The Act sets out criteria that govern the inclusion of goods on the ECL and ICL. Through the issuance of import permits and export permits, the government controls the import and export of items included on these lists, and the export of goods to ACL destinations. The EIPA authorizes the Minister to issue import allocations to Canadian-residents. Once shares of tariff rate quotas are allocated, import permits are issued to holders up to their allocation level so long as the terms and conditions of the associated EIPA authorization(s) are respected. The Minister may issue supplemental import permits to authorize imports in excess of the import access quantity Under the EIPA, the Minister may amend, suspend, cancel or reinstate any permit, import allocation, certificate or other authorization issued or granted under the Act. Items under import or export control include:
The Fish Inspection Act and Regulations establish composition, quality, labelling and packaging requirements for fish and fish products traded internationally and interprovincially. Regulations also set standards of construction, operation and maintenance for processing establishments. The Fish Health Regulations under the Fisheries Act are designed to prevent the spread of infectious fish diseases, both by inspecting production sources of fish stocks, and by controlling the movements of infected fish stocks. They apply to live and dead cultured fish and eggs (including any fertilized or unfertilized sex products) of cultured and wild fish. These regulations apply to certain types of fish from the family Salmonidae. The Food and Drugs Act is a consumer protection statute dealing with food, drugs, cosmetics and medical devices. It establishes minimum health and safety requirements, as well as provisions preventing fraud and deception for all food sold in Canada. "Sell" as defined in the Food and Drugs Act means to offer for sale, expose for sale, and have in possession for sale and distribution, whether or not the distribution is made for consideration. Regulations contain food labelling requirements and standards of identity, composition, strength, potency, purity, quality or other properties for several classes of foods. The purpose of the Health of Animals Act and Regulations is to prevent the introduction of animal diseases into Canada and to protect the agricultural sectors and the economy. The Health of Animals Act and Regulations regulate international trade in live animals, animal products and by-products, animal feeds, veterinary biologics and biotechnology products. They provide for the approval and registration of private quarantine premises and establishments involved in the importation of animals, animal products and veterinary biologics. They also set standards of construction, operation and maintenance for these facilities and establishments. Importation of Intoxicating Liquors Act The Importation of Intoxicating Liquors Act is a federal statute concerning the transportation and release of intoxicating liquors in respect of their interprovincial and international movements. With few exceptions, this legislation restricts the importation and transportation of beverage alcohol to provincial liquor authorities. The Meat Inspection Act and Regulations regulate international and interprovincial trade in meat and meat products. They provide for the registration of establishments involved in the slaughter, processing or packaging of products traded internationally or interprovincially. Regulations also set standards of construction, operation and maintenance for registered establishments. The Plant Protection Act and Regulations provide the legislative authority to prevent the importation, exportation and spread of pests injurious to plants. The purpose of the Act is to protect plant life and the agricultural and forestry sectors. Plants and plant products, including certain fresh fruits and vegetables, are subject to plant protection import requirements. The requirements vary according to the degree of risk the product poses. Some goods are prohibited entry into Canada; others require an import permit issued by the Canadian Food Inspection Agency and/or a Phytosanitary Certificate issued by exporting country. The Weights and Measures Act establishes net quantity requirements for commodities sold on the basis of measure and sets out the criteria for determining commodity compliance to those requirements. The Weights and Measures Act does not apply to products subject to net quantity requirements set out in other federal legislation, and therefore does not apply to food packaged for direct sale to the consumer. (These foods are covered under the Consumer Packaging and Labelling Act.) The Weights and Measures Act, however, does apply to foods in shipping containers destined for commercial or industrial enterprises or institutions, products sold in bulk, and clerk-served foods at retail. The Weights and Measures Act establishes design, performance, installation, and use requirements with regard to measuring devices being used in trade. Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (WAPPRIITA) (Implementing Act for the Convention on International Trade in Endangered Species (CITES)) The Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act is the implementing legislation for the Convention on International Trade in Endangered Species in Wild Fauna and Flora (CITES) in Canada. It regulates the international movement of CITES-listed species and their derivatives through a permit system. It allows the prosecution in Canada of importers who violate wildlife conservation legislation in foreign countries, and permits Canada to restrict the importation of wildlife designated as harmful to Canadian ecosystems. APPENDIX IIElectronic Access to Government InformationGovernment of CanadaThe Government of Canada Primary Internet Site (Canada Site) is the Internet electronic access point through which Internet users around the world can obtain information about Canada, its government and services. Information includes: a government overview, federal organizations and programs, federal publications and forms, and several directories. Government Electronic Directory (GEDS) The Government Electronic Directory Services (GEDS) provides an integrated directory listing of all federal public servants. Government of Canada Internet Addresses Directory This directory provides a list of government organizations and their related Internet addresses. Government of Canada Publications Canadian Food Inspection Agency (CFIA)The Canadian Food Inspection Agency' s website contains a variety of information about the Agency, its activities, programs, services, and publications, including:
Other Federal Government Departments and AgenciesAgriculture and Agri-Food Canada Canada Business Service Centres Canada Border Services Agency
Canadian Grain Commission Canadian Wheat Board Environment Canada
Fisheries and Oceans Canada Health Canada
Industry Canada
International Trade Canada
Justice Canada Provincial and Territorial DepartmentsNewfoundland and Labrador
Nova Scotia
Prince Edward Island
New Brunswick
Quebec
Ontario
Manitoba
Saskatchewan
Alberta
British Columbia
Yukon
Northwest Territories
Nunavut
Federal LegislationDepartment of Justice The Department of Justice has published most federal Acts and Regulations, including those referred to in this Guide, on its website. Canadian Food inspection Agency The Canadian Food Inspection Agency has published departmental consolidations of the following acts and regulations on our website.
Other Internet Sites
Canada Gazette Since 1841, the Canada Gazette has been the official news bulletin of the Government of Canada. The Canada Gazette is published under authority of the Statutory Instruments Act. It consists of three parts: Canada Gazette, Part I Published every Saturday, it contains all formal public notices, official appointments, miscellaneous notices and proposed regulations from the government and private sector, that are required to be published by a federal statute or a regulation. Canada Gazette, Part II Published every second Wednesday, it contains regulations as defined in the Statutory Instruments Act, and certain other classes of statutory instruments. Canada Gazette, Part III Published as soon as is reasonably practicable after Royal Assent, it contains the most recent Public Acts of Parliament and their enactment proclamations. APPENDIX IIITelephone Numbers and Contact InformationTelephone listings for the Canadian Food Inspection Agency (including its Import Service Centres, Labelling Information Service Offices, Fish, Seafood and Product Division, and National Import Operations Division) are listed first. Complete contact information for Canada Business Service Centres follows. The remainder of the Appendix contains phone and general contact information for federal departments and agencies, arranged alphabetically, followed by some provincial and territorial telephone contact points (including liquor control), and some non-government associations. Government Departments and Agencies1. Canadian Food Inspection AgencyThe Import Service Centres handle telephone inquiries regarding import requirements for all commodities regulated by the Canadian Food Inspection Agency. Eastern Import Service Centre
Central Import Service Centre
Western Import Service Centre
For enquiries regarding food contamination, food poisoning, food allergies, food recalls, etc., call: Ontario Quebec For all other Provinces and territories call the Canadian Food Inspection Agency automated line at: 1-800-442-2342 Canadian Food Inspection Agency Food Labelling Information Service The following Food Labelling Information Service offices will provide labelling information for all foods other than fish. Information regarding the labelling of fish may be obtained from the Fish, Seafood and Product Division of the Canadian Food Inspection Agency (see under Fish, Seafood and Product Division below).
Fish, Seafood and Production Division For information regarding the labelling of fish products, contact: Tel. 613-221-7126 National Import Operations Division Ottawa Montréal 2. Canada Business Service CentresCanada Business Service Centres provide a single access point for information on almost all federal and business related programs, services and regulations. Newfoundland and Labrador Canada/Newfoundland and Labrador Business Service Centre
Nova Scotia Canada/Nova Scotia Business Service Centre
Prince Edward Island Canada/Prince Edward Island Business Service Centre
New Brunswick Canada/New Brunswick Business Service Centre
Quebec Info entrepreneurs
Ontario Canada - Ontario Business Service Centre
Manitoba Canada/Manitoba Business Service Centre
Saskatchewan Canada/Saskatchewan Business Service Centre
Alberta The Business Link
British Columbia Canada/British Columbia Business Service Centre
Yukon Canada/Yukon Business Service Centre
Northwest Territories Canada/Northwest Territories Business Service Centre
Nunavut Canada-Nunavut Business Service Centre
3. Canada Border Services AgencyCustoms Automated Information System Canada Border Services Agency provides an automated telephone information service:
Canada Border Services Agency has many local offices. Their addresses and telephone numbers are listed in the Government of Canada section of the telephone book. Their website also contains lists of addresses and telephone numbers for certain Canada Border Services Agency offices. (See Appendix II.) At 22 border offices, Canada Border Services Agency offers service 24 hours a day, seven days a week, for the release of commercial shipments. Information on the Administration of Tariff Rate Quotas on Agricultural Products Interdepartmental Programs For information on alcohol: Tel. 613-957-8831 For information on registration of import/export accounts, GST and payroll deductions, etc., phone: Tel. 1-800-959-5525 4. Canadian Grain CommissionFor information regarding the importation of grains and for End-Use Certificates, contact:
5. Canadian Wheat BoardThe Canadian Wheat Board General Enquiries:
6. Environment Canada - Wildlife Import OfficesFor information on the CITES Convention and CITES permits, contact: The Administrator
7. Fisheries and Oceans CanadaFor information on import permits and addresses of Local Fish Health Officers, please contact: National Registry of Fish Diseases Tel. 613-990-0276 8. Health CanadaTel. 613-941-5535 For information on food colours, call: Frank E. Lancaster Tel. 613-957-0980 Health Products and Food Branch Inspectorate Operational Centres: Atlantic Tel. 902-426-2160 Québec Tel. 450-646-1353 Ontario and Nunavut Manitoba and Saskatchewan Alberta (District Offices) Calgary 403-292-5081 Western and Yukon Northwest Territories Natural Health Products Directorate Tel. 613-952-2558 Therapeutic Products Directorate Ottawa Tel. 613-957-0368 9. Industry Canada
Measurement Canada Program Development Division Tel. 613-952-0652 10. Information on the Government of CanadaInformation on the Government of Canada provides information and telephone numbers for federal government agencies, departments, government services or programs, between 8:00 a.m. and 8:00 p.m., Monday to Friday, Eastern time.
Canadian Government Publishing Tel. 1-800-635-7943 11. International Trade CanadaTrade Controls Policy Division Tel. 613-944-0777 (English) or 996-3711
(French)
12. Provincial and Territorial InformationFor information on provincial programs and services, please contact the offices listed below. Newfoundland and Labrador Tel. 709-729-7097 Nova Scotia
Prince Edward Island
New Brunswick
Quebec
Ontario
Manitoba
Saskatchewan Tel. 306-787-5140 Alberta
British Columbia
Yukon
Northwest Territories Tel. 867-873-7817 Nunavut
13. Ministère de l'Agriculture, des Pêcheries et de l'Alimentation (MAPAQ) - QuebecDirection générale de l'alimentation Tel. 1-800-463-5023 14. Ontario Ministry of Agriculture and Food (OMAF)Food Inspection Branch
15. Provincial and Territorial Liquor ControlNewfoundland and Labrador Newfoundland Liquor Corporation Tel. 709-724-1112 Nova Scotia Nova Scotia Liquor Corporation Tel. 902-450-5802 Prince Edward Island Prince Edward Island Tel. 902-368-5720 New Brunswick New Brunswick Liquor Corporation Tel. 506-452-6826 Quebec Société des alcools du Québec Ontario Liquor Control Board of Ontario Manitoba Manitoba Liquor Control Commission Tel. 204-284-2501 Saskatchewan Saskatchewan Liquor and Gaming Authority Alberta Alberta Gaming and Liquor Commission Tel. 780-447-8600 British Columbia Liquor Distribution Branch Tel. 604-252-3000 Yukon Yukon Liquor Corporation Board Tel. 867-667-5245 Northwest Territories Northwest Territories Liquor Commission Tel. 867-874-2100 Non-Government16. Canadian Society of Custom BrokersSuite 320, 55 Murray St. Tel. 613-562-3543 Internet:
http://www.cscb.ca/ 17. Canadian Association of Importers and Exporters Inc.Suite 1618, Box 60 Tel: 416-595-5333 18. GS1 CanadaToronto Office 885 Don Mills Road, Suite 222 Tel.: 416-510-8039 Montreal Office 7780 Metropolitain Boulevard East Tel.: 514-355-8929 Calgary Office 2323 - 32nd Avenue NE, Suite 206 Tel.: 403-291-2235 APPENDIX IVProduct CodesUniversal Product Code (UPC)The Universal Product Code (UPC) is a 12 digit, all-numeric, machine readable code (bar code) that identifies a consumer package. The UPC is not required by government, but is administered by the GS1 Canada. Although this code is not required by law, virtually all retailers require that the food merchandise they carry be labelled with a UPC The code is used in tracking inventory, pricing, accounting and at the check-out counter. It is also used on invoices, cases, bills of lading, etc. For more information concerning the UPC, or to obtain an application form, contact GS1 Canada at the following address: GS1 Canada
Harmonized System Codes - HS CodesThe Harmonized System or HS is an international commodity classification system used in international trade. The Canadian Food Inspection Agency uses HS codes in it’s Automated Import System (AIS). The AIS system allows importers to reference import requirements and then create an electronic import shipment request that is sent to Canadian Food Inspection Agency via Canada Border Services Agency. The Canadian Food Inspection Agency is also planning to use HS codes for export and domestic systems in the future. |
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