CHAPTER 1 - REGISTRATION OF ESTABLISHMENT

Registration is required under the Honey Regulations (HR) of the Canada Agricultural Products Act to enable an establishment preparing honey to:

The following terms are defined in Section 2(1) of the Honey Regulations:

(A) "registered establishment" means an establishment that is registered in accordance with Section 10;

(B)"packing establishment" means a building in which the preparation of honey, including its colour classification, takes place, but does not include a pasteurizing establishment or a producer-grader establishment;

(C) "pasteurizing establishment" means a building in which the preparation of honey, including its pasteurization and colour classification, takes place;

(D) "producer-grader establishment" means a building in which a producer grader carries out the preparation, including colour classification, of the producer’s honey;

(E) "first dealer" means any person who acquires for sale under his own label honey packed by another person;

Sections 9 and 10 under Part I.1 of the HR outlines the procedures and requirements under which an establishment will be registered.

Sections 11 and 16 to 27 under Part I.1 of the HR outline the conditions that an establishment must meet in order to become and remain registered.

Section 13 of the CAP Act outlines the conditions of registration and operation of an establishment as a registered establishment under this Act, as well as the fact that all agricultural products in the establishment are subject to this Act and Regulations. All honey produced in a registered establishment must meet the requirements of grade names and standard containers, even if it is to be distributed within the province of manufacture only.

Note: In addition all local and provincial ordinances, codes and regulations must be observed.

Only "Honey" as defined in the Food and Drug Regulations Section B.18.025, B.18.026, B.18.027 and in the Honey Regulations, Section 8, may require registration (Section 1.1.1 above).

A separate registration with CFIA may be required for an establishment producing and/or trading in other commodities such as fish, maple products, shell eggs, processed eggs, processed fruit and vegetable products, dairy products, meat or poultry products. Please refer to your local CFIA inspection office to obtain more information.

Products not standardized by agricultural products regulations (e.g. flavoured honey, honey straws, apple cider, bakery products, peanut butter) are regulated under the Food and Drugs Act and Regulations, the Consumer, Packaging and Labelling Act and Regulations, and other relevant legislation. There are no registration requirements for establishments producing these products at this time, however, they may still be subject to CFIA assessment.

1.2

SUGGESTED REFERENCES

Canada Agricultural Products Act
http://laws.justice.gc.ca/en/C-0.4/index.html

Honey Regulations
http://laws.justice.gc.ca/en/C-0.4/C.R.C.-c.287/index.html

CFIA Agency Fees Notice - Part 7 Honey Fees Order
http://www.inspection.gc.ca/english/reg/cfiaacia/feesfrais/part_7e.shtml

Food and Drug Regulations
http://laws.justice.gc.ca./en/F-27/C.R.C.-c.870/index.html

Reference Listing of Accepted Construction Materials, Packaging Materials and Non-food Chemical Products, CFIA
http://www.inspection.gc.ca/english/ppc/reference/cone.shtml

This is a current list of materials and non-food chemicals which have been found by Health Canada and CFIA to be acceptable for use in establishments registered with CFIA. The primary purpose of this publication is to provide a reference for both inspection personnel and representatives of the managerial staff of establishments, to indicate acceptance status for products intended for use in their establishments. The inclusion of the name of a product in this list is not to be construed as an endorsement for that product by the CFIA.

Information on how to obtain acceptance for the use of materials and agents in establishments, can be found at:
http://www.inspection.gc.ca/english/ppc/reference/sube.shtml

or by contacting:

Technical Program Officer
Non-Food Chemical and Container Integrity Programs
ADRI - CPQP
Floor 3, Room C314
3851 Fallowfield Road
PO BOX 11300
Ottawa, Ontario
K2H 8P9
tel.: (613)228-6698 / fax (613)228-6675

Other useful information (e.g. Food Safety Enhancement Program [FSEP] and HACCP) can be found on the CFIA Website at: http://www.inspection.gc.ca/english/fssa/polstrat/haccp/haccpe.shtml

1.3

PROCEDURES FOR REGISTRATION AND INDUSTRIES’ RESPONSIBILITIES

A complete registration package must include the following:

1. Letter of Request for Registration - signed and dated by the management/owner/legal agent to confirm commitment to meet the registration requirements of the Honey Program
2. Application for Registration of an Establishment (CFIA/ACIA 3043)
3. Descriptive Profile of Applicant Establishment for Processed Products (CFIA/ACIA 3382)
4. Letters of Incorporation (if applicable, photocopies are permitted)
5. Registration Fees (Section 1.4.2)
6. Copy of Sanitation and Pest Control Programs

The application package should be forwarded to the local CFIA inspection office and arrangements must be made for a pre-registration establishment inspection.

The following two forms may be found at the end of this chapter; at or may be obtained by contacting the local CFIA inspection office.

These forms must be completed and submitted to the local CFIA inspection office along with the complete registration package.

Following are instructions on completing the forms.

(a) Application for Registration of an Establishment (CFIA/ACIA 3043)

1. Type of Application

   Check the appropriate box.
   New: For a new establishment;
   Renewal: For the annual renewal of the registration (based on the anniversary date of the original registration);
   Revision: For any changes made to the legal name of the establishment or the mailing address of the establishment.

2. Preferred Language of Correspondence

   Check the appropriate box.

3. Existing Registration Number (if applicable)

   For renewal or revision, indicate the registration number assigned to the establishment.

4. Legal Status of Business

   Check the appropriate box.

   • Corporation or Limited Company: This consists of a legally registered or incorporated entity. The business name usually includes Ltd. or Inc. in the title. The business incorporation documents may be federally or provincially registered. Copies of official articles of incorporation or other registration documents are required. Example: Honey Inc.

   • Partnership: When two or more individuals operate a business, they may form a partnership. This partnership must be registered. Example: Mike Smith and Sons.

   • Individual: This condition applies when an individual operates a business on their own without a business registration or documentation as long as the person’s first name and surname are used in the name. Example: John White’s Honey. An individual can operate a business without using their own name in the business name but if that is the case then the name should be officially registered. If the business name is not registered then the individual must provide proof of identification by submitting a copy of their birth certificate or their driver’s licence.

   • Co-operative: This is a business such as a farmers’ co-operative which has been created under the Co-operative Act. This business must provide legal documents establishing the co-operative. Example: Honey Packers Co-operative.

5. Legal Name of Business As Registered

   Please ensure that the company name recorded on the form is exactly the same as is indicated on the partnership documents or the letters of incorporation.

   In cases where an operating name is not registered, the complete name of the individual requesting registration must be used in establishing the legal status of the business. The operating name should be added as an additional information under "Also Doing Business As".

   Under the "Also Doing Business As" heading, the applicant should indicate each commercial name used.

6. Street Address or Legal Description of Location of Establishment

   Urban Areas

   The street number, street name, town and province are acceptable as the legal address to be indicated in this box.

   Rural Areas

   The street number, street name, town and province are acceptable as the legal address to be indicated in this box. However, where street numbers and names are not available, the legal address in use in the province must be identified. The Ontario format is as follows: Lot, Concession, Township, County, Municipality and Province. In the Atlantic provinces, some places are still only identified by a registered survey number.

   Please note that there is a separate box to indicate the mailing address. When a P.O. Box number is being used for mailing purposes, it must be shown in the box assigned for the mailing address.

7. Mailing Address Including Postal Code

   Please indicate the mailing address which may not be the same as the legal address of the establishment. When a P.O. Box Number is being used for mailing purposes it must be shown in this box.

8. Telephone and Facsimile

   Provide the telephone # and facsimile # of the establishment or the operator. It is requested that a 24 hour emergency number also be provided. This number will only be used in case of food recall emergencies.

9. Name, Mailing Address and Postal Code of Applicant

   If this is exactly the same as in the above fields, indicate same as above. This may be the establishment or personal address for the smaller businesses. For larger corporations, this may be the establishment address or address of the head office.

10. Telephone and Facsimile

    Provide the telephone and facsimile number if different from the establishment’s numbers.

11. Partnership/Individual Ownership

    This only needs to be completed for partnerships or individual ownerships to show the names, titles, and addresses of all parties involved in the business. This can be attached on another page if more room is required for this information.

12. Signature, Official Title and Date

    The person who signs the application form must be a responsible person within the company (e.g. a director or shareholder). In addition to the signature, please print the name, date of request and identify the title or official capacity of the person within the company.

13. Agency Use Only

    This area is reserved for the responsible inspector to sign, date, and make any necessary comments after reviewing the application.

14. Reverse Side of Application

    Please check the appropriate box indicating the Act and Regulations that apply to the operation.

(b) Descriptive Profile of Applicant Establishment for Processed Products (CFIA/ACIA 3382)

The descriptive profile should always accompany the application for registration form. It is important to complete this form properly. The information provided from this profile is required to identify the type of establishment and the products packed. This information is required to plan the inspection activities that will be taking place in the establishment.

1. Name and Location of the Establishment

   The name of the establishment must correspond with the name on the "Application for Registration of an Establishment" form. Also, the location of the processing establishment must be provided.

2. Type of Establishment

   The types of establishments operating under the Honey Regulations include a Honey Packing Plant, Honey Pasteurization Plant or a Honey Producer Grader (Section 1.1.1). Check the appropriate box. Fees are based on the Honey Fees Order that can be found on the CFIA Website at: http://www.inspection.gc.ca/english/reg/cfiaacia/feesfrais/part_7e.shtml (Section 1.4).

3. Commodities Packed

   At least one product must be indicated (e.g. Honey)

4. Direction (Map) to Location of Establishment

   Please make a schematic drawing of the location of the establishment.

5. For Internal Use

   This section is to be completed, signed and dated by the Area Program Network Specialist.

Building exterior, interior and surrounding areas must be designed, constructed and maintained in a manner to prevent conditions which may result in the contamination of food.

More details on construction and equipment requirements can be obtained through your local CFIA inspection office. Refer to Chapter 4 of this manual and at: Reference Listing of Accepted Construction Materials, Packaging Materials and Non-food Chemical Products (http://www.inspection.gc.ca/english/ppc/reference/cone.shtml).

Prior to obtaining registration there is a legal requirement for establishments to have developed, documented and implemented a sanitation and pest control program. These programs must be reviewed and assessed by the inspector before proceeding with approval of the establishment registration.

In addition to sanitation and pest control programs, registered establishments are encouraged to develop, document and implement other prerequisite programs.

Prerequisite programs are universal steps or procedures that control the operational conditions within a food establishment allowing for environmental conditions that are favourable to the production of safe food. The prerequisite programs listed below will be reviewed and assessed by the inspector during the initial establishment inspection in accordance with Chapters 4 and 5 of this manual The inspector may require some changes to the programs if they are incomplete or if some improvements are needed.

The written programs are:

1.4 FEES

Fees are based on the Honey Fees Order that can be found on the CFIA Website at: http://www.inspection.gc.ca/english/reg/cfiaacia/feesfrais/part_7e.shtml. This order states that a fee is payable for the registration of an establishment or the renewal of an existing registration on a annual basis. The purpose of the fee is to cover part of the costs associated with inspection activities. Fees are payable to the "Receiver General for Canada" only by cheque, money order or credit card. CFIA/ACIA 0527 may be used as receipt of payment.

(a) Duration of Registration

All establishment registrations will be valid for one year, from the date of registration. The expiry date will be indicated on the Certificate of Registration.

(b) Registration Fees by Type of Operation

The annual fees payable for the registration of a honey establishment are as follows:

Note: Taxes are not applicable.

1. Honey Producer Grader Establishment

   An establishment that extracts, grades, classifies by colour and packs only the honey produced in their own apiaries.

2. Honey Packing Establishment

   An establishment that prepares, grades, classifies by colour and packs honey.

3. Honey Pasteurizing Establishment

   An establishment which pasteurizes honey in addition to preparing, grading, colour classification and packing honey. Pasteurization is defined as treated in a registered pasteurizing plant by the controlled application of heat so that the honey is free of viable sugar-tolerant yeasts.

1.5 CFIA RESPONSIBILITIES

The registration package, as described in Section 1.3.1, will be reviewed by the inspector and any missing information will be requested from the establishment. Once it has been verified that the registration fee has been received by CFIA, the inspector should make the necessary arrangements with the operator of the establishment to carry out a pre-registration inspection.

The establishment will be inspected for compliance with Sections 16 to 27 of the Honey Regulations. If the establishment is in full operation, an in-depth inspection will be undertaken. If the establishment is not in full operation, a partial inspection can be undertaken to recommend registration and when this establishment is registered and in full operation, a full in-depth inspection must be scheduled. In both cases, the requirements stated in Chapters 4 and 5 of this manual will be observed and assessed for compliance.

Inspectors will discuss results with establishment management. An establishment inspection report will be left with the applicant. An action plan will be requested for the correction of identified infractions. At this stage, the inspector and applicant will review the application package and complete or correct it, if needed.

When the required documents and the inspection report are reviewed and they indicate that the establishment meets all the registration requirements, the package should be sent to the Area Program Network Specialist along with proof that registration fees have been paid.

A registration number may be reserved for the establishment, in advance, to allow for preparation of labels and printing of cartons. However, the establishment must be informed that no production using these packaging materials is allowed prior to official issuance of certificate of registration. The reserved number may be obtained from the Area Program Network Specialist.

The Area Program Network Specialist will input the legal name and/or operating name, mailing address of the establishment and legal description of location of establishment into the registration list, which is maintained in the Client Management System (CMS). The CMS will serve as a national registration list for all registered honey establishments.

The formal acknowledgement of the honey establishment’s registration is confirmed through the issuance of a Certificate of Registration. The Certificate of Registration must contain the legal name and/or operating name and legal description of location of establishment. This certificate along with a letter (Appendix 3) explaining the meaning and conditions of registration is sent to the establishment. A copy is sent to the appropriate regional contact. For the establishment registration to remain valid, it must be renewed annually and appropriate fees submitted to CFIA.

CFIA Area Program Network Offices will initiate the registration renewal procedure before the registration expires. Registrations will be renewed providing that registration requirements are met, the establishment is properly maintained as documented by in-depth inspections and appropriate corrective action plans and the following documents (or equivalent) are submitted and verified:

1. Application for registration is received on a fully completed Application for Registration (CFIA/ACIA 3043) and Descriptive Profile of Applicant Establishment for Processed Products (CFIA/ACIA 3382) forms.
2. Sanitation and Pest Control Program, if different from the previous year.
3. Letters of Incorporation, if different from the previous year.
4. Registration fees.

Eight weeks before the expiry date of the registration the Area Program Network Specialist is responsible to ensure that a "Notice of Pending Expiry of Processing Establishment Registration", (Letter #4 in Appendix 6), an "Application for Registration of an Establishment " (CFIA/ACIA 3043), a "Descriptive Profile of Applicant Establishment for Processed Products" (CFIA/ACIA 3382) and an invoice (CFIA/ACIA 0527) for the appropriate fee is sent to the establishment. A copy of the invoice may also go to Accounts Receivable. A copy of the "Notice of Pending Expiry of Processing Establishment Registration" is sent to the appropriate Operations contact in the Region.

The establishment must return the completed application forms and payment to CFIA. If Accounts Receivable receives the application they must forward the application to the Area Program Network Specialist with confirmation of payment. If the Area Program Network Specialist receives the application, the funds are forwarded to Accounts Receivable and the Specialist will process the renewal after confirmation from Accounts Receivable that the funds have cleared. The Area Program Network Specialist will then update CMS, prepare the Registration Certificate and issue a renewal letter (Letter #5 in Appendix 7). The Registration Certificate is sent to the establishment with copies to the appropriate Operations contact in the Region.

Based on a legal opinion, despite the fact that an establishment is not producing for a period of 12 months or more, the Certificate of Registration cannot be cancelled if the establishment was in compliance at the time of operation. Management of the establishment must be made aware that they are to advise CFIA, in advance, of any production so that an inspection can be scheduled. Furthermore, as long as the application is complete and the registration fee is paid annually, CFIA cannot refuse the renewal of the registration.

See Chapter 3 for the procedure regarding cancellation of registration if fees are not paid.

1.6 ONGOING RESPONSIBILITIES OF REGISTERED ESTABLISHMENTS

After the establishment becomes registered, the operator is responsible for compliance with the regulations as well as the following:

(a) Operational Changes

As soon as possible, the operator must inform the local inspector of the intention to change the items below:

• Construction changes (expansion, renovation, important process line changes)
• Major process changes or addition (Manufacture of new products or lines, i.e. flavoured honeys)
• Closing of the establishment
• Ownership or company name changes
• Moving of the establishment or part of the establishment

The local inspector will indicate to the operator if new documents or forms must be submitted and if a new certificate will be issued. An inspection of the new installation/establishment may be required.

(b) Maintenance and Operation

The establishment must be maintained and operated in accordance with the Honey Regulations. [HR sections 16 to 19 and 25]

(c) Certificate of Registration

The Certificate of Registration must be kept posted in a conspicuous place in the establishment, for the period during which it remains in force. This certificate cannot be transferred to another establishment [HR section 11(1) and (2)]. If the certificate is ever lost or misplaced it is the establishment’s responsibility to request a replacement certificate from CFIA.

(d) Establishment Registration Number

The registration number assigned to the establishment or the establishment's name and address must be marked on the label as per the requirements of the Honey Regulations. [HR section 35 (1)(b) and 36 (1)(c)]

(e) Approved Label File

Each registered establishment must maintain an up to date file including each label that is used in that establishment. [HR section 21(1)(b)]

(f) Assistance to Inspectors

During an inspection, investigation or sampling activity, the operator of the establishment must provide the inspectors with reasonable assistance to enable them to carry out their inspection duties as well as provide any information requested as stated in Sections 21, 26 and 38 of the Honey Regulations.

(g) Sampling

The operator must supply, without charge, samples as requested by the inspector for grading and analysis as stated in Section 21(1)(b) of the CAPA.

(h) Establishment Registration Fees

The registration fees must be paid prior to the expiry date of the registration.