ANNEX L

1. INTRODUCTION

The U.S. Import Inspection Procedures for meat products of Canadian origin require that (see also Annex L/5 for flow chart):

1.2 The exporter ensures that all shipments stop at the border for assignment and at the designated import inspection facility for reinspection as instructed by an officer of the Food Safety and Inspection Services (FSIS) of the United States Department of Agriculture (USDA)

It cannot be overemphasized that the exporting establishment will be held responsible for failure to present a shipment to FSIS for inspection (FTP). It is the responsibility of the exporting establishment to ensure that the truck driver receives adequate instructions (see annex L/4) and fulfill his obligations. Failure to present is considered to be very serious. Severe monetary penalties will be imposed against the person responsible for it (importer on record with US Customs). Products involved in FTP will be subject to other enforcement measures deemed appropriate by FSIS.

In addition, the following actions will be taken against plants responsible for FTP:

1.2.2 If a third violation occurs within a two-year period, USDA will suspend the eligibility of the Canadian establishment to export meat, poultry, or processed egg products to the USA. USDA will also request CFIA to conduct an investigation of the incident and report the findings and planned corrective actions to USDA. The findings and planned corrective actions will be reviewed by FSIS and relisting of the establishment will take place when found satisfactory.

In order to avoid major disruption in their export to the USA, operators of exporting establishments are urged to take all necessary measures, such as the ones mentioned above to ensure that FTPs will not occur.

2. GENERAL

Definitions

2.2 Automated Import Information system (AIIS). A computerized system that receives and stores daily reinspection results from U.S. ports-of-entry and compiles histories for every foreign country exporting meat and/or poultry products to the United States. The AIIS generates the reinspection assignment(s).

2.3 Destination Grant of Inspection. Applicable only to Canadian shipments.

2.4 Destination Import Facility. An approved establishment located in the interior of the United States and an end user of Canadian product. Such facilities are eligible to receive only Canadian shipments for FSIS reinspection.

2.5 Failure-to-Present. When product has not been presented to the USDA inspector for an assignment at the border entry point, it will be considered a failure-to-present (FTP). Products must not be distributed in commerce ant the FSIS must be contacted for instructions. Products must return to the U.S. border facility designated on the 9540-1 for an assignment/reinspection. Shipments that enter commerce (and cannot be returned intact to the FSIS import establishment) or are further processed without FSIS port-of-entry reinspection will be subject to destruction. Failure to present for FSIS inspection will also result in U.S. Customs Service penalties.

2.6 Level of Reinspection. A status indicating the compliance history of a particular foreign establishment and country with respect to a TOI for that specific product. There are two possible levels of reinspection:

2.6.2 Intensified. A level of reinspection where a previous reinspection for a TOI has failed to meet U.S. requirements. This may affect an individual establishment or product originating in the entire country. Under an "Intensified" level of reinspection, lots are held pending results of the TOI.

2.7.2 The AIIS will assign every lot a unique, system-generated identification number that can be used to track import information. Note there can be multiple lots included on a single health certificate.

2.9 Skip Lot. A lot that is not assigned a TOI, but the inspector verifies the lot for general conditions (including transportation damage), count, and accuracy of the product label and accompanying foreign health certificate. Note: Product imported from Canada receiving a "skip" assignment will not be staged and will continue to have a cursory check at the rear of the truck.

3. U.S. IMPORT ESTABLISHMENT FACILITY REQUIREMENTS

Import establishments performing reinspection of Canadian products are subject to the memorandum, "Facility, Equipment, Personnel, and Blueprint Requirements." Import establishments in existence as of August 10, 1992, and located on the U.S.-Canada border are not required to have either sufficient refrigerated or freezer space to properly hold perishable product that is stored or retained. However, if a shipment is sampled by the USDA and the exporter/importer elects to utilize the USDA "Voluntary Hold" procedures, the product must remain at the import establishment under sufficient refrigeration as applicable.

4. CANADIAN ESTABLISHMENT REQUIREMENTS

(i) Complete FSIS Form 9540-1, "Import Inspection Application and Report," (See annex L/1 and L/2); and fax directly to the U.S. border import facility of their choice (designated border import facility - see annex M).

(ii) In the case of questions concerning completion of the form or where to fax the form, the contact is:

Office of International Affairs (OIA), Import Inspection Division
Washington, DC
Phone: (202) 720-9904
FAX: (202) 720-6050
Hours of Operation: 0700 – 1630 ET, Monday through Friday, excluding holidays

(iii) For shipments from Canada that are presented at the Border (truck shipments) the exporter must:

1. indicate an Estimated Time of Arrival (ETA) in block 31 (Remarks) of the faxed FSIS Form 9540-1 to advise FSIS of the estimated time and date for the shipment to arrive at the import establishment and,
2. ensure that the ETA is within 72 hours from the date in block 26 of FSIS Form 9540-1 and,
3. ensure that the shipment arrives for inspection at the FSIS approved import establishment within 72 hours, including the weekends and holidays, from the time the FSIS Form 9540-1 is received by import inspection personnel.

(iv) Shipments from Canada that do not cross into the U.S. by truck are not expected to adhere to the 72 hour (3 working days) rule referred to in 4.1.3 below. Exporters of shipments by air, water, or rail car (except edible fats) to the U.S. are required to fax the FSIS Form 9540-1 to the import facility designated in blocks 12 and 13 of the form. The exporter shall include an estimated time of arrival (ETA) in the remarks block for the shipment to arrive at the designated import facility. Inspection personnel, upon receipt of the form from import plant management, shall verify the presence of an ETA on the form. If an ETA has not been declared, the form shall be returned to plant management for an ETA. Plant management shall return the form to inspection personnel with a declared ETA. Inspection personnel shall monitor the shipment's arrival by referring to the ETA on the FSIS Form 9540-1.

A. If the shipment has not arrived at the designated I-house by the ETA provided, the FSIS inspector at the designated I-house shall request import plant management to confirm the status of the shipment.

1. If the shipment is in route, obtain a revised ETA.
2. If the shipment was cancelled, the Canadian exporter must cancel the FSIS Form 9540-1, which is kept on file at the import establishment.
3. If the shipment entered the U.S. without obtaining an inspection assignment, it is considered a failure-to-present.

B. If the shipment was presented and reinspected (other than a Skipped) at another I-house than the one designated on FSIS Form 9540-1, the IID Regional Import Supervisor shall be notified of the details.

4.1.2 Amendments - Canadian exporters are encouraged to fax the application (FSIS Form 9540-1) as close as possible to the time of shipment to the U.S. to avoid the need for amendments.

(1) The faxed copy of FSIS Form 9540-1 serves as advance notification that a shipment is proceeding to the United States. Additional lots may be added to the Canadian health certificate; however, an amended FSIS Form 9540-1 must be presented to FSIS with the shipment. NOTE: This may result in delays in inspection at the import establishment.

(2) Regardless where the truck is, once FSIS Form 9540-1 has been faxed, amendments to FSIS Form 9540-1 regarding the reinspection establishment (blocks 12 and 13) will not be allowed except in emergency situations only. Emergencies are defined as fires, explosions, chemical spills, leaks and releases, bombings, bomb threats, civil disturbances, hurricanes, tornadoes, earthquakes, blizzards, floods, power failures, and personal injuries.

(3) The Office of International Affairs (OIA) must be consulted prior to amending any application in an emergency situation. On weekends and holidays, callers to the OIA will be referred to emergency contacts and numbers.

(4) In emergency situations, the shipment will proceed to the new designated import establishment.

(5) Any establishment placed on intensified inspection while shipments are in transit will be permitted to amend FSIS Form 9540-1 to reflect the actual weights. The truck is to proceed to the designated import facility for reinspection. The Canadian exporter must submit the amended 9540-1 with the actual weights directly to the designated import establishment.

4.1.3 Cancellations. The Canadian exporter must notify the import inspector at the designated import establishment in writing prior to the expiration of the 3 day limit if the shipment is cancelled. Failure to notify FSIS of a cancelled shipment may result in delays for subsequent shipments. When a shipment is cancelled, the CFIA health certificate 4546, the shipping marks (export stamp number) as well as the FSIS Form 9540-1, cannot be used again. Product will have to be re-certified by the CFIA prior to shipping.

4.1.4 The original FSIS Form 9540-1 and the original health certificate must accompany the shipment to the United States. Once the 9540-1 has been faxed, the shipment should cross the border within three (3) working days, or the exporting establishment must notify the designated import establishment when the shipment will arrive. NOTE: The U.S. Customs Service entry number MUST be entered on FSIS Form 9540-1 that arrives with the shipment. An inspection assignment will not be drawn until this requirement is fulfilled.

A lot is defined as a group of similarly packaged products from one establishment consisting entirely of one species, process category and product standard of identity (sub-category).

4.2.2 Processes are categorized as follows:

• 03B Raw product - ground
• 03C Raw product - not ground
• 03D Thermally processed - shelf stable
• 03E Not heat treated - shelf stable
• 03F Heat treated - shelf stable
• 03G Fully cooked - not shelf stable
• 03H Heat treated - not fully cooked - not shelf stable
• 03I Products with secondary inhibitors - not shelf stable

4.2.3 Packaging is categorized as follows:

• sides, carcasses
• packages
• cans

4.2.4 Description of the product - Block 17

The description of the product must accurately reflect the product name on the label and that is certified on the export certificate. If there is a standard or definition in the regulations, the name of the product should be reflected as prescribed (refer to approved label). Otherwise the common or usual name of the product or a truthful descriptive designation should be specified. Animal production raising claims are not considered to be part of the product name and are not required to be present on the health certificate or on the application form (9540-1).

Single ingredient products, such as primal cuts and subprimal meat cuts, bone-in or boneless, can be grouped as such on the application. As an example, a shipment containing 50 cartons of boneless beef loins totalling 2500 lbs and 50 cartons of bone-in beef rib loins totalling 2500 lbs could be listed on the application form 9540-1 as one lot of meat cuts, with a net weight of 5000 lbs, provided they have the same shipping marks. If the shipment contained ground beef or boneless meat for manufacturing (trimmings), these products must be listed as separate lots (see annex L/2.1 and L/2.2 for specific examples on how to enter products on form 9540-1).

Note:

1) The maximum number of lots that could be included on the 9540-1 is 9. If necessary, use a second form on which you will indicate that it is a continuation sheet (box #1).

2) The export certificate (CFIA-ACIA 4545) may include lots from more than one establishment, process category or species. In these cases a continuation sheet to the initial 9540-1 must also be completed for each additional establishment, process category, and species.

3) Block 22 of 9540-1: Net weight must be rounded-up. Do not enter decimals.

4) Distribution of 9540-1: Point A, in the case of Canada, form 9540-1 does not need to be distributed to the U.S. Customs official prior to submission to the FSIS inspector at the border.

Any approved United States Import Establishment can be identified on the FSIS Form 9540-1 by the Canadian exporting establishment for conducting the inspection, provided it has the capability to inspect the particular product being shipped. However, the inspection assignment MUST be received at a border inspection facility if the shipment is moving by land (see Annex M). EXCEPTION: Rail car shipments moving "in bond" for transloading to a ship destined to an island state (Hawaii) or a U.S. territory (Puerto Rico, Guam) shall obtain the inspection assignment at the designated import establishment. The most current, up-to-date copy is available through the OIA. Contact the specific facility to determine its capabilities.

4.4 Canadian Establishments on Intensified Inspection

Exporting plants under intensified inspection cannot have re-inspection conducted at a destination facility.

4.5 Placement of Containers on Trucks

Shipping containers at the rear of the truck must be loaded on the truck so that the labelling features face the rear of the truck allowing the USDA-FSIS inspector to conduct the verification required in 8.4.1 of this section. Label verification will be performed only on products visible at the rear of the vehicle.

4.6 Entry into the U.S.

Upon entry into the United States, the trucker will obtain the assignment from the FSIS inspector at any U.S. import establishment along the U.S.-Canadian border (See Annex M). This establishment may differ from the designated reinspection establishment, which is identified in Block 12 on FSIS Form 9540-1. However, if any part of the shipment is designated as an "inspect", the shipment can only be inspected at the FSIS facility designated on the original FSIS Form 9540-1.

5. U.S. IMPORT ESTABLISHMENT (Plant Responsibility)

The import establishment representative can, but is not required to acknowledge receipt of the FSIS Form 9540-1. However, plant management will be expected to deliver the form to the FSIS import inspector on the day it is received.

It is strongly recommended that the exporter makes arrangements with the operator of the import inspection facility to be notified immediately should the shipment not arrive within the expected time.

The exporter will then be able to contact the carrier and to take appropriate action to ensure that the shipment is presented for inspection as required.

6. OBTAINING THE ASSIGNMENT

6.1.2 If the assignment is an "Inspection," the inspector will complete block 27 of FSIS Form 9540-1, and the shipment must proceed to the U.S. import establishment designated in block 12 on the FSIS Form 9540-1, if different than where the shipment is located to be inspected according to 8.5 of this section. The inspector will complete block 27 of FSIS Form 9540-1, and provide the unique AIIS Lot Identification Number to the inspector at the designated Import Establishment where the shipment is destined for reinspection. This can be done by phone or e-mail.

7. DESTINATION INSPECTION (Establishment's Responsibilities)

7.2 The destination import facility is responsible for providing the District Office with sufficient notification including date and time of arrival of Canadian shipments. This will facilitate the scheduling of inspectors. The shipment owner/importer is responsible for making arrangements to receive assignments outside of normal working hours.

7.3 All shipments going to destination establishments must stop at a U.S. import establishment along the U.S.-Canadian border to receive an inspection assignment. If a "Skip" inspection reveals transportation damage, health certificate irregularities, or improper labelling, the shipment must be corrected at the border location.

7.4 Exporting plants under intensified inspection cannot have re-inspection conducted at a destination facility.

8. USDA IMPORT INSPECTOR RESPONSIBILITIES

8.2 Upon arrival of the shipment, the inspector will:

8.2.2 Review FSIS Form 9540-1 and compare it to the faxed copy.

8.2.3 If either of these documents do not accompany the shipment, the inspector should not proceed with import reinspection until proper documentation is provided. Information provided on the FSIS Form 9540-1accompanying the shipment must agree with the information on the Canadian health certificate. The inspector shall correct the 9540-1 information which was entered into the Automated Import Information System (AIIS) from the advanced copy of the FSIS Form 9540-1 if necessary. At this time, the inspection assignment can be requested.

8.2.4 Amendments. If the designated import establishment has been changed on the FSIS Form 9540-1, verify the emergency situation causing the amendment (as defined in 4.1.2(2) above). If it is not a valid reason to change designated import establishments, shipments receiving an assignment for reinspection will be directed to the import facility identified on the original 9540-1. Inspectors may need to verify the emergency situation with inspection personnel at the original designated I-house or an import coordinator at the OIA.

8.2.5 If the emergency situation can be verified, obtain the inspection assignment from the AIIS.

8.4 Stamping of product

• Products and shipping containers from Canada will not be stamped "U.S. Inspected and Passed".
• With the exception of red meat carcasses, all products and shipping containers refused entry at import reinspection will be legibly stamped "U.S. Refused Entry". The location of the "U.S. Refused Entry" imprint must be such that the refused entry is easily identifiable.

8.4.1.1 Skip loads will not be staged but verification of the skip lot must be performed on the official premises of the import establishment (i.e. shipping bay or loading dock).

8.4.1.2 Without entering the vehicle, have the truck doors opened and observe the general condition of the portion of the shipment that is at the rear of the vehicle. Any obvious transportation damage will be handled in accordance with FSIS Directive 9020-1.

8.4.1.3 Check the shipment to determine that it coincides with the health certificate and that the shipping container label(s) includes the shipping marks, name or kind of product, foreign establishment number, and the country of origin. If these labelling features cannot be seen, the inspector should request that one combo bin or carton be removed from the truck or turned to reveal the label.

8.4.1.4 Refuse entry on the shipment if the vehicle contains other cargo with the potential to contaminate or adulterate edible product. Inspectors should consult with supervisory officials before refusing entry.

8.4.2 Stamping of Health Certificate

(1) For "skip" shipments or "inspected and passed" product, stamp the health certificate "U.S. Inspected and Passed," and file with related documents in the inspector's file.

(2) For refused entry product, stamp the health certificate "Refused Entry" and refer to FSIS Directive 9020-1.

8.4.3 Stamping and Signing FSIS Form FSIS 9540-1

For lots that have passed reinspection, sign block 29, stamp the FSIS Form 9540-1 "U.S. Inspected and Passed". The import establishment can make a copy of the stamped 9540-1 and return the original to the inspector. File the stamped original 9540-1 with related documents in the inspector's file. For lots that have failed reinspection, stamp the FSIS Form 9540-1 "U.S. Refused Entry." The import establishment can make a copy of the stamped 9540-1, and return the original to the inspector. File the stamped original 9540-1 with related documents in the inspector's file.

8.5.1.1 Information must be entered into the AIIS Initial Entry Screen from FSIS Form 9540-1 and the foreign health certificate.

8.5.1.2 The assignment(s) should be obtained only when the product is presented for reinspection.

8.5.1.3 The inspector shall perform every TOI assigned by the AIIS, unless otherwise instructed.

8.5.1.4 When the inspector suspects the authenticity, wholesomeness, or integrity of any product, he/she shall, upon approval from the circuit supervisor, perform any appropriate TOI in addition to the AIIS assignment(s).

8.5.2 Presentation of the Lot

8.5.2.1 Importers will designate each lot from the foreign health certificate on FSIS Form 9540-1, including the size of the lot to be presented for reinspection.

8.5.2.2 The import facility shall present the lot in a manner that:

(a) Its placement ensures the safety of the inspector;

(b) Each unit in the lot has an equal chance of being selected as a sample;

(c) The lot is distributed uniformly to facilitate the verification of the lot size. For example, when product is presented on pallets, each pallet shall contain the same number of cartons. However, if the carton count of each pallet is not the same, the facility will provide the inspector with a list indicating the number of pallets in the lot and the carton count of each pallet;

(d) The panel(s) of each shipping container, subject to label approval or verification, is plainly visible by the inspector. That is, the inspector shall be able to easily read the required labelling features (name of product; country of origin; foreign est. number; shipping marks; name and address of either the foreign est., distributor or importer; and when necessary, the special handling statement). In addition, the end panel of each shipping container shall be plainly visible; and

(e) Its placement allows adequate space for the inspector to select samples, visually perform label verification, and examine the lot for transportation damage and count.

Note: The requirements listed above (a-e) must be met, however, they do not necessarily preclude a facility from presenting lots in a manner that facilitates its operations, e.g., double stacking of product.

8.5.3 Routine Inspection

8.5.3.1 The inspector shall conduct a routine inspection for every lot which includes general condition, label verification, count, and accuracy of the information specified on FSIS Form 9540-1 and the foreign inspection certificate.

8.5.3.2 If the number of shipping units offered for reinspection differs from the amount of product certified on the foreign health certificate, refer to applicable section for guidance.

8.5.3.3 The inspector shall identify, and cause to be sorted out of the lot, any container that has obvious transportation damage resulting in product being exposed to insanitary conditions. Such transportation-damaged product shall be refused entry in accordance with the procedures in FSIS Directive 9020.1

8.5.4 Sampling

8.5.4.1 The inspector shall use the appropriate sampling plan(s) for the TOI(s) involved and shall use the random numbers generated by the AIIS, except when adjustments are made to the number of units in the lot.

8.5.4.2 When assigning numbers to sample cartons, combo bin sites, etc., for sampling purposes, the inspector shall begin numbering at the lower left-hand corner of the first pallet or combo bin and number in either a clockwise or counter-clockwise pattern, circling each layer of the pallet or combo bin. Regardless of which direction is chosen, it shall be the same for each pallet or combo bin within that lot. For carcasses, quarters, and similar product hanging on rails, the inspector shall number the units in consecutive order beginning with the first unit approached.

8.5.4.3 The inspector shall directly control the selection of samples and the stamping of each sample with the "USDA OFFICIAL IMPORT SAMPLE" stamp. Every sample shall be stamped once and second-step samples, if applicable, shall be stamped twice. Samples of non-packaged product (e.g., carcasses, quarters, etc.) may be selected without stamping, but if they are stamped the inspector shall assure that only approved edible ink is used. Stamped tags to attach to the sample unit may also be used.

8.5.4.4 The inspector shall require the establishment to remove all samples from the lot, including any second-step samples, and present them in a manner that will facilitate the further selection of specific sample units and the appropriate type(s) of reinspection.

8.5.4.5 The inspector shall maintain control of the samples at all times until the lot has been reinspected and passed or refused entry. When personal control is not possible, the samples shall be secured under official lock or seal.

8.5.4.6 Samples shall be handled at all times in a manner that will maintain their wholesomeness and integrity.

8.5.4.7 When practical, samples shall be returned to the lot following reinspection.

8.5.4.8 Canned and Packaged Product (e.g., Canned Hams or Tubes of Cooked Beef) presented in Combo Bins/Pallets:

(a) In addition to the other requirements, the importer shall place an "X" in block "19" for cans or packages, as applicable, of FSIS Form 9540-1 (see Annex L-1). The total number of combo bins should be entered in Block "20" and the number of units per combo bin in Block "21" of the same form.

(b) The sample size and the maximum number of combo bins from which the samples are selected will be determined by the AIIS, based on the total number of combo bins in the lot and the total units per combo bin that is entered by the inspector.

(c) The inspector shall randomly select the sample units from the entire combo bin (top, middle, and bottom).

8.5.4.9 Fresh Bone-In or Boneless Cuts or Boneless Manufacturing Meat Presented in Combo Bins/Pallets.

(a) In addition to the other requirements, the importer shall enter an "X" in block "19" (packages) of FSIS Form 9540-1 and enter the total number of combo bins in block "20". The importer shall also enter the number 18 in block "21" of the same form to represent the number of sample selection sites per combo.

(b) The inspector shall enter the number of combos as "number of units" and 18 as the "package amount" in the AIIS to generate the sample selection sites for the lot.

(c) As an example, for a lot size of 30,000 pounds (15 combos @ 2,000 pounds each), the AIIS will generate a sample size of 30 numbers (15 and 15) which represents 30 of the possible 270 (15 x 18) sample selection sites.

(d) Sample selection sites of each combo bin shall be identified with the "USDA OFFICIAL IMPORT SAMPLE" stamp. If an identified sample is not on the top layer of the combo bin, the inspector shall require the import facility to remove product until the entire layer containing the sample has been exposed. Removed product shall be placed in a sanitary receptacle unit it is returned to the combo bin following sample selection.

8.5.4.10 Sampling for Laboratory Analysis

Reinspection activities include the sampling of imported products for laboratory analyses (e.g., chemical or biological residues, products standards (PFF, moisture/protein ratio)).

The USDA-FSIS implements a zero tolerance level of protection for Listeria monocytogenes in all categories of ready-to-eat meat products.

If a firm (legal importer) wishes to appeal an import inspection decision, it must do so in within two (2) working days of the decision. The request should be in writing and include the details motivating the appeal. Appeal of a USDA decision should be made to the District Office with jurisdiction in the area.

On receipt of an appeal, the District Office will review the import inspector’s findings and a decision will be made as soon as possible within the bounds of operational requirements. The District Office will then inform the requesting firm of the result of the appeal.

9. REINSPECTION AND VERIFICATION OF RED MEAT CARCASSES

The Canadian inspectors shall identify the randomly selected samples by either numbering each carcass side or by marking the carcasses in such a way as they can be readily identified from the remainder of the lot. The selected samples shall be placed at the rear of the truck and sealed by CFIA. The truck seal number will be identified on the health certificate.

A written procedure for carcass sampling must be in place. It must clearly establish the responsibilities of all involved, describe the way random sampling will be achieved (table, computer...), where and when the carcass selection will be done and other pertinent details specific to the plant situation (see annexes L/6 and L/7 for more details).

9.1.2 Shipping Marks On Carcasses or Parts

Carcasses or parts may be shipped with shipping marks applied or displayed in one of two ways:

(1) Carcasses must bear the foreign establishment number; a unique shipping or lot identification mark; and the name of the country of origin, preceded by the words "product of". If the name of the country of origin appears as part of an official mark and it is prominently and legibly displayed, then the words "product of" may be omitted. These markings shall be applied either to the product, to the packaging encasing the product, or to a tag attached to the product.

(2) Or, Canadian meat products must be shipped under CFIA seal with identifying shipping marks on a placard inside the truck. The CFIA seal number must be recorded on the original Canadian health certificate.

9.2.2 Inspection Assignment. For "inspect" loads, the import inspector will check the seal and have the marked samples unloaded and staged at the designated import establishment. Inspections will be performed on each sampled carcass using existing inspection procedures and standards. The shipment will either pass or fail.

For "skip" loads, the inspector will check the shipment and documents according to the procedures in 8.4.1 of this section.

Verification will be performed by FSIS inspectors on shipments that have passed border inspection, but were not subject to product examination. Verification is not an inspection procedure impacting on the disposition of a load. Rather, verification is intended to compare the random samples selected by the CFIA and placed on the rear of the truck, with another set of random samples selected at destination.

9.3.2 Shipment Identification and Notification

The OIA will identify shipments subject to verification, once the product has entered the U.S. and passed border import inspection. The import inspector will seal the truck with a USDA seal to the destination site. The OIA will notify the import inspector assigned to perform the verification. The OIA will utilize HP Desk to notify the appropriate Field Operations Office of the verification activities. In turn, the Field Operations Office will notify the Inspector In Charge (IIC) of the verification and the IIC will notify plant management at least 24 hours in advance of the verification action. The IIC will also assist with removing the seal from the truck upon arrival and controlling the shipment until samples are selected.

The OIA will notify CFIA when lack of correlation is identified. All concerned will be informed accordingly and requested to take appropriate measures to correct the situation.

9.3.3 On Site Notification (Import Inspector Responsibility)

When the import inspector arrives at the destination site, he/she will notify either the IIC or plant management.

9.3.4 Samples Selection:

(1) Canadian selected samples: are initially separated and segregated once the truck is opened;

(2) second set: import inspector generates appropriate set of random numbers and furnishes numbers to plant management;

(3) numbered sides: if the sides are numbered, the numbers can be used to select and segregate the samples;

(4) duplicate numbers: since the entire shipment is subject to selection, if duplicate numbers are obtained for the second sample, then those numbers will be used in both samples;

(5) discrepancies: any discrepancies will be noted by the import inspector on FSIS Form 9530-1;

(6) rejected shipments: if the destination facility chooses to reject the shipment, then that shipment will not be off loaded for verification;

(7) Samples exceed tolerances of inspection standards: if any sample exceeds the tolerances to the inspection standards, all the carcasses in the shipment will be retained by FSIS until they are reworked by the destination establishment, reinspected by FSIS, and determined acceptable;

(8) submitting results: the completed FSIS Forms 9530-1 will be sent to the OIA;

(9) verification timing: verification can occur at any point in production prior to the trimming of the product; and

(10) after verification: product will be returned, and further processing will resume.

(1) equipment/lighting: when necessary, a stand will be furnished and 50 ft. candle power will be provided at the lowest point of the carcass at the verification site.

(2) identifying each load: the import inspector will obtain the health certificate number (CFIA number) and the carcass count from plant management for each verification shipment.

(3) documentation: the import inspector will document his/her verification findings on two FSIS Forms 9530-1: one for the Canadian selected samples and one for the second set of random samples.

9.4.2 Holding Shipments

If a shipment intended for verification is needed for further processing, and the import inspector has not arrived at the facility that day, the establishment is not required to hold the shipment.

9.4.3 Grading

Grading and rolling can occur either before or after verification.

10. Tightened and Hold

10.2 If a Canadian establishment is on tightened and hold for a laboratory failure, the operator has the option of testing the product exported prior to shipment. Preshipment testing must be done on an export shipment basis and not on a production lot basis as it has to be representative of the products covered by the certificate. When this option is chosen, the Canadian plant will fax the FSIS Form 9540-1, along with the corresponding export certificate showing the laboratory results from an accredited Canadian laboratory to the FSIS inspector. The results of analysis on the health certificate should be recorded as follows: "Product tested for _______with the following results:______". Laboratory results must be kept on file together with the export certificate.

N.B. In this case, the pre-certification protocol in annex L/3 must be followed. Please refer to annex N in the case of sulfa violation.

• In cases where the operator chooses not to test the product in Canada prior to export, the shipment will be held at the import inspection facility until the results of analysis on the samples taken by the FSIS inspector are known.
• Should there be a doubt as to what product is under intensified inspection, the OIA should be contacted. When outside of hours of operation, the inspector at the import inspection facility could be contacted.