Canada Canada-Indonesia Trade and Private Sector Assistance (TPSA) - - PowerPoint PPT Presentation

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Canada-Indonesia Trade and Private Sector Assistance Project (TPSA)

Compliance and Enforcement with the Food Safety, Plant Health and Animal Health Regulations in Canada

Canada-Indonesia Trade and Private Sector Assistance (TPSA) Prepared by: Yvon Bertrand May 2016

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Canada-Indonesia Trade and Private Sector Assistance Project (TPSA)

Compliance and Enforcement Activities

• The Canadian Food Inspection Agency (CFIA) uses a

risk-based approach to verify that domestically produced and imported products meet Canadian standards and regulations.

• CFIA compliance and enforcement actions occur all

along the supply chain and they involve numerous stakeholders and jurisdictions.

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Canada-Indonesia Trade and Private Sector Assistance Project (TPSA)

LEGISLATION

• Administrative

Monetary Penalties Act

• Canadian Food

Inspection Agency Act

• Canada Agricultural

Products Act

• Fish Inspection Act
• Meat Inspection Act
• Health of Animals Act
• Food and Drugs Act
• Consumer Packaging

and labelling Act

• Feeds Act
• Fertilizer Act
• Seeds/ Plant

Breeders’ Act

• Plant Protection Act

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Canada-Indonesia Trade and Private Sector Assistance Project (TPSA)

Guiding Principles

• Food processing &

import industries must comply with legislation

• Any action taken is to

be fair, responsible, consistent and uniform

• Regulatory activities

are to be conducted by trained staff

• Consultation &

education for all parties

• Government staff will

take a pro-active role to promote and monitor compliance

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Canada-Indonesia Trade and Private Sector Assistance Project (TPSA)

Responses to Violations & Non-Compliance

• Conduct

investigations

• Determine the facts
• Gather & preserve

evidence

• Seek advice, guidance

and assistance from Enforcement & Investigative Services

• Determine the most

appropriate action to achieve compliance

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Canada-Indonesia Trade and Private Sector Assistance Project (TPSA)

• CFIA Inspectors/ Veterinary Inspectors/ Analysts/ Graders
• Verification, assessment and monitoring compliance
• CFIA Enforcement and Investigation Services
• Gathering evidence that may lead to prosecution or AMP (search

warrants, continuity of evidence, statements from witnesses, surveillance, rules of admissibility of evidence)

• Other Agencies (CBSA-Customs) Specialists/ Officers

ENFORCEMENT OFFICIALS

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Canada-Indonesia Trade and Private Sector Assistance Project (TPSA)

• Inspections
• Audits
• Verifications
• Grading
• Analyses
• Sampling

Monitoring and Assessing Compliance

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Canada-Indonesia Trade and Private Sector Assistance Project (TPSA)

Factors to be considered:

• Offender’s history of compliance with the legislation
• Demonstrated willingness to achieve compliance
• Evidence of corrective action taken
• Intent
• Seriousness or harm or potential harm

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Canada-Indonesia Trade and Private Sector Assistance Project (TPSA)

Enforcement Tools

CFIA compliance and enforcement activities can occur:

• within the countries of Canada’s trading partners,
• at or near the Canadian border,
• domestically in food, animal and plant product

processing facilities,

• at points of distribution and retail sale, or
• at food service locations

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Canada-Indonesia Trade and Private Sector Assistance Project (TPSA)

Applying one or more of the tools, the CFIA can do the following:

• refuse to let shipments into Canada if they do not have the documentation

needed to track them and do not meet regulatory requirements.

• issue notices of violation for non-compliance with plant health and animal

health regulatory requirements (notices may contain a warning or penalty).

• suspend or cancel licences, registrations or permits for federally registered

establishments

• recommend to the Public Prosecution Service of Canada that violators be

prosecuted, depending on the severity of the violation or the escalation of enforcement actions

• seize and detain shipments and products if there is a need to control the

movement of certain products, for reasons such as health, safety and quality

• suspend or cancel organic certifications issued under the Canada Organic

Regime

Enforcement Tools

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Canada-Indonesia Trade and Private Sector Assistance Project (TPSA)

Enforcement Options

1) Actions with respect to individuals or companies:

• Advisement letter(s) (warnings)
• prosecution(s)

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Canada-Indonesia Trade and Private Sector Assistance Project (TPSA)

Warnings

A written advisement letter (warning) is appropriate when the non-compliance has not resulted, or is not likely to result, in significant or serious harm and it is believed that the letter will have the appropriate deterrent effect

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Canada-Indonesia Trade and Private Sector Assistance Project (TPSA)

Written warnings must contain:

• The section(s) of the Act or regulation contravened
• A summary of the facts and a description of the

contravention

• the time limit within which the regulated party must

comply with the warning

• a statement that if the warning is not heeded or there are

repeat violations, alternate enforcement action will be taken

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Canada-Indonesia Trade and Private Sector Assistance Project (TPSA)

Food Safety Program Non-Conformities

• A written warning is not mandatory, and is generally not

necessary, in the case of Non-conformities issued as a result of a Compliance Verification, however, enforcement will be considered if the processor failed to submit an acceptable CAP, or failed to meet the terms of the CAP submitted. If a warning letter has already been issued, suspension is likely the next step.

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Canada-Indonesia Trade and Private Sector Assistance Project (TPSA)

Prosecutions

• For violations of the Act, Decree, Regulation
• r other applicable legislation
• appropriate when the offence involves
• death of, or injury to, a person
• the willful, reckless, or negligent actions of the

regulated party pose a health and safety risk or constitute fraud

• the prohibited sale of food

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Canada-Indonesia Trade and Private Sector Assistance Project (TPSA)

Prosecutions

• Forging, altering or tampering with an inspection

certificate

• obstruction or interference with an inspector
• moving or interfering with any thing seized or

detained

• refusal to comply with a recall order
• a conviction for a previous similar offence or a

repeat offence

• based on past history of non-compliance, more

severe enforcement action is warranted

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Canada-Indonesia Trade and Private Sector Assistance Project (TPSA)

Enforcement Options

2) Actions with respect to products, equipment or

• ther things:
• detention
• seizure
• quarantine
• restrict or prohibit movement
• written warning
• prosecution
• dispose or destroy

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Canada-Indonesia Trade and Private Sector Assistance Project (TPSA)

Enforcement Options

3) Other actions:

• suspension of certificates of registration,

licenses or permits

• revocation of certificates of registration,

licenses or permits

• refusal to issue certificates of registration,

licenses or permits

• issuance of recall orders

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Canada-Indonesia Trade and Private Sector Assistance Project (TPSA)

Recourse Mechanisms

Recourse Mechanisms available to regulated parties

• Re-Inspection
• Board of Arbitration
• Opportunity to be heard
• Ministerial Review
• Review tribunal
• Judicial Review

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Canada-Indonesia Trade and Private Sector Assistance Project (TPSA)

What information is available?

Compliance and Enforcement operational policy

• Publication of enforcement data

– Suspensions and cancellations – Prosecution bulletins – Questions and answers – Quarterly reports of non-compliant and disposed food products – Quarterly reports of refused shipments – Quarterly reports of Administrative Monetary Penalties – Suspended and cancelled organic certifications – Suspended or cancelled accreditation of certification bodies

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Canada-Indonesia Trade and Private Sector Assistance Project (TPSA)

Suspensions and Cancellations

The CFIA's reasons for suspending, cancelling or refusing to renew the licence or registration of an establishment

• r company are generally one or more of the following:
• The operator of the establishment or company:
• has provided false information to the CFIA;
• has not maintained and operated the facility in accordance

with regulatory requirements;

• has not complied with other requirements of the Acts or

Regulations enforced by the CFIA;

• has not provided reasonable assistance to enable the CFIA

to carry out its duties; or

• has unpaid fees to the CFIA.

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Canada-Indonesia Trade and Private Sector Assistance Project (TPSA)

2016 Suspensions or Revocations

2016

• CFIA suspends the operating licence at Establishment

479, Les Viandes P.P. Hallé ltée (No longer holds a registration, effective 2016-03-09)

• CFIA suspends the fish import licence of Choy Foong

International trading Co. Inc. ( Date of reinstatement 2016-04-16)

• CFIA advises Establishment 1763 , Mannarich Food inc.
• f non-renewal of registration
• CFIA revokes the fish processing registration of

Establishment 4233, Red CoveSeafood Products inc.

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Canada-Indonesia Trade and Private Sector Assistance Project (TPSA)

Suspensions

• 2015 : 20 suspensions
• 2014 : 28 suspensions
• 2013 : 18 suspensions

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Canada-Indonesia Trade and Private Sector Assistance Project (TPSA)

CFIA publishing enforcement activity information

This data includes:

• food imports that have been refused entry into Canada;
• federally registered food establishments and other federally registered entities (e.g.

fish importers) whose licenses or registrations have been suspended, cancelled, or refused to be renewed; (date of license reinstatement is also posted when applicable);

• notices of violations with warning and/or with penalties issued under the Agriculture

and Agri-Food Administrative Monetary Penalties Regulations, including identifying repeat offenders of animal transport regulations;

• confiscated and disposed domestic food products that could not be brought into

compliance;

• certification holders who have had their organic certification suspended or cancelled

under the Canada Organic Regime; and

• confiscated and disposed imported food products that could not be brought into

compliance.

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Canada-Indonesia Trade and Private Sector Assistance Project (TPSA)

Food Shipments Refused Entry into Canada

• The CFIA refuses entry to shipments that are not

compliant with Canada's requirements. This is done before the product reaches the Canadian border.

• In the following tables, "prohibited" means that the

shipment was refused entry due to non-compliance with regulatory requirements. "other" refers to information on the required documentation that is either missing or inaccurate.

– 18 food refusals from April to September 2015 – 33 food refusals for 2014-2015

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Canada-Indonesia Trade and Private Sector Assistance Project (TPSA)

Enforcement disclosure

• Making this information public is a fair,

balanced and measured approach to protecting the safety of Canada's food supply and the resources upon which it

• depends. And, ultimately, it promotes public

confidence in the federal government's enforcement actions.

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Canada-Indonesia Trade and Private Sector Assistance Project (TPSA)

Administrative Monetary Penalties (AMPs)

An Administrative Monetary Penalty (AMP) can be either a notice of violation with a warning, or a notice of violation with a penalty.

• The amount of the penalty given to a person for an offence that is

committed other than in the course of business, and that is not committed to obtain a financial benefit can be between $500 and $1300.

• The amount of the penalty given to a person for an offence that is

committed in the course of business, or in order to obtain a financial benefit can be between $1300 and $10 000.

• Penalties can be increased by 50 per cent of the original fine based

upon the gravity of the violation and the compliance history of the

• ffender, up to a maximum of $15,000.

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Canada-Indonesia Trade and Private Sector Assistance Project (TPSA)

AMPs Issued Across Canada

• 2015 - July to September

: $391,300

• 2015 - April to June : $353,400
• 2015 - January to March : $ 307,400
• 2014 - October to December : $ 205,000

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Canada-Indonesia Trade and Private Sector Assistance Project (TPSA)

Suspended and Cancelled Organic Certifications

• Certification bodies accredited by the Canadian Food

Inspection Agency can suspend a holder's certification if the holder has not complied with any provision of the Organic Products Regulations, 2009, the Canada Agricultural Products Act or the issued organic certificate.

• 2016 – January to March : 33 suspensions
• 2015 - October to December : 81 suspensions

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Canada-Indonesia Trade and Private Sector Assistance Project (TPSA)

Compliance and Enforcement

• QUESTIONS AND COMMENTS

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Canada-Indonesia Trade and Private Sector Assistance Project (TPSA)

Terima Kasih Thank You