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 1
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. 2
Canada-Indonesia Trade and Private Sector Assistance Project (TPSA) LEGISLATION • Administrative • Food and Drugs Act Monetary Penalties Act • Consumer Packaging • Canadian Food and labelling Act Inspection Agency Act • Feeds Act • Canada Agricultural • Fertilizer Act Products Act • Seeds/ Plant • Fish Inspection Act Breeders’ Act • Meat Inspection Act • Plant Protection Act • Health of Animals Act 3
Canada-Indonesia Trade and Private Sector Assistance Project (TPSA) Guiding Principles • Food processing & • Regulatory activities import industries are to be conducted must comply with by trained staff legislation • Consultation & • Any action taken is to education for all be fair, responsible, parties consistent and • Government staff will uniform take a pro-active role to promote and monitor compliance 4
Canada-Indonesia Trade and Private Sector Assistance Project (TPSA) Responses to Violations & Non-Compliance • Seek advice, guidance • Conduct and assistance from investigations Enforcement & • Determine the facts Investigative Services • Gather & preserve • Determine the most evidence appropriate action to achieve compliance 5
Canada-Indonesia Trade and Private Sector Assistance Project (TPSA) ENFORCEMENT OFFICIALS • 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 6
Canada-Indonesia Trade and Private Sector Assistance Project (TPSA) Monitoring and Assessing Compliance • Inspections • Audits • Verifications • Grading • Analyses • Sampling 7
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 8
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 9
Canada-Indonesia Trade and Private Sector Assistance Project (TPSA) Enforcement Tools 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 10
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) 11
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 12
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 13
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. 14
Canada-Indonesia Trade and Private Sector Assistance Project (TPSA) Prosecutions • For violations of the Act, Decree, Regulation or 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 15
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 16
Canada-Indonesia Trade and Private Sector Assistance Project (TPSA) Enforcement Options 2) Actions with respect to products, equipment or other things: - detention - seizure - quarantine - restrict or prohibit movement - written warning - prosecution -dispose or destroy 17
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 18
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 19 19
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 20
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 or 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. 21
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. of non-renewal of registration • CFIA revokes the fish processing registration of Establishment 4233, Red CoveSeafood Products inc. 22
Canada-Indonesia Trade and Private Sector Assistance Project (TPSA) Suspensions • 2015 : 20 suspensions • 2014 : 28 suspensions • 2013 : 18 suspensions 23
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