Food and Agricultural Import Regulations and Standards

An Expert's View about Agriculture and Animal Husbandry in Canada

Posted on: 30 Jan 2012

The report identifies export certificates issued by U.S. government issuing authorities to comply with Canadian import standards and regulations

THIS REPORT CONTAINS ASSESSMENTS OF COMMODITY AND TRADE ISSUES MADE BY USDA STAFF AND NOT NECESSARILY STATEMENTS OF OFFICIAL U.S. GOVERNMENT POLICY Required Report - public distribution Date: 12/23/2011 GAIN Report Number: CA11071 Canada Food and Agricultural Import Regulations and Standards - Certification FAIRS Export Certificate Report Approved By: Robin Gray Prepared By: Maria Arbulu Report Highlights: The report identifies export certificates issued by U.S. government issuing authorities to comply with Canadian import standards and regulations or to attest that the product is subject to U.S. government regulation. This report is intended as a supplement to the Food and Agricultural Importation Regulation Report (FAIRS) submitted in December 2011, CA11073. Updates, including some new hyperlinks and up to date contact information, were made to the sections covering Food and Drug Administration (FDA) contacts, organic standards, and the Codex Committee on Food Import and Export Certification. Table of Contents: Executive Summary ...................................................................................................................... 3 Section I. List of All Export Certificates Required By Government (Matrix): ..................... 3 Section II. Purpose of Specific Export Certificate(s) ................................................................ 4 NAFTA Certificate of Origin ...................................................................................................... 4 USDA Export Verification (EV) Program for Bison ................................................................... 4 Meat and Poultry Export Certificate .......................................................................................... 4 Zoosanitary Export Certificate ................................................................................................... 4 Phytosanitary Certificate ............................................................................................................ 5 Fresh Fruit and Vegetable Inspection Certificate ...................................................................... 5 Section III. Other Export Certification/Accreditation Requirements .................................... 5 NOAA Inspection Certificate ...................................................................................................... 5 Food and Drug Administration ................................................................................................... 6 Organic ....................................................................................................................................... 6 Organic Equivalency Agreement ............................................................................................ 7 Organic Production Standards ................................................................................................ 8 Codex Committtee on Food Import and Export Certification and Inspection Systems .............. 9 Section IV. Specific Attestations Required on Export Certificate(s) ...................................... 9 Section V. Government Certificate’s Legal Entry Requirements ......................................... 10 APHIS Export Certification Manual ......................................................................................... 10 Appendix I. Electronic Copy or Outline of Each Export Certificate ..................................... 11 Appendix II. USDA Organic seal and the Canada Organic Biologique logo ........................ 13 2 Executive Summary This report identifies export certificates issued by recognized U.S. government authorities to comply with Canadian import standards and regulations or to attest that the product is subject to U.S. government regulation. It is an update to the Food and Agricultural Importation Regulation Report (FAIRS) Export Certificate Report submitted in September 2010 as CA0033. This is not intended as a compendium of Canadian import requirements but rather as a supplement to the Food and Agricultural Importation Regulation Report (FAIRS) submitted in December 2011 as CA11073. It was prepared by the Office of Agricultural Affairs of the USDA/Foreign Agricultural Service in Ottawa, Canada for U.S. exporters of domestic food and agricultural products. While every possible care was taken in the preparation of this report, information provided may not be completely accurate either because policies have changed since its preparation, or because clear and consistent information about these policies was not available. It is strongly recommended that U.S. exporters verify the full set of import requirements with their foreign customers, who are normally best equipped to research such matters with local authorities, before any goods are shipped. FINAL IMPORT APPROVAL OF ANY PRODUCT IS SUBJECT TO THE IMPORTING COUNTRY'S RULES AND REGULATIONS AS INTERPRETED BY BORDER OFFICIALS AT THE TIME OF PRODUCT ENTRY. Section I. List of All Export Certificates Required By Government (Matrix): Product(s) Name of Purpose/Attestation Issuing Authority Legal Electronic Certificate Authority Requiring Reference Copy Certificate Attached All NAFTA To claim Bureau of Canada Border NAFTA YES Certificate of preferential tariff Customs and Service Origin treatment Border Agency(CBSA) CBP, form 434 Protection Bison USDA To attest to Agricultural Canadian Food Meat NO (Buffalo) Beef Export eligibility to export Marketing Inspection Inspection Verification beef to Canada Service(AMS) Agency Regulations (EV) Program (CFIA) Certificate Meat and FSIS Product Safety and Food Safety CFIA Meat NO Poultry Form 9135-3, Wholesomeness and Inspection Inspection Products Certificate for Service (FSIS) Regulations Export of Meat and Poultry Products to Canada Live Zoosanitary Animal Health Animal and CFIA Animal NO Animals, Export Plant Health Health Honeybees Certificate Inspection Regulations VS Form 17-140 Service (APHIS) Plant and Phytosanitary Plant Health, APHIS CFIA Plant Health YES Plant Certificate Freedom from Pests Regulations Products PPQ Form 577 Fresh Fresh Fruit and Grading and Quality AMS CFIA Fresh Fruit NO Apples, Vegetable and Onions, Inspection Vegetable Potatoes Certificate Regulations FV-300 Fish and National Vessel And Plant NOAA none Voluntary NO 3 Seafood Oceanic and Sanitation, Product Atmospheric Inspection, Grading, Administration Safety And (NOAA) Wholesomeness Inspection Certificate Other U.S. Food Drug The Food is FDA Not a N/A NO Foods Agency (FDA) Regulated by FDA requirement of Certificate of entry Export Section II. Purpose of Specific Export Certificate(s) NAFTA Certificate of Origin This is a trilaterally agreed upon form used by Canada, Mexico, and the United States to certify that goods qualify for the preferential tariff treatment accorded by NAFTA. The Certificate of Origin must be completed by the exporter. A sample is provided in Appendix I, and is available on the U.S. government export portal: http://forms.cbp.gov/pdf/CBP_Form_434.pdf USDA Export Verification (EV) Program for Bison The EV certification provides the specified product requirements for marketing U.S. bison/buffalo to Canada. The requirements apply to U.S. suppliers (slaughterers, fabricators, or processors) of bison, bison product, and bison offal items that are eligible for export to Canada as listed with the Food Safety and Inspection Service (FSIS). There is no longer an EV requirement for beef and beef products to Canada. Meat and meat products derived from this species must be produced under an approved Agriculture Marketing Service (AMS) EV program. The Audit, Review, and Compliance Branch of AMS has been assigned responsibility for reviewing and approving companies as eligible suppliers of meat and meat products under the USDA Export Verification (EV) Programs. Additional information about the EV program and a list of EV approved establishments can be obtained from the following websites: http://www.ams.usda.gov http://www.ams.usda.gov/AMSv1.0/getfile?dDocName=STELDEV3103514 Meat and Poultry Export Certificate FSIS Form 9135-3, Certificate for Export of Meat and Poultry Products to Canada certifies that U.S. meat and poultry exports to Canada meet the eligibility, safety and wholesomeness requirements laid out in the Canadian Meat Inspection regulations for imports of meat and poultry from the United States. Additional information about the EV program can be obtained at the following web link: http://askfsis.custhelp.com/app/answers/detail/a_id/1344/~/fsis-form-9135-3 Zoosanitary Export Certificate 4 This an animal health form certifies that certain live animals and bees meet the animal health import requirements of Canada. For further information, see the electronic Animal Products Manual of the Animal and Plant Health Inspection Service of USDA: http://www.aphis.usda.gov/regulations/vs/iregs/animals/ Honey Bees Queens: http://www.aphis.usda.gov/regulations/vs/iregs/animals/downloads/ca_hb_us_pc.pdf Phytosanitary Certificate A phytosanitary certificate certifies that the plants or plant products are free from quarantine pests, practically free from other injurious pests, and conform to the current phytosanitary regulations of Canada. For further information see the electronic manuals of the Animal and Plant Health Inspection Service (APHIS) of USDA: http://www.aphis.usda.gov/import_export/plants/manuals/online_manuals.shtml APHIS export certificates are available on the APHIS Export Services Program webpage in two categories; downloadable and viewable: http://www.aphis.usda.gov/import_export/plants/plant_exports/export_certificates_forms.shtml Fresh Fruit and Vegetable Inspection Certificate AMS form FV-300 certifies that U.S. fresh apples, onions, or potatoes meet Canadian import standards for grade and quality established in the Canadian Fresh Fruit and Vegetable Regulations. More information on standards and the form can be found at the AMS webpage: http://www.ams.usda.gov/AMSv1.0/ams.fetchTemplateData.do?template=TemplateA&navID=FreshPro ductInspectionService&rightNav1=FreshProductInspectionService&topNav=&leftNav=&page=FreshFV Grading&resultType http://www.ams.usda.gov/AMSv1.0/getfile?dDocName=STELDEV3049435 Section III. Other Export Certification/Accreditation Requirements NOAA Inspection Certificate The National Oceanic and Atmospheric Administration (NOAA) Seafood Inspection Program offers a variety of professional inspection services which ensure compliance with all applicable food regulations. In addition, product quality evaluation, grading and certification services on a product lot basis are provided. Benefits of obtaining a certificate include the ability to apply official marks, such as the U.S. Grade A, Processed Under Federal Inspection (PUFI) and Lot Inspection. 5 Additional information on the Export Certification program an be obtained at the following web link: http://www.seafood.nmfs.noaa.gov/Export_Certification.html Food and Drug Administration The U.S. Food and Drug Administration can issue a Certificate of Export, which will generally indicate that the product is regulated by the Food and Drug Administration (FDA) and that the product is not at that time the subject of any enforcement action by the FDA. Such certificates are neither guarantees nor a certification of the product's safety nor quality. The Certificates of Export are issued at the request of a domestic (U.S.) company. FDA will issue Certificates assuming the product meets the requirements of 801(e) of the Federal Food, Drug, and Cosmetics Act as follows: 1. accords to the specifications of the foreign purchaser, 2. is not in conflict with the laws of the country to which it is intended for export, 3. is labeled on the outside of the shipping package that it is intended for export, and 4. the particular shipment is not sold or offered for sale in domestic commerce. The U.S. Food and Drug Administration's Center for Food Safety and Applied Nutrition now has seven offices that process requests for Certificates of Export. For more information contact the FDA Outreach and Information Center at the information listed below: Center for Food Safety and Applied Nutrition Food and Drug Administration 5100 Paint Branch Parkway College Park, MD 20740 Phone: 1-888-723-3366 Email: industry@fda.gov For more information about FDA Certificate of Export, go to the following FDA webpage: http://www.fda.gov/Food/InternationalActivities/Exports/default.htm Organic New organic products regulations (OPR) align certification with the National Standard for Organic Agriculture mandatory for all organic products as of June 30, 2009. These regulations fall under the authority of the Canada Agricultural Product Act (CAPA), which regulates the use of the Canada Organic Label. Requirements and regulations for methods of production must comply with the most recent edition of the CAN/CGSB-32.310 Organic Production Systems General Principles and Management Standard; which can be found here: http://www.ocia.org/ResourceCenter/Training/COR_SP/COR_Stds_Final.pdf 6 Under this regime, in order to market a product as organic in Canada, the product needs to be certified by a certification body accredited by a Conformity Verification Body (CVB) recognized by the Canadian Food Inspection Agency (CFIA). Canada has updated their Organic Products page to include links to OPR 2009, the Draft Stream of Commerce Enforcement Policy, the list of CVBs that have applied, CFIA, as well as other information and documents relative to the Canadian Organic Regime. The links to CFIA organic products page can be found below: http://www.inspection.gc.ca/english/fssa/orgbio/orgbioe.shtml Although Canada has had organic standards since 1999, it was formerly voluntary and not supported by regulation. Now, new mandatory standards are in place. Organic claims are required to be printed in English and French. A government logo bearing the official program name “Canada Organic Regime” is available to indicate organic compliance to the Canadian regulation. Use of the seal is voluntary. The new version of the regulations also allows CFIA to enter into equivalency agreements with other countries. The import and sale of organic food products in Canada are governed by the same rules and regulations that apply to non-organic food products. No distinction is made between organic and non-organic food with regard to import requirements. Currently, all Canadian packaging and labeling, grade, and inspection regulations apply equally to organic and non-organic foods. Organic Equivalency Agreement On June 17, 2009, the United States and Canada jointly announced an organics equivalency agreement, the first one of its kind. The equivalency agreement follows a review by both nations of the other’s organic certification program and a determination that products meeting the standard in the United States can be sold as organic in Canada, and vice versa. Under a determination of equivalence, producers and processors that are certified to the National Organic Program (NOP) standards by a U.S. Department of Agriculture accredited certifying agent do not have to become separately certified to the Canada Organic Product Regulation (COPR) standards in order for their products to be represented as organic in Canada. Likewise, Canadian organic products certified to COPR standards may be sold or labeled in the United States as organically produced. Both the USDA Organic seal and the Canada Organic Biologique logo (pictured in Appendix II) may be used on certified products from both countries. The COPR has been in effect since June 30, 2009. The equivalency agreement is expected to lead to greater market opportunities for organic producers in both countries. The Organic Trade Association (OTA) in Canada has published an unofficial list of certifiers operating in Canada. Additions to this list, as well as details on certifiers active outside of Canada are expected in the coming year. To view this information, visit: http://www.ota.com/otacanada/abcb.html For more information about the Canadian government’s Organic Product Regulations and about the organic agriculture industry in Canada, go to the following websites: Organic Products Regulations, 2009: 7 http://gazette.gc.ca/rp-pr/p1/2009/2009-02-14/html/reg1-eng.html Canadian Food Inspection Agency: http://www.inspection.gc.ca/english/fssa/orgbio/orgbioimporte.shtml For more information contact: Dennis Doermer Agriculture and Agri-Food Canada Beverages and Organics Section 1341 Baseline Road Tower 5, Floor 2 Ottawa, Ontario Canada K1A 0C5 Telephone: 613-773-0180 Fax: 613-773-0200 Email: dennis.doermer@agr.gc.ca Michel Saumur National Manager Canadian Food Inspection Agency Canada Organic Office 1400 Merivale Road, Tower 1, Floor 4, Room 142 Ottawa, Ontario Canada K1A 0Y9 Telephone: 613-773-6218 Fax: 613-773-6282 Email: Michel.Saumur@inspection.gc.ca Agriculture & Agri-Food Canada: http://www4.agr.gc.ca/AAFC-AAC/display-afficher.do?id=1183748510661&LANG=3 Organic Production Standards The definitions of Canada’s production methods for organic agriculture and the substances used (i.e., permitted substances list) are laid out in the Canadian General Standards Board’s (CGSB) publications entitled the Organic Production Systems General Principles and Management Standards and the Organic Production Systems Permitted Substances List. These documents are available on the following CGSB webpage: http://www.pwgsc.gc.ca/cgsb/on_the_net/organic/index-e.html Codex Committee on Food Import and Export Certification and Inspection Systems The Codex Committee on Food Import and Export Certification and Inspection Systems is charged with developing principles and guidelines for food import and export certification and inspection systems. Included in the charge is the application of measures by competent authorities to provide assurance that foods comply with essential requirements. Recognition of quality assurance systems 8 through the development of guidelines will help ensure that foods conform to the essential requirements. Food Import and Export Food Inspection and Certification Systems materials adopted by the Codex Alimentarius Commission are located in Volume 1A of the Codex Alimentarius, General Requirements. The 18th Session of CCFICS was held in Australia from March 1 – 5, 2010. The Committee was scheduled to continue work on: Proposed draft Guidelines for the Conduct of Foreign Audit Team Inspections; Proposed Draft Principles and Guidelines for the Conduct of Foreign On-site Audits and Inspections; Proposed Draft Principles and Guidelines for National Food Control Systems. For more information on the 18th Session's outcome see: http://www.fsis.usda.gov/codex_alimentarius/Delegate_Report_18CCFICS/index.asp The 20th Session of CCFICS is tentatively scheduled to be held in Australia, from February 18 -22, 2013 at a venue to be announced. Section IV. Specific Attestations Required on Export Certificate(s) The United States does not require phytosanitary export certification but provides the service, if requested. Plant Protection and Quarantine (PPQ) is the unit within the Animal and Plant Health Inspection Service (APHIS) that serves to assist exporters in meeting the plant quarantine import requirements of foreign countries. Also: see details of certificates in Section I. 9 Section V. Government Certificate’s Legal Entry Requirements APHIS Export Certification Manual This manual serves as an operational reference to be used by inspectors when inspecting and certifying plants and plant products offered for export and when issuing federal plant export certificates. It provides Authorized Certification Officials specific instructions on how to help exporters meet the plant quarantine import requirements of foreign countries. For additional information on APHIS Export Certification services, go to the following APHIS webpage: http://www.aphis.usda.gov/import_export/plants/plant_exports/ Also: see details of certificates in Section I. 10 Appendix I. Electronic Copy or Outline of Each Export Certificate Samples of several export certificate forms are shown on the following pages. Example: NAFTA Certificate of Origin 11 Example: State Application for Inspection and Certification of Plants and Plant Products for Export 12 Appendix II. USDA Organic seal and the Canada Organic Biologique logo 13
Posted: 30 January 2012

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