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CFIA – New Regulations and Informed Compliance

As an importer, you must keep current with the new and upcoming changes in regulatory requirements for all government departments.  The Canadian Food Inspection Agency (CFIA), for example, with regard to food and plant product imports, will have some changes.  The upcoming changes in regulations include:

The Food Safety Action Plan (FSAP) is a five year initiative that aims to modernize and strengthen Canada’s food safety system and increase collaboration and information sharing among government partners, industry, and consumers in the Imported Food Sector (IFS), as well as provide the Canadian Food Inspection Agency (CFIA) with an enhanced ability to communicate important information to importers to assist in mitigating food safety risks.

Imported Food Sector (IFS) products represent approximately 70% of food products sold in Canada.  An IFS product is any imported food or food ingredient for human consumption.

If you are an importer of IFS products, then becoming prepared for the full implementation of the Food Safety Action Plan (FSAP) is a MUST.  In the next two (2) years, the FSAP regulatory requirements will be enforced and if you are not in full compliance, you will be unable to import IFS products.

New regulations and informed compliance for solid wood packaging materials such as pallets, crates and dunnage.  If you are an importer of machinery or other non-CFIA regulated products, your imports will still fall under the aegis of the CFIA due the packaging materials used.  Are you and your vendors aware of the upcoming changes for all solid wood packaging materials exported from the United States?

To assist importers in becoming aware of the implications and requirements of the upcoming CFIA regulations, Pacific Customs Brokers is hosting a CFIA Seminar on Thursday February 24, 2011.  Carol Brown, LCB, CCS,  the instructor of the CFIA session, will be providing an update on the latest food licensing and wood packaging materials requirements as well as outlining basic documentation and tips to avoiding Administrative Monetary Penalty System fines. We strongly urge all persons involved in the transportation or importing of wood packaging materials and the  importing of food products to attend the CFIA Seminar.

For more information on registering for the CFIA Seminar, please email seminars@pcb.ca or contact Yvette Fox at 888.538.1566.

Posted on February 1st, 2011 by Gloria Brown
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Posted in Agriculture, Your Broker Knows

Are You Importing From Countries with Invasive Pests?

In order to import a product from another country into Canada, you or your customs broker must research the import requirements. Some import requirements may regulate an invasive pest (s) that is in the country of origin or the product being imported. The importance of these requirements is to ensure the safety of Canadian ecology and agriculture.

What is an invasive pest?

An invasive pest is any organism that is not native to Canada, but could make a home for itself to the detriment of any of Canada’s many climatic regions.

Not only are the products that are being imported required to be certified free of the pest in question, the packaging materials must also meet certain treatment standards or they will be refused entry into Canada.

Canada, being such an expansive country, has many different import requirements based on different climatic regions. For example, importing bell peppers from California into British Columbia requires certificates of origin or Phytosanitary Certificates certifying that the peppers are free of Light Brown Apple Moth, whereas importing those same peppers directly into Ontario requires no additional import certificates.

The Canadian Food Inspection Agency (CFIA) has published a comprehensive list of the invasive pests that Canada regulates, which includes: invasive insects, mollucs, virus, fungus, phytoplasma, plants, bacteria, nematodes, mite and unknowns that, after risk assessment, have been found to be a detriment, potential or otherwise, to Canada. Who knew so many different things could be classified as invasive?

Contained in this list is also the plant protection directives that the CFIA uses to enforce preventative measures for each pest. When using the CFIA Automated Import Reference System (AIRS) tool to check for import restrictions by commodity, it will also link back to each directive, but by commodity versus by pest. Some commodities are regulated for more than one (1) pest and therefore are covered by more than one (1) directive. These directives also outline the preventative methods and documents required for importing regulated commodities.

If an invasive pest is found in the commodity or its packaging, the shipment could:

1) be refused entry;

2) require treatment before export; or

3) be destroyed.

Takeaway: Before you import, check for import regulations. By acquiring the knowledge of which commodities are regulated and their import requirement, it will assist you in avoiding unforeseen consequences.

Posted on January 25th, 2011 by Gloria Brown
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Posted in Agriculture

U.S. and Canadian Wood Packaging Materials – Informed Compliance Enforcement

In 2005, Canada and the United States implemented, but did not enforce, wood packaging materials movement requirements.  Since that time, all U.S. and Canadian manufactured wood packaging materials, such as pallets, crates, dunnage etc., have been able to move freely through the shared border of both countries without having to prove pest control treatment methods used on the wood packaging materials.

Recently, both the United States and Canada have concluded pest-risk studies associated with the movement of wood packaging materials with the decision that several pest and logistical issues can be negated by requiring all wood packaging material moving between the two countries meet International Standards for Phytosanitary Measures No. 15 (ISPM 15) (2009) regulations.

ISPM 15 is the International Phytosanitary Measure developed by the International Plant Protection Convention (IPPC). It directly addresses the need to treat wood materials of a thickness greater than 6mm used to transport products between countries. Its main purpose is to prevent the international transport and spread of disease and insects that could negatively affect plants or ecosystems. ISPM 15 affects all wood packaging material (pallets, crates, dunnages, etc.) and requires that they be debarked, then heat treated or fumigated with methyl bromide, and then stamped or branded with a mark of compliance.  Products exempt from the ISPM 15 are made from alternative material, such as paper, plastic or wood panel products (i.e. OSB, hardboard, and plywood).

Both countries understand the potential financial and logistical impacts of these new regulations on Importers, Exporters and Producers of wood packaging materials, and to that end are working on creating and clarifying their directives (Canadian Food Inspections Agency) and rules (United States government) regarding the movement of wood packaging materials. Both countries are currently in discussion regarding the issuance of a fair harmonized approach to enforcement starting with a period of “informed compliance” starting in Spring 2011 moving towards full compliance in the Summer of 2012.

During the period of “informed compliance”, wood packaging materials found or suspected to be in non-compliance with the new wood packaging regulations would be allowed to move to the destination and the carrier will be notified of the ISPM 15 requirement. However, if pests are found then the Importer may be required to treat the non-complaint materials to prevent the spread of the pests, and/or the shipment may be refused entry.  Once full enforcement comes into affect, all non-compliant wood packaging materials will be refused entry by the destination country and, should pests be detected, may require the shipment be treated, at the cost of the importer, prior to returning the shipment to the exporting country.

Suggestions From Your Broker Knows:

If you are a Producer of wood packaging materials:  Research your options on how to become registered as an ISPM 15 (2009) compliant producer, if you are not already.

If you are an Importer or Exporter: Communicate with any party that is involved in the transportation of your imports to ensure that they are aware of the upcoming changes and are working on the transition to acceptable wood packaging materials.

If you are a transportation company:  Keep abreast of the up coming changes so that you can communicate them to your clients in order to not have your trucks delayed, and ensure that you only agree to transport ISPM 15 compliant wood packaging materials.

The memorandum regarding these regulations from the Canadian Food Inspection Agency Forestry Division, Plant Health and Biosecurity directorate can be found here.

Posted on January 18th, 2011 by Gloria Brown
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Posted in Agriculture, US Customs, Your Broker Knows

LBAM – Overcoming the Import Hurdles

One of the major hurdles that Importers of unrooted and rooted plants, cut flowers, cut foliage and decorative branches, and fresh fruits and vegetables must over come is understanding the import regulations regarding the invasive pest Epiphyas postvittana, more commonly know as the Light Brown Apple Moth (LBAM).  In 2007, United States Department of Agriculture confirmed the detection of LBAM in California 2007.  Shortly thereafter the Canadian Food Inspection Agency (CFIA) introduced Directive D07-03:Plant Protection (Phytosanitary) Import Requirements to Prevent the Entry of Epiphyas Postvittana (Walker) (light brown apple moth) to prevent the establishment of this pest and its potential to damage crops. This directive outlines the import requirements for all regulated host species from regulated areas.

LBAM is a pest that, in some areas, has been known to destroy up to 50% or more of a crop. The Southern Coastal region of British Columbia has been deemed an area of suitable geographic and climatic conditions for this pest meaning that if it is introduced into these environments then it will most likely become well established to the detriment of the agricultural community.

What is a host species?

A host species is any unrooted and rooted plants, cut flowers, cut foliage and decorative branches, and fresh fruits and vegetables that are included on the Taxa listed in CFIA’s list of regulated taxa.  In order to confirm if the commodities being imported are regulated, you must know its species name.

Some commodities, which may be regulated or part of a regulated host species, are exempt from LBAM import requirements.  These include:

  • Processed fruit and vegetables (e.g. sliced, chopped, peeled, cooked, dried, frozen, pickled, etc.)
  • Dried plant material
  • Dormant deciduous plants without leaves
  • Forage
  • Seeds
  • Below ground parts of plants (e.g. roots, tubers, corms)
  • Certain fruits and vegetables that have found to not harbor the pest as outlined in the list of regulated Taxa

What is a regulated area?

A regulated area is any area that is quarantined for LBAM based on the Directive’s list of regulated areas.  Currently, as of September 3, 2010, the regulated areas are:

Countries:

Australia                Great Britain        Ireland

New Caledonia        New Zealand

States within the United States of America:

Hawaii

Counties within the state of California:

Alameda                            San Joaquin
Contra Costa                      San Luis Obispo
Los Angeles                        San Mateo
Marin                                 Santa Barbara
Monterey                           Santa Clara
Napa                                 Santa Cruz
Sacramento                        Solano
San Benito                          Sonoma
San Diego                            Yolo
San Francisco

In order to ensure that commodities entering Canada are free of LBAM, the Canadian Food Inspection Agency (CFIA) requires certification by either a phytosanitary certificate for regulated host species originating in regulated areas certifying the commodity has been inspected and found free of LBAM; or a certificate of origin (found in D07-03 Appendix 5) completed by the exporter for regulated host species originating in the State of California from non-regulated counties.

If the commodity being imported is an exempt commodity, or is a fruit or vegetable that is destined to a province other than British Columbia and is not in transit through BC, then the requirement for a phytosanitary certificate or certificate of origin is waived.

Unrooted and rooted plants, cut flowers, cut foliage and decorative branches, unless meeting the requirements of exempted commodities, require certification no matter where they are destined to or entering Canada.

Shipments that do not meet the import requirements described in the directive will be refused entry, returned to origin, or destroyed, at the expense of the importer. If requested by the importer and determined feasible by the CFIA inspector, such shipments may be rerouted to other destinations or diverted to approved processing facilities, provided all documentation is in order and such a course of action does not cause unwarranted pest risk.

The CFIA can also update the directive at any time without notification.  To keep yourself informed of new regulations, we always recommended checking with CFIA directly, periodically checking the Directive for updates, and checking with your customs broker.

AIRS and LBAM

AIRS is the Automated Import Reference System published by CFIA to provide information about Canadian Import requirements for all commodities that they regulate.  It does this by using the 6 digit HS description (first 6 digits of the customs tariff), a 6 digit extension (which identifies the item), origin, destination and various end use, and miscellaneous codes.

When it comes to LBAM AIRS can be misleading at times. When selecting your item in AIRS, in some cases there is no specific listing (extension) for the product.  In those cases, the option used is “Other”.  When this option is used it encompasses all items that are not individually listed but are included in the 6 digit tariff level. If any items in the “Other” listing are regulated for LBAM, then CFIA has published “Other” to read as all items being regulated for LBAM.  What needs to be done any time the “Other” option is used is to refer directly to the LBAM Directive to check to see if your item is a regulated host species and is in fact regulated. Doing this will ensure that you are in compliance with all import requirements.

Please note that all information contained in this post is as current as possible for the date it was published.  The Canadian Food Inspection Agency can update, change or remove import requirements with notification.  It is always recommended to check import requirements before any product is shipped.

This post is specific to only the import requirements for the Light Brown Apple Moth; unrooted and rooted plants, cut flowers, cut foliage and decorative branches, and fresh fruits and vegetables may be subject to additional import requirements and regulations.

Posted on November 26th, 2010 by Gloria Brown
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Posted in Agriculture, Your Broker Knows

How to Import Produce Under New Requirements

On Oct 19, 2010, in our International Trade News section, we published information about the New Requirements for Importing Fresh Fruits and Vegetables.

Under the Licensing and Arbitration Regulations, Canadian purchasers of fresh fruit and vegetables are required to be licensed with the CFIA and/or be a member of the Dispute Resolution Corporation (DRC), if they are not exempt from the Regulations.

On December 1, 2010, the CFIA federal produce license number, or alternatively the Canadian DRC membership number, or a declaration of exemption, will be required to be part of the submission of import documentation for shipments of fresh fruits and vegetables coming into Canada. This will improve the information available regarding the identity of the importers and traceability of product.

What is a federal produce license?

A federal produce license is issued by the Canadian Food Inspection Agency (CFIA) under the Canada Agricultural Products Act in the Licensing and Arbitration Regulations (SOR/84-432). These regulations define the terms used in the fresh fruits and vegetables trade as well as creating arbitration rules and standards by which every licensee must abide.

What is the Dispute Resolution Corporation (DRC)?

The Fruit and Vegetable Dispute Resolution Corporation (DRC) is a private, non-profit organization comprised of produce and transportation companies from the three NAFTA countries established in 1999 pursuant to Article 707 of the North American Free Trade Agreement (NAFTA), which provides for the creation of private commercial dispute resolution organizations for agricultural goods. The DRC is the result of efforts by the North American produce industry and the governments from Canada, Mexico and the United States to create such an organization for fresh fruit and vegetable trade. The DRC was designed to build on existing services in the U.S. and fill a gap for international and domestic transactions in Canada and Mexico. At the outset, membership was reserved to companies whose place of business was in Canada, Mexico or the United States. An “Associate Member” category was added to extend the benefits of the organization to produce companies from outside North America when they are dealing with DRC members in North America.

The DRC’s goal is to provide the North American produce trade with harmonized standards, procedures and services necessary to avoid and resolve commercial disputes in a timely, cost-effective manner.

A declaration of exemption from the above requirements may be obtained from the CFIA if the importer is a retailer selling directly to consumers with sales under $230,000 per year.

A CFIA license and/or membership with the DRC provides a mechanism for dispute resolution of any quality or payment issues in produce transactions.

The bottom line is that if you are not a member of the DRC, do not have a federal produce license or a declaration of exemption after December 1, 2010, you will not be able to import produce classified in Chapters 7 and 8 of the Customs Tariff into Canada.  The CFIA is enforcing these requirements in order to provide and maintain a standard of quality and saftey to Canada’s Produce Industry as well as ensuring that all imports of produce are made by qualified parties.

If you have any questions please contact our Food Service Department at 888.538.1566 or email food@pcb.ca.

Posted on November 18th, 2010 by Gloria Brown
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Posted in Agriculture

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