Archive for the ‘Importing Food Products’ Category


 

Unexpected Costs When Importing into Canada

Shocked!After months of effort, you successfully establish a solid foreign source for a product line. You have met with the manufacturer and are confident with the company and their ability to produce a quality product that meets your criteria and time frame. You have determined packaging and labeling requirements, sought out a good freight forwarder to manage the movement of the goods, and have carefully researched the customs clearance process with your customs broker. Terms of sale, financing, tariff classification, import documents – everything is in order. In short, you have done all your homework to purchase the right product for the right price to get it to the right place at the right time.

So would you anticipate paying any other costs to import your goods? Probably not – because you have carefully covered all possibilities. However, let’s look at some of those unexpected fees that could occur. Some which are preventable and some which could happen even if you have done everything correctly.

Customs exams: Most of these are totally unavoidable. As the front line of defense for goods entering a country, any Customs agency in the world has the right to examine goods and will never divulge their process for determining which shipments are examined and which are not. In particular, you can probably expect an increased chance for an exam if you are importing from overseas for the very first time, or if you import from countries which could be deemed to be a higher risk.

Potential costs? Full ocean container inspections start around $850. Less Than Container Load (LCL) shipments are significantly lower and start around $35.

Canadian Food Inspection Agency (CFIA) exams: There are many other government departments involved with the importation of goods, however, the CFIA is the predominate one. They are Canada’s watchdog when it comes to imports of food, meat, fruit & vegetables, plants and flower bulbs to name but a few of the products under their governance. This also gives them the authority to conduct their own examinations independently from Canada Customs. Quite often these examinations are done on site for regular importers, however, the CFIA will determine this based on their own criteria. Currently wood packaging is a huge target on their radar due to the various types of bugs which can hide in untreated or raw lumber.

Potential costs? There are usual costs that the CFIA issues for standard inspections (http://www.inspection.gc.ca/english/reg/cfiaacia/feesfrais/feesfraise.shtml) but if goods are held in detention the costs could be over $100/hour. When it comes to improper wood packaging or if they find bugs (dead or alive) inside a shipment, the repercussions could be substantial – $1000 and upward. If they deem the risk too high, they can refuse the entry of the goods into Canada. Are these avoidable? The latter situation is however the CFIA works in a similar approach to Customs and has the right to examine shipments as they determine.

Demurrage, detention and storage fees: These are fees usually assessed for rail or ocean freight movements when free time has expired. The amount of free time that you have to move the container from the dock or rail yard will largely depend on several factors: the mode of transportation (rail or ocean), the terminal location (for example, Vancouver could be different than Montreal), and the shipping line or freight consolidator (in the event of less than container load freight). Your best course of action is to communicate closely with your freight forwarder or customs broker to verify who is looking after the final delivery once the container arrives at the terminal.

Potential costs? Based on the aforementioned factors the rates for a full container range from about $100 to $200 per day. In many cases the daily rate will continue to increase if freight remains at the terminal longer than three days.

AMPS penalties: AMPS is an acronym for the Administrative Monetary Penalty System which came into effect in 2002.  AMPS covers a wide range of importing and exporting infractions where the penalties are administered by the CBSA (Canada Border Services Agency) and could be issued at either the time of entry into Canada, or during an audit or import review. To view the entire master penalty document go to:  AMPS – Master Penalty Document.

Potential penalty amounts? There is a broad range of penalties from $150 per instance to $25,000. It is important to note that in most cases penalties increase with subsequent occurrences of the same infraction therefore if you do receive an AMPS penalty please put procedures in place to avoid future penalties which can only become more costly.

Avoidance? The best method is to have a solid understanding of your responsibilities as the importer of record and to build a compliance program with your customs broker. For a review of some of the key areas, please refer to our previous blog -Topics You Should Include When Documenting Your Import Process.

No one likes unpleasant, particularly costly, surprises especially at a time when profit margins are slim and time frames are short. The intent of this information was to make importers aware of some of the unforeseen situations so they can be best prepared when making a foreign purchase. As always, please feel free to contact Pacific Customs Brokers, if you should have questions or need assistance. Better to ask than assume.

Critical Change to U.S. Meat Inspection Notification Process

SteakDo you transport loads containing meat or food products that contain meat from the United States? If so, you will want to read on for some positive changes implemented by the Canadian Food Inspection Agency (CFIA).

The U.S. Department of Agriculture (USDA) inspects and certifies all meat shipments from the U.S. before the meat is exported to Canada. As an additional measure to verify the safety of U.S. meat, the CFIA conducts random inspections of incoming meat shipments.

Effective May 16, 2011, customs brokers, Importers or carriers can verify inspection details by accessing the new Automated Shipment Inspection Status Search Tool (ASISST) for only those meat shipments presented for electronic release.

Online queries can be made by using the customs broker’s 14 digit transaction number or the complete Official Meat Inspection Certificate (OMIC) number. Queries can be made by visiting this website:

http://airs-sari.inspection.gc.ca/ASISST-ORASI/english/common/ASISST-eng.aspx

You can obtain the customs broker’s transaction number when calling them or when checking their online search tool for the status of your Pre-Arrival Review System (PARS) entry.

For meat shipments presented in paper format, the customs broker, Importer or carrier will have to contact the Meat Import Control Centre (MICC) at 877.682.5191 to obtain your inspection instructions. When calling the MICC, they will ask you for the OMIC number.

Queries can be made via ASISST or by phone to the MICC only after your shipment has cleared Canadian Customs. A shipment is considered Canadian Customs cleared when (upon arrival at the border) the Canada Border Services Agency (CBSA) officer has stamped the import documents with the CBSA release stamp. The CBSA will no longer use the CFIA “Report for Full Meat Inspection” stamp. Once you have a release stamp on your paperwork, you must verify your inspection instructions (full inspection or skip lot) and proceed accordingly on your journey.

If you have any questions about this tool, please call Pacific Customs Brokers at 888.538.1566 for more information.

U.S. Food Safety Modernization Act – Does It Affect Me?

If you manufacture, process, pack, transport, distribute, receive, hold, export or import food, or food components for human or animal consumption in the USA, you will be affected by these new regulations.

The Centers for Disease Control and Prevention states that about 48 million people (1 in 6 Americans) get sick; 128,000 are hospitalized; and 3,000 die each year from food-borne diseases, most of which are preventable.  The Food Safety Modernization Act (FSMA) of 2010 is the most sweeping food safety legislation in 70 years, and will require almost all food related companies doing business with or in the USA to meet stringent new safety standards.  This legislation affects all food related companies, both domestic and international.  While it is expected that there may be some adjustments in the requirements for certain businesses, at this time there are no exemptions provided for businesses based on the size of a firm or facility.

The scope of the FSMA is expansive.  In essence, it creates a continuous chain of accountability from the farm to the table.  While resources for this Act have not yet materialized – or even been requested of Congress by the Food & Drug Administration (FDA) – it is clear that the monetary impact of implementing these new requirements is going to be felt by the food industry.  While the FSMA is scheduled to take effect over the course of the next couple of years, with final mandates in place before 2014, it is crucial that companies doing business that fall under FDA jurisdiction begin reviewing and modifying policies and procedures now in order to assure timely compliance.

The FSMA was signed into law on Jan 4, 2011, and many parts of the legislation became effective immediately. This included increased authority of the FDA to demand records access; greater frequency of inspections increasing based on risk-based priorities; strengthened “whistle-blower” protection; and mandatory recall authority for products that have a reasonable probability of serious adverse health consequences.

Measures that are part of the FSMA, but are not immediately in effect, include certification by certain entities of all food articles – this is expected to be in place by the end of 2013.  The FDA has not yet clarified who will be considered “certifying entities”, however the Act states that they will be an agency or representative of the government of the country from which the article originates, or as the FDA designates, other third party auditors.

The FDA has yet to publish a list of all food categories that will require certification; they have, however advised that they expect to release this list within 12 months of enactment of the law.  The criteria to be used in this placing a product on this list include: known safety risks for a particular food, country or region of origin of the food, or based on scientific, risk-based evidence of inadequacy of the food safety system of the country or region of origin.

In addition to the above certification, the FSMA also requires food facilities to implement a written preventive control (safety) plan, including provisions for monitoring of the effectiveness of those controls and develop written corrective action plans for potential mishaps.  While there is currently an FDA Food Facility Registration in place, adherence and inclusion are expected to be more broadly required.  Record-keeping systems and traceability will be highlighted, and food facilities which have not previously been required to do so will now be required to complete a risk-based Hazard Analysis and Critical Control Points (HACCP) plan.

To assist you in becoming more informed regarding this Act, Pacific Customs Brokers is hosting an FDA Seminar on Thursday, February 24, 2011. For more information on registering for the FDA Seminar, please email seminars@pcb.ca or contact Yvette Fox at 888.538.1566.

CFIA – Proposed Food Licensing

In December 2007, the Government of Canada proposed the Food Safety Action Plan (FSAP) as part of their broader Food and Consumer Safety Action Plan.

This action plan 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 providing 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 2 years, the FSAP regulatory requirements will be in full force and if you are not in full compliance, then you will be unable to import IFS products.

To assist importers in becoming aware of the implications and requirements of the Food Safety Action Plan, Pacific Customs Brokers is hosting a CFIA Seminar on Thursday, September 30th, 2010.  Carol Brown, LCB, CCS,  the instructor of the CFIA session, will be providing an update on the latest food licensing requirements. We strongly urge all persons involved in the importing of food products 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.