Safe Food for Canadians Regulations (SOR/2018-108)

Marginal note:Import

• 357 (1) A food commodity that is imported and that is labelled with or advertised using an expression that is referred to in subsection 353(1) or (2) must

  • (a) meet one of the following requirements:

    • (i) be certified as organic under subsection 345(1),

    • (ii) be imported from a foreign state with which the Agency has entered into an agreement or arrangement regarding the import and export of organic products and be certified as organic, in accordance with the agreement or the arrangement, by an entity that is accredited by that foreign state, or

    • (iii) be imported from a foreign state with which the Agency has not entered into such an agreement or arrangement, but be certified as organic by an entity that is accredited by a foreign state that is referred to in subparagraph (ii) with the certification being in accordance with the agreement or arrangement referred to in that subparagraph;

  • (b) meet the requirements for the use of that expression under subsection 353(1) or (2), as the case may be; and

  • (c) meet the requirements of sections 354 and 355.

• Marginal note:Multi-ingredient food commodities

  (2) In the case of a multi-ingredient food commodity that is not an organic product and that is imported, the list of ingredients that is shown on the label of the food commodity may indicate which of the ingredients are organic products.

• Marginal note:Demonstration

  (3) The person who imports the organic product must be able to demonstrate that the product meets one of the requirements of paragraph (1)(a) by providing, at the request of the Minister or an inspector, a certificate that confirms the organic certification of the product.

• Marginal note:Retention period of certificate

  (4) The certificate referred to in subsection (3) must be kept for five years after the day on which the organic product is imported.

DIVISION 7Product Legend

Marginal note:Definition inspection mark in Act

358 For the purposes of the definition inspection mark in section 2 of the Act, the product legend that is set out in Schedule 9 is prescribed.

Marginal note:Application or use of product legend

• 359 (1) A person is authorized to apply the product legend that is set out in Schedule 9 to and use it in connection with a food commodity if

  • (a) the food commodity is an organic product; and

  • (b) in the case of a multi-ingredient food commodity, at least 95% of its contents are organic products.

• Marginal note:Advertisement and sale

  (2) A person is authorized to advertise and sell a food commodity that has on it the product legend that is set out in Schedule 9, or a food commodity in connection with which that product legend is used, if

  • (a) the food commodity is an organic product; and

  • (b) in the case of a multi-ingredient food commodity, at least 95% of its contents are organic products.

• Marginal note:Application or use — other than food commodity

  (3) A person is authorized, for advertisement or information purposes, to apply the product legend that is set out in Schedule 9 to, and use it in connection with, any item to which the Act applies other than a food commodity.

DIVISION 8Conformity Verification Bodies and Certification Bodies

Marginal note:Application for accreditation

360 Any person who wishes to be accredited as a certification body must apply for the accreditation, in writing, to a conformity verification body and must undergo an assessment, in accordance with ISO/IEC 17011, to verify

• (a) their compliance with ISO/IEC 17065;

• (b) their knowledge with respect to organic certification and that of their employees and of any persons acting on their behalf; and

• (c) the validity of their certification methodology and the validity of the results of that methodology.

Marginal note:Accreditation

• 361 (1) On the recommendation of a conformity verification body, accompanied by supporting documents, the Minister must accredit the applicant, provide them with an accreditation number and notify them in writing of the period of validity referred to in subsection (2).

• Marginal note:Period of validity

  (2) The accreditation of a certification body is valid for five years beginning on the day on which the Minister accredits the applicant.

Marginal note:Refusal

362 If the conformity verification body refuses to recommend the applicant’s accreditation, it must send them a written notice by registered mail that states the reasons for the decision and notifies the applicant of their right to make a request, within 30 days after the day on which they receive the notice, to the Minister for a review of the decision. The conformity verification body must also send a copy of the notice to the Minister.

Marginal note:Review

363 The Minister must, at the written request of the applicant, review the decision referred to in section 362 and, if the Minister decides to confirm it, must provide a copy of his or her decision with reasons to the applicant. If the Minister does not confirm the decision, the Minister must accredit the applicant, provide them with an accreditation number and notify them in writing of the period of validity referred to in subsection 361(2).

Marginal note:Suspension

• 364 (1) Subject to subsection (2), on the recommendation of a conformity verification body, the Minister must suspend the accreditation of a certification body if it does not comply with any provision of the Act, this Part or ISO/IEC 17065.

• Marginal note:Conditions

  (2) The Minister must not suspend an accreditation unless the certification body

  • (a) was provided with a written report that sets out the grounds for the suspension and the period within which corrective action must be taken in order to avoid the suspension; and

  • (b) failed to take corrective action within that period or, if the conformity verification body granted an extension at the written request of the certification body, within any later period specified by the conformity verification body.

• Marginal note:Extension of period

  (3) The conformity verification body may grant an extension of the period in which corrective action must be taken only once.

• Marginal note:Written notice

  (4) The Minister must notify the certification body in writing of the suspension and the date on which it takes effect.

• Marginal note:Provision of lists

  (5) The certification body must provide the Minister, within 15 days after the day on which the suspension takes effect, with a list of the holders of the certificates that it has granted and a list of pending applications for certification.

• Marginal note:Duration of suspension

  (6) The suspension of an accreditation must be lifted if the Minister determines, on the recommendation of the conformity verification body, that corrective action has been taken.

Marginal note:Cancellation

• 365 (1) On the recommendation of a conformity verification body, the Minister must cancel an accreditation if the certification body

  • (a) fails to take corrective action within 30 days after the day on which the accreditation was suspended;

  • (b) was not in compliance with section 15 of the Act in respect of the application made under section 360 or at any time during the period of validity of the accreditation; or

  • (c) continues, while their accreditation is suspended, to accept applications for certification, to make determinations under subsection 345(1) or 348(1), to suspend certifications under subsection 349(1) or to cancel certifications under subsection 350(1).

• Marginal note:Conditions

  (2) The Minister must not cancel an accreditation unless the certification body was notified in writing of the grounds for the cancellation and was provided with an opportunity to be heard in respect of the cancellation.

• Marginal note:Written notice

  (3) The Minister must notify the certification body in writing of the cancellation and the date on which it takes effect.

PART 14Seizure and Detention

Marginal note:Detention tag

366 An inspector who seizes and detains a thing under section 25 of the Act must apply or attach a detention tag to it which bears the following:

• (a) the expression “UNDER DETENTION” and the word “RETENU”, in capital letters;

• (b) the detention tag number;

• (c) a description of the thing;

• (d) the reason for the seizure and detention;

• (e) the date of the seizure and detention; and

• (f) the inspector’s name and signature.

Marginal note:Prohibition — removal of detention tag

367 It is prohibited for a person to remove a detention tag from a thing that has been seized and detained unless authorized to do so by an inspector.

Marginal note:Notice of detention

• 368 (1) As soon as feasible after a thing has been seized and detained, an inspector must provide a notice of detention to its owner or to the person having possession, care or control of it at the time of its seizure.

• Marginal note:Content of notice of detention

  (2) The notice of detention must indicate that the thing was seized and detained under section 25 of the Act and set out

  • (a) the detention tag number;

  • (b) a description of the thing;

  • (c) the reason for the seizure and detention;

  • (d) the date of the seizure and detention;

  • (e) the place of the seizure and detention;

  • (f) the inspector’s name and signature; and

  • (g) a telephone number to call for further information about the seizure and detention.

Marginal note:Storage conditions

369 Anything that is seized must be stored by the person to whom the notice of detention is provided, under storage conditions that are appropriate for its preservation and at the person’s expense.

Marginal note:Notice of release

370 If a thing is released under section 30 of the Act, an inspector must provide a notice of release to the person to whom the notice of detention was provided.

PART 15Transitional Provisions

Marginal note:18‑month delay

• 371 (1) Subsections 5(2) and 7(2), section 11, paragraphs 15(1)(a) and (b), subsections 18(3) and 19(2) and Parts 4 and 5 do not apply, for the 18‑month period that begins on the day on which these Regulations come into force, in respect of foods other than dairy products, eggs, processed egg products, fish, fresh fruits or vegetables, processed fruit or vegetable products, honey, maple products and meat products.

• Marginal note:Additional delay — four employees or less

  (2) Section 11 and Part 4 do not apply to any person who did not have more than four employees at any one time during the last 12 months of the period referred to in subsection (1) in respect of foods other than dairy products, eggs, processed egg products, fish, fresh fruits or vegetables, processed fruit or vegetable products, honey, maple products and meat products for 12 months after the last day of the period referred to in that subsection.

• Marginal note:Additional delay — $100,000 or less

  (3) Sections 11 and 45 to 85 do not apply to any person whose gross sales derived from food were $100,000 or less for the last 12 months of the period referred to in subsection (1) in respect of foods other than dairy products, eggs, processed egg products, fish, fresh fruits or vegetables, processed fruit or vegetable products, honey, maple products and meat products for 12 months after the last day of the period referred to in that subsection.

Marginal note:Fresh fruits or vegetables — 12-month delay

372 For the 12-month period that begins on the day on which these Regulations come into force, section 11 and Part 4 do not apply in respect of fresh fruits or vegetables and Part 5 does not apply in respect of fresh fruits or vegetables to any person who grows or harvests fresh fruits or vegetables unless the person is the holder of a licence to conduct an activity in respect of those fresh fruits or vegetables.

Marginal note:Aquaculture products — 24-month delay

• 373 (1) Part 13 does not apply in respect of aquaculture products — other than seaweed in respect of which a certification has been issued under section 13 of the Organic Products Regulations, 2009 — for the 24-month period that begins on the day on which these Regulations come into force.

• Marginal note:Exception

  (2) However, during that period, an application referred to in section 344 or 347 may be made in respect of any aquaculture product, including seaweed, and a certification in respect of the aquaculture product may be granted under section 345 or 348. If such a certification is granted, Part 13 applies in respect of any aquaculture product referred to in the certification.

Marginal note:Food commodities deemed to meet applicable requirements

• 374 (1) A food commodity that, immediately before the day on which these Regulations come into force, meets the requirements that apply in respect of that food commodity under the Consumer Packaging and Labelling Act, the Fish Inspection Act, the Food and Drugs Act, the Meat Inspection Act and the Canada Agricultural Products Act is deemed, as of the day on which these Regulations come into force, to meet the requirements that apply under these Regulations with respect to the manufacturing, preparing, storing, packaging and labelling of that food commodity if those activities are conducted before that day.

• Marginal note:Reference to Act

  (2) In paragraph 29(1)(a), subparagraph 30(a)(ii) and paragraph 39(c), a reference to “the Act” must be read to include a reference to any provisions of the Consumer Packaging and Labelling Act that apply in respect of a food, the Fish Inspection Act, the Meat Inspection Act, and the Canada Agricultural Products Act, as they read immediately before the coming into force of these Regulations.

• Marginal note:Inspection legends

  (3) For the purposes of sections 179 to 183, subsection 184(1), section 185, paragraphs 258(a), 282(1)(a) and 287(1)(a), the following are deemed to be an inspection legend that is set out in Figure 1 or 2 of Schedule 2, until December 13, 2022:

  • (a) in the case of a meat product, an inspection legend set out in Figure 1, 2 or 3 of Schedule III to the Meat Inspection Regulations, 1990, as they read immediately before the coming into force of force of these Regulations, or such an inspection legend without the registration number if it meets the conditions under subsection 93(3) of those Regulations, as they read immediately before the coming into force of force of these Regulations;

  • (b) in the case of a prepackaged processed egg product, the inspection legend set out in Schedule II to the Processed Egg Regulations, as they read immediately before the coming into force of these Regulations; and

  • (c) in the case of prepackaged fish, a mark or label with a designation that is referred to in section 28 of the Fish Inspection Regulations, as they read immediately before the coming into force of these Regulations.