CHAPTER 9
IMPORTS
9.1
OBJECTIVE.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-1
9.2
SCOPE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-1
9.3
REQUIRED FORMS AND REFERENCES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-1
9.4
9.5
9.3.1
Forms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-1
9.3.2
References. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-1
IMPORT REQUIREMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-2
9.4.1
Exemptions.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-2
9.4.2
Import Declaration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3
IMPORT PROCEDURES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3
9.5.1
9.6
INSPECTION OF IMPORTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-5
9.6.1
9.7
Documentation Transfer.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-4
Inspections of Low Acid Canned Vegetables from China. . . . . . . . . . . . . . . . . . . . . . . . . . . 9-5
TOOLS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-6
9.7.1
Automated Import Reference System (AIRS). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-6
9.7.2
Import Retrieval System (IRS). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-6
9.7.3
Targeting of Imported Processed Products (TIPP). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-6
9.7.4
Border Lookout (also known as Import Alert).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-7
9.8
IMPORT SERVICE CENTRE (ISC). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-8
9.9
COST RECOVERY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-8
APPENDIX 9A: Example of a Targeted Import Processed Product (TIPP). . . . . . . . . . . . . . . . . . . . . . . 9-9
APPENDIX 9B: Example of Border Lookout Instructions for CFIA Inspectors. . . . . . . . . . . . . . . . . . . . 9-10
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9.1
IMPORTS
OBJECTIVE
Return to Index
To provide information and references as to how Processed Products are imported into Canada
and inspected.
9.2
SCOPE
Return to Index
Food products subject to the Processed Products Regulations (PPR) which are imported into
Canada.
9.3
REQUIRED FORMS AND REFERENCES
Return to Index
9.3.1
•
Forms
Import Declaration (CFIA / ACIA 4560)
Note:
9.3.2
Other forms may be necessary depending on the activities conducted on the
imported products. Refer to the applicable chapter(s) of this manual.
References
Return to Index
C
C
C
C
C
Canada Agricultural Products Act (CAPA)
Processed Products Regulations (PPR)
Food and Drugs Act (FDA)
Food and Drug Regulations (FDR)
Consumer Packaging and Labelling Act (CPLA)
C
C
Consumer Packaging and Labelling Regulations (CPLR)
Canadian Import, Export and Interprovincial Requirements for Processed Products
C
Guide to Importing Food Products Commercially
C
C
C
Automated Import Reference System (AIRS)
Import Retrieval System (IRS)
CBSA tariff codes (HS Codes)
C Memorandum Respecting the Inspection of Chinese Low Acid Canned Vegetables Exported
into Canada
C Low-Acid and Acidified Low-Acid Foods in Hermetically Sealed Containers - Visual Inspection
Protocol (VIP)
9.4
C
Canada Border Services Agency, Importers Information
C
Memorandum D19-1-1 Food, Agricultural Inputs and Agricultural Products
IMPORT REQUIREMENTS
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It is the responsibility of the importer to ensure the products they market meet Canadian
requirements.
Sections 60 to 66 of the PPR stipulate that imported food products must meet the same
requirements as those produced domestically. Imported processed products must:
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C
meet the requirements for grade, identity, composition, packaging and labelling established in
the PPR;
C
have been prepared under conditions at least equivalent to those required by the PPR; and
C
be accompanied at point of entry by an import declaration, completed in duplicate (see 9.4.2).
Provisions apply to products subject to standard container sizes in Schedule III, PPR that are
packed in containers of a capacity larger than the largest volume or weight set out in Schedule III.
The net quantity of these containers must be expressed as a whole number, multiple of 500 g or
500 mL, not exceeding 20 kg or 20 L [Subection 25(1), PPR]. The LTL option is available to
importers and domestic manufacturers. For details on standard container sizes and LTL
containers, see section 3.4.2.2 - Net Quantity, in Chapter 3 - Label Verification.
There are additional requirements when importing low acid canned vegetables from China. See
section 9.6.1 for details.
There are no licensing or registration requirements for importers.
9.4.1
Exemptions
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A shipment that does not comply with the PPR may be imported if it fits into at least one of
the following exemptions:
1.
The shipment: [60.(3), PPR]
C
C
C
C
C
9.4.2
weighs 20 kg or less;
is part of an immigrants effects;
is consigned to a national or international exhibition if:
< it weighs 100 kg or less and
< is not intended for sale in Canada;
is imported from the USA onto the Akwesasne Reserve for use by an Akwesasne
resident; or
is being test marketed in accordance with an authorization issued pursuant to
subsection 9.1(5). For details, see Chapter 13 - Test Market Authorizations
2.
The shipment has been granted a Ministerial Exemption [63, PPR]. Ministerial
Exemptions are most commonly granted for products destined for processing or
repacking. These products are usually packed in bulk and/or do not meet container size
requirements, grade requirements, product standards, etc. For details, see Chapter 14 Ministerial Exemptions.
3.
The food product is unlabelled or not marked in accordance with Part IV, PPR, but the
importer provides evidence the product will be properly labelled at its destination [64,
PPR]. For details, see section 3.4.3 in Chapter 3 - Label Verification.
Import Declaration
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The Import Declaration (CFIA / ACIA 4560) is an interactive form available on the CFIA
website which includes detailed instructions. Although the Import Declaration form can be
filled out electronically, it must still be printed, signed and presented to the Canada Border
Services Agency (CBSA) in duplicate. By signing this form, the importer testifies that the
product meets the requirements of the PPR. If the importer has a broker or another legal
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IMPORTS
agent sign on his behalf, the importer is still responsible for ensuring the product meets the
Canadian requirements. Paragraph 65(1)(d) of the PPR prescribes which information is
required on the Import Declaration.
The Import Declaration provides CFIA inspectors with information regarding the type of
product, the location or destination of the product, the quantity of the shipment, etc. This
information can be useful when seeking imported products to sample for inspection or lab
analysis.
9.5
IMPORT PROCEDURES
Return to Index
Canada Border Services Agency (CBSA) clears shipments of processed products for entry into
Canada on behalf of CFIA. Memorandum D19-1-1 describes this agreement and identifies the role
CBSA plays with respect to the importation of all food, agricultural inputs and agricultural products.
When processed products arrive at the border, CBSA reviews the Import Declaration for
completeness. The instructions on the second page of the Import Declaration indicates that all
boxes except #18 should be completed for processed fruits and vegetables. If everything is in
good order, the shipment “Clears Customs” and is allowed entry into Canada for distribution and
sale. If the Import Declaration is missing or incomplete, CBSA will refuse entry until the paperwork
is in good order. There is an agreement to have CBSA forward the Import Declaration to the CFIA
office near the point of entry.
CBSA does not inspect shipments for compliance with the PPR. By performing the activities
described in this manual, CFIA inspectors are monitoring imported products to verify they meet
Canadian requirements.
CBSA requires all imported products be identified using the Harmonized Commodity Description
and Coding System (HS).
The HS was developed and is maintained by the World Customs Organization. The HS is a sixdigit nomenclature that categorizes products using a defined criteria. Almost 200 countries,
representing about 98% of world trade, use the HS for trade negotiations, collecting international
trade statistics, quota controls, rules of origin, and statistical and economic research and analysis.
More information on HS codes and CBSA import requirements can be found on the CBSA tariff
code website.
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9.5.1
IMPORTS
Documentation Transfer
Return to Index
The legal agent (importer or broker) fills out the Import Declaration and presents it to CBSA
for clearance at the border. CBSA reviews the documentation and when cleared, forwards the
Import Declaration to a designated CFIA office.
Import Shipments
Importer or Broker prepares documents
and submits to CBSA
BORDER CROSSING
CBSA
CBSA
BORDER CROSSING
Documents
not in good order
Documents
in good order
Refuse Entry until proper
documents provided
Load Released
CBSA sends Import
Declaration to CFIA
CFIA Product
Inspection Program
Importer Warehouse*
* could be any level of trade (e.g. retail, manufacturer, restaurant, consignee)
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9.6
IMPORTS
INSPECTION OF IMPORTS
Return to Index
The “Processed Products Inspection Program - Product Inspection Frequencies” document
identifies the products and countries of origin to target for inspection. The inspection type and
frequency is based on the potential hazard and the historical compliance for that product. The
Inspection Frequency document is issued yearly and available through your Supervisor or
Program Officer.
All inspection activities described in this manual apply to imported products.
Do not inspect shipments in bond or in transit. These types of shipments have not been released
by CBSA and are not permitted to enter the Canadian marketplace (e.g., a shipment from China
stored in a warehouse in Vancouver until it is placed on another vessel and shipped to USA). The
Canada Agricultural Products Act, the Food and Drugs Act and the Consumer Packaging and
Labelling Act do not apply since these shipments are not considered to have entered Canada until
released by CBSA.
9.6.1
Inspections of Low Acid Canned Vegetables from China
Return to Index
As a result of container integrity issues with products from some Chinese suppliers, CFIA and
the Chinese Authorities have signed a Memorandum Respecting the Inspection of Chinese
Low Acid Canned Vegetables Exported into Canada.
To import low acid canned vegetables from China, the manufacturer and the product must be
pre-approved. Products from establishments not listed in the Memorandum cannot be
exported to Canada.
The Memorandum:
C
C
C
identifies the establishments and their Sanitation Registration (SR) code;
lists, for each establishment, the low acid canned vegetables that are approved for export
to Canada; and
identifies the Category of each establishment.
The Category reflects the risk associated with an establishment, which in turn dictates
whether or not the establishment is approved to export low acid canned vegetables to
Canada and establishes a mandatory inspection frequency:
C
Category A:
Products from establishments in this category are considered high risk and therefore are
not permitted in Canada.
C
Category B:
Products from establishments in this category are considered medium risk. All
shipments/lots/products from this category are subject to inspection as per the “Low-Acid
and Acidified Low-Acid Foods in Hermetically Sealed Containers - Visual Inspection
Protocol” (VIP). These inspection are to be performed by CFIA or conducted by the
importer. However importer inspections of Category B establishments should be audited
by CFIA inspectors to ensure confidence in the importer’s inspection ability.
C
Category C:
Products from establishments in this category are considered low risk. These
shipments/lots/products are subject to regular monitoring container integrity inspections
as per the Processed Products Program - Product Inspection Frequencies. Importers
may also conduct container integrity inspections and submit the results to CFIA.
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C
IMPORTS
Other Chinese Establishments Approved for Export to Canada by Chinese Authorities
(i.e., non-categorized):
Products from these establishments will be assigned a category once the results of
Container Integrity Inspection for the first 10 shipments are received by CFIA.
CFIA can accept private consultant or importer inspection results if the CFIA has confidence
the inspections are performed according to the VIP. CFIA can audit the inspection results of
any non-CFIA inspections (see Chapter 7 - Container Integrity).
Copies of all container integrity inspection results conducted by importers or CFIA are to be
sent to the Chief of Imports.
Chinese canned vegetables are included in regular product inspection frequencies (e.g.,
label, net quantity, product standards) and sampling plans for imports. In general, Chinese
canned vegetables should be treated like any other import when selecting a product for
inspection or sampling. However, you must first look up the category of the facility in the
Memorandum Respecting the Inspection of Chinese Low Acid Canned Vegetables Exported
into Canada (CCV MOU) in order to determine if the product is allowed in Canada. If you
encounter any products which are not permitted in Canada, take enforcement action (see
Chapter 11 - Enforcement and Compliance) and notify your Processed Products Program
Specialist and the Chief of Imports.
9.7
TOOLS
Return to Index
9.7.1
Automated Import Reference System (AIRS)
This system outlines CFIA’s requirements for all agricultural products and provides direction
to CBSA for releasing shipments at the border. AIRS can be used by industry, brokers, CBSA
and anyone else with access to the internet. The product description or the Harmonized
Commodity Description and Coding System (HS) can be used to search for the requirements
related to a specific product.
9.7.2
Import Retrieval System (IRS)
Return to Index
CBSA collects data from each shipment entering Canada and sends it weekly to a CFIA
database. The information in this database is confidential and for CFIA use only .
The Import Retrieval System (IRS) can be used to search this database using a number of
variables, such as type of product (HS code), importer, exporter, exporting country, and entry
dates. This information can be useful when seeking imported products to sample for
inspection or lab analysis.
Inspectors dealing with imports should have access to the information provided by IRS.
9.7.3
Targeting of Imported Processed Products (TIPP)
Return to Index
The intent of a TIPP is to focus resources toward specific problem areas. TIPP provides a
snapshot of the compliance rate for the targeted product over a given time period. The
inspection activities associated with a TIPP are included within the workplan established in
the Processed Products Program - Product Inspection Frequencies document.
When regular inspections or other information indicates a reoccurring issue with a specific
imported product, notify your Processed Products Program Specialist. If necessary, the
Specialist will submit a TIPP request to the Processed Products Program Specialists across
the country and at Headquarters. If the request is approved, a TIPP will be generated and
instructions will be sent to inspection staff.
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The TIPP instructions provide:
C
C
C
C
C
a description of the problem;
instructions regarding which activity to perform;
a time period (usually 3 months);
the destination for inspection reports; and
the designated contact.
Using the inspection results collected, CFIA is able to gather the evidence needed to
accurately describe the extent of the problem. The evidence provided to the exporting
country’s authorities can be used to correct the problem at the source. If the TIPP inspection
results show a high level of non-compliance, a Border Lookout (Import Alert) may be
triggered. Individual inspection results associated with a TIPP may require compliance action
and/or a recall.
A few examples of previously issued TIPPs include:
C
C
C
pit fragments in canned peaches;
container integrity problems in canned asparagus; and
undeclared sulphites in jam.
See Appendix 9A for an example of TIPP documentation.
9.7.4
Border Lookout (also known as Import Alert)
Return to Index
A Border Lookout controls the entry of imported products with elevated potential health and
safety risks for humans, animals or plants. A Border Lookout can be issued nationally or
regionally for a specific product, country, importer and/or exporter, depending on the
circumstances.
When inspection activities or other information demonstrate a serious or reoccurring problem
with an imported product, the results should be relayed to your Processed Products Program
Specialist. Consultation with Processed Products Program Specialists across the country and
at Headquarters will determine if a Border Lookout is required. If one is warranted,
Headquarters will submit a Border Lookout request to CBSA. Once implemented, instructions
regarding inspection procedures and the destination of results are created by CFIA and
distributed to each group involved in an Alert.
Typically, specific instructions are identified for:
C
C
C
Canada Border Services Agency (CBSA);
CFIA Import Service Centre (ISC); and
CFIA Inspection Staff.
When a Border Lookout is in effect, CBSA holds all shipments of the identified product until a
Release Approval is obtained from an ISC. This allows the ISC to inform CFIA inspection staff
of the arrival of the shipment and its intended destination. Your role is to follow up, as per
Border Lookout instructions, and conduct the required activity.
These activities include:
C
C
C
C
C
detain product;
sample for lab analysis;
verify documentation accuracy;
perform the applicable product inspection (e.g. container integrity inspection, pit
fragments); and/or
record the results as directed in the instructions.
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See Appendix 9B for an example of Border Lookout documentation.
9.8
IMPORT SERVICE CENTRE (ISC)
Return to Index
For processed products, ISC staff:
C
reviews documents and notifies inspection staff when imported shipments, subject to a
Border Lookout, enter Canada.
C
handles inquiries from industry and consumers.
There is only one ISC in the country which operate seven days a week.
Central ISC (Ontario)
7:00 a.m. to 12:00 a.m.(Eastern standard time)
Telephone: 1-800-835-4486 (Canada or U.S.A.)
1-416-661-3039 (local calls and all other countries)
Fax: 1-416-661-5767
9.9
COST RECOVERY
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The only CFIA fee applied to imported shipments of processed products is for the review of the
Import Declaration. This fee:
C
is charged directly to the importers’ accounts by CFIA Accounts Receivable Service Centre
(no invoice is issued);
C
is generated using CBSA import data that is transferred to CFIA;
C
is applicable to the shipment, regardless of quantity of products identified on the Import
Declaration (One Import Declaration = One Fee); and
C
does not apply to exempt shipments (e.g., under 20 kg, immigrants effects).
For details on cost recovery procedures, see Chapter 12 - Cost Recovery.
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Appendix 9A
Return to Index
Example of a Targeted Import Processed Product (TIPP)
To:
Processed Products Program Specialists
and Inspection Staff
Reference Number: TIPP1-11111
From: Processed Products Program Core Team (PPPCT)
Subject:
Targeting of Imported Processed Products (TIPP)
Canned Peaches from Country XYZ
Canned Peaches from XYZ have been identified under TIPP because peach pit fragments have been
found at levels that fail for Health & Safety. This raises concerns about the safety of future shipments.
Within your product inspection activities, you are requested to target canned peaches from XYZ. When a
shipment is identified, please perform a visual product inspection for grade and for health and safety using
the procedures in the Risk Management Guidelines for Pit Fragments in Canned Peaches.
The TIPP for this product is in effect for the next three months (August 1 to October 30, 2009).
Please submit a copy of all inspection documents, passing or failing, (e.g., Peach Pit Fragment Report,
Inspection and Grading Report) to:
National Processed Products Program Specialist
Processed Products Program, Agrifood Division
4th Floor
1400 Merivale Road, Tower 1
Ottawa, ON K1A 0Y9
Fax: (613) 773-6282
Any failing inspections should also be entered in the Issues Management System (IMS). Within the
“Trigger Event” section of IMS, please enter TIPP1-11111 in the “Reference No.” box.
When the TIPP is concluded, a national summary report will outline the results, the findings and the
conformity of these products on the Canadian market. This summary report will be analyzed by the
PPPCT to identify future actions to be developed and implemented.
If you need more information, please call the Processed Products Program Specialist in your Area.
Processed Products Program Specialist
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Appendix 9B
Return to Index
Example of Border Lookout Instructions for CFIA Inspectors
BORDER LOOKOUT REFERENCE No.
(National Import Operations Division will provide the reference number when CBSA confirms the
implementation) XXXXX-XX
During border lookouts, the CFIA Import Service Centres will notify by fax a CFIA destination office of
every shipment of low-acid vegetables packaged in hermetically sealed flexible pouches from country
XXX.
Instructions :
1.
Detain shipments at destination under section B.27.003 of the Food and Drug Regulations.
2.
Conduct a container integrity inspection as per the Visual Inspection Protocol for Low-Acid and
Acidified Low-Acid Foods in Hermetically Sealed Containers (VIP). Use the Flexible Retort Pouch
Defects Manual for defect identification and classification. Alternatively, you may accept inspection
results from a private laboratory or consultant. In this case, you may audit private inspection results
before releasing the shipment.
3.
If satisfactory results are obtained, release the shipments. If results are unsatisfactory, follow the
instructions in the VIP for failed inspections.
4.
Forward the inspection results (i.e., the results from CFIA or from the private inspection) by fax or
email (scanned documents) to:
National Processed Products Program Specialist
Processed Products Program, Agrifood Division
Fax: (613) 773-6282
Email: [email protected]
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