Terrestrial animal products and by-products: Returning shipments policy

This policy doesn't apply to the return of meat products for human consumption, which is covered under the Policy on import (return) to Canada of meat products that were exported from Canada.

You must get an import permit before the returning shipment arrives in Canada, including Canadian waters.

Acronyms

HAA:: Health of Animals Act
HAR:: Health of Animals Regulations
IAB (APBP):: International Affairs Branch (Animal Products and By-products)
NCP:: National Centre for Permissions, previously named the Centre of Administration for Permissions (CoA)NISC: National Import Service Centre

Definitions

For a list of animal products and by-products covered, please see "Scope of situations covered by this policy".

Canada (Interpretation Act)

"Canada", for greater certainty, includes the internal waters of Canada and the territorial sea of Canada.

A shipment is considered to be in Canada if it is:

onboard a vessel travelling within Canadian waters
onboard a vessel that is docked at a Canadian port
on a plane which has landed on Canadian soil
on a land vehicle which has crossed the Canada-United States border
being held in bond by the Canada Border Services Agency (CBSA) on a transportation conveyance or in a bonded warehouse within Canada, or
within Canadian territory through other means

Canadian waters (Interpretation Act)

"Canadian waters" includes the territorial sea of Canada and the internal waters of Canada

Competent authority (receiving competent authority, foreign competent authority, central competent authority, competent veterinary authority)

a government agency or department that has been delegated the authority to carry out regulated functions. This includes any person or organization that has the authority to oversee and enforce the movement between countries of products or other things regulated under their authority.

Exported

a shipment of animal products or by-products that has physically left Canada, even if it did not reach the destination.

Exporter

the person or entity who is sending animal products or animal by-products outside of Canada. For a returning shipment, the exporter is responsible for completing the import permit application to have the shipment returned to Canada. For clarity in this document, the person or business exporting the product and applying to return it will be referred to as the "exporter".

Import permit

an import permit is a document authorized under section 160 of the HAR, which allows the import of an animal product or by-product into Canada. The permit has conditions that are necessary to prevent animal diseases from getting into Canada.

Import permit application

a form that must be given to the Canadian Food Inspection Agency (CFIA) to get an import permit for animal products and by-products. CFIA/ACIA 5859 - Application for Permit to Import Animal Products and By-Products

Return application form

a form that must be given to the CFIA along with the import permit application for a returning shipment. It is also known as form CFIA/ACIA 5609 - Canadian Animal, Semen, Embryos or Products/By-Products Returning-Return Application Form Terrestrial Animal Health Division (TAHD).

Returning shipment

a shipment of animal products or by-products that was exported from Canada, but after leaving Canada is redirected back to the original Canadian exporter.

Legislation

Health of Animals Act

Importation – 14, 15(1)(2), 16(1)(2), 17, 18(1)(2)(3)(4)(5)(6)(7)
Inspection – 38(1)
Disposal and Treatment – 48(1)(2)(3)
Limitation on Liability – 50, 50.1
Fees, Charges and Costs – 60(1)(2), 61(1)(2), 62, 63

Health of Animals Regulations

Exportation of Animals, Animal Products and Products of Rendering Plants – 70 (1)(2)(3)
Permits and Licences – 160(1)(2)(3), 160.1
Importation of Animal By-products, Animal Pathogens and other Things - 41, 41.1
Importation Permitted – 52(2)

Policy statement

Animal products or by-products may be exported from Canada, but after they have left the country the exporter may need to have the shipment returned to them unchanged. Reasons may include:

challenges faced by the exporter and shipping company
not having a needed export certificate to accompany the shipment
errors in the export certificate
rejection by the foreign competent authority of the importing country
manufacturing, packaging or labelling defects (commercial reasons)
a change in needs of the foreign buyer (commercial reasons)
a change in Canada's animal health situation
email, internet and technology problems
other

The CFIA examines the animal disease risk and creates the conditions for exported shipments of animal products and by-products being returned. If these shipments become contaminated with animal diseases while outside of Canada, they could potentially infect Canadian animals when they are returned to Canada. Therefore, a thorough review of the disease risk occurs, and if it is decided that the shipment can return to Canada, appropriate import controls to prevent animal disease must be in place.

Each return situation is unique, but all start with the exporter providing a returns application package to the NCP using the My CFIA program. The following must be provided:

an import permit application (CFIA/ACIA 5859)
a return application form (CFIA/ACIA 5609)
any other available information to clarify the details of the situation

Scope of situations covered by this policy

This policy applies to shipments of animal products and by-products (other than edible meat) exported from Canada, and after leaving Canada are returned by the same Canadian exporter unchanged (in original, unbroken, unopened, clean, undamaged containers and packaging). The categories of animal products and by-products include:

manure and fertilizer containing manure
hides, skins, furs, horns, antlers etc., and animal-origin display items
milk products
rendered products
raw inedible products
livestock feeds containing animal-origin materials
pet food and treats
pet chews
laboratory and research samples
bee products
egg products
highly processed products
medicinal and natural health products
mixtures containing animal-origin ingredients
recycled food products containing animal-origin ingredients (for example, used in livestock feeds)

This policy also applies to foods with meat ingredients that aren't covered under the Policy on import (return) to Canada of meat products that were exported from Canada.

Not within scope

Canadian-origin animal products or by-products that are exported to another country, and then re-imported by a Canadian person or business other than the original Canadian exporter
where an agreement exists between the CFIA and another country to allow a product made in either country to move in either direction (into or out of Canada)
Canadian-origin animal products or by-products that are exported to another country, and then re-imported to Canada in a modified or processed form that is different from the original exported form
meat products for human consumption covered under the Policy on import (return) to Canada of meat products that were exported from Canada
live animals, hatching eggs, animal semen, embryos and oocytes
live and dead aquatic animals, their carcasses and parts of carcasses and offal, as defined in section 190 of the Health of Animals Regulations
Veterinary Biologics (vaccines, test kits, etc.)
pathogens (diseases) or products believed to contain them, and samples from non-human primates (contact the Office of Biohazard Containment and Safety (OBCS))

Roles and responsibilities

Exporter:

submit an import permit application CFIA/ACIA 5859, return application CFIA/ACIA 5609, supporting information from the foreign competent authority, and other supporting information (such as a copy of the export certificate, information from the transporter, broker or other parties involved etc.) through the My CFIA program to the NCP
it is strongly recommended to wait until an import permit has been provided before shipping the product back to Canada since import permits can't be provided after the product has arrived in Canada, including Canadian waters
contact the CFIA district office for an inspection (if required by the import permit)

Foreign competent authority:

provide information explaining reason for rejecting the shipment
provide information explaining whether any seals have been removed or changed, whether the shipment remains in its original container, and whether the shipment has remained under their control
the information above may be provided on the return application form, or on other official documents from the competent authority (if this information can't be gathered, this must be communicated to the CFIA)

If the document is provided in a foreign language, a translation in either French or English which has been reviewed by a qualified government official or professional translator for accuracy and grammar must be provided with the original document.

NCP:

receive and process the import permit application CFIA/ACIA 5859, return application form CFIA/ACIA 5609, and any other supporting documents
provide an import permit (if appropriate for the situation)

IAB (APBP) – Import Team:

determine the animal health risk for the return
prepare import conditions if shipment is qualified for an import permit to return to Canada

IAB (APBP) – Export Team:

provide advice to Operations about correct export certification or other requirements, if this was a factor resulting in the return
inform IAB (APABP) – Import about whether the shipment was exported following CFIA requirements

Animal health inspection staff at CFIA district offices:

provide background about the exported shipment and compliance of the exporter
do an inspection of the returning shipment if required
make a compliance decision for the returning shipment based on the inspection

Considerations when determining if a shipment will be allowed to return

What is the reason for the exporter wanting to return the shipment
What countries has the shipment been in while outside of Canada
What animal diseases occur in the countries that the shipment has been in
Was the shipment released into the importing country, or was it kept under official control
Was the shipment possibly exposed to animals or animal-origin materials
Did the containers or packages stay intact
Did the shipment stay in its original container or has it been moved to a new one
Were any seals that were on the shipping container at the time of export removed, replaced, or left intact
Were documents provided by the competent authority of the importing country to confirm the details of the situation (reason for rejection, control over shipment, seal removal/replacement, changed containers, etc.)
Is there evidence of tampering, deceit or neglect of export requirements or procedures
Did a mistake or communication error occur
Are there documents or emails to support the exporter's explanation
Have the export sections of the HAA and HAR been followed
Has a unique situation caused unexpected challenges (for example, global pandemic, shipping delays, container shortages etc.)
What does the exporter plan to do with the returned shipment
Are any other CFIA programs involved
If the shipment left without an export certificate, was any compliance action carried out by the district office, and is there any relevant compliance background information about the exporter
There may be other additional considerations

Possible outcomes (more than 1 may apply)

Import permit provided to exporter: an import permit must be received by the Canadian exporter before the shipment will be allowed to return. All conditions listed in the import permit must be followed.

Declining the application: based on the case-by-case review, it may be decided that the shipment can't return to Canada.

Inspection by district office: it might be necessary for the CFIA district office responsible for the port of entry or the destination site to inspect the product, packaging, seals, documents etc. before releasing it into Canada.

Other: since each returning shipment is unique, there might be other available tools that are appropriate.

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