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Background and summary of orders made in relation to secondary control zones in respect of African swine fever

Disclaimer

This background and summary document has no legal force and effect. For accurate and up-to-date information and requirements, persons are advised to refer to the relevant orders (original and associated amendments) found at: Importers: Understanding feed controls to prevent African swine fever.

On March 19, 2019, secondary control zones were declared by the Minister of Agriculture and Agri-Food under subsection 27.1(2) of the Health of Animals Act in respect of African swine fever (ASF).

On March 29, 2019, an order was made under subsection 27.1(3) of that act designating things as being capable of being affected or contaminated by African swine fever.

The Minister has the power under subsection 27.1(4) of that act to, by order, prohibit or impose conditions on – including requiring a permit for – removing from, moving within or taking into a secondary control zone a designated thing.

As an inspector, Dr. Debbie Barr has the authority under section 33 of that act to exercise the authority of the Minister under subsection 27.1(4) of that act.

Exercising this authority, Dr. Barr issued an order on March 29, 2019 in which she imposed the following conditions on removing from, moving within or taking into any of those secondary control zones a thing designated under the order under subsection 27.1(3) referred to above that originates from a state listed in the attached Schedules 1 and 2:

  1. a designated thing must not be taken into a secondary control zone except in accordance with a permit issued by the Minister
  2. the application for the permit must be accompanied by information that is adequate to allow the Minister to determine that taking the designated thing into the secondary control zone would not, or would not be likely to, result in the introduction into or spread within Canada of African swine fever
  3. the permit holder must keep records that accurately identify the designated thing and that clearly indicate

    1. the state and facility from which the designated thing was exported to Canada,
    2. the date on which the designated thing is taken into the secondary control zone,
    3. the details of any treatments applied to the designated thing after the designated thing enters Canada, and
    4. the details of the location to which the designated thing was sent on being removed from the secondary control zone
  4. those records must be held for at least 2 years at a location in Canada where they may be reviewed by an inspector designated for the enforcement of the Health of Animals Act
  5. the designated thing must not be removed from the secondary control zone unless it is transported by the most direct route of transportation from the secondary control zone to the destination of the designated thing in Canada
  6. subject to section 11, if the designated thing is taken into the secondary control zone as part of a bulk shipment, the bulk shipment must have been transported in either single use bulk containers or containers lined with a single use plastic liner, and the bulk shipment must have been handled in such a way as to prevent cross contamination
  7. subject to section 11, if the designated thing has been transported as part of a bulk shipment, the bulk shipment must have been handled in such a way to prevent cross contamination between other shipments and that shipment
  8. subject to section 11, in the case of a designated thing that is a raw or unprocessed grain or oilseed, the designated thing must not be removed from the secondary control zone unless either

    1. the designated thing will be subject to a heat treatment at the importing facility in a manner such that the temperature and the duration of the heat treatment is adequate to ensure that the risk of transmission has been substantially mitigated on the basis of scientific standards approved by the Canadian Food Inspection Agency (CFIA)Footnote 1 or
    2. the designated thing will be held at the importing facility for a period of time and at a temperature that is adequate to ensure that the risk of transmission has been substantially mitigated on the basis of scientific standards approved by the CFIAFootnote 1
  9. in the case of a designated thing that is a raw or unprocessed grain or oilseed, the designated thing must not be removed from the secondary control zone unless

    1. it will be handled in the importing facility in a manner that prevents the direct or indirect contact of untreated products with treated products, and
    2. if there is any direct or indirect contact of the designated thing with untreated materials from any source in the importing facility, the designated thing will then be considered untreated and subject to the requirements of section 8 and those untreated materials will be lawfully disposed of in a manner that will not result in the materials entering the animal feed chain or being accessible to wild pigs or other animals
  10. subject to section 11, in the case of a designated thing that is a meal, the designated thing must not be taken into the secondary control zone unless the designated thing has undergone processing in the state of origin. That processing must have included a heat treatment in a manner such that the temperature and the duration of the heat treatment is adequate to ensure that the risk of transmission has been substantially mitigated on the basis of scientific standards approved by the CFIAFootnote 1 and untreated materials must not have been added to the processed product following the heat treatment
  11. sections 6 to 8 and 10 do not apply in respect of a designated thing that leaves the port of export before or on April 30, 2019 if the Minister is able to make the determination referred to in section (2) without the application of those sections, with the determination being based on all relevant factors, including the following factors:

    1. the zoosanitary status of the country of origin
    2. prior assessment of the veterinary infrastructure of the state of origin by the World Organisation for Animal Health or the Canadian Food Inspection Agency
    3. the nature of the product
    4. the process and treatment applied to the product or other risk mitigation measures
    5. the end use, and
    6. the potential for cross-contamination
  12. provisions 5 through 10 do not apply to commodities originating from recognized free areas of the countries listed in Schedule 1. For these commodities, an import permit is required, accompanied by a zoosanitary export certificate endorsed by an official veterinarianFootnote 2 of the competent authority of the country of origin or the country of exportFootnote 2 attesting that the product of concern originated in a countryFootnote 2 region, or zoneFootnote 2 recognized by CanadaFootnote 2 as free of ASF and was not commingled with product from a country, region, or zone not recognized by Canada as free of ASFFootnote 2

Schedule

States of origin

Schedule 1: Countries of concern where the CFIA recognizes regionalization for animal diseases and some regions of the country may be recognized as free of ASF

Schedule 2: Countries of concern where the CFIA does not recognize regionalization for animal diseases and the entire country is considered affected by ASF

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