Operational procedure: Processing applications for the import (return) of edible meat products that were exported from Canada

On this page

1. 1.Purpose
2. 2. Authorities
3. 3. Reference documents
4. 4. Definitions
5. 5. Acronyms
6. 6. Operational procedure
   1. 6.1 CFIA food inspectorate review of meat product return request
   2. 6.2 National Animal Health Technical Specialist Team (NAHTST) review of Animal Health (AH) import permit application
   3. 6.3 CFIA food inspectorate's next steps
   4. 6.4 CFIA point of entry inspectorate
   5. 6.5 CFIA inspection establishment inspectorate

1. Purpose

The purpose of this document is to provide guidance to Canadian Food Inspection Agency (CFIA) inspection staff on the procedure for processing requests for the import (return) of Canadian edible meat products (hereafter referred to as meat products) that were exported from Canada.

This document applies to meat products that have remained under official government control and that have not been processed and/or repackaged while outside Canada. Meat products must be in their original state and original container as exported from Canada.

This document is intended to be used in conjunction with other guidance documents as referenced in section 3.

Note: If the shipment was refused entry by a Foreign Competent Authority (FCA) or is returning because of a foreign animal disease outbreak, then other requirements, permissions, and/or procedures may apply in addition to the general requirements outlined in this document.

2. Authorities

• Safe Food for Canadians Act (SFCA)
• Safe Food for Canadians Regulations (SFCR)
• Food and Drugs Act (FDA)
• Food and Drug Regulations (FDR)
• Health of Animals Act (HAA)
• Health of Animals Regulations (HAR)

The inspection powers, control actions and enforcement actions authorized by the above legislation are identified and explained in the Operational guideline – Food regulatory response guidelines.

3. Reference documents

• Operational guideline: Food regulatory response guidelines
• Operational procedure: Port of entry violation of meat products reported by foreign competent authorities
• Operational Procedure: Return (import) of exported meat products from the United States, pending the results of US laboratory analysis
• Operational procedure: Verification of seal number when foreign seal on shipment broken while in transit
• Industry guideline: Policy on import (return) to Canada of meat products that were exported from Canada
• Application / authorization form for returning legally exported edible Canadian meat products to Canada from countries other than United States
• Annex J: Application to return Canadian products exported to the United States

4. Definitions

Unless specified below, definitions are located in either the:

• Safe Food for Canadians Regulations: Glossary of Key Terms
• My CFIA Glossary of Terms

5. Acronyms

Acronyms are spelled out the first time they are used in this document and are consolidated in the Food business line acronyms list.

6. Operational procedure

The reasons for the meat product return may include, but are not limited to: customer refusal, market changes, voluntary return, animal disease outbreaks, or refusal by the FCA.

SFCR 22(1)(b) requires meat products returning to Canada to be authorized by an inspector before import.

The meat product return request is to be submitted to the CFIA Area inspectorate responsible for issuing the Official Meat Inspection Certificate (OMIC) at the time of export. A food operational specialist will review the request to meet the requirement of SFCR 22(1)(b).

Meat products returning from countries other than the USA also require an animal health import permit issued by the National Centre for Permissions (NCP) (formerly known as the Centre of Administration (CoA)) before the shipment returns to Canada. Shipments returning to Canada without a valid animal health import permit will be refused entry at the first point of entry in Canada.

6.1 CFIA food inspectorate review of meat product return request

A CFIA operational specialist in the area office of the inspectorate responsible for issuing the OMIC at the time of export will:

• Review the importer/applicant's meat product return request documents to determine if the application is complete and the meat product is eligible to return to Canada
  • Required documents and the requirements for a shipment to be eligible for return to Canada are listed in the Policy on import (return) to Canada of meat products that were exported from Canada
  • Unlawfully exported shipments, those shipped prior to an OMIC being issued, will be reviewed on a case-by-case basis
    • The Area Operational Specialist will want to consider relevant factors such as:
      • the circumstances leading to the unlawful export and whether CFIA inspected the shipment
      • was the Annex H completed
      • is the product sealed
      • the controls/inspections by the importing country, etc.
• Confirm that the operator of the Canadian establishment selected for inspection upon return to Canada has an SFC licence, is licensed for the activity of storing and handling meat products in their imported condition, has the facilities, space and equipment for the CFIA inspector to perform an inspection and is capable of dealing with the identified defects (if applicable)
• For meat products returning from countries other than the US, the operational specialist will:
  • verify that the importer/applicant has selected the appropriate scenarios for the return on the Application / authorization form for returning legally exported edible Canadian meat products to Canada from countries other than United States – Canadian Food Inspection Agency and has provided all the supporting documents
• For meat products returning from the US, the operational specialist will:
  • Verify that the importer/applicant has provided a completed Annex J: Application to return Canadian products exported to the United States, an FSIS Export certificate of wholesomeness for meat and poultry (FSIS Form 9060-5, 5A, 5B and has provided all required supporting documents:
  • For meat products refused entry by USDA-FSIS, the application must include the following:
    • the Food Safety Inspection Services (FSIS) form 9840-3 "Refused Entry Notification"; and
    • the reason for the return listed on the Annex J, which must match the reason for the refusal on the FSIS 9840-3
  • For meat products returned pending the results of FSIS laboratory analysis
    • the product must be refrigerated, not frozen and packaged in a manner that would compromise the quality of the product if held in the USA pending reporting the result of the laboratory analyses (e.g. open combos, not vacuum packed)
    • the reason for the return is indicated on the Annex J: Application to return Canadian products exported to the United States as laboratory sampling test and hold.
    • FSIS Form 9770-1, Official receipt for samples of foreign products collected for laboratory analysis or equivalent, identifying the sampling date and USA import establishment where the sampling occurred.
  • For meat products returned for other reasons, the application must include one of these documents:
    • a statement on official letterhead issued by a USDA veterinarian that certifies that: "The product originated in Canada and has been under USDA control for the duration of its stay in the United States" or
    • a written guarantee from the importer/applicant that states:
      • the product is not condemned in the United States;
      • the product is in its original, fully marked containers; and
      • the immediate product containers do not show any evidence of deterioration or temperature abuse

Table 1 – Disposition of application

Notes

• Use this standardized email subject line when communicating with the applicant: "URGENT – Return of Canadian meat product exported under OMIC (<insert number>) from establishment (number) to (country), presently located in (city), (country)""
• Official documentation from the FCA should be in English or French and in the official language(s) of the country where the product was refused or, if en route, where the shipment has landed. If documentation is issued in another language, the applicant is responsible for obtaining an official government translation in French or English and providing the documents in the foreign country's language along with the official government translation.

An animal health import permit is not required for meat products returning from the USA. When reviewing applications for these returns, go directly to section 6.5 CFIA inspection establishment inspectorate.

6.2 National Animal Health Technical Specialist Team (NAHTST) review of Animal Health (AH) import permit application

Meat products returning from countries other than the USA require an animal health import permit issued by the NCP. Working with the NCP, the NAHTST and/or Animal Health Import Export Division (AIED) will review the application for the animal health import permit to set import conditions.

When additional information is required to make a decision regarding a shipment of meat product returning, AIED may refer the file to the Food Import Export Division (FIED), who will contact the Foreign Central Competent Authority on CFIA's behalf, if required.

If the application for the animal health import permit is refused:

• the NCP notifies the applicant AND the CFIA operational specialist responsible for authorizing the return
• the NCP closes the file

If the application for the animal health import permit is approved:

• the NCP issues the permit to the applicant AND notifies the CFIA operational specialist responsible for authorizing the return

6.3 CFIA food inspectorate's next steps

Upon receiving confirmation from the NCP that the AH import permit has been issued to the applicant, the CFIA operational specialist responsible for authorizing the return informs the following of the shipment's return:

• CFIA operations staff at the designated inspection establishment;
• CFIA Area Import Coordinator (AIC), who will be responsible for informing the Canada Border Services Agency (CBSA) of the return for a seal examination at the first port of entry; and
• the CFIA area office where the product was originally prepared

6.4 CFIA point of entry inspectorate

Once an animal health permit has been issued, the meat product shipment can return to Canada.

The AIC will provide CBSA with information related to the authorized meat product return, such as the name of the vessel, the container number, the seal number and the estimated date of arrival to help them verify the seal on the conveyance. CBSA will verify that the conveyance seal is not broken and that the seal number matches the number provided on the OMIC or the one provided in the application package (if a competent authority changed the seal).

If the seal is intact and corresponds to the documentation, the shipment can proceed for CFIA inspection at the designated inspection establishment.

If the seal is broken, then the inspector will follow the procedures in the Verification of seal numbers when foreign seal on shipment is broken while in transit.

6.5 CFIA inspection establishment inspectorate

For meat products refused by the USDA, the inspector at the establishment where the product is to be inspected will verify the following:

• FSIS Form 9135-1 (Notice of shipment of refuse entry product), and a copy of the original (OMIC) are presented
• the USDA/FSIS seal number on the conveyance is the same as the one on form 9135-1 (Notice of shipment of refused entry product) entered by USDA inspector
  • if the seal is broken, then the inspector will follow the procedures in the Verification of seal numbers when foreign seal on shipment is broken while in transit

The inspector will inform the Area Operational Specialist (AOS) that the shipment has returned to Canada and proceed with the product inspection. The AOS will advise FSIS of the return according to the established communication protocol.

When meat products exported to the USA are returned pending laboratory results, refer to the Operational Procedure: Return (import) of exported meat products from the United States, pending the results of US laboratory analysis.

For the inspection of meat products returned from the USA or countries other than the USA for any reason, refer to Operational guidance – Organoleptic inspection of meat products. Once the inspection is completed, record the inspection results on the form CFIA/ACIA 2367 – Exported Shipments of Canadian Meat Products Returned to Canada. Provide a copy to the operator and the AOS.

For meat returns linked to Port of Entry Violations (POE), refer to Operational procedure: Port of entry violation of meat products reported by foreign competent authorities, as additional guidance may apply. If the inspection is taking place at an establishment other than the originating establishment, the inspector will:

• perform the inspection and complete the CFIA/ACIA 2367
• inform the inspector or veterinarian at the originating establishment where the shipment is located and that the inspection is complete

For general inquiries related to this Operational Guidance Document, please follow established communication channels, including submitting an electronic Request for Action Form (e-RAF) (accessible only on the Government of Canada network).