United States of America - Export requirements for milk and dairy products

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1. Eligible/ineligible products

Eligible

  • All dairy products (Grade A and Grade B)
    • Grade A milk products such as fluid milk, cream products, yogurt, cottage cheese, eggnog, buttermilk, dried dairy products and some whey products. These products are subject to the provisions of the "Grade A Pasteurized Milk Ordinance" (PMO) - PDF. See section 2 below
    • Grade B or non-classified A products such as milk, industrial quality cream, cheeses, frozen dairy desserts, butter

Ineligible

  • Information not available

2. Pre-export approvals by the competent authority of the importing country

Country

Canada is authorized to export dairy products to the United States of America (USA).

Establishments

No information known regarding an approved list of eligibility for establishments.

The manufacturing of dairy products must be under the official oversight of the Canadian Food Inspection Agency (CFIA) and be licensed under the Safe Food for Canadian Regulations (SFCR).

Please note that to carry out certain provisions of the Bioterrorism Act, the Food and Drug Administration (FDA) established regulations requiring that food facilities register with the FDA and provide advance notice regarding shipments of imported food products. For more information please refer to the following website Online Registration of Food Facilities.

Furthermore, the US FDA can evaluate the system of the importing country to guarantee the safety of dairy products and compare the effect of this system with that of the American system on the safety of locally produced dairy products.

Regarding, Grade A" milk and milk products, the system of controls used to provide the U.S.'s appropriate level of protection for "Grade A" dairy products is described in the current edition of the "Grade A Pasteurized Milk Ordinance" (PMO) - PDF and related documents.

The PMO prohibits the importation of "Grade A" milk and milk products from establishment are not certified as "substantially equivalent" to the PMO.

The National Conference on Interstate Milk Shipments (NCIMS) Memoranda of Information M-I-00-4 - PDF identifies the options available which are consistent with NCIMS procedures and allow States to receive "Grade A" milk and milk products produced outside of the USA. A dairy firm outside of the United States could contract with any current NCIMS member's regulatory/rating agency to provide the "Grade A" milk safety program in total. Additional information can be found on the US FDA website Milk Guidance Documents & Regulatory Information.

Regarding Infant formulas that are sold in the U.S., whether manufactured in the U.S. or imported, must meet the requirements of the Infant Formula Act (section 412 of the Food, Drug, and Cosmetic Act) and associated regulations in 21 CFR 106 and 21 CFR 107, including the requirement for premarket registration and notification to FDA (see 21 CFR 106.110 and 21 CFR 106.120). The failure to provide the premarket notice required by the Infant Formula Act is a prohibited act per the Food, Drug, and Cosmetic Act (21 U.S.C. 331(s)), (Infant Formula Registration & Submissions | FDA).

Products

No available information

3. Product specifications

No available information

4. Production controls and inspection requirements

The manufacturer must be aware of the standards and requirements of the importing country. A specific export procedure must be in place.

Manufacturer's declaration

Note: Inspectors will verify that the manufacturer's declaration is completed appropriately and reserve the right to request any other information that they think is necessary for the final certification of the product.

Certification requirements

Animal health attestations

  • The animal health requirements on the health certificate CFIA/ACIA 5813 are met based on Canadian regulations

Public health attestations

  • The public health requirements on the health certificate CFIA/ACIA 5813 are met based on Canadian regulations

Import permit

An import permit may be required. Exporter should work with the importer to verify this condition. For certain products, an import permit (VS Form 16-6A) is required by the Animal and Plant Health Inspection Services (APHIS) of the United States Department of Agriculture (USDA).

More information can be found here Animal Product Imports | Animal and Plant Health Inspection Service (usda.gov).

5. Labelling, packaging, and marking requirements

It is the exporter's responsibility to meet all the requirements for labelling, packaging and marking requirements as required by the importing country.

6. Documentation requirements

Canada does not have a negotiated certificate with the USA. Generally, no certification is required. If requested, the dairy standard certificate (CFIA/ACIA 5813) is recommended.

Request for any additional statements must be confirmed by CFIA's Food Import Export Division (FIED).

The certificate below is accepted by the USA, however, it is highly recommended to the exporter to verify this information with its importer.

Certificate

  • Health certificate for the export of dairy products and dairy based products for human consumption (CFIA/ACIA 5813)

Notes

  • The health certificate is signed by the CFIA official veterinarian and official inspector
  • Export certificates cannot be issued for products that have left Canada

7. Other information

Exported products transiting through a country may require transit documentation. It is the responsibility of the exporter to ensure that the shipment will be accompanied by all necessary certificates.

Samples (personal or commercial) may be subject to the same requirements as a regular shipment. It is strongly recommended that the exporter verify these requirements with their importer.

Relevant links

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