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Food business activities that require a licence under the Safe Food for Canadians Regulations

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1. Introduction

Under the Safe Food for Canadians Act (SFCA) and Safe Food for Canadians Regulations (SFCR), many food businesses require a licence to carry out activities with respect to food.

The SFCR specify whether you need a licence based on the activities you conduct, and not based on the type of business.

To find out whether you need a licence, the best place to start is the Licensing interactive tool.

This document provides you with additional detail on whether the activities you perform trigger the licensing requirement.

While it is not possible to cover all the activities that food businesses conduct, some common and sector-specific examples are provided to clarify the intent of the licensing requirements in the SFCR.

Keep in mind

If you determine that you do not need a licence under the SFCR, it is important to note that there may be other requirements within the SFCR that apply to you. Examples of SFCR requirements that may apply to you include:

2. General exemptions

There are general exemptions from the SFCR, including the requirement for a licence. These exemptions apply to:

3. Trade of food

3.1 Interprovincial trade

No licence required

You do not need a licence if your sole activity is to interprovincially trade food. However you are responsible to make sure that the food you trade across provincial borders has been manufactured, processed, treated, preserved, graded, packaged or labelled by a licence holder.

For example, you do not need a licence if your sole activity is to distribute food from one province to another.

3.2 Intraprovincial trade

No licence required

You do not need a licence:

Keep in mind

You may obtain a licence if your provincial or territorial regulations require you to obtain one from the CFIA.

Commodities which may have such a requirement include dairy products, eggs, fish, fresh fruit or vegetables, honey, maple products, meat products, processed egg products, and processed fruit or vegetable products.

When you apply for your licence you will be required to name the provincial or territorial regulation or policy that requires you to obtain a licence from the CFIA.

3.3 Import trade

Licence required

You need a licence to import food, except for the following food:

Keep in mind

The food listed in Schedule 1 of the SFCR for use as grain, oil, pulse, sugar or beverage are: amaranth, barley, buckwheat, camelina, canola, chickpeas, cocoa beans, coffee beans, dry beans, dry faba beans, dry peas, flaxseed, hemp, hops, lentils, maize (corn), millet, mustard seeds, oats, quinoa, rapeseed, rice, rye, safflower seeds, sorghum, soybeans, sugar beets, sugar cane, sunflower seeds, tea leaves, triticale, wheat, wild rice.

No licence required

You do not need a licence if your sole activity is performing customs clearance as an import customs broker.

Keep in mind

Under the SFCR, a person who imports is the person identified by industry as performing the activity of importing. This person holds the licence to import and is responsible for meeting all applicable import requirements.

"Customs broker": This term is not used in the SFCA or SFCR. For the purpose of this document, "customs broker" refers to a person who facilitates the clearance of a food shipment through customs.

3.4 Export trade

Licence required

You need a licence to export food if you would like to receive an export certificate, or another export permission such as being on an export eligibility list, from the CFIA.

No licence required

You do not need a licence:

4. Key activities - manufacture, process, treat, preserve, grade, package and label

Manufacture, process, treat, preserve, grade, package, and label are activities in the SFCR for which you need a licence.

4.1 Manufacturing, processing, treating, preserving

The general meaning of manufacture, process, treat and preserve overlap, therefore the activities listed below may fall under more than one of these terms.

Licence required

Unless otherwise specified in Section 5: Sector-specific scenarios, you need a licence if you conduct one or more of the following activities on food for export or interprovincial trade. These activities are considered common examples that fall under "manufacture", "process", "treat", "preserve".

4.2 Grading

Grade names are an indication of the quality and condition of a food. The SFCR prescribe grade names for certain foods. These are found in the Canadian Grade Compendium and the Beef, Bison, and Veal Carcass Grade Requirements that are incorporated by reference.

Licence required

You need a licence to grade

Keep in mind

Some provinces require the application of a federal grade name to certain food. The federal grade name can be applied to following food if they have been graded by a licence holder.

No licence required

You do not need a licence to grade fresh fruits or vegetables, if they are only sold and consumed within your province or territory.

Additional information on grading grains, livestock carcasses and poultry carcasses are found in Section 5: Sector-specific scenarios.

4.3 Packaging

Licence required

You need a licence to package food for export or interprovincial trade. This includes:

No licence required

You do not need a licence for the following activities:

4.4 Labelling

Licence required

You need a licence to label food for export or interprovincial trade. The activity of labelling includes relabelling as well as over-stickering an existing label.

No licence required

You do not need a licence to label a prepackage, other than a consumer prepackage, if it contains fully labelled prepackaged food, unless the prepackage requires an inspection legend. For example:

Keep in mind
  • To apply or use the inspection legend you must have an SFC licence. Inspection legends are required for edible meat products and prepackaged processed egg products, and optional for prepackaged fish
  • Even though you may be exempt from licensing, you must ensure that all other SFCR labelling requirements are met, as applicable

In some instances, CFIA will permit the eligible licence holder to apply the associated export stamp/sticker to a prepackage in order to stage the product for CFIA export certification. For example, at a CFIA inspector's discretion they may allow you to apply an associated export stamp/sticker to eligible meat products. If CFIA permits you to apply the associated export stamp/sticker you do not need a licence to label because you are carrying out this activity on behalf of the CFIA.

4.5 Clarification of licence requirement when more than one food business, within the same province, is involved in making a food

You are the last food business to manufacture, process, treat or preserve the food

You need a licence if you are the last food business to make (manufactured, process, treat or preserve) a food for export or interprovincial trade.

You are a food business that will subsequently grade, package or label the manufactured, processed, treated or preserved food

You need a licence if you are a food business that will subsequently grade, package, or label the manufactured, processed, treated or preserved food for export or interprovincial trade.

Keep in mind
  • Both the food business that made the food and the food business that subsequently graded, packaged or labelled the food are required to have a licence.

5. Sector-specific scenarios

5.1 Selling food to consumers at retail

Licence required

You need a licence to manufacture, process, treat, preserve, grade, package, or label food to be sold at retail locations in another province.

No licence required

You do not need a licence to manufacture, process, treat, preserve, grade, package, or label food at retail if you sell the food directly to consumers

Examples include supermarkets, grocery stores, bakeries and butcheries.

5.2 Restaurants and similar enterprises

No licence required

You do not need a licence to manufacture, process, treat, preserve, grade, package, and label food at a restaurant or other similar enterprise for export or interprovincial trade if you are sending or conveying the food directly to consumers.

5.3 Farmers' markets

Licence required

You need a licence to manufacture, process, treat, preserve, grade, package, or label food to be sold at farmers' markets in another province.

Examples include packaging and labelling of fresh fruits, manufacturing of baked goods, or packaging, labelling and grading of honey. This is consistent with all food sold at retail.

5.4 Storing of food

No licence required

You do not need a licence to store food for export or interprovincial trade, including storing the food in a temperature controlled facility for the exclusive purpose of maintaining the condition and quality of the food.

Examples of controls for maintaining the condition and quality of food include:

5.5 Transportation of food

It is the responsibility of the operator under Part 4 of the SFCR to make sure that the conveyance that is used to transport the food to and from their establishment is appropriate and does not present a risk of contamination to the food.

No licence required

You do not need a licence to transport food, regardless of whether the conveyance has temperature or other type of control capabilities. However, operators may request that you provide evidence that the conveyance is appropriate and does not present a risk of contamination to the food.

5.6 Food additives

No licence required

You do not need a licence to import or manufacture, process, treat, preserve, grade, package, or label food additives for export or interprovincial trade.

5.7 Alcoholic beverages

Alcoholic beverages are regulated under the Importation of Intoxicating Liquors Act (IILA). The IILA covers both the interprovincial and international trade of alcoholic beverages. It is the responsibility of the food business to verify with their provincial or territorial government to determine whether the beverage they import or prepare for export or interprovincial trade is regulated under the IILA.

No licence required

You do not need a licence to import or manufacture, process, treat, preserve, grade, package, or label an alcoholic beverage that is regulated under the IILA for export or interprovincial trade.

5.8 Fresh fruits or vegetables

There are many activities that are conducted on fresh fruits or vegetables during growing and harvesting as well as postharvest. To determine whether you need a licence to conduct those activities, it is important that you consider when and where you are conducting those activities.

5.8.1 Activities associated with growing and harvesting

Activities associated with growing and harvesting can occur in a field, including land where wild fresh fruit or vegetables are harvested, or in a facility, such as a greenhouse, mushroom or sprout production facility.

Licence required

You need a licence to process, including minimally process, fresh fruits or vegetables for export or interprovincial trade. Examples of minimal processing activities associated with growing and harvesting include, coring and chopping.

No licence required

You do not need a licence to conduct the following activities on fresh fruits or vegetables for export or interprovincial trade:

5.8.2 Packaging of fresh fruits or vegetables

Licence required

You need a licence to:

No licence required

You do not need a licence to package and label fresh fruits or vegetables in the field for interprovincial trade, if the fresh fruits or vegetables will be subsequently manufactured, processed, treated, preserved or graded by a licence holder in the other province.

5.8.3 Activities conducted in a facility after harvest

Licence required

You need a licence to conduct one or more of the following activities in a facility after you harvest the fresh fruits or vegetables, if the fresh fruits or vegetables will be exported or interprovincially traded. The following activities, when conducted in a facility after harvest would be considered "manufacturing" "processing", "treating" or "preserving":

No licence required

You do not need a licence to conduct one or more of the following activities in a facility after harvest, because these activities are not considered "manufacturing" "processing", "treating" or "preserving":

Refer to Annex 1 of this document for a quick reference to the various activities conducted on fresh fruits or vegetables and whether you would need a licence.

5.8.4 DRC Membership for dealers of fresh fruits or vegetables

Since the coming into force of the SFCR on January 15, 2019, the CFIA no longer issues produce licences under the Licensing and Arbitration Regulations. Instead, a membership with the Fruit and Vegetable Dispute Resolution Corporation (DRC) will be required.

The DRC is a not-for-profit corporation serving the trade of fresh fruits or vegetables. It is the single dispute resolution body for the fruit and vegetable trade in Canada. The DRC provides trading rules for its members to help avoid trade disputes.

Information on DRC membership is available on the DRC website.

No licence required

You do not need a licence to obtain a DRC membership.

Keep in mind

An SFC licence and a DRC membership do not have the same intent. An SFC licence identifies food businesses and authorize them to carry out licensable activities while a DRC membership requires fair and ethical trading practices by minimizing trade irritants and facilitating effective trade dispute resolution.

In some cases, for example if you import fresh fruits or vegetables, you will need both an SFC licence and a DRC membership.

5.9 Food to be used as grain, oil, pulse, sugar or beverages (Schedule 1)

The food listed in Schedule 1 of the SFCR for use as grain, oil, pulse, sugar and beverage are: amaranth, barley, buckwheat, camelina, canola, chickpeas, cocoa beans, coffee beans, dry beans, dry faba beans, dry peas, flaxseed, hemp, hops, lentils, maize (corn), millet, mustard seeds, oats, quinoa, rapeseed, rice, rye, safflower seeds, sorghum, soybeans, sugar beets, sugar cane, sunflower seeds, tea leaves, triticale, wheat, wild rice.

5.9.1 Processing

There are activities conducted on food to be used as grain, oil, pulse, sugar and beverage (listed in Schedule 1) that require a licence because they are considered processing.

Licence required

You need a licence to conduct one or more of the following activities on the food listed in Schedule 1 for the purpose of export or interprovincial trade. These activities are considered "processing" and include:

No licence required

You do not need a licence to conduct one or more of the following activities on the food if it is not processed and will be used as grain, oil, pulse, sugar or beverages:

5.9.2 Packaging and labelling

The SFCR provides an exception to licensing for the packaging and labelling of food listed in Schedule 1 that are to be used as grain, oil, pulse, sugar or beverages if certain conditions are met.

Licence required

You need a licence to package and label food listed in Schedule 1 into consumer prepackages for the purpose of export or interprovincial trade.

No licence required

You do not need a licence to package and label the food listed in Schedule 1 if they

5.9.3 Grading

The Canada Grains Act prescribes grade names and provides the legislative authority to apply the grade name to grains and grain products. There are no grade names for grains and grain products in the SFCR.

No licence required

You do not need a licence under the SFCR for grading food listed in Schedule 1 because the SFCR does not prescribe grade names for them.

5.10 Raw milk (dairy)

The Food and Drug Regulations (FDR) and many provincial regulations prohibit the sale of raw milk to consumers. Therefore, raw milk is always required to be further processed prior to its sale to consumers.

Licence required

You need a licence to process or manufacture dairy products, including milk for export or interprovincial trade.

No licence required

You do not need a licence to conduct one or more of the following activities on raw milk:

Provincial regulations set requirements on farms and dairy co-operatives for the cooling, storage and agitation of raw milk, and for the movement of this product to a dairy processing plant. During the normal collection and movement of raw milk, some raw milk may cross provincial borders while in transit. The raw milk is not required to come from a licence holder.

5.11 Activities conducted by fishers

A fisher is a person who harvests or catches fish for commercial purposes. This section outlines the licensing requirements that apply to the activities conducted by fishers for export or interprovincial trade.

Licence required

You need a licence to:

No licence required

You do not need a licence to conduct activities that are necessary to protect the fish you catch or harvest from contamination, damage and spoilage. These are handling practices associated with catching, harvesting, unloading, holding and moving fish.

This includes:

Refer to Annex 2 of this document for a quick reference to the various activities conducted on fish by fishers and whether you would need a licence.

5.11.1 Package and label fish

You do not need a licence to package and label fish, if it:

Refer to Annex 2 of this document for a quick reference to the various activities conducted on fish by fishers and whether you would need a licence.

5.12 Wet storage of shellfish and holding live fish in water

Licence required

You need a licence if you package and label the shellfish you store in wet storage facility, or the live fish you hold in water, for export or interprovincial trade.

No licence required

You do not need a licence if you only hold the shellfish in wet storage or hold the live fish in water and do not conduct any other activities, such as packaging and labelling.

5.13 Shellfish buy-stations

A shellfish buy-station is a short-term holding facility that acts as a dry storage facility for shellfish that will be purchased from a licence holder who does not live near shellfish harvesting areas. Buy-stations conduct certain activities to prevent the deterioration of the shellfish while it is in storage.

Common examples of activities conducted at shellfish buy-stations include:

No licence required

You do not need a licence to operate a shellfish buy-station.

5.14 Ice

Licence required

You need a licence if you manufacture ice for human consumption to be exported or interprovincially traded. For example, ice cubes that can be added to a person's beverage.

No licence required

You do not need a licence if you manufacture ice for use as a processing aid by food businesses that make food.

5.15 Food animals from which meat products are derived

5.15.1 Slaughter of food animals

Licence required

You need a licence to slaughter food animals for the purpose of sending or conveying the meat products from one province to another or for the purpose of exporting the meat products.

5.15.2 Livestock and poultry carcasses

Only a grader, or a licence holder under the supervision of a grader, can apply a grade name to livestock or poultry carcasses.

Licence required

If you apply a grade name to livestock and poultry carcasses for export or interprovincial trade, and you are not a grader, you need a licence.

No licence required

If you are a grader, you do not need a licence to apply the grade name.

5.16 Food hubs

Food hubs are facilities used by small or medium sized food businesses or emerging food businesses to prepare food. These businesses may lease or rent the food hubs in order to use their amenities, equipment, or staff. Food hub owners may offer a combination of services to their food business clients, including product development, manufacturing, processing, treating, preserving, grading, labelling, packaging, storage, distribution, aggregation, marketing, sales and supply chain management. Food hubs may also be referred to as innovation centers, pilot plants or commercial kitchens.

Licence required

You need a licence to cover any manufacturing, processing, treating, preserving, grading, labelling, packaging you conduct on the food that is intended for interprovincial trade or for export.

Keep in mind
  • If the food hub owner or its staff conducts the processing and packaging of the food on behalf of the food business, the food hub would need a licence to process and package.
  • If the food business or its staff use the food hub equipment to conducts the processing and packaging of the food, the food business would need a licence to process and package.
  • If food hub staff processes and packages the food and the food business conducts the labelling, then the food hub needs a licence to process and package and the food business needs a licence to label.

5.17 Seasonal food businesses

Seasonal food businesses are businesses that temporarily cease operations for a period of time during the year. During such periods of inactivity, businesses may use their establishment, staff, and equipment to conduct other activities not related to food preparation.

Licence required

You need a licence to manufacture, process, treat, preserve, grade, package or label food or slaughter food animals for export and interprovincial trade.

Keep in mind

A licence, remains valid for a period of two years, even if your food business shuts down seasonally and you cease to import or prepare food for interprovincial trade or export for a period of time. There is no option to temporarily inactivate a licence.

In your preventive control plan, you will need to identify and document the control measures you have in place to prevent, eliminate or reduce the hazards to an acceptable level that may be introduced during the periods of inactivity including any incompatible activities you may be conducting during that time.

5.18 Mobile processing unit

Mobile processing units are conveyances with built-in equipment used to prepare food. These mobile processing units travel from one establishment to another, where the food is prepared in the conveyance on site.

Licence required

You need a licence to manufacture, process, treat, preserve, grade, package or label food or slaughter food animals on the mobile processing unit for the purpose of export or interprovincial trade.

5.19 Honey

Licence required

A licence is required for the following activities conducted by primary producers, of honey:

No licence required

A licence is not required for the following activities conducted by primary producers of honey for interprovincial trade:

5.20 Maple Syrup

Licence required

A licence is required for the following activities conducted by primary producers of maple syrup:

No licence required

A licence is not required for the following activities conducted by primary producers of maple syrup for interprovincial trade:

5.21 Storing and handling an edible meat product in its imported condition

Licence required

You need a licence to store and handle an edible meat product in its imported condition for inspection by the Canadian Food Inspection Agency.

Examples of activities which may occur under an SFC licence for "storing and handling an edible meat product in its imported condition" for the purpose of inspection include

6. Non-mandatory licensing

There are some scenarios where the CFIA may issue a licence though it is not mandatory. For example:

  1. The licence is requested for storing food that is subject to the SFCR.
  2. The licence is necessary in order to meet foreign country requirements for exported foods.
  3. The licence is necessary in order to meet provincial requirements, even if the food is only traded intra-provincially.
  4. The licence is necessary in order to conduct business with a distribution centre or wholesaler who will sell the food inter-provincially and must source the food from a licence holder.
  5. There is reasonable belief that the food business will expand to trade food between provinces or begin exporting a food to a country that requires an export certificate within the two year period that a licence is valid.

7. More information

For additional information about the licensing requirements of the SFCR, refer to the following resources:

Annex 1: Determination of licence requirement for activities conducted on fresh fruits or vegetables (FFV)

Legend: Licence = Check No licence = X

Activities conducted on FFV for export or interprovincial trade Associated with growing or harvesting (G/H) in a field, including land where wild fresh fruit or vegetables are harvested, or in a facility (for example, greenhouse, mushroom and sprout production) In a conveyance (to and from an establishment) In a facility after FFV is harvested (examples of facilities include greenhouse or mushroom/sprout production; packers/re-packers; minimal processors; wholesalers/distributors) Retail (for example, supermarket, grocery store, farmer's market)
Application of agronomic inputs, including pesticides, insecticides and fungicides X X
This is the responsibility operator who sends or receives it.
Check X
No licence since retail sale is intraprovincial
Cooling, including icing not applicable X
This is the responsibility operator who sends or receives it.
X X
No licence since retail sale is intraprovincial
Culling to remove rotting or bruised or wilted FFV X not applicable X X
No licence since retail sale is intraprovincial
Curing (roots, tubers and bulk crops) to extend their shelf-life X X
This is the responsibility operator who sends or receives it.
X X
No licence since retail sale is intraprovincial
Fumigation X X
This is the responsibility operator who sends or receives it.
Check X
No licence since retail sale is intraprovincial
Grading Check not applicable Check X
No licence since retail sale is intraprovincial
Irradiation
(only permitted on potatoes and onions - FDR, Div26)
not applicable X
This is the responsibility operator who sends or receives it.
Check X
No licence since retail sale is intraprovincial
Minimal processing, including, coring, cutting, dicing, chopping, shredding to make the FFV more readily available to consumers (for example, fresh-cut carrots, shredded lettuce) Check not applicable Check X
No licence since retail sale is intraprovincial
Peeling, trimming, including removal of outer leaves X not applicable Check X
No licence since retail sale is intraprovincial
Package (including repackaging) and Label X
if it occurs in the field and the FFV will be sent to a licence holder in another province who will manufacture, process, treat, preserve or grade them
Check
If it occurs in the field and the FFV will not be sent to a licence holder in another province who will manufacture, process, treat, preserve or grade them.
Check
If it occurs in the field and the FFV will be exported
Check
If it occurs in a facility
not applicable Check X
No licence since retail sale is intraprovincial
Rising to remove organic matter and cool the fresh fruit or vegetables, prior to packaging and labelling; X X
This is the responsibility operator who sends or receives it.
Check X
No licence since retail sale is intraprovincial
Ripening treatment, for example, bananas, tomatoes not applicable X
This is the responsibility operator who sends or receives it.
Check X
No licence since retail sale is intraprovincial
Sorting to separate the FFV from non-edible material, stones and plant debris X not applicable X X
No licence since retail sale is intraprovincial
Treatment to reduce sprouting (in potatoes and onions) not applicable X
This is the responsibility operator who sends or receives it.
Check X
No licence since retail sale is intraprovincial
Washing with an antimicrobial agent to reduce any microbial load that could be present on the FFV X X
This is the responsibility operator who sends or receives it.
Check X
No licence since retail sale is intraprovincial
Waxing and coating to minimize moisture loss, prolong the shelf life, and to improve the appearance of the FFV. not applicable X
This is the responsibility operator who sends or receives it.
Check X
No licence since retail sale is intraprovincial

Annex 2: Determination of licence requirement for activities conducted by fishers

Legend: Licence required = Check No licence required = X

Activities conducted by fishers on fish for export or interprovincial trade In a fishing vessel On shore
Freezing finfish, groundfish or shrimpTable Note a X Check
Gilling or guttingTable Note a X X
Grading Check Check
Icing finfish, groundfish, shrimp, live lobsters or crabTable Note a X X
Package and label X: If the product is not consumer prepackaged.
Check: If the product is consumer prepackaged.
X: If the product is not consumer prepackaged.
Check: If the product is consumer prepackaged.
Placing elastic bands around the claws of live lobstersTable Note a X X
Preserving (such as pickling, brining, salting or drying) Check Check
Processing (such as filleting, mincing or breading) Check Check
RefrigeratingTable Note a X X
Removing roe from the roe sac (ovarian membrane) Check Check
Removing roe sacs (roe surrounded by the ovarian membrane) from finfish and ground fish X X
Rinsing finshfish, groundfish, shrimp, live lobsters and crabTable Note a X X
Shucking live scallops to extract the adductor muscleTable Note a X Check
Shucking live oysters Check Check
Sorting X X
StoringTable Note a X X
Treating (such as applying a cooking process or preservatives) Check Check
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