Archived - Guidelines for Requesting and Administering Ministerial Exemptions for Apples

Import and Interprovincial

• 1. Introduction
• 2. Evidence of shortage
  • 2.1 Self-identification of commercial storage operators
• 3. Availability of supply
  • 3.1 Possible outcomes of inspection and monitoring for compliance with the Fresh Fruit and Vegetable Regulations and assessing shortage
• 4. Long term storage
• 5. Apples for repacking intended for export
  • 5.1 Apples produced in Canada
  • 5.2 Imported apples
• 6. Preparation and submission of applications
• 7. Processing of applications
  • 7.1 Interprovincial Ministerial Exemptions for apples
  • 7.2 Import Ministerial Exemption for apples from the United States
    • 7.2.1 United States Grown Apples
    • 7.2.2 Apples Grown in a Country Other than the United States and Transiting Through the United States
  • 7.3 Import Ministerial Exemption for apples directly imported from countries other than the United States
  • 7.4 Requirements for all applications
• 8. Payment for Ministerial Exemptions
• 9. Amendments to Ministerial Exemptions
• 10. Payment for amendments

• Appendix A: Centre of Administration
• Appendix B: Request for an Exemption to the Fresh Fruit and Vegetable Regulations (Form CFIA/ACIA 4685)
• Appendix C: Example - Ministerial Exemption
• Appendix D: Self-identification of commercial storage operators
• Appendix E: Additional administrative tolerance for Ministerial Exemptions for apples

1. Introduction

The Fresh Fruit and Vegetable Regulations (Regulations) under the Canada Agricultural Products Act (Act) prescribe packaging, labelling and grade requirements for fresh fruits and vegetables entering into interprovincial or import trade in Canada.

Apples are one of 30 domestically produced commodities whose trade are regulated, whether the product is marketed fresh to consumers or is intended for further processing. Processors or packers are free to source their supplies from the area or supplier of their choice provided those supplies comply with all the requirements of the Act and the Regulations.

Apples, which have grade names established in the Regulations, must meet mandatory quality standards when being marketed in interprovincial and import trade. The quality parameters prescribed by the Regulations include minimum and maximum size limits, standards for uniformity of shape and maturity, as well as establishing tolerances for the presence of defects which affect the marketability of product.

Additionally, apples are subject to packaging and labelling rules and are required to be certified as meeting regulatory requirements when marketed in interprovincial and import trade. Pursuant to subsection 5(2) of the Regulations, apples, a product for which a grade is established, may not be marketed in import or interprovincial trade in containers exceeding 200 kg (200 kg in accordance with a Test Market). As such, apples moving in bulk containers (bins, etc.) in excess of 200 kg or without proper markings, whether graded to meet the minimum quality standards or not, do not comply with the regulatory requirements set out in the Regulations for packaging and/or labelling.

Under certain circumstances, regulatory requirements may be exempted and movement of non-compliant product from another province or country may be permitted. Pursuant to subsection 2.2(2) of the Regulations, the Minister or a delegate of the Minister may exempt a product from the minimum grade (quality), labelling and/or packaging requirements prescribed by the Regulations, where the Minister considers it necessary in order to prevent or alleviate a shortage of apples in Canada.

The labelling, packaging and quality requirements may be waived when a Ministerial Exemption is requested for processing purposes. Only the labelling and packaging requirements may be waived when a Ministerial Exemption is requested for repacking purposes. The quality requirement will be dictated by import or interprovincial regulatory requirements and in some cases, the applicant's specific requirements (e.g. size, firmness [pressure test], etc.). It should be noted that in all cases, health and safety requirements will not be waived.

Such discretionary authority provides the Minister with the ability to assist packers and/or processors to obtain the supplies necessary to continue operating and to meet demand for products by sourcing available supplies from another province or another country.

These Guidelines for Requesting and Administering Ministerial Exemptions for Apples are used by the Minister, or a delegate of the Minister, in exercising his or her discretion to issue Ministerial Exemptions for interprovincial and import trade of fresh apples. In the case of Ministerial Exemptions for fresh fruit and vegetables, the Minister's authority has been delegated to officials within the Canadian Food Inspection Agency (CFIA). Any reference to the Minister in these Guidelines includes the delegated officials within the CFIA.

2. Evidence of shortage

An exemption from the regulatory requirements may only be issued by the Minister where it is necessary to prevent or alleviate a shortage in Canada and individuals seeking product should demonstrate, with evidence satisfactory to the Minister, that a shortage in supply exists.

Evidence of shortage for apples will generally be considered adequate if, as a minimum, applicants verify availability of domestic supply by contacting commercial storage operators. A commercial storage operator is considered to be a storage operator who is responsible for marketing the apples stored by them, and who has voluntarily self-identified with the CFIA as a potential supplier of apples for repackaging or processing.

In the case of interprovincial Ministerial Exemptions, the applicant should verify availability within the receiving province. In the case of import Ministerial Exemptions, applicants should verify availability within the receiving province and neighbouring provinces.

In most cases, the Minister will consider that the requested product is not available if the applicant can demonstrate (e.g., facsimile transmission verification report) that no response was received by the applicant within two (2) working days of the receipt of the request for information. Responses should only indicate if supply is available or not. In cases where the storage operators indicate that suitable quality and variety of supplies are available in their province, they are to provide the applicant with satisfactory information on sources of those supplies, i.e., grower's name, address, telephone number, as well as the volume, expected date of availability or other such information that would indicate the supply situation.

Evidence of shortage should accompany the application. Documentation may be forwarded to the CFIA (Centre of Administration see Appendix A) by letter, facsimile, electronic mail messages or other means of printed communication. With the exception of electronic mail, it is required that evidence of shortage documentation obtained from the commercial storage operator be on their letterhead, and be signed by a responsible representative of the storage facility.

Commercial storage operators or coordinating bodies are expected to provide prompt written responses to an applicant's request for information. Notations on the Ministerial Exemption application will not be accepted as evidence of shortage.

Applicants may contact commercial storage operators directly without the assistance of a provincial marketing organization in gathering evidence of shortage. However, where provincial marketing organizations provide a coordination role in the Ministerial Exemption application process, the provincial marketing organization is requested, for consistency purposes, to solicit information on availability from commercial storage operators within their province.

As part of providing evidence of shortage, applicants should demonstrate to the Minister that they have contacted commercial storage operators, who as a group represent a significant majority of the total volume of apples available that are destined for fresh consumption or for processing, within their respective province and neighbouring provinces, as the case may be. From time to time, the total volume of apples destined for fresh consumption or for processing will be assessed by the CFIA in consultation with Agriculture and Agri-Food Canada, the Canadian Horticultural Council and provincial organizations using industry crop estimates, storage holding estimates, and any Statistics Canada data that may be available.

In addition, any other information which may be beneficial to the Minister in determining the availability of domestic supply and/or considering the application for a Ministerial Exemption may also be taken into consideration.

If supply is determined to be available in Canada, the Minister will reject the application or portion thereof until supply is not available.

Applicants are required to identify dates for shipping of apples to assist in establishing appropriate start dates and cut-off dates for the Ministerial Exemption.

2.1 Self-identification of commercial storage operators

To assist the Agency in assessing shortage, commercial storage operators are encouraged to voluntarily self-identify with the CFIA (Centre of Administration - see Appendix A) in order to be considered as a potential domestic supplier in the exercise of assessing shortage and availability in considering a request for a Ministerial Exemption for apples.

In this case, commercial storage operators should provide the CFIA with the address of the facility, responsible party's name (and an alternate), e-mail address, and telephone number, including a listing of apple varieties stored by storage method (e.g., cold, controlled atmosphere), volumes stored for each variety, reported in orchard bin totals or kilograms according to end use (repackaging, processing, peeler) and an estimate of the quality for each variety. A sample self-identification form is attached to these Guidelines as Appendix D.

From time to time, the CFIA may verify data provided by the commercial storage operators through examination of data derived from the Canadian Apple Storage Reports prepared by Agriculture and Agri-Food Canada. Storage operators are requested to self-identify with the CFIA by December 31 in each crop year.

3. Availability of Supply

In the evaluation of supply, commercial storage operators, potential suppliers, or provincial coordination bodies are encouraged to consider any additional quality parameters (or special tolerances) that applicants include on the application. For the purposes of these Guidelines, additional quality parameters (or special tolerances) mean any product specifications or quality attributes identified by the applicant in the Special Tolerances field of the Request for an Exemption to the Fresh Fruit and Vegetable Regulations form. Additional quality parameters are those which are quantifiable or measurable and which could be verified through inspection. Other special quality parameters (e.g., organically produced) will be considered on a case by case basis by the Minister. Examples of applicant's quality parameters include, but are not limited to: pressure test (firmness), uniformity of colour on surface of apple and size requirements.

To assist the Minister and potential suppliers in assessing shortage or available supply, applicants are requested to include any additional quality parameter requirements in the Special Tolerances section of the Ministerial Exemption application.

Generally, in the case of apples for processing, the product need not meet one of the grades specified in the Regulations, but may be subject to the quality parameters specified by the applicant on the application.

In the case of apples for repacking, supply will be considered to be available if a lot of apples is available for shipping and, at the time when the lot would be shipped, the lot of apples meets the applicant's additional quality parameters (or special tolerances), if any, and the standards for the grade declared on the application. An additional administrative tolerance of 15%, which includes not more than an additional 3% tolerance for apples affected by decay, will generally be applied to the General Tolerances for the grade established in the Fresh Fruit and Vegetable Regulations for apples. Additional quality parameters (or special tolerances) requested by the applicant will not be subject to the additional tolerance of 15%. General Tolerances at the Time of Shipping or Repacking established in the Grades and Standards for Apples can be found in Schedule I, Part I of the Fresh Fruit and Vegetable Regulations. Please refer to Appendix E attached to these Guidelines for more details on the additional administrative tolerance for Ministerial Exemptions for apples.

In addition to the above noted tolerances, supply will normally be considered to be available if fifty (50) bins or more of apples are available at one location.

In the case of apples for repacking, only labelling and packaging requirements may be waived.

Availability may be subject to review in the exercise of determining shortage for apples. In these instances, the supplier or receiver (applicant) may request an inspection from the CFIA pursuant to Part VII, paragraph 40(2) of the Regulations. Requests for inspection should be submitted in writing to the nearest CFIA office and make reference to the Ministerial Exemption application or contract number.

The inspection may be performed at either the shipping or receiving point. It should be noted that, consistent with section 43 of the Regulations, requests for inspection can only be made by persons having a financial interest in the produce (i.e., supplier or receiver). Generally, in cases where an applicant alleges that the suitability of the lot of apples is not consistent with the quality requested in the Ministerial Exemption application, the applicant should provide evidence in the form of a CFIA inspection report to confirm the quality in question.

The CFIA may, in addition to the inspection request, monitor/inspect product at the point of shipment or may monitor grading and packing at the packer's establishment to verify suitability of supply. The CFIA will consider the results of any inspection performed, the results of any monitoring performed, the details of the Ministerial Exemption application, and minimum regulatory requirements in determining shortage and available supply. The CFIA will advise the parties regarding the decision reached and any follow up actions that may be required by the parties.

3.1 Possible outcomes of inspection and monitoring for compliance with the Fresh Fruit and Vegetable Regulations and assessing shortage

Should the CFIA determine through either inspection or monitoring that the apple quality is not suitable as per the conditions of the Ministerial Exemption application and the Regulations, the storage operator will be notified of the problem.

As a first step, the storage operator will be provided with an opportunity to provide an alternate lot for the purpose of supplying the product required, if it can be made available within a reasonable amount of time (generally within one business day) and be of suitable quality. In these situations, and on a case-by-case basis, the Minister may grant a portion of the Ministerial Exemption request while suitable supply is being determined. This second lot or replacement lot presented by the storage operator may be subject to inspection by the CFIA. The responsibility for making the product available for inspection and providing suitable inspection facilities is generally considered to be the responsibility of the storage operator. If the replacement lot is not satisfactory, the storage operator will be notified that the product is not considered to be suitable supply. Generally, the applicant will be granted permission to source supply from elsewhere through a Ministerial Exemption. Should the replacement lot be determined to be satisfactory, the applicant generally will not be granted a Ministerial Exemption if suitable product is available within the province.

In the case where the second or replacement lot presented is found to be unsatisfactory, the storage operator will be advised that further shipments of apples, required to meet the same or similar quality parameters from their respective facility, may be subject to mandatory inspection at point of shipment for a minimum of three (3) loads.

Repeated failures on the part of the storage operator to provide suitable quality fruit may result in the CFIA removing the facility from the list of Commercial Storage Operators considered as being a potential supplier.

As a second step, where product is found to be suitable and proceeds to the applicant's premises, it would be advisable for the packer to notify CFIA of when they intend to begin packing the product and not begin packing until CFIA inspection staff is on site. The CFIA will be present to monitor the grading and packing of the product. Should it be determined that excessive grade out of product is occurring, the applicant's privilege of providing additional quality parameters could be suspended for a minimum of three (3) Ministerial Exemption applications.

Inspection costs, in regard to inspection referred to in this section, will be borne by the party requesting the inspection.

Among other measures, if non-compliance with these Guidelines is determined, the Minister may refuse to consider Ministerial Exemption applications or evidence of shortage letters.

4. Long term storage

Ministerial Exemptions may be used as a vehicle to permit the movement of ungraded apples in bulk packaging formats to storage operator facilities in another province solely for the purpose of long term storage or for long term storage and marketing later in the crop year.

An application for a Ministerial Exemption must be provided prior to conveyance of the apples to the province of storage.

The Minister will generally consider applications to move ungraded apples in bulk packaging formats to storage facilities for the purposes of marketing under the following conditions:

1. The variety sought is not available within the province of storage in commercial quantities; or
2. The variety sought is available within the province of storage however, a crop failure or weather event (or other such circumstances that would result in diminished marketability) has diminished available supply within the province, of the same variety, by 20%.

In cases other than those mentioned in the preceding paragraph and sub-paragraphs (a) and (b) above, and for the purposes of long term storage only, evidence of shortage is not required at the time of conveyance. Evidence of shortage must be provided, in accordance with sections 2 and 3 of these Guidelines, prior to the intent to market the apples from long term storage. If supply is determined to be available at that time, the Minister may reject the application or portion thereof.

As in other situations, the Ministerial Exemption application form should be used by applicants when applying for permission to move apples for long term storage purposes. To provide for proper consideration of the request, applicants are requested to indicate that the purpose of the request is for Long Term Storage.

5. Apples for repacking intended for export

5.1 Apples produced in Canada

Generally speaking, where an applicant has a contract for supply of packaged apples to a foreign destination outside Canada, and there is no written evidence that the product to be packed must be of an origin other than Canadian, applicants and potential suppliers should follow the Guidelines outlined in sections 2 and 3 above.

5.2 Imported apples

Generally speaking, shortage will be recognized for Ministerial Exemption applications for apples for repackaging intended for export outside of Canada when the applicant provides written evidence to the CFIA that their contract for supply of packaged product requires that the apples be of an origin other than Canadian (e.g., preparing packed product for United States School Lunch Program, etc.).

To assist the Minister in considering the application, applicants should indicate on the Ministerial Exemption application the intended end use for the product and should identify that special origin requirements are required (e.g., import for re-export to supply United States School Lunch Program, import for re-export to supply attached contract). Applications submitted without the additional documentation will be subject to the process in sections 2 and 3 of these Guidelines. Applicants are encouraged to identify delivery dates for packaged product to assist in establishing appropriate start dates and cut-off dates for the Ministerial Exemption.

Applicant's records may be reviewed by the CFIA to verify product was exported. Should it be determined the packaged product was diverted into the Canadian market, future requests for Ministerial Exemptions from the applicant may be subject to the general procedures outlined in sections 2 and 3 of these Guidelines.

As it relates to both sections 5.1 and 5.2 of the Guidelines, should repeated non-compliance of the Regulations and/or Guidelines be determined, the Minister may refuse to accept requests for Ministerial Exemptions from the applicant.

6. Preparation and submission of applications

The applicant completes an application for a Ministerial Exemption and submits it to the CFIA (Centre of Administration) along with the supporting evidence and payment for the number of loads requested.

A standardized Request for an Exemption to the Fresh Fruit and Vegetable Regulations form (CFIA/ACIA 4685) is attached to these Guidelines (Appendix B). This interactive form may be downloaded from the CFIA website, or photocopied or typeset copies may be obtained from the Centre of Administration (Appendix A).

The applicant is responsible for verifying that the apples for which a Ministerial Exemption is requested are in compliance with any other applicable federal acts and regulations, e.g., Food and Drugs Act and Regulations, Plant Protection Act and Regulations, etc.

Applicants may forward the application for a Ministerial Exemption to the CFIA and the request for evidence of shortage to the commercial storage operator (or coordinating body) simultaneously. However, the application will not be processed until the application is considered to be complete.

7. Processing of applications

Upon receipt of a completed application to the Centre of Administration, CFIA officials shall:

• review the application and submitted evidence to ascertain the completeness of the submission; and
• ensure the proper payment for the Ministerial Exemption is received.

If deficiencies are apparent, the applicant will be advised by the CFIA and the application will be placed on hold until the required information has been supplied or the proper payment has been received.

When the application appears to be complete, the Minister may:

• verify, prior to approval, any plant health requirements; and
• if necessary, seek additional information relating to the application from other relevant parties in order to arrive at a decision.

When satisfied that all requirements have been met, the Minister will generally approve the requested Ministerial Exemption, approve a portion of it or deny the request if an apparent shortage in the available supply from domestic production is not confirmed.

7.1 Interprovincial Ministerial Exemptions for apples

A Ministerial Exemption with a Ministerial Exemption contract number will be printed on CFIA letterhead for each individual load requested and signed by a CFIA delegate (e.g., if a Ministerial Exemption is authorized for 3 loads, three separate Ministerial Exemptions will be printed and numbered 1 of 3, 2 of 3, and 3 of 3). The Centre of Administration will forward the Ministerial Exemptions, with signatures, to the applicant and a copy to the appropriate CFIA shipping point and receiving offices. A Ministerial Exemption signed by a CFIA delegate authorizing movement must accompany each load.

7.2 Import Ministerial Exemptions for apples from the United States

7.2.1 United States Grown Apples

The Ministerial Exemption will be issued on CFIA letterhead with a Ministerial Exemption contract number. This Ministerial Exemption will indicate the total number of loads granted (Appendix C).

The apple certification requirement conducted by the United States (US) will be based on gradually reduced inspection rates for apples grown in and imported from the US. This will happen over a three-year period. The frequency of inspection schedule for US grown apples will be as follows:

• From May 4 (2015) to Dec 31 (2015): inspect 50% of the bulk loads of US grown apples
• From Jan 1 (2016) to Dec 31 (2016): inspect 25% of the bulk loads of US grown apples
• From Jan 1 (2017) to Dec 31 (2017): inspect 5% of the bulk loads of US grown apples

The frequency of inspection schedule will be entered in the "Remarks" section of the issued Ministerial Exemption, for example:

• Inspect 50% of the bulk loads of US grown apples.

The CFIA will also highlight in the "Remarks" section which loads are to be inspected by the United States Department of Agriculture (USDA) (this will only be shown for USDA and CFIA receiving office's copy). For example:

• For an issued Ministerial Exemption for 10 loads of apples at a 50% frequency of inspection, inspect loads 1, 2, 5, 6, 8. Loads requiring inspection will be chosen randomly.

The issued Ministerial Exemption will be faxed by the CFIA delegate to the USDA, the appropriate CFIA receiving office and the applicant. Only the USDA and CFIA's receiving office will know which loads require inspection. The USDA Washington D.C. office will forward a copy of the Ministerial Exemption to the appropriate state shipping point office.

For those loads requiring an inspection, the USDA shipping point inspector will issue an inspection certificate certifying that this particular load meets the requirements of the Ministerial Exemption issued by the Minister under Ministerial Exemption contract No. XXXX. This inspection certificate will be in the form of a Certificate of Inspection for Canadian Destinations (FV-205).

For those shipments not requiring an inspection due to the reduced frequency schedule, the USDA will also issue an inspection certificate in the form of a Certificate of Inspection for Canadian Destinations (FV-205). However, an inspection will not be performed. In this case, the USDA will provide a statement on the form indicating "This FV-205 is issued without inspection as per the Canada – US Beyond the Border Agri-food Pilot for Apples."

Should a bulk load arrive at the border and not be accompanied by proper USDA documentation citing a Ministerial Exemption contract number, the load will be refused entry.

This work is being done as part of a pilot project implemented under the Beyond the Border Initiative.

7.2.2 Apples Grown in a Country Other than the United States and Transiting Through the United States

The Ministerial Exemption will be issued on CFIA letterhead with a Ministerial Exemption contract number. This Ministerial Exemption will indicate the total number of loads granted (Appendix C).

The issued Ministerial Exemption will be faxed to the United States Department of Agriculture (USDA), the appropriate CFIA receiving office and the applicant. The USDA Washington, D.C. office will forward a copy of the Ministerial Exemption to the appropriate state shipping point office.

The USDA shipping point inspector will issue an inspection certificate certifying that this particular load meets the requirements of the Ministerial Exemption issued by the Minister under Ministerial Exemption contract No. XXXX. This inspection certificate will be in the form of a Certificate of Inspection for Canadian Destinations (FV-205).

Should a bulk load arrive at the border and not be accompanied by a proper USDA certificate citing a Ministerial Exemption contract number, the load will be refused entry.

7.3 Import Ministerial Exemptions for apples imported directly from countries other than the United States

In the case of apples directly imported from countries other than the United States, the Ministerial Exemption is not forwarded to the USDA by the CFIA.

In this situation, a Ministerial Exemption will be printed on CFIA letterhead for each individual load requested and signed by a CFIA delegate (e.g., if a Ministerial Exemption is authorized for 3 loads, three separate Ministerial Exemptions will be printed and numbered 1 of 3, 2 of 3, and 3 of 3). CFIA will forward the Ministerial Exemptions, with signatures, to the applicant and a copy to the appropriate CFIA receiving office.

The applicant must ensure that a Ministerial Exemption is at the Canadian point of entry when each load enters Canada (e.g., send the Ministerial Exemption to the Customs' Broker at the point of entry) to ensure that every load is accompanied by a Ministerial Exemption.

Note: Directly imported means that the load is entering Canada without passing through any other country or is passing through the United States under a Customs Bond.

The applicant is required to notify the nearest CFIA inspection office of the arrival of a load of apples, where, if necessary, an inspection will be performed to ensure compliance with the Regulations and the terms of the Ministerial Exemption. Should the bulk load not comply with the requirements, the applicant will be given options for its disposal.

Failure to notify the nearest CFIA inspection office will result in further control measures to ensure that loads comply with the terms of the Ministerial Exemption.

7.4 Requirements for all applications

Ministerial Exemptions are issued for a particular province and are not to be used to ship product into another province and are not transferable between applicants.

Ministerial Exemptions will not be restricted to a monthly basis, but may be granted for any period of time subject to evidence of shortage presented.

Ministerial Exemptions must expire on December 31st of each year in order to accommodate contract numbering scheme of the Exemption and Authorization System (EAS).

When a Ministerial Exemption is granted for only a portion of the volume requested on the original application, the CFIA will advise the applicant of the change in volume. Additionally, when an application is denied, the CFIA will notify the applicant of the decision in writing, return the application with a statement that the request has been denied and return the applicable payment.

Once printed and issued by the CFIA, no person shall add, remove, or alter any information printed on a Ministerial Exemption. As well, a Ministerial Exemption is only valid for the number of loads indicated on the Ministerial Exemption contract issued by the CFIA.

8. Payment for Ministerial Exemptions

As noted in Section 6, the applicant must submit payment of the fee with the application for a Ministerial Exemption to the Fresh Fruit and Vegetable Regulations.

In accordance with Item 1 of the Table in Part 6 of the Canadian Food Inspection Agency Fees Notice pursuant to the Canadian Food Inspection Agency Act, the fee prescribed for Ministerial Exemptions shall be paid at the time of the request for a Ministerial Exemption or be payable on receipt of a statement for services supplied by the CFIA.

The fee that is payable for a Ministerial Exemption conferred under Item 1 of the Table in Part 6 of the Canadian Food Inspection Agency Fees Notice is $20.00 per load.

No refund will be given for unused portions of an approved Ministerial Exemption, except in the case where the CFIA has terminated the Ministerial Exemption earlier than stated on the Ministerial Exemption.

When a request for Ministerial Exemption is denied, the CFIA will return the application along with the payment to the applicant.

9. Amendments to Ministerial Exemptions

The applicant must complete a new application for any amendment to an existing Ministerial Exemption. The application for an amendment must be submitted to the Centre of Administration.

In certain circumstances, the applicant may be asked to provide additional evidence that the product is still in shortage.

10. Payment for amendments

No fee will be charged for an amendment to an existing Ministerial Exemption when the amendment is for a change to:

• the name and address of a shipper(s) or adding a shipper(s) in the same province/state;
• the quality requirements (i.e., grade, size, or applicant's quality parameters); or
• the cut-off date. Note: A cut-off date cannot be extended if the Ministerial Exemption has expired.

A new Ministerial Exemption must be requested with payment when the applicant wishes to increase the quantity from what was originally applied for.

A new Ministerial Exemption must be requested when the applicant wishes to change the state when importing from the United States, or change the province of receipt when moving produce interprovincially.

Appendix A: Centre of Administration

Requests:

Email: Permission@inspection.gc.ca (preferred method)
Fax: 289-247-4068
Mail: Canadian Food Inspection Agency
Centre of Administration
Permits, Licence and Registration
1050 Courtneypark Drive East
Mississauga, ON L5T 2R4

Inquiries:

Toll-free: 1-855-212-7695

Local: 613-773-5131

Hours of Operation:

The Centre is open from 7 a.m. to 7 p.m. EST. Service is provided in both official languages.

Website: Centre of Administration

Appendix B:

Request for an Exemption to the Fresh Fruit and Vegetable Regulations (CFIA/ACIA 4685)

Appendix C:
Example - Ministerial Exemption

Appendix D:
Self-identification of commercial storage operators

Self-identification of commercial storage operator for apples for repackaging

PDF (27 kb)

Self-identification of commercial storage operator for apples for processing

PDF (26 kb)

Self-identification of commercial storage operator for peeler apples

PDF (26 kb)

Appendix E: Additional administrative tolerance for Ministerial Exemptions for apples

General tolerances at the time of shipping for apples, as per the Fresh Fruit and Vegetable Regulations

Total general tolerance at the time of shipping

Quality

• 10% total quality defects (permanent and condition), including
  • not more than 2% for decay; and
  • not more than 5% same defect other than decay.

Size

• 5% undersize (for example, under 2 ⅜ inches)

Total

• 15% (including quality defects and undersize)

Additional administrative tolerance

• 15% applied to quality defects and undersize, including
  • not more than an additional 3% for decay.

The additional administrative tolerance may be applied to either quality or undersize or combination thereof, but is not to exceed 15%.

The additional administrative tolerance of 15% may be applied to a same defect, other than decay.

Total general and additional administrative tolerances

• 30% quality defects (including not more than 5% decay) and undersize

Thus, examples of maximum tolerances permitted are:

• 25% quality defects maximum (including not more than 5% decay), plus 5% undersize; or
• 10% quality defects maximum (including not more than 2% decay), plus 20% undersize; or
• 13% quality defects maximum (including not more than 5% decay), plus 17% undersize; or
• Any combination of defects (quality and size) not exceeding 30%, including not more than 20% for undersize.

Example: An applicant requests Canada Fancy Grade, 60% 2 ½ inches and up

If inspection of the lot intended to supply the request for Canada Fancy Grade, 60% 2 ½ inches and up results in 10% quality defects and 20% undersize (under 2 ⅜ inches) with 60% of remaining apples in lot meeting or exceeding 2 ½ minimum diameter being reported, generally, the lot would be considered as available or suitable supply.