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Operational procedure: replacing export certificates for food

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1.0 Purpose

The purpose of this document is to provide guidance to Canadian Food Inspection Agency (CFIA) inspection staff involved in the process of replacing an export certificate for food products intended for human consumption.

This document is intended to be used in conjunction with other guidance documents as referenced in section 3.0.

2.0 Authorities

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.

3.0 Reference documents

4.0 Definitions

Unless specified below, definitions are located in either the:

5.0 Acronyms

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

6.0 Operational procedure

For the purpose of this operational procedure, where not stated or when applicable, the term 'certificate' includes the certificate and applicable annexes and required supporting material.

No corrections are allowed on export certificates. When errors are identified, the certificate must be voided. An inspector may issue a replacement certificate for food exports, under certain conditions, for example, when a certificate is:

6.1 Receipt of a request for a replacement certificate

6.1.1 Verification and review

Upon receipt of a request for replacing an export certificate, the inspector will verify that the following criteria have been met to determine if a replacement certificate can be issued:

In the case of a lost certificate, all effort must be made by the applicant to recover the export certificates and related documents.

In addition to the lost certificate replacement process described in this procedure, a written explanation describing the effort made to find the lost certificate and related documents must be provided to the inspector.

Repeated instances of lost certificates indicate a lack of control by the exporter over the security of the certificates. In such cases, requests to replace lost certificates may be denied.

An export certificate will not be replaced in cases where:

6.1.2 Split shipments (for food other than meat products)

On occasion, the quantity of product identified on the signed original certificate does not fit into the cargo space available at time of loading. These situations are often out of the exporter's control.

For the portion of the lot that is loaded on the conveyance and can be shipped, the exporter will need to request a letter of explanation from CFIA or request a replacement certificate, whichever is required by the importing country. Prior to shipment, the exporter is responsible to confirm with the importer in the importing country whether a letter of explanation or a replacement certificate will be acceptable in these situations.

For the portion of the lot that is left behind, the exporter must request a new export certificate. The lot must be available for inspection in Canada for the new certificate to be issued.

6.2 Issuing the replacement export certificate

Once the inspector has determined that a replacement export certificate can be issued, the inspector must verify the following has been met:

A copy of the signed certificate is to be placed in the files of the issuing office. Replacement certificate data should be entered into the commodity relevant database.

6.3 Explanation letters

A letter of explanation may be issued by CFIA in addition to or instead of a replacement certificate. The applicant must provide the inspector with reasonable assurance that the letter of explanation will be acceptable to the importing country.

A change of consignee for the same country or split shipments are examples of situations requiring an explanatory letter instead of a replacement certificate. In the case of meat products, Annex E-2 "Letter Template for change of Consignee" could be used, if accepted by the importing country. Annex E-2 is available in Read ICR (Importing country requirements).

6.4 Cancellation of the original certificate

The original certificate can only be cancelled by an official of either the CFIA or foreign authorities. Once the certificate is cancelled with the mention of "void", the original remains on file at the inspector's office. In the case of meat products, the official meat inspection certificate (OMIC) copy is sent to Ottawa at the address indicated in the operational directive "Procedures for verifying meat products exports and the issuance of the Official Meat Inspection Certificate", in section 6.2.4 Distribution of OMIC. The other copies of the canceled OMIC, if applicable, must be destroyed.

7.0 Commodity specific export certificate replacement procedures

7.1 Replacement certificate conditions for meat products

For the purpose of this operational procedure, when used in the context of meat products, the term 'certificate' refers to the OMIC and includes any applicable annexes and supporting material.

After reviewing the request for a replacement certificate, the CFIA may request additional documentation, if it is determined that the change requested cannot be made, based on available information. This is particularly significant when a change is requested to a seal number, export stamp/shipping mark number, transport container number, number of cartons, weight or product description.

CFIA may request the following documentation, depending on the situation:

7.1.1 Change to the country of destination

Regarding a change to the country of destination, if a replacement certificate is issued by the CFIA, it will be the responsibility of the applicant to provide the competent authority of the new country of destination with acceptable information to prove the continuity of control over the lot and compliance with conditions required by the importing country.

7.1.2 Replacement certificate when the lot has left the establishment

If the applicant requests a replacement certificate after the original export certificate has been issued and the lot has left the establishment, the CFIA will not be in a position to certify the condition of the lot, as of the date the replacement certificate is issued. The replacement certificate only certifies the lot's conditions at the time of initial export certification. Please refer to the industry guidance: Replacement certificates for the steps that the applicant must follow, including the letter to be presented to the CFIA.

7.1.3 Export application verification form (CFIA/ACIA 5344)

The export application verification form CFIA/ACIA 5344, for the replacement certificate, with elements 1a), 1b) and 2 filled out, accompanied with the rationale supporting the request, must be presented by the applicant to a CFIA veterinarian. The "Export application verification form" - CFIA/ACIA 5344 form must be certified for any elements that are to be changed. A CFIA inspector must also certify to any changed elements. The "in lieu" box must be marked with an “x” and the corresponding original certificate number identified.

7.2 Replacement certificate conditions for meat products for a country other than USA

7.2.1 Replacement certificate prior to signature

If the operator requests a replacement certificate because an error occurred on the original certificate, however the:

The CFIA will issue a replacement certificate for the shipment, providing the replacement certificate states in Box 2 of the CFIA/ACIA 1454 or in box 14 of the CFIA/ACIA 4159: "This certificate replaces and supersedes certificate No space. Boxes stamped with number space". No additional information is required on the replacement certificate.

For additional information on replacement certificates and correction letters for China, please consult the document Questions and answers regarding the export of meat products to China (accessible only on the Government of Canada network – RDIMS 12385679).

7.2.2 Replacement certificate after signature, when the lot left the establishment

If the request for a replacement certificate is made after the original export certificate has been issued and the lot is no longer at the establishment, it must be understood that the CFIA is issuing the replacement certificate on the basis of the lot sanitary state, as verified at the time of issuance of the original export certificate being replaced.

Modification required to the CFIA/ACIA 1454 for a replacement certificate

In box 2, the statements "This certificate replaces and supersedes certificate number space issued on space (date) " and "Boxes stamped with number space" have to be indicated.

The statement in the third box from the bottom (between box 16 and 18) on the replacement certificate has to be crossed out. It has to be replaced by the following statement:

"This is to certify that, on the date of issuance of the certificate of inspection covering meat products which this certificate replaces, the meat products herein identified derived from food animals that received antemortem and postmortem veterinary inspection at the time of slaughter and were fit for human food, were not treated with and did not contain any preservative, colouring matter or other substance not permitted by the Safe Food for Canadians Regulations and act and have been handled only in a sanitary manner in Canada."

This statement is to be added in box 18 "Additional certification" or at the bottom of box 14 "Product description". If there is insufficient room in box 14 to add the revised statement, CFIA/ACIA 1454 SUP is needed. The continuation sheet must contain the product description information that could not fit on the face of the replacement certificate, along with the revised statement.

Modification required to the CFIA/ACIA 4159 for a replacement certificate

In box 13, the statement "This certificate replaces and supersedes certificate number space issued on space (date)" has to be indicated. The statement "Boxes stamped with number space" has to be indicated in box 14.

The 2 paragraphs in English and Mandarin related to the antemortem and postmortem inspection, right below boxes 23 and 24, are to be crossed out on the replacement certificate. They are replaced by the following statement:

"This is to certify that, on the date of issuance of the certificate of inspection covering meat products which this certificate replaces, the meat products herein identified derived from food animals that received antemortem and postmortem veterinary inspection at the time of slaughter and were fit for human food, were not treated with and did not contain any preservative, colouring matter or other substance not permitted by the Safe Food for Canadians Regulations and act and have been handled only in a sanitary manner in Canada."

This revised statement is to be added on box 25 "Additional certification" or at the bottom of box 20 and 21 "Product description". If there is insufficient space, CFIA letterhead is to be used to add the revised statement above.

For additional information on replacement certificates and correction letters for China, please consult the document Questions and answers regarding the export of meat products to China accessible only on the Government of Canada network – RDIMS 12385679).

7.2.3 Procedure for replacement of lost certificates

The CFIA recognizes that in certain exceptional circumstances, export certificates and annexes may be lost. All effort should be made by the applicant, including all parties involved, to recover them.

If efforts fail to recover the certificate and applicable annexes, the applicant must explain in writing, on company letterhead, the steps taken to recover the export certificate, the cause of the problem and the measures that will be taken to prevent reoccurrence. The letter must include all pertinent details surrounding the issue and a written declaration that if the certificate is recovered, it will be returned to the CFIA. All other companies involved in the export of the lot must explain in writing, on company letterhead, the steps they have taken to recover the export certificate, the cause of the problem and the measures that will be taken to prevent reoccurrence.

The applicant has to present these letters, along with a CFIA/ACIA 5344 (Annex H) and the replacement certificate, to the local inspector or veterinarian. In conjunction with the Area Veterinary Operation Specialist, the inspector or veterinarian will determine, based on information presented, if the issuance of a replacement certificate is warranted.

If the application is accepted by the CFIA, the inspector will transfer the documents to the veterinarian or, if not available, to their office or the respective area office. The replacement certificate and applicable annexes will be issued with the following statement in box 2 of the CFIA/ACIA 1454: "This certificate replaces and supersedes certificate No space issued on space (date) and that was declared lost and cancelled". "Boxes stamped with number space" is also indicated.

If the request for a replacement certificate is made after the original export certificate has been issued and the lot is no longer at the establishment, all other conditions for replacement certificates indicated in section 7.2.3 apply.

7.3 Replacement certificate for meat products for USA, certificate CFIA/ACIA 5733

7.3.1 Replacement certificate prior to signature

Please refer to 7.2.1 for the replacement certificate issuance conditions. The statement "This certificate replaces and supersedes certificate No space. Boxes stamped with number space" is indicated in the section "shipping marks stamped on cartons/combos field".

7.3.2 Procedure for replacement of lost certificates

If the request for a replacement certificate is made after the original export certificate has been issued, in addition to the statement in the shipping marks section, the following statement must be typed in the "Additional Certification (if requested)" box: "This replacement export certificate certifies the named product's condition on the date of issuance of certificate number. (insert the number of the certificate being replaced) which this export certificate replaces. The certification statements set out herein do not apply as of the date of this replacement certificate but only as of the date of the original certificate number. (insert the number of the certificate being replaced)."

7.3.3 Procedure for replacement of lost certificates

Please refer to 7.2.3 for the replacement certificate issuance conditions and the statement to be added to the CFIA/ACIA 5733 "Additional Certification (if requested)" box.

7.4 Replacement certificate for all commodities other than meat products

Many food commodities have procedures developed for issuing export certificates which address commodity specific requirements and processes. Inspection staff should follow commodity specific procedures providing all conditions for issuing a replacement export certificate outlined in section 6.0 above, have been met. If no commodity specific guidance has been developed, then the procedures in this guidance apply.

For the Digital Service Delivery Platform (DSDP) processes regarding export certificates, inspection staff should reference the guidance found in Export DSDP Process and SOPs (accessible only on the Government of Canada network – RDIMS 10879109). DSDP continues to be developed and commodity processes integrated into the platform. Inspection staff should regularly review DSDP updates for commodity specific additions including export certificate guidance.

For general inquiries related to this Operational Guidance Document, please follow established communication channels, including submitting an electronic Request for Action Form (e-RAF).

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