Food and beverages
- Document symbol
- G/LIC/N/3/CAN/22
- Original language
- English
- Published on
- 01/11/2023
Outline of Systems
Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.
The importation into Canada of food for human consumption is subject to licensing under the Safe Food for Canadians Act and Regulations, which are administered by the Canadian Food Inspection Agency. Under the Safe Food for Canadians Regulations, Canadian food businesses that conduct any of the following activities are required to obtain a licence:
• import food
• manufacture, process, treat, preserve, grade, package, or label food to be exported or sent across provincial or territorial borders
• export food that requires an export certificate – even if not preparing the food
• slaughter food animals from which meat products are derived for export or to be sent across provincial or territorial borders
• store and handle a meat product in its imported condition for inspection by the Canadian Food Inspection Agency.
Import licensing under the Safe Food for Canadians Act and Regulations does not apply to:
• food additives
• alcoholic beverages (beverage that contains more than 0.5% absolute ethyl alcohol by volume)
• unprocessed food listed in Schedule 1 of the SFCR if it:
o will be manufactured, processed or treated for use as grain, oil, pulse, sugar or beverage;
o has a label applied or attached to it, or accompanying it, that bears the expression "For Further Preparation Only" or "pour conditionnement ultérieur seulement", and
o is not a consumer prepackaged food.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Under the Safe Food for Canadians Regulations, any imported food must be manufactured, prepared, stored, packaged and labelled under conditions that provide the same level of protection as foods made in Canada. To learn more about the requirements for importing food please visit https://inspection.canada.ca/importing-food-plants-or-animals/food-imports/general- requirements/eng/1526656464895/1526656465161
The provisions of the SFCA and SFCR do not apply to food in the following cases:
- food for personal use, when the food is not intended for commercial use, and
the quantity of food is equal to or under the maximum quantity limits, found in the document "Maximum Quantity Limits for Personal Use" (http://inspection.gc.ca/about-the-cfia/acts-and-regulations/list-of-acts-and-regulations/documents-incorporated-by-reference/personal-use-exemption/eng/1520439688578/1520439689098); and
- the food is imported, exported, sent or conveyed from one province to another by an individual other than in the course of business; or
- the food is imported or exported as part of the personal effects of an immigrant or emigrant
- food that is carried on any conveyance that is intended for the crew or passengers
- food that is intended and used for analysis, evaluation, research, or a trade show provided that the food is part of a shipment that weighs 100kg or less or, in the case of eggs, is part of a shipment of five or fewer cases
- food that is not intended or sold for human consumption
- food that is imported from the United States onto the Akwesasne Reserve by a permanent resident of the Reserve for their use food that is imported in bond (in transit) for use by crew or passengers of a cruise ship or military ship in Canada
- food that is traded between federal penitentiaries
- transporting a food commodity, if that is the sole activity of a person.
Q3. The system applies to goods originating in and coming from which countries?
The licensing system applies to all importers, regardless of the food imported. A person importing food additives, beverages that contain more than 0.5% absolute ethyl alcohol by volume and foods used as a grain, oil, pulse, sugar or beverage (listed in Schedule 1 of the regulations) does not need a licence if those foods meet the requirements stipulated in section 11(2). Other non-quantitative restrictions exist for the import of certain species. For example, the importation of live freshwater mitten crab (genus Eriocheir) or puffer fish (family Tetraodontidae) is not permitted under the Safe Food for Canadians Regulations.
Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?
The licensing system is not intended to restrict the quantity or value of imports. Licensing will help the CFIA to:
• better identify food safety risks in order to target inspections
• communicate important food safety information directly to food businesses
• take enforcement actions, ranging from requiring corrective measures to suspending or cancelling a licence, when regulatory requirements are not met.
Importers must ensure they and the food they import meet all the applicable regulatory requirements.
Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?
The licensing of importers is legislated and regulated under the Safe Food for Canadians Act and Regulations. Licensing is statutorily required (see Safe Food for Canadians Regulations). There is no administrative discretion with respect to the products subject to licensing. Legislative approval would be required in order to abolish elements of the import system described in the Safe Food for Canadians Regulations.
Procedures
Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):
Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?
Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)
Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
Q6.V. What are the minimum and maximum lengths of time for processing applications?
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?
A person must apply for a Safe Food for Canadians (SFC) licence to import in advance of declaring their shipment to the Canada Border Services Agency and the CFIA. The CFIA may issue a licence immediately on application or the CFIA may conduct an assessment prior to issuing the licence to verify that the conditions specified in section 29 of the regulations are met. Goods arriving at a port of entry without an SFC licence will not be permitted entry into Canada.
Q7.b. Can a licence be granted immediately on request?
The CFIA may issue a licence immediately on application or the CFIA may conduct an assessment prior to issuing the licence to verify that the conditions specified in section 29 of the regulations are met.
Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.
There are no limitations regarding the time of year during which an application can be made.
Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Any person, which includes an organization who wishes to import food into Canada for sale or distribution for human consumption, must first obtain an import licence from the CFIA via the MyCFIA application.
The application for a Safe Food for Canadians Licence is submitted solely through the My CFIA portal. The Centre of Administration of the CFIA delivers and coordinates the full range of operational administrative services required for import related permissions; it is a "single window" process.
Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?
Under the Safe Food for Canadians Regulations (SFCR), there are certain conditions that must be met in order for a Safe Food for Canadians (SFC) licence to be issued. The list of conditions for issuance, renewal or amendment of an import licence is found in section 29. As part of these conditions, the CFIA cannot issue a licence to a person who is in default of payment of any fee related to the Safe Food for Canadians Act that is fixed under the Canadian Food Inspection Agency Act. Additionally, a licence cannot be issued where the CFIA is of the opinion that the issuance of a licence would present a risk of injury to human health.
The CFIA may also decide not to issue a SFC licence if, in the five years prior to the date of the licence application, the applicant (or any of their directors or operators) has had a licence suspended or cancelled or has been convicted of an offense under the Safe Food for Canadians Act or the Food and Drugs Act.
The reasons for not issuing a licence are available from CFIA's Centre of Administration.
In the event of a refusal, applicants can appeal the decision by submitting a complaint or appeal through CFIA's complaints and appeals process. More information, including the appeals process, is available on CFIA's Complaints and Appeals webpage.
Eligibility of Importers to Apply for Licence
Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?
Any person or company is eligible to apply for a Safe Food for Canadians Licence. To be issued a licence, importers must have a place of business in Canada or in a country that has been recognized by the CFIA in accordance with section 12 of the Safe Food for Canadians Regulations. To learn more about the limited conditions in which an import licence can be granted to an importer residing in a country other than Canada see the following: https://inspection.canada.ca/importing-food-plants- or-animals/food-imports/nri/eng/1539874432061/1539874432404.
Documentational and Other Requirements for Application for Licence
Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?
To apply for an import licence, the applicant must first create an account and business profile on the My CFIA portal. All information needed is listed on the Before you sign up for My CFIA webpage. Information required includes: business number, legal business name, proof of authority form, office address, mailing address and CFIA billing account number where they have one.
After signing up for the My CFIA account, the applicant can consult the Webpage "What to consider before applying for a Safe Food for Canadians Licence": http://inspection.gc.ca/food/sfcr/general-food-requirements-and-guidance/licensing/obtain-a-licence/eng/1543359915240/1543360663242#step3. Applicants will find all the information and the fees that they have to submit in order to get a licence.
Q11. What documents are required upon actual importation?
The import licence holder must provide information on each import shipment, including their Safe Food for Canadians licence number through the Single Window Integrated Import Declaration (SW IID). The information that must be provided is listed in section 13 of the Safe Food for Canadians Regulations. The information must be provided at the time of or prior to import.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
The fee for a Safe Food for Canadians Licence is CDN$260.61. Depending on the food commodity additional fees related to import may apply. See the CFIA's Fees Notice for more information.
Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.
The licensing fee of CAD$260.61 must be paid in order for a Safe Food for Canadians licence to be issued. There is no other deposit or advance payment required for the issuance of a licence.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
A Safe Food for Canadians Licence is valid for two years from the date of issuance. The period of validity of a licence can only be extended by renewing the licence prior to expiry. Licences are renewed through the My CFIA portal. Licence holders must update their licence information and pay the CDN$260.61 fee to renew their licence.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for the non-utilization of a Safe Food for Canadians licence.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Licences are not transferable between persons or businesses.
Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?
All conditions attached to the issuance of a Safe Food for Canadians licence are specified under section 29 of the Safe Food for Canadians Regulations. Licence applicants must meet all applicable requirements of the SFCR, including, in most cases, putting in place preventive food safety controls and documenting these controls in a written Preventive Control Plan. Import licence holders must also maintain procedures and processes for handling and investigating complaints and recalls.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
Certain products might have additional requirements related to plant protection or animal health under other legislation. Apart from this and the procedures provided for in the Safe Food for Canadians Regulations, including requirements associated with inspections, record keeping and declaration of import shipments, no additional administrative procedures are required.