ARCHIVED - Program, Legislative and Regulatory Modernization

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CFIA Transformation

  • Why are we doing this?
    • Globalization and industry consolidation
    • Shifting consumer landscape – aging population and increasing expectations
    • Evolving production and processing technologies
    • Emerging pathogens and diseases
    • Increased knowledge of risk and systems-based approaches
    • Advances in science and technology
    • Modernization initiatives of trading partners

What is CFIA Transformation?

  • A comprehensive agenda to strengthen our legislative foundation, regulatory programs and inspection delivery
  • CFIA's transformation agenda is focussed on the four inter-connected pillars of the Safe Food for Canadians Action Plan:
    • stronger safety rules;
    • more effective inspection;
    • commitment to service; and
    • more information for consumers
  • Transformation efforts started with food, with plant and animal following

Proposed Safe Food for Canadians Regulations

Would make food regulation simpler, consolidated, outcome-based

Image - Proposed Safe Food for Canadians Regulations. Description follows.
Description of Image – Proposed Safe Food for Canadians Regulations

The image consist of five separate square blue text boxes in a column with descriptive text for each contained in 5 separate gray rectangle text boxes to the right of each blue box.

1st square blue text box reads: Licensing Requirements

The corresponding gray rectangle text box to the right contains the following bulleted text:

  • Would be required if importing, preparing for export or for inter-provincial trade, with some exceptions
  • Would enable identification, allow better targeted outreach, assist in managing emergencies

2nd square blue text box immediately below the 1st blue box reads: Common Food Safety Requirements

The corresponding gray rectangle text box to the right contains the following bulleted text:

  • Would establish baseline food safety requirements that reflect CODEX and apply to all food traded inter-provincially and internationally, improving food safety
  • Traceability – one step forward and back would ensure better preparation for recalls
  • Prescription would be removed where possible

3rd square blue text box immediately below the 2nd blue box reads: Preventive Control Plans (PCPs)

The corresponding gray rectangle text box to the right contains the following bulleted text:

  • Written PCPs would be required – covering safety, labelling, trade requirements
  • Very small companies would be exempt from written plan requirement
  • Risks identified, documented, controlled, monitored and problems corrected
  • Would require active management of food risks

4th square blue text box immediately below the 3rd blue box reads: Commodity-Specific Requirements

The corresponding gray rectangle text box to the right contains the following bulleted text:

  • Maintained for certain safety requirements, grades, standards of identity, container sizes, country of origin and labelling
  • Fruit and vegetable dealers to be members of a non-governmental organization to facilitate trade

Proposed Coming into Force

Proposed coming into force strategy provides time for transition
Registered Fresh Fruit and Vegetable Non-Registered
License 2015 (June) 2015 (June) 2016 (June)
PCP 2015 (June) 2016 (June) 2017 (June)
Minimal changes proposed for industry given existing requirements Time to establish substantive food safety provisions; FDA applies Licensing first enables compliance promotion; FDA applies

Consultation on initial draft of core regulations ends August 29; full regulation available for comment in Canada Gazette, Part I, late fall 2014; Canada Gazette, Part II final publication June 2015.

Proposed Policy Suite

Click on image for larger view
Image - Proposed Policy Suite. Description follows.

Description of Image – Proposed Policy Suite

The image is composed of 4 quadrants it serves to outline policies that are completed, under development or under consultation which are complementary to the proposed SFCR.

The bottom right of the slide contains a KEY with 3 separate text boxes:

  • Text box 1 is labelled: Policies that are complete. It is framed in a solid line.
  • Text box 2 is labelled: Policies under development. It is framed in a dashed line.
  • Text box 3 is labelled: Policies currently being consulted on. It is framed in a solid RED.

Quadrant 1: runs horizontally across the length of the slide: It is entitled (in italics) Foundational Policies

Within this quadrant are six yellow text boxes:

  • Text box 1 is entitled Outcome Based Regulations. The text box is framed solid line.

To the right of text box 1 is text box 2

  • Text box 2 is entitled Incorporation by Reference. The text box is framed in solid RED.
  • Text box 3 is entitled Statement of Regulatory Excellence. The text box is framed in a dashed line.

The second row of quadrant 1 consists of 3 yellow text boxes

  • Text box 4 is entitled Integrated Risk Management Policy Program Framework for Risk Analysis. The text box is framed in solid Red

To the right of text box 4 is text box 5

  • Text box 5 is entitled Regulatory Interpretation Policy. The text box is framed in a dashed line. To the right of text box 5 is text box 6
  • Text box 6 is entitled Statement of Rights and Services. The text box is framed in a solid line Quadrants 2, 3, 4 run vertically into Quadrant 1

Quadrant 2: Is entitled Program Design Policies (Policies on why and how something is regulated)
Within the quadrant there are three separate blue text boxes

  • Text box 1 is entitled: Domestic Program Design Policy. The text box is framed in a dashed line.
  • Text box 2 is entitled: Import Program Design Policy. The text box is framed in a solid line.
  • Text box 3 is entitled: Export Program Design Policy. The text box is framed in a dashed line.

To the right of quadrant 2 is Quadrant 3

Quadrant 3: Is entitled Regulatory Tool Policies (Policies on when and how regulatory tools are used)
Within the quadrant there are six separate pink text boxes

  • Text box 1 is entitled: Licensing and Registration Policy. The text box is framed in a dashed line.
  • Text box 2 is entitled: Sampling and Testing Policy. The text box is framed in a solid line.
  • Text box 3 is entitled: Compliance Control and Enforcement Policy. The text box is framed in a solid red line.
  • Text box 4 is entitled: Administrative Monetary Penalties Policy. The text box is framed in a dashed line.
  • Text box 5 is entitled: Foreign Systems Recognition. The text box is framed in solid red line.
  • Text box 6 is entitled: Compensation Policy. The text box is framed in a dashed line.

To the right of quadrant 3 is Quadrant 4

Quadrant 4: Is entitled Program Delivery Policies (Policies on how programs are delivered)
Within the quadrant there are five separate green text boxes

  • Text box 1 is entitled: Cost Recovery Policy. The text box is framed in a solid line.
  • Text box 2 is entitled: Alternative Service Delivery Policy. The text box is framed in a solid red line.
  • Text box 3 is entitled: Consultation Policy. The text box is framed in a solid line.
  • Text box 4 is entitled: Transparency Policy. The text box is framed in a solid line.
  • Text box 5 is entitled: Private Certification. The text box is framed in solid red line.

Draft Food Program Framework

  • Describes how food control system works in Canada
  • Provides an overarching framework for management of the integrated food program that:
    • Describes roles and responsibilities of federal and provincial government organizations in food safety
    • Articulates clear direction through a foundational policy suite
    • Provides plain language guidance documents and model systems
    • Facilitates a compliance promotion strategy
    • Directs resources to areas of highest risk across all food commodities through an integrated risk-based oversight model
    • Implements a predicable and transparent regulatory response when necessary
    • Supports market access in international trade
    • Utilizes a continuous review mechanism to assess effectiveness

Guidance Documents and Model Systems

  • CFIA's over 250 food manuals will be replaced to align with new legislative authorities to:
    • Provide sufficient information for industry to understand their obligations
    • Include models systems (non-binding guidance) to assist industry to comply
    • Provide basis on which Operations Branch develops verification procedures/tasks
    • Use a standardized format and "plain language"; and
    • Clearly link to regulatory provisions
  • First draft of guidance for core regulatory requirements released for comment. CFIA to work with small businesses over the fall on model systems to support compliance and understanding.

Compliance Promotion

Click on image for larger view
Image - Compliance Promotion. Description follows.

Description of Image – Compliance Promotion

The image illustrates how the different elements of the Compliance Promotion Strategy fit together. The image is composed of a horizontal and rectangular base with three concentric semicircles above it. There is a curved arrow underneath the rectangular base, which begins at the right hand corner and extends to the left corner in a clockwise direction. There is a curved down arrow (mirror image to the other arrow), which curves around and above the three concentric semicircles, beginning at the left and moving in a clockwise direction.

The rectangular base lists the six principles of the strategy, from left to right:

  1. Risk-based
  2. Accessible
  3. Transparent
  4. Credible
  5. Preventive
  6. Accountable

The semicircle, which is centered on top of the rectangular base, describes the objective of the strategy: "To encourage and facilitate compliance by clearly communicating legislative and regulatory requirements to regulated parties, collaborating on tools and training, and providing greater transparency around compliance outcomes."

Above and around the semicircle, are three block arcs, which each describe a pillar of the strategy. These block arcs are positioned above the semicircle and read as follows (starting at the left, going clockwise):

  1. Education/Outreach
  2. Collaboration on Tools and Training
  3. Partnership in Compliance Monitoring

Four rounded rectangles are layered above the block arcs and are positioned in the shape of a semicircle. The rectangles represent the four major groups of players in compliance promotion. Each of the rectangles is attached to the other by a straight line at the midpoint of each of the shorter sides. The straight line extends down to the rectangular base on either side of the semicircle arc. The rectangles read as follows (starting at the left, going clockwise):

  1. Industry and Industry Associations
  2. Academia and Non-Profit Organizations
  3. Governments
  4. Consumers

Education and outreach is one of the most fundamental and important roles of compliance promotion - to clearly communicate and share up-to-date information in plain language, where feasible. Activities under this pillar (see Annex B for complete list) include initiatives to strengthen internal rigour around producing plain language information and making it accessible and up-to-date.

The second pillar, Collaboration on Tools and Training, recognizes that information materials and outreach alone may not suffice, particularly for newly licensed SMEs. Interactive tools or third party assistance may be required to facilitate regulated parties' understanding of their obligations.

The third pillar, Partnership in Compliance Monitoring, lays the foundation for the CFIA to monitor compliance outcomes and develop a risk-based approach to compliance promotion. Supporting initiatives under this pillar provide a feedback loop to ensure that any gaps flagged by poor compliance results can be addressed by engaging stakeholders and developing meaningful and targeted sector strategies (e.g., modifying/revising information products).

Underpinning the strategy are six principles (see Annex A) which are intended to guide CFIA efforts in compliance promotion. These principles apply to all of the pillars and reflect the underlying CFIA commitment to enable regulated parties' understanding of their regulatory requirements, and to do so in a proactive and transparent manner

Approach to Risk… Risk Analysis Framework

  • Risk assessment focuses on public health risks
  • Risk management function considers risk assessment and other factors to arrive at most appropriate action/decision
  • Control and enforcement actions will be commensurate with the risk presented by non-compliance
Image - Risk Analysis Framework. Description follows.
Description of Image – Risk Analysis Framework

The image illustrates the Risk Analysis Framework. The image is composed of a large circle which represents Risk Communications containing a Venn diagram (two overlapping circles within the larger circle).

Risk Communications is explained as: Exchange of information about risk between assessors, risk managers, and industry.

The two smaller circles of the Venn diagram read Risk assessment and Risk management. They are completely contained within the larger Risk Communications circle. Risk Assessment is explained as: Hazard identification, Exposure assessment. Risk Management is explained as: Integration of risk characterization with other considerations, e.g. economic impacts, consumer impacts, private certification, government priorities, system integrity.

Proposed Systems Performance

  • Continuous review would be used to monitor and evaluate overall effectiveness of food inspection system and framework
  • Would establish key desired outcomes for system as a whole (e.g. reduction in foodborne illness outbreaks) and measure performance
  • Results would be used to adapt, improve, and become more effective at managing risks to human health

Feedback

  • By email: CFIA-Modernisation-ACIA@inspection.gc.ca
  • By mail:

    Strategic Partnerships Division
    1400 Merivale Road, Tower 1
    Floor 6, Suite 218
    Ottawa, ON K1A 0Y9
    Canada
    Attn: Linda Webster

  • By fax: 613-773-5606
  • To stay connected with the CFIA, sign up to our Listserv
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