Canadian and U.S. Regulatory Modernization

Canadian Initiatives:

CFIA Regulatory Modernization Initiatives 2015
In 2012, the Safe Food for Canadians Act was passed, and development of new food regulations to support the Act began. CPMA has been very active since 2013, in its participation in providing feedback to Canadian Food Inspection Agency (CFIA) on its previously released discussion documents related to the development of these new regulations. CPMA has attended face-to-face and web-based consultations and with its supporting committees reviewed and submitted formal comments to the numerous consultations released. (Links to past consultations and CPMA comments provided below)

In April 2015, the CFIA released for public consultation draft (preliminary) text for the complete set of the Safe Food for Canadians Regulations and a discussion paper and on line survey regarding options for reducing regulatory burden on micro and small businesses. (Links to consultations provided below)

In May 2015, as part of its second phase of consultation for its Food Labelling Modernization Initiative CFIA announce a consultation to acquire feedback on options to change food labels and the food labelling system.

CPMA is participating in the aforementioned consultations and with its supporting committees is submitting comments to CFIA. Please see links below to these consultations and CPMA comments.

Health Canada Regulatory Initiatives
In 2014, Health Canada began consultations with Canadian consumers on ways to improve nutrition information on food labels. Consultations on Nutrition labelling were conducted with stakeholders and CPMA provided feedback. Links to 2014 consultations and CPMA comments provided below.

On June 13, 2015, Health Canada published the Proposed Regulations Amending the Food and Drug Regulations – Nutrition Labelling, Other Labelling Provisions and Food Colours in Canada Gazette Part I.
Of particular interest to the fresh fruit and vegetable industry are proposals to amend the regulations to permit the claim, "A healthy diet rich in a variety of vegetables and fruits may help reduce the risk of heart disease" and to permit the above claim and other approved health and nutrient content claims to be made for eligible for use on prepackaged fresh fruits or vegetables without a requirement for a nutrition facts table. (For more information about this consultation please refer to the June 16th CPMA Member Bulletin)

Comments to this consultation are due August 26, 2015. CPMA will work with our Regulatory Modernization Working Group to prepare comments for submission to the regulatory changes proposed in Canada Gazette Part I. These comments will include strong support for the above mentioned changes and will be shared with members when completed.

CFIA 2015 Consultations Health Canada 2015 Consultation
Information on previous CFIA and Health Canada consultations
Background:  The Government of Canada tabled the Safe Food for Canadians Act (SFCA) on June 7, 2012. On November 22, 2012, it received Royal Assent. The new SFCA consolidates authorities of multiple food statutes into one Act, with consistent and modern language.

In 2013 and 2014, the Canadian Food Inspection Agency (CFIA) undertook consultations to gather feedback on the proposed regulatory framework that is being developed to support the SFCA. CPMA participated in the consultations and submitted comments to CFIA.

Links to the 2014 consultations and comments CPMA submitted to Health Canada can be found below.

CFIA 2013 Consultations and CPMA Comments Submitted: 
Food Labelling Modernization: Compliance Promotion: Regulatory Framework for Federal Food Inspection: Outcome-based Regulatory Modernization: CFIA 2014 Consultations and CPMA Comments Submitted: 
New Regulatory Framework for Federal Food Inspection: Overview of Proposed Regulations
: Use of Private Certification to Inform Regulatory Risk-Based Oversight: Incorporation by Reference: Foreign Food Safety Systems Recognition: Proposed Framework: Food Program Framework: Draft Compliance Promotion Strategy 
Draft Compliance, Control and Enforcement Framework
Enhancing Risk Analysis: A more systematic and consistent approach
CFIA Guidance Documents: Supporting Compliance with the Proposed Safe Food for Canadians Regulations Health Canada 2014 Consultations on Nutrition Labelling and CPMA Comments Submitted

Health Canada’s Proposed Revisions to Reference Amounts in Schedule M of the Food and Drug Regulations - Updating reference amounts to support proposed new serving size guidelines

Health Canada’s Proposed Changes to the Daily Values (DVs) for Use in Nutrition Labelling

Health Canada’s Proposed Changes to the Core Nutrients Declared in the Canadian Nutrition Facts Table

Health Canada’s Proposed Changes to the Format Requirements for the Display of Nutrition and Other Information on Food Labels

Resources for more information on Canadian Regulatory Modernization Initiatives:

 

U.S. Initiatives:

The FDA Food Safety Modernization Act (FSMA), signed into law by President Obama on Jan. 4, 2011 to enable U.S. Food and Drug Administration (FDA) to better protect public health by strengthening the food safety system, with a focus more on preventing food safety problems rather than primarily reacting to problems after they occur. The law also provides FDA with new enforcement authorities designed to achieve higher rates of compliance with prevention- and risk-based food safety standards and to better respond to and contain problems when they do occur. The law also gives FDA important new tools to hold imported foods to the same standards as domestic foods and directs FDA to build an integrated national food safety system in partnership with state and local authorities.

In 2013, the FDA issued proposed regulations, which were open for public comment. Links to comments CPMA submitted to FDA can be found below

On September 19, 2014 the FDA released significant updates to four proposed rules under the Food Safety Modernization Act.

Key changes include:
  • Produce Safety: updates to water-quality and testing requirements, as well as to provisions on manure use.
  • Preventive Controls for Human Food: updates to proposed requirements for product testing, environmental monitoring and supplier controls; as well as changes to requirements for farms that pack or hold food from other farms.
  • Preventive Controls for Animal Food: updates to proposed requirements for product testing, environmental monitoring and supplier controls; as well as changes to requirements for human food facilities providing a by-product to animal food.
  • Foreign Supplier Verification Programs: updates to propose a more comprehensive evaluation of food and supplier risks, and a more flexible approach to determining supplier verification activities.

The official publication in the Federal Register of the four supplementary proposals for the FSMA draft rules is scheduled forSeptember 29, 2014 and FDA will be accepting comments for 75 days after the publication date.

Link to the FDA Food Safety Modernization Act (FSMA) webpage: 
http://www.fda.gov/Food/GuidanceRegulation/FSMA/default.htm

CPMA submitted the following comments to FDA on the 2013 proposed regulations:

Resources available for information on the above U.S. food safety modernization initiatives:

U.S. FDA Resources: Industry resources: