Regulatory
REGULATORY NEWS FOR WEEK OF JANUARY 27, 2021
Canadian Federal News
As of March 15, 2021, food import transactions will automatically be rejected unless a valid SFC licence is entered in the Integrated Import Declaration (IID). If a transaction is rejected, the SFC licence holder may experience delays and have their related food shipment(s) held at the border until the error is addressed and the import transaction is resubmitted. The information regarding the SFC licence must:
- be declared correctly, without mistakes or typos
- cover the activity of “Importing Food”
- cover the food commodity or commodities you intend to import
Health Canada is planning to remake the Interim Order with minor changes in March 2021 to avoid disruptions to the ongoing exceptional importation of drugs, medical devices, and foods for a special dietary purpose, and to the mandatory reporting of medical device shortages, that would occur upon the expiry of the Interim Order.
In addition, Health Canada is developing measures to normalize the provisions of the Interim Order, which include amendments to the Food and Drug Regulations (FDR) and Medical Device Regulations (MDR) under the Food and Drugs Act. These measures are set to be published as early as Fall 2021.
RDC will develop comments and recommendations after discussions at the upcoming Regulatory Affairs Committee meeting being held on February 9th, 2021. Please contact Dave Saucier if you would like any of your comments and recommendations included [email protected].
The Milton Logistics Hub (the Project), proposed by the Canadian National Railway Company (the Proponent), is expected to reduce overall regional emissions for certain pollutants, including greenhouse gas emissions, by transitioning from trucks to lower-emitting train shipment. The Project will also contribute to a resilient economic recovery from COVID-19 by strengthening Canada’s supply chains, attracting investment, and boosting Canada’s trade potential by addressing bottlenecks in important corridors.
The Standing Committee on Environment and Sustainable Development (ENVI) is scheduled to meet on Wednesday January 27, 2020 at 3:30 pm EST to discuss enforcement of CEPA. The meeting will be televised.
Health Canada’s Food Directorate completed a premarket safety assessment of a food additive submission seeking approval for the use of caramel as a colouring agent in a flavouring preparation used in the manufacture of flavoured cheddar cheese. The caramel is added to the flavouring preparation to improve the visibility of swirls of the flavouring preparation in the finished cheese. The caramel is not intended to impart colour to the entire cheese.
Caramel is already permitted for use in Canada as a colouring agent in various standardized and unstandardized foods.
The results of the premarket assessment support the safety of caramel for its requested use. Consequently, Health Canada has enabled the use of caramel described in the information document below by modifying the List of Permitted Colouring Agents, effective January 22, 2021.
Canadian Provincial News
As an employer, you’re responsible for protecting workers who operate lift trucks or work around them in your workplace. This includes identifying hazards and assessing the risks, and providing workers with the necessary information, training, and supervision to work safely.
The Ministry of Labour, Training and Skills Development (MLTSD) is proposing to amend section 7 of the Industrial Establishments regulation (Regulation 851) under the Occupational Health and Safety Act (OHSA), which requires that a pre-start health and safety review (PSR) be carried out on certain machinery, protective elements, structures and processes in factories before they are put into service for the first time or if modifications are needed.
The Ontario government is expanding the current workplace inspection campaign to further protect workers and customers at essential businesses. Following last week’s big-box store blitz, provincial offences officers will be now be visiting an expanded range of workplaces across Ontario to educate and ticket businesses that are not complying with COVID-19 health and safety requirements.
The Ministry of Labour, Training and Skills Development is proposing to consolidate requirements for workplaces covered by the Occupational Health and Safety Act (OHSA) when reporting fatalities, critical injuries, and other prescribed incidents.
US News
The FDA is proposing to establish additional traceability recordkeeping requirements (beyond what is already required in existing regulations) for persons who manufacture, process, pack, or hold foods the Agency has designated for inclusion on the Food Traceability List. The proposed rule, “Requirements for Additional Traceability Records for Certain Foods” (Food Traceability Proposed Rule) is a key component of the FDA’s New Era of Smarter Food Safety Blueprint and would implement Section 204(d) of the FDA Food Safety Modernization Act (FSMA).
January 19, 2021 – the U.S. Environmental Protection Agency (EPA) delivered on EPA Administrator’s directive to reduce animal testing by finalizing guidance that will allow researchers to forego testing chemicals on animal skin in certain circumstances to determine whether pesticides lead to adverse effects.
International News
Mexico recently published a Decree in its Official Register (Diario Oficial) concerning plans to prohibit genetically modified (GM) corn for human consumption. Article Six of the Decree states regulations should eliminate the GM corn from human food in Mexico before January 31, 2024. Initially, the government will cease granting permits for planting GM corn seeds and will gradually phase-out imports of GM corn grain to Mexico. At this time, it is unclear how the ban might impact the use of GM yellow corn for animal feed.
The two substances are used in products, such as inks or toners and to produce plastics and rubber tyres. They were added to the Candidate List as they are toxic for reproduction and therefore, may adversely affect sexual function and fertility, and cause developmental toxicity in offspring. The two substances are:
- Bis(2-(2-methoxyethoxy)ethyl)ether CAS No. 143-24-8
- Dioctyltin dilaurate, stannane, dioctyl-, bis(coco acyloxy) derivs., and any other stannane, dioctyl-, bis(fatty acyloxy) derivs. wherein C12 is the predominant carbon number of the fatty acyloxy moiety CAS No. none
Other Relevant Information
Safety Share
Buying goods online offers convenience and affords people the opportunity to make purchases from the comfort and safety of their homes during COVID-19. But what you might not know is that there can be a downside to buying certain food, plants, animals or associated products online. Bringing these products into the country or across provincial boundaries via e-commerce purchases, especially from unknown suppliers, can pose a serious risk to Canadians and Canada’s resources and economy if they do not meet Canadian requirements.
- Develop a COVID-19 safety plan if you haven’t already done so, and follow it. “The process is straightforward: just follow a safety plan guide and template developed by the Ministry of Labour, Training and Skills Development.” WSPS offers sample sector-specific safety plans to help you populate your plan.
- Assign an employee to serve as a pandemic compliance officer responsible for determining what’s required now, actively tracking changes, and ensuring your workplace exceeds its obligations. Monitor provincial and local news sources, and bookmark the website of your local public health unit so that your compliance officer can check regularly for new orders.
- Communicate changes in legal requirements and workplace controls to employees, and reinforce everyone’s responsibilities under the Internal Responsibility System.
- Look for gaps in your planning, especially as rules evolve, with this operational planning tool.
- Follow the enforcement activities of provincial and local police, bylaw officers and workplace inspectors. The focus of these activities may indicate possible opportunities for improvement in your workplace. Expect the focus to shift as priorities change.
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