Food Process

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WHAT ARE

PLRS?
• Distinguish between a policy, a law
and a regulation.
• Explain the factors affecting a policy
• Briefly explain the Food Policy for
Canada (2019)

LEARNING • Identify the key incidents that


OUTCOMES shaped food safety laws and
regulations in Canada.
• Explain the process of making a
laws and regulations in Canada.
• Identify the purposes of different
types of government publications.
• “Set of decisions which are
oriented towards a long-term
purpose or to a particular problem
“(FAO, 1987)

• “a high-level overall plan


embracing the general goals and
POLICY acceptable procedures especially of
a governmental body “ (Merriam-
Webster’s 2012)

• Principles that guide an


organization’s decisions
• Vision: “All people in Canada are able to access a sufficient amount of
safe, nutritious, and culturally diverse food. Canada’s food system is
resilient and innovative, sustains our environment and supports our
economy. “
• Priority outcomes :
• Vibrant communities: Improved community capacity and
CANADA’S resilience to food-related challenges
• Increased connections within food systems: Increased
FOOD governance spaces and partnerships that connect multiple

POLICY sectors and actors across the food system


• Improved food-related health outcomes: Improved health
(2019) status of Canadians related to food consumption and reduced
burden of dietrelated disease, particularly among groups at
FOOD POLI higher risk of food insecurity.

CY FOR CA • Strong Indigenous food systems: To be co-developed in


partnership with Indigenous communities and organizations.
NADA • Sustainable food practices: Improvements in the state of the
Canadian environment through the use of practices along the
food value chain that reduce environmental impact and that
improve the climate resilience of the Canadian food system.
• Inclusive economic growth: Improved access to opportunities
in the agriculture and food sector for all Canadians within a
diversified, economically viable, and sustainable food system.
• Help Canadian communities access healthy
food
• Local food infrastructure
• Tackling food fraud
• National school food program

FOOD • Make Canadian food the top choice at home


and abroad.
POLICY FOR
• Buy Canadian promotion campaign
CANADA:
• Support food security in Northern and
ACTIONABL indigenous communities
E ITEMS • North isolated community initiatives
(2019-2024)
• Reduce food waste
• Reducing food waste can combat
greenhouse gases, help the bottom line,
and reduce the grocery bills
Food Policy for Canada
• Inclusion and diversity
• Reconciliation

PRINCIPLE • Collaboration
S • Innovation
• Sustainability
• Evidence and accountability
TARGETS (EXAMPLES)
XYZ TEA FACTORY
• We will make sure to provide our customers
hygienically safe black tea and added value in
FOOD their teacup.
• We will ensure to provide pure orthodox black
SAFETY tea made at our factory is free from physical,
POLICY chemical and microbiological hazards which are
STATEMEN conforming to the relevant statutory and
regulatory requirements.
T • We will train and motivate our employees
continuously to upgrade and maintain ISO
22000 FSMS effectively.


WHAT •
FACTORS •
INFLUENCE •
POLICY •
FORMATION

?



• “written laws, often referred to
as Acts or statutes, which are
enacted by Parliament” (Health
Canada, 2012)
• “the exercise of the power and
LEGISLATION: function of making rules (as
laws) that have the force of
authority by virtue of their
promulgation by an official
organ of a state or other
organization” (Merriam-
Webster, 2012)
• 4 (1) No person shall sell an article
of food that
• (a) has in or on it any poisonous or
harmful substance;
EXAMPLE • (b) is unfit for human consumption;
OF A • (c) consists in whole or in part of any

LEGISLATI filthy, putrid, disgusting, rotten,


decomposed or diseased animal or
VE vegetable substance;

STATEMEN • (d) is adulterated; or

T • (e) was manufactured, prepared,


preserved, packaged or stored under
unsanitary conditions.
Source: Food and drugs Act
• Canada Health Act
EXAMPLES OF KEY • Food and Drugs Act
LEGISLATION/LAW
S
• Canadian Food Inspe
ction Agency Act
• Safe Food for Canadi
ans Act
HISTORICAL DEVELOPMENT OF FEDERAL
LEGISLATION IN CANADA GOVERNING FOOD
1875 Inland Revenue Act 1955 ◙ The Meat Inspection Act

1914 ◙ The Fish Inspection Act 1971 ◙ Consumer Packaging & Labelling
Act
1920 * The Food & Drugs Act (1953)
1988 ◙ Canada Agricultural Products Act
1935 Fruit, Vegetables & Honey Act
(repealed 1992) 1997 * Canadian Food Inspection Agency
Act
1940 The Meat & Canned Foods Act (repealed
1985) 1998 * Agriculture & Agri-Food
Administrative Monetary Penalties Act
1951 Canada Dairy Products Act (repealed 1983)
2006 * Public Health Agency (PHAC) Act
1955 Canada Agricultural Products Standards Act
(repealed 1988) 2012*◙ Safe Food for Canadians Act (SFCA)

* Acts in force; ◙ Newly amalgamated into


SFCA, but still in force
• Tylenol recall (1982)
• Jack in the Box E. coli (1993)

HOW DID • Green onions E. coli (2006)


WE GET • Peanut butter Salmonella (2007)
HERE? • Lead paint in toys (2007)
• Listeria meat recall (2008)
• Beef recall- E. coli (2012)
• “a form of law, sometimes
referred to as subordinate
legislation, which define the
application and enforcement of
legislation. Regulations are
REGULATION made under the authority of an
S: Act” (Health Canada, 2012)
• “a rule or order issued by an
executive authority or
regulatory agency of a
government and having the
force of law” (Merriam-
Webster, 2012)
• Regulations

- These define the application and enforcement of legislation. Regulations


are made through or under the authority of an Act and cannot exceed the
authority of the Act. Made by a minister or agency, in the case of the
FDA&R usually by Cabinet, but the minister of Health may also make
food safety regulations called marketing authorizations.
- Define what is meant by terms in the Act and procedures/processes to
be followed or standards to be met to be in compliance with the
Act.
- Referred to as the operational part of a law, they are also described as
delegate or subordinate legislation.
• B.15.001 (1) A food referred to in column 2 of Part 1 of the List of
Contaminants and Other Adulterating Substances in Foods is
adulterated if the corresponding substance referred to, by name or
class, in column 1 is present in or on the food.
• (2) A food referred to in column 2 of Part 2 of the List of Contaminants
and Other Adulterating Substances in Foods is adulterated if the
corresponding substance referred to, by name or class, in column 1 is
present in or on the food in an amount that exceeds the maximum level
set out in column 3.
A • (3) If a substance referred to, by name or class, in column 1 in Part 2
REGULATORY the List of Contaminants and Other Adulterating Substances in
Foods is present in or on the corresponding food referred to in column
STATEMENT 2, the food is, in respect of the presence of the substance, exempt from
(SOURCE: the application of paragraph 4(1)(a) of the Act if the amount of the
substance does not exceed the maximum level set out in column 3.
FDR) • (4) Subsections (1) to (3) do not apply to a substance that is present in
or on a food as
• (a) a food additive;
• (b) a pest control product as defined in subsection 2(1) of the 
Pest Control Products Act or its components or derivatives; or
• (c) a veterinary drug or its metabolites.
• Food and Drugs Act
• Food and Drug Regulations
• Natural Health Products Regulations
EXAMPLES • Safe Food for Canadians Act
OF KEY • Safe Food for Canadians Regulations
REGULATION • Consolidates: Canadian Agricultural Products
S Act, the Fish Inspection Act, the Meat
Inspection Act, and the food provisions of the
Consumer Packaging and Labelling Act.
The king
HOW A BILL BECOMES LAW
IN CANADA –
THE LEGISLATIVE PROCESS

Head of the state: The Monarch (His majesty


King Charles III)
Monarch’s representative: Governor general
(Mary Simon)
Chambers of the parliament:
Senate (105 members, Nominated by the
governor general on the advice of the prime
minister)
House of commons (338 MPs, Elected
Members of parliament)

What about in the US?


HOW ARE REGULATIONS MADE?

• How are the laws and regulations made in Canada


• All food safety related regulations in Canada are made by
Canadian Food Inspection Agency (CFIA)
• Canada Gazette
Official newspaper of the Canadian
Government.
The only official medium for
publication of all legally binding
INTRODUCTION decisions of the Government of
Canada, its various boards,
agencies, commissions and Crown
Corporations.

Canada Gazzette publications


• For changes in regulations within existing Acts the
Canada Gazette must be used.
- Canada Gazette Part I (CG I): published every Saturday
- public notices, appointments, proposed
regulations; contains a Regulatory Impact Analysis
Statement (RIAS). Allows 30- 90 d for comment to
proposing department/ agency ($135/year, but on-line).
- Canada Gazette Part II (CG II): published every 2 nd
Wednesday - Regulations as adopted and RIAS
responding to public comments ($67.50/yr, but free on-
line)

INTRODUCTION - RIAS = explains regulation, the need, cost, benefit and


how it will be applied.

-Canada Gazette Part III

- Published when warranted; $28.50/yr

New Acts passed by Parliament

gazette.gc.ca
QUESTIONS?

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