Doing Business in Canada - CPMA

Updated December 2024

Canadian Produce Marketing Association Association canadienne de la distribution de fruits et légumes 162, promenade Cleopatra Drive, Ottawa, Ontario K2G 5X2 Canada (+1) 613-226-4187 Fax/Téléc.: (+1) 613-226-2984 cpma.ca

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Doing Business in Canada

Part 1: Importing, Non-Resident Importers and Exporting to Canada

Trade of fresh fruits and vegetables between Canada and its international partners is a multi billion-dollar business. Canadian consumers have access to a staggering variety of fresh and nutritious produce year- round. Given Canada’s climactic challenges, the supply of produce must be subsidized by a reliable, efficient and cost-effective import system. When the seasons do permit growing of Canadian produce, the supply chain efficiencies utilized by the industry result in a bounty of product which drives robust domestic and export markets. Long standing and new regulatory requirements in Canada, the US, and globally require that all participants along the supply chain understand the various regulations they may have to navigate. Understanding these requirements is critical to ensuring the efficient flow of fresh produce. Shipments which do not meet the regulatory requirements are more likely to be held, inspected and possibly rejected when crossing through international border ports-of-entry. Although not explicitly covered in this document, it is also important that any business-to- business agreements are well understood by both the buyer and seller. Conflicts in these areas can lead to disputes which must be negotiated by independent organizations (i.e. the Fruit and Vegetable Dispute Resolution Corporation or DRC) or by government services such as the Canadian Food Inspection Agency’s (CFIA) Destination Inspection Service (DIS). Part 2: Interprovincial and Intraprovincial Trade Part 1 of Doing Business in Canada covers product which is being imported/exported into Canada. Part 2 will cover trade between provinces (interprovincial) and within a single province (Intraprovincial). The Constitution of Canada (Constitution) provides the legal underpinning of the governance of the country, including the rights and responsibilities of the federal, provincial and territorial governments. Under the Constitution, the federal government has jurisdiction for both international and interprovincial trade, including fresh fruit and vegetables (FF&V). As such, all federal laws and regulations associated with trade in FF&V are applicable for interprovincial trade. An example under the Safe Food for Canadians Regulations (SFCR) is the requirement for a license, with some exceptions, for companies who trade in FF&V across provincial borders. These transactions are considered to be importing or exporting activities, depending on which end of

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the transaction an organization operates. Unlike previous regulations, the SFCR categorizes businesses based on the activities they perform, rather than the categories they trade in.

Intraprovincial trade, with some exceptions (such as labelling), is the purview of the provincial governments; in some cases, responsibility is also passed to the municipal level. The way in which laws and their associated regulations are enforced is codified within the acts themselves. For example, health care can be a split responsibility between a provincial health agency and the municipal health departments. Agriculture is usually controlled at the provincial level, with some outreach to municipalities as required. Municipalities are also able to pass by-laws, which are applicable and enforced only in that jurisdiction. FF&V organizations that trade interprovincially or internationally are required to comply with federal regulations. In some cases, however, there may also be provincial regulations which are applicable. This is particularly true for products sold in Quebec. Intraprovincial organizations may also be impacted if their products are shipped out of province by a customer or other third-party entity. It is important for organizations to understand the supply chains their products are, or may be, moved through so that they can ensure compliance with the correct regulatory regimes. Disclaimer: The information contained within this document should be considered as a primer. We recommend all members utilize the information available through government resources and that they check the applicable regulations occasionally to ensure ongoing compliance. CPMA actively engages with government on all regulatory changes affecting the industry and we are always available to support members with respect to the relevant regulations.

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Table of Contents

Doing Business in Canada ............................................................................................................. 2

Part 1: Importing, Non-Resident Importers and Exporting to Canada ...................................... 6

Section 1 Importing ......................................................................................................................... 6

1.1.1 Importing Overview ................................................................................................................ 6

1.1.2 Importers and Non-Resident Importers ............................................................................... 6

1.1.3 Exporting to Canada (International Suppliers) ................................................................... 9

Section 2 Safe Food for Canadians and Dispute Resolution Corporation ............................... 9

1.2.1 Safe Food for Canadians (SFC) Licensing .......................................................................... 9

1.2.2 The Fruit and Vegetable Dispute Resolution Corporation (DRC) Membership ............ 10

Section 3 Produce Specific Programs and Regulations........................................................... 11

1.3.1 Plant Health Import Requirements ..................................................................................... 11

1.3.2 National Chemical Residue Monitoring Program (NCRMP) ............................................ 11

1.3.3 Grade Standards................................................................................................................... 12

1.3.4 Labelling Requirements....................................................................................................... 13

1.3.5 Do your products meet Organic Standards and Regulations?....................................... 14

1.3.6 Is there a Test Market for a new product? ......................................................................... 15

1.3.7 Standard Containers for Prepackaged Produce ............................................................... 15

Section 4 Product Coding (UPCs, GTINs and PLUs)................................................................. 16

1.4.1 Coding for your Products (UPCs, GTINs and PLUs) ........................................................ 16

Section 5 Canadian Government Import Systems and Contacts ............................................ 17

1.5.1 Where can I find Harmonized System (HS) Codes? ......................................................... 17

1.5.2 The Automated Import Reference System (AIRS) ............................................................ 17

1.5.3 National and Regional CFIA Offices and Import Services Centers ................................ 18

Section 6 Business Essentials ..................................................................................................... 18

1.6.1 Do you need a Broker? ........................................................................................................ 18

1.6.2 Registering your Business .................................................................................................. 19

1.6.3 CBSA Importer Programs .................................................................................................... 19

1.6.4 Canada Border Services Agency (CBSA) Forms.............................................................. 20

1.6.5 eManifest ............................................................................................................................... 20

1.6.6 CBSA Assessment and Revenue Management (CARM).................................................. 21

1.6.7 Examinations......................................................................................................................... 21

1.6.8 Transportation – Regulatory Guidelines for Trucking ..................................................... 22

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1.6.9 Good Importing Practices for Food.................................................................................... 22

1.6.10 North American Fresh Produce Transportation Best Practices ................................... 23

1.6.11 Damaged Loads and Arbitration....................................................................................... 23

Part 2: Interprovincial and Intraprovincial .................................................................................. 25

Section 1 Interprovincial and Intraprovincial ............................................................................. 25

2.1.1 Licensing ............................................................................................................................... 25

2.1.2 Grade Standards................................................................................................................... 25

2.1.3 Standard Containers ............................................................................................................ 25

2.1.4 Organic Regulations............................................................................................................. 25

2.1.5 Labelling Requirements....................................................................................................... 25

2.1.6 Confirmation of Sale............................................................................................................. 26

2.1.7 Health and Safety.................................................................................................................. 26

2.1.8 Exemptions and Regulatory Requirements ...................................................................... 26

2.1.9 Transportation ...................................................................................................................... 27

2.1.10 Damaged Loads and Arbitration....................................................................................... 27

2.1.11 Arbitration Mechanisms..................................................................................................... 28

Appendix 1: ..................................................................................................................................... 29

List of acts, regulations, government and business resources .............................................. 29

Appendix 2: ..................................................................................................................................... 32

List of provincial government and industry resources............................................................. 32

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Part 1: Importing, Non-Resident Importers and Exporting to Canada

Section 1 Importing

1.1.1 Importing Overview The implementation of the Safe Food for Canadians Regulations ( SFCR ) has clarified the roles and responsibilities of companies importing to Canada. These changes effect importers who are based in Canada, as well as Non- Resident Importers (NRI’s) which are now permitted for fresh fruit and vegetables. CFIA and the Canadian Border Services Agency (CBSA) have both developed guidance documentation for the import community. They can be found here:

CFIA - Importing food: A step-by-step guide

CBSA - Importing commercial goods into Canada

There are three types of foreign suppliers you may import food from:

1. A foreign supplier in a country that the CFIA has a recognition arrangement with (currently only the US), where the food being imported is part of this arrangement.

2. A foreign supplier that is part of an internationally recognized third-party certification program (i.e. CanadaGAP, GlobalGAP, Primus, etc.) where the food to be imported is subject to this program. It is important to ensure the third-party program addresses all the food safety issues required as per the SFCR . It must also be noted that there may be other regulatory requirements, such as labelling, which these food safety programs do not cover.

3. A foreign supplier that is not subject to the oversight described above.

Each of these foreign supplier options will have different requirements under the SFCR .

Additionally, your imports must be in compliance with Canada’s Food And Drug Regulations ( FDR ).

1.1.2 Importers and Non-Resident Importers As an importer, you should consider the following three categories related to food imports:

1. Food requirements

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• The food you import is required to meet general food safety requirements such as having been manufactured, prepared, stored, packaged and labelled under sanitary conditions. This requirement is met by meeting the requirements of SFCR section 11 as described in more detail under Step 3. • In addition to the food safety requirements for imported food, you are required to become familiar with any applicable requirements related to standards, grades, net quantity and labelling. More information can be found in the CFIA Industry Labelling Tool and the Food Safety Standards and Guidelines. • In certain cases, the food you are importing may be subject to other regulations. In addition to those in the SFCR , the Food and Drugs Regulations and the Plant Protection Regulations may apply. You are required to become familiar with all legislation that your food may be subject to.

• Certain foods may have specific import requirements that are unique to the commodity. These requirements are described in food specific import requirements.

• In addition to the CFIA, there are other government departments that regulate the import of food. See the Annex A at the end of CFIA’s Importing food to Canada guide for more information.

2. Importer requirements

• Create, implement and maintain a Preventive Control Plan o

See: A guide for preparing a preventive control plan – for importers

• Develop recall and complaints procedures

Obtain a SFC Licence to import

•

• Ensure that the food you import has been prepared under comparable levels of food safety as food prepared in Canada

• Keep traceability records of where you sourced your food from and who you sold it to, following the principle of “one step back and one step forward” traceability in the supply chain

3. Procedure Requirements

• There are procedures that an importer needs to follow to import food into Canada. See: o CFIA - Importing food: A step-by-step guide o CBSA - Importing commercial goods into Canada

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Import Documentation Any commercial document can be used for importation; however, it needs to include all of the required information for customs clearance. Although the Confirmation of Sale (COS) form is no longer mandatory under the SFCR , it is still acceptable for customs clearance and contains all of the required fields for a successful importation. Click on the following link to complete the Confirmation of Sale document: CFIA Forms Catalogue input #3885 for Confirmation of Sale. If you are not using the COS form, be aware that you may need to add additional information to the commercial invoice provided. Commonly this is 1) the US state of origin, if grown in the US, 2) the unit weight in which the produce is sold/purchased, 3) any licenses or certifications you may hold, or commodity specific information as found below. The eManifest Portal is an option developed by the CBSA to allow the trade community to electronically transmit their pre-arrival information online. See Section 1.6.5, eManifest , on page 21 for more information. Does your imported product have Country Specific Requirements? The CFIA’s Automated Import Reference System (AIRS) is available as a reference tool to provide accurate and up to date information on import requirements. By providing the commodity information, the user may determine the requirements for importation of that product. See Section 1.5.2, The Automated Import Reference System , on page 19 for more information. In addition to the AIRS portal, further information on country specific requirements may be found in the resources below: Overview – Importing fresh fruit or vegetables Summary of phytosanitary import requirements for temperate fresh fruit and tree nuts approved for entry into Canada Guatemala – Fresh Raspberries and Blackberries Mexico – Cantaloupes Mexico – Fresh coriander (cilantro) U.S. and California – Leafy Green Vegetables Non-Resident Importers Organizations residing in a country for which Canada has a Food Safety System Recognition Arrangement may be eligible for Non-Resident Importer (NRI) status. Currently Canada has such an Arrangement with the United States. Obtaining NRI status is a completely voluntary decision

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between a business and their customers. It is important to remember, however, that once an organization becomes an NRI, it is subject to all of the applicable requirements under the SFCR , so it is critical to understand the regulations. A good starting point is: Understanding the Safe Food for Canadians Regulations: A handbook for food businesses. 1.1.3 Exporting to Canada (International Suppliers) Organizations wishing to supply the Canadian market who reside in a country other than the United States are required to use an importer with a place of business and employee(s) on Canadian soil. International companies looking to partner with a Canadian importer can search the Safe Food for Canadians License Registry by typing “importer” in the Business information section and clicking the “submit” button. 1.2.1 Safe Food for Canadians (SFC) Licensing Only Canadian importers or qualifying non-resident importers (NRIs) may apply for an SFC import licence. To obtain a licence as an NRI, a business must have a fixed address in a country that CFIA formally recognizes as having a food safety system that provides at least the same level of protection as the SFCR . Businesses from non-recognized countries are not able to apply for an import licence. These businesses can only import their food into Canada through a licensed Canadian importer. Visit CFIA's NRI page for more information. My CFIA, CFIA, and the DRC A Canadian importer must have an account set up in My CFIA and they need to be licensed with the CFIA. They must also be a member in good standing with DRC (see Section 1.2.2). Section 2 Safe Food for Canadians and Dispute Resolution Corporation

Or are you Exempt? The Safe Food for Canadians Regulations contain few exemptions from licensing. General exemptions from the SFCR are:

● 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 Exemption; 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

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● food that is carried on any conveyance (ex. airplane, train) 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 100 kg 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 (i.e. trucking companies)

Utilizing CFIA’s Licensing interactive tool is an excellent first step when looking for license information.

1.2.2 The Fruit and Vegetable Dispute Resolution Corporation (DRC) Membership

DRC is a non-profit, membership-based organization serving the produce trade. As its name would suggest, the bread and butter of what DRC does is dispute resolution. In addition to consultation, mediation, and arbitration, DRC works closely with industry associations and governments on behalf of its members to reform legislation, make federal inspections more accessible, develop best practices, and level the playing field for participants. Transitioning to the SFCR Under the SFCR , a DRC membership is required to trade fresh fruits and vegetables (buy, sell, import, export), unless otherwise excepted. For current members of the DRC, it is business as usual. However, if you are not a member, it is important to determine if you require a membership in order to comply with the Regulations.

For more information on the DRC and related requirements under the SFCR , their contact information can be found here: DRC - Contact Information

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Section 3 Produce Specific Programs and Regulations

1.3.1 Plant Health Import Requirements

All fresh fruit and vegetable imports must comply with the health and safety requirements of the SFCR and the FDR .

Certain fresh produce may be subject to import controls or permits. Applications for permits and other permissions may be submitted online through the My CFIA portal or directly through the CFIA’s Centre of Administration for Permissions using the CFIA/ACIA Form #5256 (see CFIA - Forms Catalogue). ● Learn more information about the permit application process. ● Find out more about what is required to import certain commodities into Canada on the Automated Import Reference System (AIRS).

More resources: ● CFIA Importing plants and plant products: what you need to know ● CFIA Pest Risk Analysis Process

● Preparedness for requesting a Pest Risk Analysis (PRA) ● Systems approach for the production of plant products ● Phytosanitary import requirements for fresh temperate fruits and tree nuts ● CFIA – D-95-26 - Plant protection requirements for soil and related matter and for items contaminated with soil and related matter, excluding plants and plant parts ● Industry Best Practices for Preventing Soil on Imported Produce (Excluding Potatoes)

1.3.2 National Chemical Residue Monitoring Program (NCRMP)

The National Chemical Residue Monitoring Program (NCRMP) provides data to Health Canada and its Agencies for the statistical determination of chemical contamination of foods and the estimation of whether the level of those contaminants poses a potential risk to consumers. They are then able to establish new standards for foods and review the existing standards for their ongoing appropriateness. Monitoring identifies any food producers distributing items in violation of standards in the Canadian marketplace. This allows for directed corrective interventions with such individuals and companies using the tools of the directed and compliance sampling programs.

Click here to learn more.

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Health and Safety Fresh fruit and vegetables (including fresh herbs, fresh cut fruits and vegetables, sprouts) and edible fungi shipped interprovincially must also comply with the health and safety requirements of the SFCR and the FDR . Please contact your CFIA regional office for information on additives, food microbiology, irradiated foods, chemical residues or other food contaminants.

1.3.3 Grade Standards

Do your products need to meet a Grade Standard? Any fresh fruits or vegetables for which grades are prescribed in Canada and that are interprovincially traded or imported from outside Canada must be graded, must meet grade requirements set out in the Canadian Grade Compendium: Volume 2 – Fresh Fruit or Vegetables and must also be labelled with the applicable grade name. The grade names and grade requirements for fresh fruits and vegetables are set out in the Canadian Grade Compendium, Volume 2, Fresh Fruit or Vegetables , while those for imported fresh fruits or vegetables are set out in Canadian Grade Compendium, Volume 9, Import Grade Requirements . If an imported fresh fruit or vegetable meets the requirements of the Canadian Grade Compendium, Volume 2, Fresh Fruit or Vegetables , the import grade name in Volume 9 Import Grade Requirements for that fresh fruit or vegetable must be used on the label. Grades are optional for fresh blueberries, fresh cantaloupes, fresh crabapples, fresh cranberries, fresh field rhubarb and fresh strawberries. However, when these are graded and labelled with the applicable grade name, the grade requirements must be adhered to.

Grades do not apply to: •

Miniature vegetables, except in the case of miniature cucumbers. • Fresh fruits or vegetables that have been minimally processed. This includes, but is not limited to, fresh fruits or vegetables that are peeled, cut, sliced, chopped, cored, shredded, or consists of separated leaves.

Note: It is not permitted to indicate a Canadian grade on a product for which the Compendium does not prescribe a grade standard.

Fresh fruits or vegetables that are imported into Canada from the United States are considered to meet the applicable requirements outlined in the Canadian Grade Compendium, Volume 2, Fresh Fruit or Vegetables if they: • Are graded in the United States, and • Meet the applicable requirements in the Grade Standard Requirements for Fresh Fruits or Vegetables Imported from the United States Learn more information on grade labelling requirements for fresh fruits and vegetables, both domestic and imported, including fresh fruits or vegetables that are packaged or repackaged in Canada after their importation.

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1.3.4 Labelling Requirements

The Food and Drugs Act (FDA), Food and Drug Regulations (FDR), Safe Food for Canadians Act (SFA) and Safe Food for Canadians Regulations (SFCR) collectively govern the labelling and packaging of imported and interprovincially traded fresh fruits and vegetables in Canada. If your product is also sold in Quebec, it may have to meet additional provincial language regulations as per the Charter of the French Language . Do your products meet labelling requirements? CPMA strives to provide guidance to industry to support an enhanced market and to facilitate trade for members, including compliance with government regulations and policy. CPMA is pleased to provide you with the following labelling guides to assist you in these efforts: • USA Canada Labeling Guide – Second Edition - July 2024: For Consumer Prepackaged Items and Cases/Shipping Containers of Fresh Fruits and Vegetables Prepared for Commerce in the U.S.A. and Canada • Traceability Guidance Document for Industry Compliance with the Safe Foods for Canadians Regulations – Version 2.1 • CPMA Labelling Guidance for Cases/Shipping Containers of Fresh Fruits and Vegetables in the Canadian Marketplace • Canadian Labelling checklist CPMA Label Review Service Interpreting these varied regulations can be extremely difficult. Non-compliant labels can adversely affect the marketing of your products or can result in punitive action against your company. CPMA members are entitled to use the Label Review Service free of charge twice per membership year. Additional reviews can be performed at a per label cost of $250 CDN + applicable taxes. CPMA members can access the label review services at the Label Review Service page on CPMA Community. The CFIA Industry Labelling Tool website provides more information on labelling requirements.

Please note: •

The CPMA Label Review Service does not include translation services. Translation of all labels is the responsibility of the label owner. To find a certified translator in Canada, please visit the Canadian Translators, Terminologists, and Interpreters Council. To find a

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certified translator in Quebec, please visit L’Ordre des traducteurs, terminologues et interprètes agréés du Québec (OTTIAQ). • If your business uses a different trading name for a subsidiary, division, etc. other than that of the registered active or associate member of CPMA, the subsidiary, division, etc. requires their own active or associate membership to utilize the Label Review Service for its labels. • The label and package review provided by CPMA is not an approval process as only the Canadian government, through the Canadian Food Inspection Agency (CFIA), has the authority in that matter. 1.3.5 Do your products meet Organic Standards and Regulations? The Canadian General Standards Board and organic sector have developed the Canadian Organic Standards, which outline the approved production processes and permitted substances for organic production and processing in Canada, and which are reviewed every five years. These Standards have also been incorporated by reference in the SFCR . Learn more about the Canada Organic Regime. Part 13 of the SFCR defines the requirements for the certification and marketing of organic products, both imported and domestic, including specific requirements for organic products to be labelled as organic or that bear the Canada Organic Logo. Under Part 13, all products must be certified as organic according to the Canadian Organic Standards, except in the case of imported products from countries with equivalency agreements with Canada, which would therefore need to meet that country’s organic requirements. See more information and a list of equivalency arrangements currently in place with Canada. It is also important to note that, while in general there are no regulatory requirements on PLU stickers on fresh produce in Canada, there are labelling requirements for bulk organic produce. If an organic claim is made on a label accompanying a bulk product, such as on a sticker, then the name of the certification body must also appear on this label. This applies to the use of organic claims and the organic logo on a Price Look-Up (PLU) sticker (SFCR 354, CFIA industry labelling tool). In addition to the requirements above, organic products may also need to meet provincial organic requirements. Please visit the CPMA Organic webpage for links to more information regarding organic regulation in Canadian provinces. Please note that anyone who imports organic products must be able to present a valid organic certificate when requested at any time, including at the time of import. The organic certificate must be issued by a certification body that is accredited by the Canadian Food Inspection Agency (CFIA), or by an accredited certification body recognized under an existing organic equivalency

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agreement between Canada and a foreign country. Learn more about Canada Organic Regime import requirements.

Other Government Department (OGD) extension codes for organic fresh fruits and vegetables have been implemented in the Automated Import Reference System (AIRS) database. These OGD codes differentiate organic products from conventional products. It is the responsibility of the importer to familiarize themselves with these codes and comply with the import requirements. See a list of the OGD extension codes for organic fresh fruits and vegetables.

1.3.6 Is there a Test Market for a new product? Under limited circumstances, foods may be eligible for an exemption from certain regulatory requirements for the purposes of test marketing a product. Please note that a new process has been put into place for test market authorizations. • Learn more about test markets in Canada and the new process for test market authorization. • View a list of the Test Markets issued under the repealed Fresh Fruit and Vegetable Regulations and their status. 1.3.7 Standard Containers for Prepackaged Produce As of July 6, 2022, standard container sizes were removed for some foods as a result of the Food Product Innovation initiative. AIRS will be updated to reflect this change. Industry may consult the Food Product Innovation: summary of changes for a list of foods that are included in this regulatory amendment. Visit the AIRS webpage for more information on which steps to follow while this update is being completed. Under the SFCR , container size requirements apply to fresh fruits or vegetables that are imported into Canada or interprovincially traded, but do not apply to exports to other countries . Remember: it is important to consult with your customer to determine which container size will best suit their needs. Reminder: If importing Apples, Onions or Potatoes Apples, onions and potatoes require an inspection certificate indicating that minimum Canadian import requirements for quality, labelling, and packaging are met.

If you are… • Importing apples, onions and/or potatoes from the United States: USDA inspection certificate FV205 or SC205 is recognized by the CFIA.

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• Importing apples from New Zealand: An inspection certificate prepared by the New Zealand Ministry of Agriculture and Fisheries is recognized by the CFIA.

• Importing apples, onions and/or potatoes from Other Countries: They must be inspected and certified by CFIA upon arrival.

Section 4 Product Coding (UPCs, GTINs and PLUs)

1.4.1 Coding for your Products (UPCs, GTINs and PLUs)

Universal Product Codes (UPCs) UPCs (GTIN 12) are barcodes used on consumer-packaged items sold at retail. UPCs are used to identify fruits and vegetables sold with a fixed weight/count and are typically prepackaged. UPCs have been introduced to supermarkets to facilitate both the checkout process and inventory control and contain either a generic or company-specific prefix. In many cases, produce UPCs used are the generic (03383) UPCs assigned by CPMA in Canada and the former PMA (now IFPA) in the U.S.; however, a gradual shift to company specific UPCs has occurred. Following consultation with industry, the assignment of new generic UPCs ended on December 31, 2019. CPMA members are strongly encouraged to begin transitioning to the use of company specific UPCs. For more information on the benefits of using brand owner-specific UPCs and how to obtain them, please see From Generic U.P.C. to Brand Owner-Specific U.P.C. , developed by CPMA and PMA in collaboration with GS1 US, and United Fresh Produce Association.

Please note that while CPMA and IFPA will no longer issue generic UPCs, this will not impact the use of existing generic UPCs.

Learn more about UPCs

Product Look-Up (PLU) Codes PLU codes are used in retail locations to facilitate the checkout process. PLUs identify bulk and random or variable weight fruits and vegetables (and related items, such as nuts and herbs).

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PLU numbers are printed on a small label that is attached directly to individual fruits and vegetables. They consist of a four- or five-digit number. Four-digit PLUs identify conventionally grown fruits and vegetables, while a 9 is added at the beginning of the PLU to identify the item as organic (ex. the PLU 4011 identifies a conventionally grown banana and the PLU 94011 identifies an organically grown banana). Learn more about PLU codes. PLU codes are assigned to fruits and vegetables following a rigorous review process conducted by the International Federation of Produce Standards (IFPS). Like the industry standardized UPCs, a block of PLU numbers has been reserved for individual use by retailers. Apply for a new PLU code. The full list of existing PLUs, in English and French, is available on the IFPS website. The French translation of the IFPS PLUs was developed by CPMA and the Quebec Produce Marketing Association (QPMA) to meet the needs of their respective memberships.

Learn more about produce coding and identification.

Section 5 Canadian Government Import Systems and Contacts

1.5.1 Where can I find Harmonized System (HS) Codes? Harmonized System Codes, commonly known as HS or the Tariff, is an international standard for classifying traded goods that is maintained by the World Customs Organization (WCO). HS is numeric code of up to 10 digits that identifies what an item is, applicable duty rates and free trade agreements that may be utilized. The first six digits are universal to all WCO members and the last four are set by each country.

Learn more information about Canadian customs tariff and review CBSA’s Guide to tariff classification for Canadian imports.

1.5.2 The Automated Import Reference System (AIRS)

The CFIA’s Automated Import Reference System (AIRS) is available as a reference tool to provide accurate and up-to-date information on import requirements. By providing the commodity information, the user may determine the requirements for importation of that product. The application guides the user through a series of questions about the Harmonized System (HS) Codes (up to the first six digits), origin, destination, end use and miscellaneous qualifiers of the product they wish to import.

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CPMA publishes recent AIRS updates relevant to the fresh produce industry on our website. Please note that, due to the numerous changes to the AIRS database, we encourage users to consult AIRS to view the most recent updates to the CFIA regulated food products and to obtain pertinent information. For those importers/brokers using the AIRS Verification Service (AVS), AVS currently reflects all updated AIRS information.

1.5.3 National and Regional CFIA Offices and Import Services Centers

CFIA operates the National Import Service Centre (NISC) in cooperation with the Canada Border Services Agency (CBSA).

The National Import Service Centre processes import request documentation/data sent by the importing community across Canada. Staff review the information and return the decision electronically to the CBSA, which then relays it to the client or the broker/importer.

The NISC staff handle telephone inquiries regarding import requirements for all commodities regulated by the CFIA and, when necessary, coordinate inspections for import shipments.

National Import Service Centre Hours of Operation: 7:00 a.m. to 03:00 a.m. (Eastern Time) By phone: Monday to Friday, from 7 am to 11 pm EST

By email: Every day, from 7 am to 3 am EST (Weekends and statutory holidays: email only)

Telephone: 1-800-835-4486 or 1-877-493-0468 (Canada or U.S.A.) 1-289-247-4099 (local calls and all other countries) Email: cfia.nisc-csni.acia@inspection.gc.ca Facsimile: 1-905-795-9658

Contact a Regional CFIA Office View the listing of Regional CFIA Offices

Section 6 Business Essentials

1.6.1 Do you need a Broker?

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Importers who do not wish to transact business directly with the CBSA may authorize a customs broker to transact business on their behalf. Please note that the importer is ultimately responsible for the accounting documentation, payment of duties and taxes, and subsequent corrections such as re-determination of classification, origin and valuation. Customs brokers are not government employees and importers must pay a fee for their services. The importer must provide the customs broker with written authorization to act as their agent on behalf of the importer. A customs broker is able to: (a) register for a Business Number; (b) obtain necessary information, certificates, licenses, permits, authorizations, etc., for the release of goods; (See Memorandum D17-1-4) (c) prepare and submit release and accounting transactions; (d) pay applicable duties and taxes to the Receiver General of Canada; (e) respond to any CBSA concerns; (f) request corrections and refunds to accounting documents; and (g) maintain records.

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Importers should also be aware that the implementation of CBSA Assessment Revenue and Management (CARM) has transformed the collection of duties and taxes for goods imported into Canada and will change the ways in which importers will need to delegate authority for a customs broker to act on their behalf. See Section 1.6.6 of this Guide for more information.

1.6.2 Registering your Business

The Business Number (BN) is a numbering system that simplifies and streamlines the way businesses deal with the federal government. It is based on the idea of one business, one number.

If you are importing or exporting, you will need to register for a BN. It will also assist in your compliance with Canada Customs regulations and improve your customer service. Learn more about Business number registration.

1.6.3 CBSA Importer Programs See below for information about CBSA importer programs:

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Commercial Driver Registration Program (CDRP) The Commercial Driver Registration Program (CDRP) makes it easier for commercial freight transporters to pass through customs into Canada from the United States (U.S.). This program offers efficient and effective clearance to low-risk goods and pre-approved importers, carriers and commercial drivers. Customs Self-Assessment (CSA) Program A Canadian program for low-risk, pre-approved importers, carriers and registered drivers that includes a streamlined clearance, accounting and payment process for goods imported into Canada. Partners in Protection Partners in Protection (PIP) is a cooperative program between private industry and the CBSA aimed at enhancing border and trade chain security. It is designed to streamline and make border processes more efficient for low-risk, pre-approved businesses recognized as trusted traders. Single Window Initiative The Single Window Initiative streamlines the sharing of commercial import data between the Government of Canada and the import community. Along with the CBSA, there are nine participating government departments and agencies representing 38 government programs .

Other Services for Importers Other CBSA programs and services designed for importers.

1.6.4 Canada Border Services Agency (CBSA) Forms

Release of Commercial Goods - Electronic Data Interchange (EDI) CBSA requires all goods entering Canada to be declared prior to, or at the time of importation, using the Electronic Data Interchange (EDI). Service providers (such as a Customs Broker) utilize the EDI to submit customs declaration on your behalf to the CBSA and all required government agencies, such as the Canadian Food Inspection Agency (CFIA). For more information: • Memorandum D17-1-4: Release of Commercial Goods (Updated October 21, 2024) • Commercial importing reporting requirements

1.6.5 eManifest

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The eManifest Portal is an option developed by the Canada Border Services Agency (CBSA) to allow the trade community to electronically transmit their pre-arrival information through the Internet. The eManifest Portal was developed primarily for small- to medium-sized businesses to facilitate their compliance and ease the transition from paper reporting to pre-arrival electronic data transmission. The eManifest Portal is available for highway carriers and freight forwarders to transmit pre-arrival data. 1.6.6 CBSA Assessment and Revenue Management (CARM) The Canada Border Services Agency (CBSA) Assessment and Revenue Management (CARM) project is a multi-year initiative that will involve major changes to how importers do their accounting with CBSA. The implementation of the CARM Client Portal constitutes a major shift in how importers and their service providers will manage their accounting activities with CBSA, and places greater onus on importers to be engaged in, have oversight of, these activities. Effective October 21, 2024, the CARM system has become the official system for importers and other trade chain partners (TCPs) to account for their goods and pay applicable duties and taxes owed to the Canada Border Services Agency. Importers and other trade chain partners need to register and adapt their systems and business practices. To prevent potential delays in commercial shipments in the future, industry members should register on the CARM Client Portal. 1.6.7 Examinations CBSA has a mandate to ensure that all goods entering Canada do not pose a risk to the health, safety, and security of Canadians, while facilitating the free-flow of legitimate goods. Highway CBSA processes the reporting and clearing of commercial goods entering into Canada by highway via the primary inspection lines at its highway ports of entry. All commercial highway conveyances entering Canada are required by law to report to the CBSA for this primary processing. Drivers are required to provide all relevant information and documents, report all goods, and answer truthfully any questions asked by a Border Services Officer.

Upon completion of primary processing, the commercial goods will either be authorized to move inland or referred for secondary processing if additional evaluation is required.

Under the Canadian Customs Act, if requested, carriers must present their goods to an officer for examination. As part of this process, carriers must remove, as appropriate, any covering from goods, unload any conveyance or open any part of the conveyance, and unpack any package or container that the officer wishes to examine. All persons reporting goods are responsible for all costs related to unloading and reloading their conveyance.

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The CBSA offload policy applies to commercial highway shipments. Under the CBSA's time standard, goods must be presented for examination within two hours. The Border Wait Time Service Standard for Highway Commercial Primary Processing is set at 45 minutes (7 days a week) with an annual average performance target of 90%. Any complaints in the Commercial Examination process are resolved by the CBSA using Form E95: Complaint Analysis Information Sheet . Complaints that are resultant from the offload process are to be resolved by the private sector. The carrier or importer should contact the port where they believe the damage occurred, obtain the contact information for the offload service provider and then proceed with their claim from there. Marine The CBSA is responsible for the examination of marine containers, but does not control, influence, or charge for the movement of containers to and from the CBSA, and/or offloading and reloading of containers. The CBSA's Marine Container Examination Service Standard states that the CBSA will strive to conduct a marine container examination within 24 hours. The 24 hour period includes the time for the CBSA to perform a physical examination of goods contained within a marine container located at one of the container examination facilities in Prince Rupert, Vancouver, Montréal or Halifax. The time will be calculated from the moment the CBSA begins the examination until the examination is completed and goods are made available for warehouse workers to reload the container. Note: This service standard does not include weekends or holidays, fumigant testing and ventilation procedures, container reloading times and containers that are resultant for contraband.

Learn more about the marine container examination process.

1.6.8 Transportation – Regulatory Guidelines for Trucking

Provincial and territorial regulations govern the operation of the commercial bus and truck industry except for the rules and regulations Transport Canada's Motor Carrier Division sets in support of the safe operation of federally-regulated (extra-provincial) motor carriers and commercial vehicle drivers. The federal government only has authority over extra-provincial truck and bus carriers that carry goods or passengers across a provincial or international boundary.

• Learn more about Transport Canada regulations • Learn more about regulatory guidelines for trucking in Canada

1.6.9 Good Importing Practices for Food Food products require more careful handling than other commodities. Food should not be shipped with dangerous or hazardous goods (chemicals, auto parts, etc.). Food shipments that

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