The Canadian Food Inspection Agency (CFIA) has amended its regulations so that it can fine meat processors for violations of food safety programs such as Hazard Analysis Critical Control Point (HACCP) and non-food safety issues such as labeling and consumer protection.
The new Administrative Monetary Penalties (AMPs) apply to 84 provisions of the Meat Inspection Act (MIA) and the Meat Inspection Regulations (MIR) and will be used when a licensed operator fails to “take timely and effective action on non-compliance.”
For example, companies could be fined if they don’t develop, implement and maintain control programs and procedures as described by HACCP; don’t possess and maintain equipment and material necessary to operate; or don’t develop, implement or maintain a written sanitation program.
The fines can range from $500 to $10,000, depending on the severity of the offense, intent and compliance history.
The AMPs Act 1995 provides authority to issue penalties for violations of a variety of agriculture and food acts such as the Feeds Act, the Fertilizers Act, the Health of Animals Act, the Plant Protection Act and the Meat Inspection Act. The AMPs have been phased in for these acts over the years.
When the Safe Food for Canadians Act is finalized, AMPs will be applied to all food sectors.
CFIA notes that the penalties don’t replace existing inspection and enforcement tools such as issuing written warnings or suspending a processor’s license and closing a plant. Instead, the fines offer the agency another tool to address non-compliance.
In the U.S., food inspectors can issue warning letters or take enforcement actions in the event of a public health hazard, but there is no fine or other penalty structure. The Food Safety Modernization Act (FSMA) provides for administrative detention and mandatory recall authority.