Written By Julia Schatz, Jessica Horwitz and Claire Lingley

The Minister of Agriculture and Agri-Food and the Minister of Health recently announced the launch of a five-year review (Review) of the Safe Food for Canadians Act (SFCA) and the Safe Food for Canadians Regulations (SFCR), which came fully into force on January 15, 2019. The SFCA covers a broad range of aspects relating to food and beverage safety, including grade standards, labeling and advertising, import/export and inter-provincial trade, inspection and licencing requirements for specific activities. The Review is mandated under Section 68 of the SFCA and will examine the provisions and past five years of operation of the SFCA and SFCR to determine if the legislative framework meets its objectives and if not, to assess what improvements or changes may be required.

The stated objectives of the SFCA and the SFCR include:

• improving food safety and consumer protection oversight;
• having effective, streamlined and strengthened legislative authorities across food commodities; and
• enhancing market access opportunities for the Canadian food industry.

The online consultation period, which closes on May 27, 2024, invites a variety of stakeholders, including industry and industry associations, distributors and retailers, importers, academia and experts to provide feedback to the Canadian Food Inspection Agency (CFIA) on what gaps or issues exist related to the SFCA or any of its authorities. It is not seeking input regarding proposed amendments. The results of the consultation will form the basis of a “What We Heard” report that is expected to be tabled in Parliament in 2025.

Questions posed to stakeholders include, among others:

• Whether there are any challenges with consumer protection requirements established by the SFCA?
• Has the SFCA encouraged a more level playing field for imported and domestic food?
• Has the SFCA's outcome-based approach allowed for industry innovation and flexibility, or has it posed any challenges?
• Are any improvements to the administration and enforcement of the SFCA required?
• Has the SFCA enabled the CFIA to be more effective and efficient with regard to recalls and investigations for food safety?
• Are there any persistent or new challenges associated with improving market access since the coming into force of the SFCA and SFCR?

A full list of questions can be found at this Canadian Government website. Those who are interested in participating can submit their concerns or comments to: cfia.labellingconsultation-etiquetage.acia@inspection.gc.ca.  For an overview of the SFCA and the SFCR itself, please see our previously published blog post, The Safe Food for Canadians Act: What AgriFood and Beverage Businesses Need to Know.

The Bennett Jones Agribusiness, Food and Beverage group has extensive experience in food and agribusiness regulation and would be happy to discuss your legal needs with you.