Processed Products Establishment Inspection Manual
Chapter 3 - Enforcement and Compliance Actions

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3.0 Scope

This Compliance and Enforcement Strategy provides a framework that outlines the principles and actions that will be followed by Canadian Food Inspection Agency (CFIA) inspectors in verifying that registered establishments operate in compliance with the Canada Agricultural Products Act (CAP Act), Processed Products Regulations (PPR), and other applicable legislation. This program specific strategy is consistent with the CFIA's revised Enforcement and Compliance Policy developed and maintained by the Enforcement and Investigation Services (EIS) Division. The CFIA Enforcement and Compliance Policy provides the overarching policy for enforcement and compliance activities across all commodity programs.

Compliance is normally achieved through a co-operative approach between the regulated party and the CFIA in correcting non-conformities through the development of appropriate Corrective Action Plans or other methods. However, when this co-operative approach has ceased, or when the regulated party is incapable of correcting non-conformities, this Compliance and Enforcement Strategy provides CFIA staff with enforcement options that are to be used in responding to infractions of the Canada Agricultural Products Act (CAP Act), the Processed Products Regulations (PPR) and other relevant applicable legislation. This policy also defines discretionary parameters for inspectors and establishes principles for fair and consistent enforcement.

3.1 Authorities

3.2 Responsibility for enforcement actions

CFIA Area Executive Directors are accountable for enforcement actions taken in their respective Areas including refusal, suspension and revocation of certificates of registration. They are also responsible for the approval of all recommendations to prosecute. The Regional Director must also be consulted and informed when significant enforcement actions are being considered. The accountability process for enforcement action is outlined in Chapter 15 of the Enforcement and Compliance Policy.

3.3 General enforcement and compliance principles

The CFIA will encourage compliance with the CAP Act, PPR and other applicable legislation through consultation, education and enforcement. These activities are based on the following guiding principles:

  • Canada's processed fruit and vegetable products must comply with applicable legislation;
  • Application and enforcement of the CAP Act, PPR and other applicable legislation are to be carried out in a fair, consistent and uniform manner in accordance with this strategy and the CFIA's Enforcement and Compliance Policy;
  • CFIA inspectors, who are fully conversant with the CAP Act, PPR and other applicable legislation, will conduct inspections, audits, compliance and enforcement and other regulatory activities;
  • CFIA inspectors will consider the facts and circumstances of non-compliance incidents with objectivity and take appropriate corrective action;
  • CFIA inspectors will take an active role in promoting and monitoring compliance and responding to non-compliance;
  • Education measures used to promote compliance will include the publication of information and consultation with regulated parties. CFIA inspectors administering and enforcing legislation and the regulated parties who must comply with the legislation, need to understand why legislation exists, why compliance is necessary, and how enforcement will be carried out; and
  • CFIA inspectors will be available to explain the requirements of the legislation and maintain open lines of communication to regulated parties and communicate to CFIA management the comments and concerns raised by the regulated parties.

3.4 Inspection Powers and Authorities

The following identifies the appropriate legal authorities that are available to inspectors designated under the Canada Agricultural Products Act, the Food and Drugs Act, the Consumer Packaging and Labelling Act and their Regulations.

Canada Agricultural Products Act

Inspectors may:

  • enter and inspect any place in which the inspector believes on reasonable grounds there is any agricultural product or other thing in respect of which this Act or the Regulations apply;
  • stop any vehicle in which the inspector believes on reasonable grounds there is any agricultural product or other thing in respect of which this Act or the Regulations apply;
  • open any container that the inspector believes on reasonable grounds contains an agricultural product;
  • inspect any agricultural product or other thing and take samples of it free of charge;
  • require any person to produce for inspection or copying, in whole or in part, any record or other document that the inspector believes on reasonable grounds contains any information relevant to the administration of this Act or the Regulations; and
  • seize and detain any agricultural product or other thing which the inspector believes on reasonable grounds is in contravention of the Act or Regulations.

In exercising the above authorities, inspectors may:

  • use or cause to be used any data processing system at the place to examine any data contained in or available to the data processing system;
  • reproduce any record or cause it to be reproduced from the data in the form of a printout or other intelligible output and take the printout or other output for examination or copying; and
  • use or cause to be used any copying equipment at the place to make copies of any record or other document.

Food and Drugs Act and Regulations

Inspectors may:

  • enter any place where the inspector believes on reasonable grounds any food is manufactured, prepared, preserved, packaged or stored;
  • examine any food and take samples thereof, and examine anything that the inspector believes on reasonable grounds is used or capable of being used for that manufacture, preparation, preservation, packaging or storing;
  • enter any conveyance that the inspector believes on reasonable grounds is used to carry any food and examine any food found therein and take samples thereof;
  • open and examine any receptacle or package that the inspector believes on reasonable grounds contains any food;
  • examine and make copies of, or extracts from, any books, documents or other records found in any place referred to in this subsection that the inspector believes on reasonable grounds contain any information relevant to the enforcement of this Act with respect to food; and
  • seize and detain for such time as may be necessary any food by means of or in relation to which the inspector believes on reasonable grounds any provision of this Act or the Regulations has been contravened.

In exercising the above authorities, inspectors may also take photographs of::

  • any food;
  • any place where, on reasonable grounds, the inspector believes any food is manufactured, prepared, preserved, packaged or stored; and
  • anything that, on reasonable grounds, the inspector believes is used or capable of being used for the manufacture, preparation, preservation, packaging or storing of any food.

Consumer Packaging and Labelling Act and Regulations

Inspectors may:

  • enter any premises of a dealer or any other place in which the inspector believes on reasonable grounds there is any prepackaged product that is owned by a dealer;
  • examine any prepackaged product found therein;
  • open and examine any package found therein that he believes on reasonable grounds contains any prepackaged product;
  • examine any documents or papers, including books, reports, records, shipping bills and bills of lading, or any data entered or recorded by any system of mechanical or electronic data processing or by any other information storage device, that he believes on reasonable grounds contain any information relevant to the enforcement of this Act and make copies thereof or extracts therefrom;
  • at the request of the person from whom a product or other thing was seized, allow that person or any person authorized by that person to examine the product or other thing so seized and, where practicable, furnish a sample thereof to such person; and
  • seize and detain any product or any labelling, packaging or advertising material by means of or in relation to which the inspector believes on reasonable grounds the contravention was committed.

When exercising their powers and authorities, inspectors may be requested to produce their certificates of designation and shall produce them upon request. Inspectors may not enter a dwelling-place to conduct an inspection unless a search warrant has been issued or where legislative authority allows them to enter without a warrant under exigent circumstances. Use of the authority to enter under exigent circumstances will only be exercised where there is an immediate threat to the health and safety of the public or environment, or a serious threat or risk of disease to humans, establishments or animals.

3.4.1 Indirect Powers

All reasonable assistance will be provided to an inspector, or any person acting under the authority of the inspector, by the owner or person in charge of a place, including a conveyance, and every person found in the place that is entered by an inspector. In addition, they will also provide the inspector with any information relevant to the administration of any of the CFIA's Acts.

3.4.2 Direct Powers

During the course of an inspection, inspectors have the power and authority to respond to non compliance. They may:

  • recommend licence or registration withdrawal;
  • order the removal of imports from Canada;
  • restrict or prohibit the movement of products regulated by the CFIA;
  • seize and detain products or other things;
  • order the forfeiture of seized products not removed from country; and
  • order the disposal of products (to be exercised only in severe circumstances or upon receipt of a court order).

3.5 Responses to non-compliance

Where CFIA inspectors have reasonable grounds to believe there has been a contravention of the CAP Act, the PPR or other applicable legislation, they will conduct inspections to determine the facts of the alleged infraction(s). Inspectors and Inspection Managers may seek the advice, guidance and assistance of the Enforcement and Investigation Services, Regional Investigator, particularly in instances involving circumstances of a complex nature that require specialized investigational expertise. If there is sufficient evidence to proceed with enforcement action, the inspector should gather and preserve evidence. Once non-compliance has been verified, the inspector will complete an Inspector Non-Compliance Report and submit it to their Inspection Manager.

Instances of non-compliance will be re-evaluated by Enforcement and Investigation Services, prior to proceeding with enforcement action. The following factors, along with other applicable information, will be considered when deciding upon the most appropriate action:

  • the offender's history of compliance with the legislation;
  • a willingness to achieve compliance;
  • evidence of corrective action taken;
  • the intent of the non-compliant party (alleged violator); and
  • the seriousness of harm or potential harm.

3.5.1 Warning

A written warning letter may be used in instances where the non-compliance is unintentional, easily corrected, the accused demonstrates due diligence and the individual or company has made reasonable efforts to remedy or mitigate the consequences of the contravention and compliance has been achieved.

3.5.2 Prosecution Action

Prosecutions shall be considered for offences under the Acts and Regulations enforced by the CFIA except where, in accordance with the enforcement and compliance policy, it has been determined that:

  • warning under this policy is the most effective means of achieving compliance; or
  • licence or registration suspension or cancellation is the most effective means of achieving compliance.

Prosecution will always be pursued when the offence involves:

  • death of, or injury to, a person and the evidence indicates that the death or injury was directly attributed to failure to comply with any of the provisions of the Acts or Regulations administered and/or enforced by the CFIA;
  • serious harm or risk to the environment;
  • risk to the health and safety of humans, animals;
  • the prohibited sale of food;
  • the unsafe manufacturing of food;
  • economic fraud;
  • forging, altering or tampering with an inspection certificate;
  • knowingly providing false or misleading information, or making a false or misleading statement to an inspector;
  • obstructing or interfering with an inspector exercising his/her powers or carrying out his/her duties and functions;
  • removing, altering or interfering with any thing seized and detained or the movement of which is restricted or prohibited;
  • producing records, documents or electronic data that knowingly contains false or misleading information;
  • refusal to comply with the directions of an inspector, a detention order or a recall order; or
  • a conviction for a previous similar offence, a repeated offence or a continuing offence.

The Acts administered by the CFIA allow offences to be prosecuted by either summary conviction or as an indictable offence. It is determined by the Crown prosecutor whether to prosecute by way of summary conviction or indictment.

3.5.3 Product Detention

An inspector has the authority, under Section 23 of the CAP Act, to seize and detain non-compliant agricultural products. The detention of agricultural products or other things is generally appropriate when a violation is suspected and when:

  • the violation poses a health and safety risk;
  • the violation creates unfair competition to other compliant products; or
  • the person demonstrates an unwillingness to comply by failing to remove the product from the market or failing to take corrective action to bring the product into compliance.
  • the product has been illegally imported into Canada (Note: this type of infraction cannot be brought into compliance by means of a corrective action); or
  • the product is not in compliance with the CAP Act and/or PPR.

Detention of the products can be maintained until:

  • the product is brought into compliance or removed from Canada;
  • court proceedings have been instituted; or
  • the statutory time limitation expires (Subsection 27(1), CAP Act) allows for 180 days, unless legal proceedings have been initiated).

Detention of product is considered one of the most expeditious and effective tools to promote compliance.

3.5.4 Forfeiture

Forfeiture can occur in the following instances:

  • where imported non-compliant products are not removed from Canada as instructed by an inspector (Section 30, CAP Act);
  • when a person consents to forfeiture; or
  • when the Court makes such an order.

Forfeited products will be disposed of as provided for by the Court, or as directed by the Minister where provided for in the Acts. This will generally be at the expense of the person from whom the product was seized.

3.5.5 Disposal

The CAP Act allows for the disposal of perishable products, as well as the disposal of a seized product that has been forfeited.

3.6 Suspension or cancellation of registration

There are four circumstances where deregistration procedures will be considered:

  • establishment closure, for reasons such as fire, flood but not including labour management disputes;
  • non-operating status (12 consecutive months) or failure to pay fees;
  • critical problems of a public health significance; or
  • serious or continuous violations to the Act and/or Regulations

3.6.1 Establishment Closure

Where a registered establishment closes due to a decision of the operators and owners (e.g. bankruptcy), the Regional Director responsible for the Area and the Director, Food of Plant Origin Division, must be informed as soon as possible. It is the Inspection Manager's responsibility to verify that the registration certificate is removed from the establishment, and the establishment's management have been informed of what the cancellation of the registration means in a letter acknowledging the cancellation. The name and address of that establishment will then be removed from the central list of registered establishments. The registration number normally will be held (e.g. not reissued) for a period of two (2) years to avoid any possible confusion.

3.6.2 Non Operating Status or Failure to Pay Annual Registration Fees

Where a registered establishment has not operated for a period of twelve consecutive months or fails to pay fees to the CFIA related to maintaining registration status or product inspection.

C.M.S will be updated to indicate the inactive status of the establishment. The name and address of the establishment will be removed from the central list of registered establishments and the registration number will be held (not reissued) for a period of two (2) years.

3.6.3 Critical Deficiencies of Public Health Significance

Where an inspection of a registered establishment determines that the Act and/or Regulations are being violated to the extent that the health of the public is being jeopardized by the finished products being produced, and the operator fails, or is unable, to take immediate corrective actions, steps to suspend the registration will be taken immediately (see Section 3.7). Cancellation of registration procedures are also initiated (see Section 3.8).

3.6.4 Serious or Continuous Violations to the Regulations During Establishment Inspection

Where an in-depth inspection of a registered establishment results in an unsatisfactory rating, the documented results of the inspection will be utilized to possibly effect the cancellation of their registration or aide in prosecution. Where there are serious or continuous non-compliance issues that are not corrected quickly and cooperatively, the following procedures must be followed closely for any unsatisfactory rated establishment:

  • the Regional Director must keep the appropriate CFIA Regional, Area and Headquarters staff apprised of any developments;
  • each suspension or cancellation step must be followed and fully documented (see Section 3.7 or 3.8);
  • the necessary enforcement actions must be taken;
  • any product affected by the non-compliant conditions in the establishment must not present a potential health hazard.

3.7 Suspension of Registration

3.7.1 Regulatory Authority

Subsection 12 (2) (3) and (4) of the Processed Products Regulations states:

(2) The registration of an establishment may be suspended by the Director

  1. where
    1. the establishment does not comply with any provision of the Act or these Regulations,
    2. the operator of the establishment does not comply with any provision of the Act or these Regulations, or
    3. the Director believes, on reasonable grounds, that to allow the establishment to continue operating would constitute a risk to public health; and
  2. where the operator has failed or is unable to take immediate corrective action.

(3) No registration referred to in subsection (2) shall be suspended unless

  1. an inspector has prepared a written report setting out the reasons for the suspension and the corrective measures required and has forwarded a copy of that report to the operator; and
  2. a Notice of Suspension of Registration is delivered to the operator.

(4) A suspension of registration under subsection (2) shall remain in effect

  1. until the required corrective measures have been taken;
  2. where a cancellation procedure has been commenced under subsection (5), until the resolution of the cancellation issue; or
  3. where a cancellation procedure has not been commenced under subsection (5), until a period of 90 days has elapsed.

3.7.2 Steps for Suspension of Registration

For any unsatisfactory rated establishment where the evidence shows that allowing the establishment to continue operating would constitute a public health hazard, the following procedures must be followed:

  • The Inspection Manager is consulted by the operations staff before the suspension.
  • The inspector prepares a written report setting out the reasons for the suspension procedures being initiated. The inspector must ensure that the operator of the establishment receives a copy of the written report.
  • The Inspection Manager's responsibility to notify the appropriate CFIA Regional and Area personnel of the intent to proceed with suspension.
  • any product(s) affected by the non-compliance in the establishment is (are) immediately detained; and any product on the market is evaluated for recall in conjunction with OFSR.
  • (A decision is made by the Regional Director to proceed or not to proceed with suspension.
  • A Notice of Suspension of Registration (see Appendix 3-1) signed by the Regional Director is delivered to the operator of the establishment. The establishment can no longer ship regulated products outside of the province or apply a Canada grade.

In all instances of establishments not immediately correcting serious infraction(s), The Inspection Manager or his designate will inform the Area Program Network Specialist. The Area Program Network Director will then notify the Director, Food of Plant Origin Division of the intent to cancel the establishment's registration.

3.8 Cancellation of Registration

3.8.1 Regulatory Authority

Subsection 12(6) of the Processed Products Regulations states:

" No Certificate of Registration referred to subsection (5) shall be cancelled unless:

  1. an inspector has, at the time of his inspection, notified the operator of the failure to comply with any provision of the Act or these Regulations;
  2. a copy of the inspection report has been delivered to the operator
    1. identifying the provision of the Act or these Regulations that has not been complied with, and
    2. specifying the period of time for compliance with that provision of the Act and these Regulations in order to prevent the cancellation of the registration;
  3. the operator has failed to comply with or failed to bring the establishment into compliance with the provisions of the Act and these Regulations within the period of time specified in the inspection report or continues, after that period, to violate or fail to comply with any provision of the Act or these Regulations;
  4. the operator has been given an opportunity to be heard in respect of the cancellation; and
  5. a Notice of Cancellation of Registration according to Form 4 of Schedule VII is delivered to the operator.

3.8.2 Steps for Cancellation

  1. The directed inspection(s) reveal that the company has not brought about improved compliance or no action plan or a non satisfactory action plan is received from the establishment.
  2. The inspector informs the Inspection Manager that the plant has not improved their level of compliance or there is a lack of cooperation from the establishment (no action plan or a non satisfactory action plan received).
  3. A team is formed to conduct a full in-depth inspection. The team is comprised of a Regional Specialist or Area Program Network Specialist, a Responsible Inspector and a Senior Inspector.
  4. A second in-depth inspection is carried out to reassess the level of compliance and to discuss the appropriateness of the actions and target dates of the corrective action plan if received.
  5. If the second in-depth inspection results still do not meet any of the minimum compliance percentages in Table I or if no written action plan or a non satisfactory action plan from the first in-depth has been received from the establishment, the inspector in charge of the establishment will convene a meeting with senior managers of the establishment.
  6. At this meeting, outstanding Category I, II and III violations will be identified and a written commitment will be requested from the establishment's management within a mutually agreeable time frame. The meeting should be attended by the inspection team and any other food inspection authority involved with the establishment (e.g. provincial inspection officials, local health authorities). Minutes of the meeting will be recorded and distributed by the Inspector in charge of the establishment copies to the Inspection Team Members, Inspection Manager, and appropriate Regional and Area CFIA personnel.
  7. When the above steps have been taken and it is obvious that the operators can not or will not correct the infractions, a "Covering Letter" (Appendix 3-2) will be delivered to the establishment indicating that a cancellation is being considered and arrangements will be made for a Hearing prior to cancellation.
  8. The establishment's management is invited in writing to a Hearing (Appendix 3-3). If the establishment agrees to a Hearing it is confirmed in writing (Appendix 3-4) at a mutually agreed-to location, date and time and they are also informed that they have the right to bring legal representation or technical support. The CFIA will be represented at the hearing by the Director or a representative appointed by the Director, the Inspection Team and a CFIA legal advisor, if required.
  9. At the end of the hearing, a decision will be made to proceed with cancellation of the registration or to carry out a third in-depth inspection (Appendix 3-5).
  10. If the cancellation option is chosen, a Notice of Cancellation of Certificate of Registration (Appendix 3-6) will be signed by the Director, Food of Plant Origin Division and delivered to the establishment.
  11. If the in-depth inspection option is chosen and it is found during the inspection that the operator has taken corrective measures to bring the plant into compliance, a letter notifying the establishment of the decision not to cancel the registration will be sent by the Director.
  12. When the registration is cancelled, the establishment will not be allowed to market products regulated under the PPR outside the province or through an agent who may market them outside the province and to apply a Canada grade.
  13. When a cancellation occurs all Areas will be notified by copy of the Notice of Cancellation of Registration. If an inspector has reason to believe that the operator of the deregistered establishment is marketing agricultural products outside the province or applying a Canada grade, the appropriate Enforcement and Investigation Services office should be contacted.

Appendix 3-1: Notice of Suspension of Registration

(Address)

(Date)

2820-1- Reg. #

(Name and Address of establishment)

Subject: Notice of Suspension of Registration

Registered under the Canada Agricultural Products Act

This is to advise you that, in accordance with subsection 12(3) of the Processed Products Regulations, the registration for the above establishment is suspended, effective (date).

The Certificate of Registration issued pursuant to subsection 11(1) of the said Regulations is to be surrendered to an inspector upon receipt of this notice.

Date:

Regional Director

Appendix 3-2: - Covering Letter after Second In-depth (Serious Violations)

(Date)

Registered Mail

(Name of establishment)
(Complete address)

Attn: (Name of Establishment Manager and Title)

Subject: Establishment Inspection Results - Follow-up Inspection

(Salutation)

The following is a summary of the results of two recent inspections performed on your establishment by the Canadian Food Inspection Agency.

On (Dates) an inspection was carried out by Inspector(s) (Names of Inspectors). Several major infractions were identified at that time and discussed with you following the inspection. A letter, dated (Date of letter) was sent to you confirming these unsatisfactory conditions and you were requested to provide a written plan of corrective action. To date, your corrective action plan has not been received.

On (Dates) a follow-up inspection was carried out by the undersigned and Bill Jones to review the establishment conditions again and check the progress of your corrective actions. You will find a copy of that inspection report enclosed. While it was noted that some of the serious infractions had been brought into compliance, there still remains several infractions which require immediate attention:

(List major violations (serious infractions) in order of priority)

Upon completion of the inspection, we discussed the above infractions, as well as the fact that a written corrective action plan has not yet been received. We request your immediate attention to the correction of the infractions and to providing us with a written corrective action plan outlining these corrections within reasonable time frames.

As you are aware, these infractions contravene sections 13 to 17 inclusive of the Processed Products Regulations, as established under the Canada Agricultural Products Act. Processing establishments must be in compliance with both the Act and the Regulations to maintain their registration, allowing them to ship their agricultural food products outside the province.

If these infractions are not corrected immediately and a corrective action plan is not received within seven (7) days of your receipt of this letter, a hearing will be convened for the purpose of determining whether to cancel your establishment's registration.

If you have any questions on any of the matters covered by this letter, please do not hesitate to contact this office (123-4567).

Sincerely,

(Name of Inspection Manager)
Inspection Manager

c.c: (Name of President of establishment, Title, Name of establishment)

Appendix 3-3 :Hearing Convocation Letter

(Date)

Registered Mail

(Name of establishment)
(Complete address)

Attn: (Name of Establishment Manager and Title)

Subject: Establishment Inspection Results - Hearing Convocation

(Salutation)

Thank you for the corrective action plan submitted February 15, 2000 addressing a number of the infractions pointed out in my letter of February 10, 2000. Upon review, however, we note that four (4) critical infractions are not mentioned in your plan (see below) and time frames suggested for corrections of five infractions (see below) are not satisfactory.

(List of missing infractions)

(List of infractions for which unsatisfactory time frames were received)

In view of the above, we feel that it is necessary to convene a hearing to discuss your establishment's registration. This will provide you and your representatives with an opportunity to indicate what corrective action you have taken to achieve compliance with the Regulations.

Subsections 12(5) and 12(6) of the Processed Products Regulations state:

"(5) The registration of an establishment may be cancelled by the Director.

  1. where the establishment does not comply with any provision of the Act or these Regulations; or
  2. where the operator of the establishment fails to comply with any provision of the Act or these Regulations."

"(6) No registration referred to in subsection (5) shall be cancelled unless

  1. an inspector has, at the time of his inspection, notified the operator of the failure to comply with any provision of the Act or these Regulations;
  2. a copy of an inspection report has been delivered to the operator
    1. identifying the provision of the Act or these Regulations that has not been complied with, and
    2. specifying the period of time for compliance with that provision of the Act and these Regulations in order to prevent the cancellation of the registration;
  3. the operator has failed to comply with or failed to bring the establishment into compliance with the provision of the Act and these Regulations within the period of time specified in the inspection report or continues, after that period, to violate or fail to comply with any provision of the Act or these Regulations;
  4. the operator has been given an opportunity to be heard in respect of the cancellation; and
  5. a Notice of Cancellation of Registration in the form of Form 4 of Schedule VII is delivered to the operator."

If you wish to have a hearing, please contact the undersigned before (Date), so that a place, date and time may be scheduled. If we do not receive notification by (Date) it will be assumed that you do not wish to have a hearing, and a recommendation to cancel your registration will be forwarded to CFIA - Headquarters.

If you have questions about any of the matters covered by this letter, please do not hesitate to contact me (123-4567).

Sincerely,

c.c: (Name of President of establishment, Title, Name of establishment)

Appendix 3-4: Hearing Confirmation Letter

(Date)

Registered Mail

(Name of establishment)
(Complete address)

Attn: (Name of Establishment Manager and Title)

Subject: Hearing Confirmation

(Salutation)

Thank you for your letter requesting a hearing to discuss the registration of your establishment and the maintenance of your registration under the Processed Products Regulations. Please be advised that you have the right to bring legal representation and/or technical advisors to this meeting.

It has been agreed that the hearing will be held on (Date), at (Time) at:

(Complete address of office)

While waiting to speak with you again on this subject, please be assured that I sincerely wish you my best sentiments.

(Name of Inspection Manager)
Inspection Manager

Appendix 3-5: Hearing Follow-up Letter

Date

Registered Mail

(Name of establishment)
(Complete address)

Attn: (Name of Establishment Manager and Title)

Subject: Hearing Follow-up

(Salutation)

This will confirm our discussion on March 15, 2000, of your establishment and the actions you have taken, and will be taking, to bring your establishment into compliance with the Processed Products Regulations.

At the hearing you indicated that, to date, corrections have been made to all infractions outlined in the letter of February 10, 2000, from Mr. Functionnaire, except for the following four (4) items:

List outstanding major infractions

It is understood that item(s) (list item numbers) will be corrected by (Date), (list item numbers) will be corrected before (Date).

After (2nd date), another inspection will be performed at your establishment. If the corrections made are satisfactory and your establishment's infraction rating falls within an acceptable range, your registration will be maintained.

If your establishment's infraction rating does not fall within the acceptable range during this inspection, a recommendation to cancel your registration will be sent to CFIA - Headquarters. Cancellation of registration will result in a loss of privilege to sell your food products outside the province.

Sincerely,

(Name of Executive Director)
Executive Director - Operations (Area)

c.c.

(Name of President of establishment, Title, Name of establishment)

Appendix 3-6: Notice of Cancellation of Registration

Address

(Date)

2820-1- Reg. #

(Name and Address of establishment)

Subject: Notice of Cancellation of Registration

Registered under the Canada Agricultural Products Act

This is to advise you that, in accordance with subsection 12(6) of the Processed Products Regulations, the registration for the above establishment is suspended, effective (date).

The Certificate of Registration issued pursuant to subsection 11(1) of the said Regulations is to be surrendered to an inspector upon receipt of this notice.

Director
Food of Plant Origin Division

Date modified: