Category Archives: Blog

News from AAFC’s Market Access Secretariat

On September 12, 2023, the government of Mauritius notified the WTO of new measures with regards to their food regulations. The Draft Food Regulations 2023 are intended to replace the Food Regulations of 1999, with the overarching aim of fortifying the food control framework in Mauritius to align with international food standards.

The documents notified by Mauritius are the Food Act 2022: https://mauritiusassembly.govmu.org/mauritiusassembly/wp-content/uploads/2023/03/act1222.pdf

and the Draft Food Regulations 2023:  https://health.govmu.org/health/wp-content/uploads/2023/09/DRAFT-FOOD-REGULATIONS-2023-.pdf

Comments and concerns on both documents will be accepted until November 10, 2023. The proposed date of adoption is 1 December, 2023 and the entry into force will be 6 month safter the adoption date.

Should you have any concerns, please send your input by October 27, 2023 to aafc.mas-sam.aac@agr.gc.ca.

News from AAFC’s Market Access Secretariat

Please be informed that the European Union (EU) has notified the World Trade Organization (WTO) of a draft Implementing Regulation to proposed amendments to model certificates for entry into the EU of certain products of animal origin and certain categories of animals as it relates to veterinary medicinal products (VMPs).

As you may be aware, Article 118 (1) of Regulation (EU) 2019/6 requires third country operators exporting animals or products of animal origin to the EU to respect the prohibition on the use of antimicrobial medicinal products for the purpose of promoting growth or to increase yield, and the prohibition on the use of antimicrobials that have been reserved for the treatment of certain infections in humans.

This draft Implementing Regulation amends the model certificates for the export to the Union of food-producing animals and products derived therefrom intended for human consumption to include the relevant attestations of compliance with the provisions set by Regulation (EU) 2019/6.

You are invited to review the WTO notification to determine whether your industry could be impacted by these changes. Please refer to the following link for more information: G/SPS/N/EU/656.

To enhance our understanding of the potential impacts this regulation may have on Canadian exports to the EU, we welcome your comments on the EU’s proposed amendments to the model certificates. Please submit your comments, questions, and concerns to the Market Access Secretariat at aafc.mas-sam.aac@agr.gc.ca by August 25, 2023.

News from AAFC’s Market Access Secretariat

The Government of Canada is expanding its organic equivalency arrangement with Japan. Beginning August 31, 2023, organic alcoholic beverages will be included in this arrangement.

The original equivalency arrangement between Canada and Japan came into effect on January 1, 2015, and recognizes the organic production and certification systems in each country as equivalent. In July 2020, livestock products and processed food products containing livestock ingredients were added into this arrangement.

Beginning August 31, organic alcoholic beverages certified under the Canada Organic Regime or the Japanese organic system may be sold and labelled as organic in Canada and Japan. This arrangement gives consumers more organic options and expands market access in Japan for the Canadian organic industry.

For additional information, please refer to the following webpage: Overview: Japan – Canada Organic Equivalency Arrangement (JCOEA) – Canadian Food Inspection Agency

The US Food and Drug Administration (FDA) is announcing the fiscal year (FY) 2024 user fee rates for importers approved to participate in the Voluntary Qualified Importer Program (VQIP) and accreditation and certification bodies interested in participating in the Accredited Third-Party Certification Program (TPP). The user fee rates are authorized by the FDA Food Safety Modernization Act (FSMA) and allow the agency to assess and collect fees to cover the FDA’s cost of administering these programs.

VQIP is a voluntary, fee-based program for the expedited review and importation of foods from importers who achieve and maintain a high level of control over the safety and security of their supply chains.

The FY2024 VQIP user fee rate will be effective on August 1, 2023, and supports program benefits from October 1, 2023, through September 30, 2024. Currently, the agency is not offering an adjusted fee for small businesses. Approved VQIP applicants must pay the user fee before October 1, 2023, to begin receiving benefits for the 2024 fiscal year.

TPP is a voluntary program in which FDA recognizes “accreditation bodies” that may accredit third-party “certification bodies.” The certification bodies can conduct food safety audits and issue certifications of foreign food facilities.

The FY2024 TPP user fee rate will be effective on October 1, 2023, and will remain in effect through September 30, 2024.

Please direct any questions regarding VQIP to the VQIP Importers Help Desk at 1-301-796-8745 or FSMAVQIP@fda.hhs.gov. Questions regarding TPP can be sent to FDAthirdpartyprogram@fda.hhs.gov. You can also subscribe to receive updates about the U.S. Import programs, policies and regulations.

Additional Information

Federal Register Notice announcing the FY2024 VQIP User Fee Rates

Voluntary Qualified Importer Program (VQIP)

Federal Register Notice announcing the FY2024 Third-Party Certification Program User Fee Rates

Accredited Third-Party Certification Program

Fees under the FSMA

FDA User Fee Programs

The US Food and Drug Administration (FDA) has released a public inventory of certain food ingredients that the agency has determined to have unsafe uses in food because they are unapproved food additives and lists of select chemicals currently under the agency’s review. The FDA also released a Conversations with experts about the agency’s work to enhance the assessment of ingredients in foods on the market. These resources are intended to provide more insight on the FDA’s post-market assessments.

In addition to the FDA’s pre-market programs, the agency’s active post-market monitoring of new safety information related to food ingredients is also essential to the safety of the US food supply. Under the Federal Food, Drug, and Cosmetic (FD&C) Act, any ingredient used or intended for use in food must be authorized by the FDA for use as a food additive unless that use is Generally Recognized As Safe or GRAS by qualified experts or meets a listed exception to the food additive definition in the FD&C Act. An unapproved food additive is deemed to be unsafe under the FD&C Act.

The inventory includes some of the FDA’s post-market assessments of food ingredients and may include links to some activities related to such an ingredient since 2004. When the FDA becomes aware of an ingredient for which there is no authorization as a food additive, the FDA reviews the regulatory status of this ingredient, including whether the publicly available data and information show the use is safe and meets the GRAS standard. This determination informs the agency’s actions to protect public health, including enforcement actions and other post-market activities that warn manufacturers and the public of unsafe food additives and can result in the removal of unsafe products from the market.

This inventory is not intended to be a complete list of food ingredients that may be unlawful if used in food and may not include all post-market activities the agency has taken with respect to unsafe food additives. Specifically, the inventory includes the name of the unsafe food additive, information about some post-market activities and public communications, and the FDA’s memo that describes reviews in which the agency concluded the use of the ingredient did not meet the GRAS standard. The post-market activities include warning letters, import alerts, seizures and injunctions.

The lists that were also made available, include select ingredients considered GRAS, food and color additives, food contact substances, and contaminants currently under FDA review. These represent some of the chemicals of interest to the agency and those that are of high interest among stakeholders who have asked the FDA to review their safety. The FDA anticipates updating the inventory and these lists periodically.

Lastly, the Conversations with Experts features Dr. Kristi Muldoon-Jacobs, acting Director of the Office of Food Additive Safety, sharing her insight about the FDA’s current post-market assessment of ingredients and food contact substances and how we envision enhancing our approach to support this work.

The FDA’s assessment of chemicals in the food supply is part of our commitment to food safety.

For More Information

Post-market Determinations that the Use of a Substance is Not GRAS

FDA Works to Enhance the Assessment of Ingredients in Foods and Food Contact Substances on the Market

Lists of Select Chemicals in the Food Supply Under FDA Review

Food Chemical Safety