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Canada Expands Use of Fines for Food Safety Noncompliance

  • Under the Agriculture and Agri-Food Administrative Monetary Penalties Act and Regulations (AAAMPR), the Canadian Food Inspection Agency (CFIA) may issue an Administrative Monetary Penalty (AMP) as an enforcement measure to encourage compliance with Canada’s food safety laws and regulations.  The meat sector has been subject to AMPs since 2015.

  • The AAAMPR was amended per the May 1, 2019 Canada Gazette Part II to expand coverage of this enforcement tool beyond just the meat sector to cover all foods.  This change – effective immediately – follows the consolidation of 14 different regulations in the Safe Food for Canadians Regulations (SFCR) under the Safe Food for Canadians Act.  The SFCRs, which took effect on January 23, 2019, provide a single set of consistent requirements for all food businesses.

  • According to Food Safety News, the CFIA is already using its new power and will begin posting information about the issuance of AMPs on its website in the near future.  The CFIA’s AMP Fact Sheet notes the factors determining whether an AMP is issued as a notice of violation with warning or with a financial penalty are:

    • The potential or actual harm associated with the non-compliance,

    • The compliance history of the regulated party, and

    • The intent associated with the non-compliance.

  • Businesses are subject to AMPs of up $15,000 for serious offenses or repeat violations.  Individuals also are subject to fines, from $500 to $1,300 per offense.

© 2020 Keller and Heckman LLPNational Law Review, Volume IX, Number 126


About this Author

Keller and Heckman offers global food and drug services to its clients. Our comprehensive and extensive food and drug practice is one of the largest in the world. We promote, protect, and defend products made by the spectrum of industries regulated by the U.S. Food and Drug Administration (FDA), the European Commission and Member States authorities in the European Union (EU) and similar authorities throughout the world. The products we help get to market include foods, pharmaceuticals, medical devices, veterinary products, dietary supplements, and cosmetics. In addition...