Food Safety & Toy Alignment Among Canadian Commenters' "U.S. Reg Cooperation" Goals

A joint action plan on topics for the Regulatory Cooperation Council to address is expected this fall.

(See ITT’s Online Archives or 08/30/11 news, 11083018, for details of a related report which summarizes consultations with Canadians on the perimeter approach to security and trade between the U.S. and Canada.)

Agriculture and Food

Mutually Recognize Food Safety Systems, Align FSMA Requirements

• Develop common approaches to food safety requirements and policies, aligning new regulations and guidance—specifically, implementation of the U.S. Food Safety Modernization Act (FSMA) requirements.
• Mutually recognize food safety systems. Improve the effectiveness of meat-safety-system equivalency agreements (i.e., eliminate or minimize re-inspections of product and microbial testing at the border).
• Accept industry-led standards and programs that are based on international standards (e.g., the Hazard Analysis Critical Control Point, or HACCP).
• Harmonize approvals for food-safety-enhancing products and technology used in processing (e.g., packaging materials, anti-microbial interventions, testing methodologies and processes, sanitation, and maintenance chemicals and equipment).

Implement Free Electronic Export Cert. System for Agricultural Products, Etc.

• Implement complementary electronic certification systems in Canada and the U.S. for agricultural products.
• Eliminate Canada's requirement for a veterinarian's signature on export certificates for meat and poultry products.

Recognize Phyto/Zoo Inspections, Harmonize Crop Pest Regs

• Agree on zoning for foreign animal diseases, with greater recognition of each country's ability to verify the absence of disease and its control.
• Align traceability requirements for live animals.
• Mutually recognize phytosanitary and zoosanitary inspections.
• Harmonize crop pests and weed seeds regulations and standards to address the issue of the requirement to maintain the identity of screenings from bulk shipments.
• Restore and/or facilitate market access for the following: Canadian small ruminants (sheep, goats); U.S. live hogs for slaughter in Canada; and Beef-containing pet food from Canada.
• Harmonize livestock transportation standards training for truckers.

Align and Harmonize Ag Labeling, Packaging and Product Content

• Align nutritional labeling formats and content (e.g., nutrient definitions, required values, daily recommended intakes).
• Harmonize approaches to allowed health claims.
• Align standards for discretionary fortification of foods.
• Develop uniform labeling requirements (e.g., quality specifications, method of production claims, glycemic index labeling).
• Adopt a common approach to the nomenclature of meat cuts.
• Eliminate or amend U.S. mandatory country-of-origin labeling requirements.
• Align container size requirements (infant food, bottled and canned goods).

Resolve Pesticide Residue Limit Discrepancies, Modify EPA Advance Notification

• Building on significant collaboration to date, align pre-market approval processes and data requirements for crop protection products (i.e., pesticides, seed treatments) to facilitate joint reviews and assessments and improve re-evaluation and re-registration processes.
• Resolve discrepancies in maximum residue limits for crop protection products.
• Modify the U.S. Environmental Protection Agency (EPA) notice-of-arrival process to remove the advance notification requirement for products that are already EPA-registered.
• Harmonize the approval process for veterinary drugs, including the establishment of maximum residue limits.

Align Animal Feed/Food Authorizations & Definitions, Allow Pre-Clearance

• Align product requirements for market authorization for animal feed ingredients and additives to facilitate joint Canada-U.S. U.S. animal feed product registration, in particular for high-risk ingredients.
• Align definitions of specified risk materials to alleviate pet food ingredient supply pressures between Canada and the U.S.
• Reduce border-crossing times for pet food from Canada to the U.S. by allowing pre-clearance and improving service standards for import permits.

Energy Efficiency, Chemicals

Collaborate on Energy Efficiency Standards

Foster closer collaboration on climate policy through the following:

• Develop a broad bilateral energy and environment accord.
• Harmonize energy efficiency standards, e.g., developing a consistent approach to performance requirements, conformity assessment, and labeling of electrical and electronics products.
• Harmonize regulations to support electric and other alternative energy vehicles.

Align Chemical Reviews, Permitting, Labeling, & Reporting

• Align chemicals management processes, including reviewing, permitting, labeling, reporting and timelines for implementation.

Transportation

Motor Vehicles: Mutual Recognition of Certification, Common ‘Clean’ Standards

• Establish a robust, enduring process to establish safety regulations that meet the needs of both countries, including a formal framework to coordinate research efforts and monitor progress.
• Align greenhouse gas emission standards for vehicles and engines.
• Implement one set of common rules and regulations across North America for vehicle safety and emissions standards.
• Align testing and certification requirements. There is a lack of reciprocal recognition of certification.
• Align regulatory mechanisms for chemicals management for the vehicle manufacturing sector.
• Align the Canada Motor Vehicle Safety Standards and the U.S. Federal Motor Vehicle Safety Standards and Regulations.
• Work cooperatively in developing new standards and codes related to clean technologies for light-duty vehicles and heavy-duty vehicles with respect to liquefied natural gas, aerodynamic devices and electric vehicles.

Trucking: Revise in-Transit Shipment Regs, Review Container Residue Rules

• Align the different requirements for safety and hours of operation.
• Align the different requirements for weight and dimension.
• Revise regulations regarding in-transit shipments. If the carrier belongs to a customs supply chain security program, only high-level cargo descriptions should be required.
• Review immigration laws and interpretations to enable a driver to move empty trailers in another jurisdiction to the pickup point of an export load to enhance efficiency.
• Review rules regarding container residue.

Marine: Harmonize Vessel Clearance, Remedy Double Scanning, Etc.

• Harmonize safety, environmental and regulatory standards across both countries.
• Harmonize and streamline reporting and vessel clearance requirements between both countries.
• Align Canadian and U.S. marine security regulations.
• Remove user fees as barriers to trade.
• Remedy the situation regarding double scanning or no scanning of ocean containers.
• Harmonize regulations for ship emissions, taking into account fleet requirements.

Air: Align Air Cargo Security Regs, Automate Pre-Enrollment Border Clearance

• Recommend that Canada and the U.S. sign a formal partnership on NextGen.
• Streamline and harmonize security and facilitation protocols and align passenger baggage screening regulations.
• Streamline and automate pre-enrollment border clearance processes.
• Streamline regulations for passenger pre-clearance, watch lists and exit immigration controls.
• Align cargo security regulations.

Health and Consumer Products

Accept FDA-Approved Products, Recognize Good Manufacturing Processes

• Deem as acceptable in Canada and the U.S. consumer health products that meet U.S. Food and Drug Administration and Health Canada requirements.
• Standardize regulatory classifications and definitions for therapeutic and personal care products.
• Establish a joint electronic submission gateway for pharmaceutical products.
• Establish mutual reliance on equivalent good manufacturing practices in each country.
• Mutually recognize product claims that can be substantiated scientifically by the manufacturer.

Establish Mutual Recognition for Inspections and Certification

• Establish mutual recognition regarding inspections and certification.
• Establish mutual reliance on each country's good manufacturing processes and collaborate on ensuring any third-party country's compliance and enforcement to avoid duplicative inspections.

Align U.S. and Canadian Toy Safety Regulations with Int’l or Bilateral Norms

Align toy safety regulations and standards with international or bilateral norms, especially relating to the following: Lead levels; Testing methodology; Magnets or magnetic compounds; Mechanical and electrical hazards; Acoustics; and Flammability.

Synchronize Hazard Classification/Communication Standards for Chemicals

Synchronize hazard classification and communication standards for chemicals and hazardous materials:

• Align regulations relating to hazard classification (including types of hazard statements that must be on a controlled product label, hazard symbols, and requirements associated with mandatory hazard communication information);
• Ensure synchronicity in regulatory changes and harmonization of labeling elements to the U.S. Occupational Safety and Health Administration and the Canadian Workplace Hazardous Materials Information System during implementation of the Globally Harmonized System (GHS) for the Classification and Labeling of Chemicals; and
• Standardize the format of material safety data sheets through the formal recognition of GHS Material Safety Data Sheets.

Export Controls

Align Certain Export Control Exemptions, Cryptography Controls

• Align exemptions relating to export controls for products covered by the International Traffic in Arms Regulations (ITAR) by pursuing a clear exemption in the ITAR for a Canadian company that is registered under the Controlled Goods Program.
• Align export controls regarding cryptography products and equipment.

(See ITT’s Online Archives or 02/07/11 news, 11020742, for BP summary of the U.S. and Canadian declaration on their ‘perimeter approach’ to security and trade, including the announcement of the Regulatory Cooperation Council.)

DFAIT press releases, dated 08/29/11, available here and here.