“Can I sell/ship small quantities of maple products directly to consumers who live outside the province or country? SFCR section 21 appears to indicate exports of small quantities of maple products can be only from individual to individual, not from a business (unlicensed maple producer) to an individual. To confuse the issue, a question in the Understanding the Safe Food for Canadians Regulations titled What if I am exporting food for personal use? indicates that, for exported food to be considered for personal use, it must not be more than the quantity set out in the Maximum Quantity Limits for Personal Use Exemption and must not be intended for commercial use. Hence my question: Can unlicensed maple producers export maple products directly to consumers for their own personal use in quantities equal to or less than the maximum quantity limits for personal use?
Response Food products sold in Canada must comply with all the applicable requirements prescribed in the Food and Drugs Act (FDA), the Food and Drug Regulations(FDR), the Safe Food for Canadians Act (SFCA) and the Safe Food for Canadians Regulations (SFCR). Generally, producers of maple products, similar to producers of other food commodities, that send any amount of food intended for human consumption across provincial and/or territorial borders or export to a foreign state are subject to the licencing requirements outlined in paragraph 7(2)(a) and paragraph 15(1)(a) of the SFCR. The “Personal use” section 28 of the Understanding the Safe Food for Canadians Regulations quoted in your enquiry is an explanation of Section 21 of the SFCR and should not be interpreted independently. According to the Regulatory requirement: Trade (Safe Food for Canadians Regulations, Part 2) - Canadian Food Inspection Agency (canada.ca) document, section 21 of the SFCR: Personal use states: Section 19 of the SFCA states that any activity prohibited, or required to be done, by the SFCA or SFCR, does not apply to a person carrying out the activity for "personal use". Food is considered to have been imported, exported or sent or conveyed from one province to another, for "personal use" if the food is not intended for commercial use, and if:
it was imported, exported or sent or conveyed by an individual and not for business purposes, and
be a quantity not more than set out in the Maximum Quantity Limits for Personal Use Exemption, or
be a part of the personal effects being imported by an immigrant or exported by an emigrant
That is, section 21 of the SFCR applies to food that are intended to be imported, exported, or sent or conveyed from one province to another (or interprovincial trade), and in order to be exempted: · the importer/exporter/sender or conveyor must be an individual · the importing/exporting/sending or conveying must not be done in the course of business or not be “for business purposes” · the quantity to be sent not be “more than set out in the Maximum Quantity Limits for Personal Use Exemption “; and, · that food is not intended for commercial purpose. In addition, under the SFCR food businesses (such as maple producers) need a licence based on the activities they conduct. Businesses that trade food inter-provincially or export it are responsible to ensure that the food (or maple products) was manufactured, processed, treated, preserved, graded, packaged or labelled by a licence holder . Therefore, in response to your question – “Can unlicensed maple producers export maple products directly to consumers for their own personal use in quantities equal to or less than the maximum quantity limits for personal use?” The maple products that are intended to be inter-provincially traded or exported must have been produced by a licence holder, even if the receivers of those products are “consumers” (or individuals) who will use them for personal consumption. For more information on the SFC licence application process, please consult the “What to consider before applying for a Safe Food for Canadians licence” and the “Tips for a smooth Safe Food for Canadians licence application” web pages. **Disclaimer: This response is based on CFIA's understanding of the particular facts provided in your request and the applicable provisions of the law within CFIA’s mandate. Other relevant laws, including federal, provincial, territorial and municipal, may apply as well. Information in this response may be used to inform future CFIA guidance and policy that might be made available to industry and to the inspectorate.