Common Approaches to Food Safety in US and Canada – Part 1

As set out in the first of this two-part series on the Food Safety Modernization Act and the Safe Food for Canadians Act, similar themes run through both Acts.  In this first part of the series, I will outline the common aspects of the two food safety systems.

Prevention 

Both Acts focus heavily on preventing problems.  Part of the way they achieve this is by requiring members of the food chain to design and implement prevention plans, and by policing these plans by requiring facilities to register with or be licensed by the government.

The SFCA provides for the making of regulations respecting quality management programs, quality control programs, safety programs and preventive control plans to be implemented by people who conduct any activity regulated under the Act.[1]

Under the FSMA, food facilities are required to implement a written preventive controls plan, including evaluation of hazards that could affect food safety, identifying and monitoring preventive steps or controls to minimize or prevent hazards, and identifying an action plan in the event that problems arise.[2]

In addition, the FSMA requires food production facilities to re-register with the FDA every two years.[3]  Registration is crucial, as products from non-registered facilities will be considered “misbranded,” which prohibits their sale.  A facility’s registration can be suspended by the FDA if it is determined that food from the facility “has a reasonable probability of causing serious adverse health consequences or death to humans or animals.” [4]

An additional aspect of the prevention program in both Acts is increased powers given to inspectors to ensure compliance. The FSMA specifically allocates more inspection-related resources to high-risk facilities[5] and the SFCA provides a number of powers to inspectors to verify compliance or prevent non-compliance with the Act.[6]