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ARTICLE · 07 MAY 2019

Can A Non-Resident Importer Import Foreign Food?

The short answer is yes, a non-resident importer may import foreign foods into Canada if the non-resident importer meets certain conditions.

CanadaInternational Law

The short answer is yes, a non-resident importer may import foreign foods into Canada if the non-resident importer meets certain conditions.

TheSafe Food for Canadians Act ("SFCA") and its regulations, the Safe Food for Canadians Regulations ("SFCR") provide the answer. The SFCA came into full force on January 15, 2019 when the SFCR were adopted. The SFCA and SFCR apply, with few exceptions, to all food commodities and create a framework of standards, licensing and other requirements established to ensure that food sold in Canada is safe. Those standards and requirements apply to all persons, including non-resident importers, who wish to import food into Canada.

To be permitted to import food into Canada, on and after January 15, 2019, importers must either (a) have a fixed place of business in Canada or (b) be located in a country recognized by the Minister of Agriculture and Agri-Food (the "Minister") as having the same level of food protection. This means that

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