Importing Food into Canada

What the regulatory framework requires before a single shipment moves, and where importers consistently run into trouble.

Importing food into Canada requires three things in place before a product arrives at the border: a valid SFC licence issued for the activity "Importing Food" and for the relevant commodity categories, a preventive control plan, and compliant labelling. Most enforcement problems trace back to one of these three being incomplete or absent.

When a Shipment Is Held at the Border

This is the section that matters most when it matters most. Two agencies share jurisdiction at the border, and confusing their roles is a common source of problems. CBSA controls physical entry: it examines goods, verifies documentation, and determines whether a shipment may enter the country. CBSA is not a food safety regulator. CFIA has authority over food safety and regulatory compliance. When CBSA flags a food shipment, it refers the matter to CFIA, which assesses licence validity, labelling compliance, documentation, and applicable import conditions. A shipment can clear CBSA and still be held by CFIA.

A hold is not a refusal. CFIA may hold a shipment while it gathers information or awaits documentation. Common triggers: no valid licence or a licence that does not cover the commodity; labelling non-compliance; missing foreign country documentation; suspected food safety issues; and prior non-compliance triggering enhanced scrutiny.

Time is the critical factor for perishable goods. Importers facing a hold should identify the holding agency and the specific basis immediately, determine whether the hold can be resolved by providing documentation, and assess whether relabelling under CFIA supervision is feasible (available in some circumstances). If refusal is likely, consider whether voluntary re-export is an option before a destruction order is made.

Legal advice at the point of hold is the most effective intervention. Once a refusal is issued, options narrow significantly, particularly for perishable commodities where the timeline does not permit extended proceedings.

The Licence

Under SFCA s. 10(2), read with SFCR s. 5(2), no person may import food for commercial purposes without a licence. CFIA's current guidance requires a valid SFC licence issued for the activity "Importing Food" and for the relevant commodities and sub-commodities. The licence requirement applies regardless of shipment volume, country of origin, or prior relationship with CFIA.

Exemptions are narrow: food imported solely for personal use; food additives, beverages over 0.5% ethyl alcohol, and certain unprocessed commodities labelled "For Further Preparation Only" (SFCR s. 11(2)); and food in transit through Canada for export (SFCR s. 24, a separate exemption with its own conditions).

The licence is commodity-specific. Expanding a product line without confirming the licence covers the new category is a recurring compliance failure that requires a licence amendment before the shipment is arranged.

The Preventive Control Plan

The PCP obligation is set out in SFCR s. 86. Section 46(2) makes that requirement apply in the import context, and s. 89(4) specifies import-specific PCP content. The PCP is a documented system demonstrating that imported food is safe, suitable, and meets Canadian requirements. It must cover hazard identification for the commodity and supply chain, supplier verification, one-up/one-back traceability, written receiving and handling procedures, and supporting records.

The PCP is a live document. It must be updated when the company adds a commodity, changes a supplier, or modifies its supply chain. A PCP prepared for the licence application and never updated will not reflect the current import program, and CFIA will notice during an inspection. Record retention periods vary by record type and commodity; for scheduled processes for low-acid foods, SFCR s. 48(4) requires three years.

SFCR Part 4 imposes additional requirements for specific commodities including fresh fruit and vegetables, fish, dairy, eggs, honey, and maple products. Meat and poultry imports are subject to the Meat Inspection Act and Regulations, and follow CFIA's current import document-review process, which requires separate import permits and compliance with country-specific conditions.

Where Importers Get It Wrong

Most import compliance failures fall into predictable categories:

  • Assuming the foreign supplier handles Canadian compliance. The importer is responsible, and the supplier does not know Canadian requirements unless specifically briefed.

  • Importing a new commodity without confirming the licence covers it.

  • Treating the PCP as a one-time document prepared for the licence application and never updated.

  • Treating label compliance as something that can be sorted out after product is in transit.

  • No protocol for border emergencies, so that when a shipment is held, decisions are made without clear authority or knowledge of the process.

Where Counsel Fits

Counsel is most useful at four points. Programme design: reviewing the PCP structure, identifying gaps in supplier qualification, and confirming the programme meets SFCR requirements before CFIA scrutinizes it. Label review: Canadian labelling is technically demanding across the applicable federal regimes (see Canadian Food Labelling Requirements), and a pre-shipment label review is materially different from an internal review against a checklist. Border holds: when CFIA holds a shipment, the legal basis, response options, and timeline all require assessment, and perishable goods do not permit deliberation. CFIA inspection response: when an inspection identifies non-compliance, the corrective action plan submitted to CFIA has legal significance.

For cross-border clients, we work with international counsel where the product originates outside Canada.

GSJ&Co. advises on SFCA/SFCR compliance, import programme design, label review, and regulatory response. Contact info@gsjameson.com or +1 (647) 638-3994.

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Last updated: March 2026. This page is maintained by GSJ&Co. and updated when there are material changes to the Canadian food import framework.