§ 12

(1) Any person who imports a food, other than a food referred to in any of paragraphs 11(2)(a) to (c), and who does not have, in Canada, a fixed place of business from which they carry on business related to the food must, (a) have a fixed place of business from which they carry on business related to the food in a foreign state that (i) has an inspection system that has been recognized under Part 7, if the imported food is a meat product or live or raw shellfish, or (ii) has a food safety system that has been determined by the Minister under subsection (2) to provide at least the same level of protection in relation to that food as that provided by the provisions of the Act and these Regulations, if the imported food is not a meat product or live or raw shellfish; and (b) send or convey the food directly to Canada from a foreign state that has an inspection system described in subparagraph (a)(i) or a food safety system described in subparagraph (a)(ii).

(2) The Minister must determine whether a foreign state’s food safety system provides at least the same level of protection in relation to an imported food as that provided by the provisions of the Act and these Regulations by taking into account the following: (a) any applicable legislative framework, controls and procedures; (b) the organizational structure of the authority that is responsible for the system; (c) the implementation of the system; (d) the resources that support the objectives of the system; and (e) any other relevant information.

(3) For the purposes of paragraph (1)(a), the reference to “shellfish” does not include the adductor muscles of scallops or the meat of geoducks.

(4) For the purposes of paragraph (1)(b), if the food passes only in transit through a foreign state, the person is not considered to have sent or conveyed the food directly to Canada from that foreign state.