This is an official version.
Copyright © 2012: Queen's Printer,
Newfoundland and Labrador
Food Safety Assurance Program Order
(Filed September 4, 2012)
Under the authority of the Newfoundland and Labrador Chicken Marketing
Scheme and the Natural Products
Marketing Act the Chicken Farmers of Newfoundland and
Ron Walsh, Secretary Manager
1. Short title
3. Compliance with the OFFSAP
4. Requirements of the OFFSAP
5. New producer
6. Time periods for compliance
9. New producers who are non-compliant
10. Withdrawal or termination of certification
11. Withdrawal of certification - production stopped
12. Written notification of cancellation
13. Certificate and signage not to be displayed
15. Recertification after cancellation
1. This Order may be cited as the On-Farm Food Safety Assurance Program Order.
2. In this Order
(a) "anniversary date" means the date that is set initially after the first audit is completed and certification is granted;
(b) "audit" means an OFFSAP audit conducted by approved auditors trained in HACCP principles, auditing techniques and the OFFSAP;
(c) "certification" or "certified" means the certification agent has certified the producer as compliant with the OFFSAP;
(d) "certification agent" means the individual appointed by the commodity board with the overall authority for the implementation, maintenance and integrity of the OFFSAP;
(e) "CFC" means Chicken Farmers of Canada;
(f) "corrective action" means an action to eliminate the cause of a detected nonconformity or other undesirable situation;
(g) "HACCP" means internationally recognized Hazard Analysis Critical Control Point principles;
(h) "non-compliant producer" means a class of producers who have either
(i) not participated in an audit within two months of the anniversary date,
(ii) not completed the required corrective actions by the specified date,
(iii) not maintained the OFFSAP,
(iv) not cooperated with or provided access to documentation, facilities or personnel to auditors during audits, or
(v) used the certificate, certification or other OFFSAP materials in a way that conflicts with the outlined requirements of the OFFSAP; and
(i) "OFFSAP" means the On-Farm Food Safety Assurance Program approved by CFC, as may be amended or varied from time to time, and as published by CFC, the Canadian Food Inspection Agency or another party specified by CFC.
Compliance with the OFFSAP
3. A producer shall comply with the program requirements of the OFFSAP.
Requirements of the OFFSAP
4. The OFFSAP follows the requirements as stipulated in the CFC OFFSAP Management Manual, as amended or varied from time to time, and as published by CFC, the Canadian Food Inspection Agency or another party specified by CFC.
5. A new producer shall be required to undergo an audit prior to starting his or her fourth period of production.
Time periods for compliance
6. (1) A non-compliant producer may receive notice indicating that he or she has 60 days to come into compliance with the OFFSAP.
(2) If, at the end of the 60 day period, the producer continues to be in non-compliance with the OFFSAP, the non-compliant producer may receive notice indicating that he or she has a further 60 days to come into compliance with the OFFSAP.
(3) If, at the end of the 120 days, the producer continues to be in non-compliance with the OFFSAP, the non-compliant producer shall be required to come into compliance with the OFFSAP within 10 days.
7. Where the non-compliant producer takes the necessary steps to come into compliance with the OFFSAP within a time period under section 6, the producer may
(a) be subject to an audit at the end of that time period; and
(b) be responsible for all of the costs of the audit and related expenses to become certified or determined to be in compliance with the OFFSAP.
8. (1) The non-compliant producer may participate in one or more audits.
(2) The non-compliant producer may be responsible for all of the costs of these audits and related expenses until the producer is certified or is determined to be in compliance with the OFFSAP.
New producers who are non-compliant
9. (1) The board of directors of the commodity board may decide to not permit a new producer to engage in chicken production at the end of that producer's growing period if the new producer fails to achieve compliance with the OFFSAP.
(2) The commodity board shall notify the new producer of a decision taken under subsection (1).
Withdrawal or termination of certification
10. A producer who fails to achieve compliance with the OFFSAP may have his or her OFFSAP certification cancelled by the board of directors of the commodity board at the end of the non-compliant producer's growing period.
Withdrawal of certification - production stopped
11. A producer who has stopped raising broilers for a period longer than the period between audits shall have his or her certification cancelled.
Written notification of cancellation
12. The commodity board shall provide written notification to the producer of the decision to cancel his or her OFFSAP certification.
Certificate and signage not to be displayed
13. If a certificate has been cancelled, the certificate and signage shall not be displayed or otherwise used to indicate that the premise is certified under the OFFSAP.
14. A producer whose OFFSAP certificate is cancelled shall not be permitted to engage in chicken production.
Recertification after cancellation
15. (1) If a non-compliant producer intends to become certified after having a certificate cancelled, the non-compliant producer shall be treated as a new producer regarding procedures to issue an OFFSAP certification outlined in the CFC OFFSAP manual.
(2) The recertification process shall not commence until the costs of audits and related expenses assessed under sections 7 and 8 have been paid.
16. (1) The commodity board shall cover the costs of the annual audit and one follow-up audit of a producer who is in compliance with the OFFSAP.
(2) A producer shall be responsible for the full costs of subsequent audits to become recertified.