ARCHIVED—Retail Food Trade Sector Review — Decisions

Table of Contents

Introduction

Acronyms and Definitions

Recommendations

1 Standards

2 a) Devices - Approval
b) Devices - Initial Inspection
c) Devices - Subsequent Inspections

3 Commodities

4 Online Retailing

5 Service Industry

6 Complaints and Disputes

7 Alternate Service Delivery (ASD)

8 Periodic Sector Review and Monitoring

Introduction

This document contains Measurement Canada’s decisions regarding the recommendations for establishing an appropriate level of intervention in the retail food trade sector.

This document should be read in conjunction with Measurement Canada Retail Food Sector Review Recommendations dated 2002/03. These recommendations were the result of extensive consultation with sector stakeholders.

The goal of this document is to communicate the decisions of Measurement Canada senior management and associated explanations, considerations and clarifications.

Acronyms and Definitions

A list of acronyms used in this document is provided below for the reader’s reference.

• ASD: Alternate Service Delivery
• ISD: Innovative Services Directorate
• MBO: Marketing and Business Operations Division
• MC: Measurement Canada
• PDD: Program Development Directorate

The following definitions apply throughout this document:

• calibrated standard: a standard that is calibrated and certified by MC or an organization formally recognized by MC to calibrate and certify standards on its behalf.
• inspection: an inspection performed under the authority of the Weights and Measures Act. It implies that a certificate of inspection is issued. An inspection can be performed by a Measurement Canada inspector or an individual authorized by Measurement Canada through the accreditation or registration program.

The priorities stated after each recommendation are defined as follows:

• High: This recommendation has to be accepted to allow other recommendations to be effectively implemented. The stakeholders have expressed a need for this recommendation to be implemented as soon as possible.
• MC willcommence work on the implementation of the “high priority” recommendations in 2003.
• Medium: This recommendation if accepted can be started immediately or can be delayed until such time as adequate resources are available. The implementation of other recommendations are not dependant on the implementation of this recommendation.
• MC plans to commence work on the implementation of most “medium priority” recommendations in 2004. Specific target dates will be reviewed and communicated during implementation.
• Low: This recommendation, while important to stakeholders, does not require immediate implementation. Other recommendations are not dependant on this one.

Note: Implementation of some of the recommendations requires changes to the Weights and Measures Regulations. The federal regulatory amendment process involves consultation with affected Canadians and legal review of the proposed change, to ensure the amendment will achieve its intended result without disadvantaging those affected by the legislative requirement, respects Canada’s international commitments and does not conflict with other legislation. It takes an average of 12 to 18 months to change a regulation.

Recommendations

1. Standards

1. All measurement standards must be calibrated¹ (traceable).
2. All measurement standards must be recognized by Measurement Canada (MC).
3. Measurement Canada to evaluate the re-certification period to ensure that it is appropriate for the sector.

MC Decision: Recommendation accepted but only for standards used to perform inspection² work.

Considerations, conditions and / or limitations: Although Measurement Canada encourages the use of calibrated and traceable standards by all service organizations, no program nor regulation will be established to require organizations performing service work outside of MC’s accreditation or registration programs to use calibrated standards. MC is confident that stakeholders’ needs regarding measurement standards can be achieved through the adoption of a mandatory subsequent inspection requirement (Recommendation 2c) and the accreditation or registration of organizations to perform work on MC’s behalf (Recommendation 5).

Traceable means that the measurement standard’s calibration must be traceable to the “International Prototype Kilogram” (Recommendation 7 VI).

Regarding recommendation 1.II, “recognized” means certified by Measurement Canada (directly or through an approved Alternate Service Delivery (ASD) program). This means that the measurement standard’s design and construction complies with MC’s requirements.

If device owners using non-accredited/registered organizations to perform regular maintenance of their weighing devices, want to ensure that their service providers use calibrated and traceable standards, they could include such a condition in their contract.

Measurement Canada ’s evaluation of the appropriateness of re-certification periods will not be limited to standards used in the retail food sector because these types of standards are normally used in several trade sectors.

Priority: High

Responsibility Centre: PDD (Program Development Directorate)

2. a) Devices - Approval

1. The approvals program should be maintained for all trade devices.
2. The responsibility for obtaining approvals should continue to rest with the manufacturer and/or importer of the device.
3. The use of other recognized laboratories should be continued and expanded when and where efficiencies may be realized.

MC Decision: Recommendation accepted

Considerations, conditions and / or limitations: None. This reflects current MC policies and programs.

Priority: Medium

Responsibility Centre:
PDD - for I and II
ISD (Innovative Services Directorate) - for III

2. b) Devices - Initial Inspection

1. All devices to be used in trade must be Initially Inspected before use.
2. Initial inspections to be provided by an Accredited (S-A-01) Service Provider.

MC Decision: Recommendation accepted

Considerations, conditions and / or limitations: None. This reflects the current MC policies and programs.

Priority: High

Responsibility Centre:
PDD - for I
ISD - for II

2. c) Devices - Subsequent Inspections

1. Subsequent (In-Service) Inspections should be mandatory.
2. Targeting frequency to be based upon time (X years).
3. Subsequent (In-Service) inspections to be provided by recognized ASD.

MC Decision: Recommendation accepted

Considerations, conditions and / or limitations: The mandatory re-certification period for the weighing devices in this sector will be five (5) years. How and when this five year period will apply to weighing devices will be determined and communicated during TSR (trade sector review) recommendation implementation.

Subsequent inspections will only be performed by individuals/organizations formally accredited or registered by Measurement Canada .

Priority: High

Responsibility Centre:
PDD - for I and II
ISD - for III

3. Commodities

1. Measurement Canada continue to operate the Commodity Inspection program as per usual.
2. Measurement Canada and the Canadian Food Inspection Agency review their respective roles within the industry to ensure optimum use of resources.
3. Measurement Canada to determine actual compliance levels for “Clerk Serve” commodities.
4. Measurement Canada continues to be receptive to 3^rd party interest in this area.

MC Decision:
Recommendations I, II, and IV accepted
Recommendation III rejected.

Considerations, conditions and / or limitations: Measurement Canada will continue its commodity inspection program and will dedicate resources to this program based on its priorities and resource availability.

Measurement Canada does not believe that allocating resources to low-risk areas in order to determine the industry’s overall compliance would be a proper use of its limited resources. MC will continue to target areas where problems are known. If industry wishes to determine the actual compliance levels for “Clerk Serve” commodities, MC suggests that they could consider hiring an independent body to perform this work on their behalf.

Priority: Medium

Responsibility Centre:
PDD - for I and II
ISD - for IV

4. Online Retailing

1. Hold over review until next Periodic Sector Review.

MC Decision: Recommendation accepted

Considerations, conditions and / or limitations: None.

Priority: N/A

Responsibility Centre: N/A

¹calibrated standard: a standard that is calibrated and certified by MC or an organization formally recognized by MC to calibrate and certify standards on its behalf

²inspection: an inspection performed under the authority of the Weights and Measures Act. It implies that a certificate of inspection is issued. An inspection can be performed by a Measurement Canada inspector or an individual authorized by Measurement Canada through the accreditation or registration program

5. Service Industry

1. All service providers must be either recognized or monitored by Measurement Canada (MC).
2. All service providers must use recognized, certified and traceable standards.
3. All service providers must use recognized test procedures to be provided by Measurement Canada.

MC Decision: Recommendation accepted but only for service providers performing inspection² work. Measurement Canada will not recognize nor formally monitor organizations that are not accredited or registered to perform work on its behalf.

Considerations, conditions and / or limitations: Although Measurement Canada encourages the use of calibrated and traceable standards by all service organizations, no program nor regulation will be established to require organizations performing service work outside of the MC accreditation or registration program to use recognized and certified standards, and test procedures authorized by Measurement Canada. MC is confident that stakeholders’ needs regarding measurement standards can be achieved through the adoption of a mandatory subsequent inspection requirement (Recommendation 2c) and the accreditation or registration of organizations to perform work on MC’s behalf (Recommendation 5).

Measurement Canada will, however, continue to take appropriate actions to ensure compliance with legislation. Actions could be taken to ensure non-accredited/registered service providers are meeting their obligations under the Weights and Measures Act and Regulations.

MC will re-evaluate the need to establish a national program to monitor non accredited/registered service providers after the recommendations resulting from this sector review have been implemented.

If device owners using non-accredited/registered organizations to perform regular maintenance of their weighing devices want to ensure that their service providers use calibrated and traceable standards, MC recommends that they include such a condition in their contract.

MC will make its test procedures available to stakeholders through its Internet site.

Priority: Medium

Responsibility Centre: ISD (Innovative Services Directorate)

6. Complaints and Disputes

1. Disputes to be dealt with first between the primary parties (status quo).
2. Measurement Canada to remain responsible for dealing with unresolved disputes.
3. Measurement Canada increase its visibility in the marketplace.

MC Decision: Recommendation accepted

Considerations, conditions and / or limitations: Measurement Canada encourages consumers to raise their concerns or dissatisfaction with retailers at the time of the transaction in an effort to resolve issues directly with them, but will not require that they do so prior to contacting a MC office to register a complaint.

Under the Weights and Measures Act, Measurement Canada can only investigate complaints. There is no authority under the Act for resolving complaints and disputes, nor for arranging for compensation. MC will establish a policy, to be published on the MC Internet site, regarding how it intends to address and investigate complaints.

Regarding increasing its visibility, Measurement Canada will pursue initiatives that are cost-effective and appropriate for a government organization.

Priority: Medium

Responsibility Centre:
PDD (Program Development Directorate) - for I and II
MBO (Marketing and Business Operations Division) - for III

7. Alternate Service Delivery (ASD)

1. Mutual recognition of approvals laboratories to be continued and expanded when and where efficiencies may be realized.
2. Suitably recognized 3^rd parties to perform initial and subsequent inspections on Measurement Canada’s behalf must be identified.
3. Measurement Canada should provide access to test procedures and requirements to ensure all interested parties are thoroughly familiar with them.
4. ASD of choice is Accreditation to Measurement Canada Accreditation Standard (S-A-01) for Initial and Subsequent Inspection.
5. An alternate ASD program to be developed for Subsequent Inspections only.
6. MC to accept Standards Traceability to the “International Prototype Kilogram”.

MC Decision: Recommendation accepted

Considerations, conditions and / or limitations: Regarding recommendation II, the accreditation and registration programs will not be restricted to 3^rd parties. For example, a retail food chain which decides to create its own scale inspection department could apply for accreditation or registration.

With regard to recommendations IV and V, accredited organizations will be authorized to perform initial and subsequent inspections while organizations that are registered to perform inspections on MC’s behalf will only be authorized to perform subsequent inspections.

Priority: High-Medium

Responsibility Centre:
PDD - for III and VI
ISD - for I, II, IV, V, VI

8. Periodic Sector Review and Monitoring

1. Measurement Canada will establish an ongoing monitoring program that will include field inspections to monitor compliance levels for device and commodity.
2. Measurement Canada will intervene as necessary to ensure that compliance and confidence levels remain high. Critical issues must be dealt with immediately.
3. Measurement Canada will formally review the sector every 5-10 years to measure the level of satisfaction amongst the stakeholders, to assess the evolution of the sector and deal with non-critical issues.

MC Decision: Recommendation accepted

Considerations, conditions and / or limitations: Measurement Canada will monitor the marketplace and alternative service delivery providers to ensure that equity and accuracy are maintained in the retail food trade sector, and will report on performance indicators on an annual basis.

Measurement Canada will only perform periodic sector reviews when its marketplace monitoring information (e.g. MC inspections, complaints, industry data, industry ad-hoc feedback, etc.) indicates that there are signs of significant potential issues or cause for concern.

Priority: Low

Responsibility Centre: PDD

²inspection: an inspection performed under the authority of the Weights and Measures Act. It implies that a certificate of inspection is issued. An inspection can be performed by a Measurement Canada inspector or an individual authorized by Measurement Canada through the accreditation or registration program