ARCHIVED—Retail Food Trade Sector Review — Implementation

The following documentation specifically details those recommendations that were accepted by Measurement Canada’s (MC) Senior Management Committee (SMC). A complete list of the Retail Food Trade Sector Review Recommendations and SMC decisions can be reviewed on MC’s website.

1. Standards

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

Implementation Update (Jan 2009)

Service providers operating under the authority of MC to certify trade devices are required to use traceable and recognized measurement standards when they perform inspections of legal for trade devices. While the use of recognized, calibrated and traceable standards by all service and repair organizations is encouraged, MC has no authority over organizations performing this work outside of its alternative service delivery mechanisms (ASDMs). MC is not considering any new program nor legislation to require this. No further action required.

Measurement Canada now monitors calibration results for all mass standards. The as found deviations noted when a standard is returned for calibration will be used to substantiate or recommend future changes to the current calibration periods. As re-calibration periods are defined in Weights and Measures Regulation 56, they can only be changed by regulatory amendment.

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.

Implementation Update (Jan 2009)

Recommendations on device approval will not require any changes to MC’s current programs or requirements.

MC and United States have reached a bilateral agreement whereby one country recognizes the examination and tests of certain instrument types performed by the other country. This agreement is known as the Canada-US Mutual Recognition of Type Evaluation Program. The program is presently open to scales and fuel dispensers only. The agreement allows MC to perform type approval evaluations and tests of the device types mentioned on behalf of the National Conference on Weights and Measures (NCWM). The NCWM recognizes the results of the tests performed by MC for the purpose of issuing Certificates of Conformance. Each country continues to issue its own Notice of Approval (Canada) or Certificate of Conformance (NCWM).

MC has also entered into a Mutual Acceptance Arrangement (MAA) with member countries of the International Organization for Legal Metrology (OIML) for the recognition of test results in the approval of non-automatic weighing devices and their ancillary equipment. This arrangement will reduce duplication in testing and achieve quicker turn around times on measuring device approvals by allowing the participating countries to use the test reports from other participating countries in their own approval process.

These types of programs could be expanded to other countries in the future.

No further action required.

2. b) Devices - Initial Inspection

I.All devices to be used in trade must be Initially Inspected before use.

Implementation Update (Jan 2009)

Recommendation 2 b) I. will not require any changes to MC’s current programs or requirements. MC will maintain the initial inspection requirement where all devices that are intended to be used in trade must be initially inspected prior to their first use .

No further action required.

II. Initial inspections to be provided by an Accredited (S-A-01) Service Provider.

Implementation Update (Jan 2009)

MC’s Accreditation Program is open to all sectors permitting companies to become authorized by MC to perform both initial and subsequent inspection work. In order to meet this recommendation, MC restricted the scope of the Registration Program in the retail food sector by only granting subsequent inspection work, under its terms and conditions.

No further action required.

2. c) Devices - Subsequent Inspections

I.Subsequent (In-Service) Inspections should be mandatory.

II. Targeting frequency to be based upon time (5 years).

Implementation Update (Jan 2009)

Implementing a mandatory five year re-verification of weighing devices in the retail food sector will require legislative review and amendments to the Weights and Measures requirements.

Consultation on possible legislative amendments, including these related to the trade sector review recommendations, has been completed by the Legislative and Regulatory Affairs Division. MC will propose recommendations for possible legislative amendments.

MC must determine when the mandatory five year re-verification can commence.

III.Subsequent (In-Service) inspections to be provided by recognized alterative service providers (ASPs).

Implementation Update (Jan 2009)

MC has expanded the registration program to the retail food sector for subsequent inspection work only. The accreditation program was already open to all sectors for both subsequent and initial inspection work. Both programs permit companies to become authorized by MC for device inspection. Interested organizations should contact their local MC district office for more information on MC’s Authorized Service Provider Programs or visit the MC website.

No further action required.

3. Commodities

I.MC continue to operate the Commodity Inspection program as per usual.

II. MC and the Canadian Food Inspection Agency (CFIA) review their respective roles within the industry to ensure optimum use of resources.

IV.MC continues to be receptive to 3rd party interest in this area.

Implementation Update (Jan 2009)

MC is continuing its commodity inspection programs at its discretion as part of marketplace monitoring and continue to target areas where problems are known. Presently, no ASDM has been identified or is contemplated for commodity inspection work.

There is currently no MOU (memorandum of agreement) between MC and CFIA and the roles of the two groups are quite clear with respect to retail food. Prepackaged retail food and store packaged retail food fall to the CFIA and individually measured, clerk served food falls to MC as do devices such as scales. In conjunction with current TSR work, MC is communicating with CFIA to further clarify our respective roles with respect to specific food groups such as fruits and vegetables, meat and poultry, eggs and other food products.

4. Online Retailing

I.Hold over review until next Periodic Sector Review.

Implementation Update (Jan 2009)

No further action required.

5. Service Industry

I .All service providers must be either recognized or monitored by MC.

II. All service providers must use recognized, certified and traceable standards.

III.All service providers must use recognized test procedures to be provided by MC.

Implementation Update (Jan 2009)

Service providers operating under the authority of MC to certify trade devices are required to use traceable and recognized measurement standards when they perform inspections of legal for trade devices. While the use of recognized, calibrated and traceable standards by all service and repair organizations is encouraged, MC has no authority over organizations performing this work outside of its ASDMs. MC is not considering any new program nor legislation to require this.

No further action required.

6. Complaints and Disputes

I.Disputes to be dealt with first between the primary parties (status quo).

II. MC to remain responsible for dealing with unresolved disputes.

Implementation Update (Jan 2009)

MC is committed to investigating all complaints received regardless of the trade sector or MC’s level of intervention in it.

An investigation will normally include an inspection of the weighing or measuring system in question, a review of the invoice or bill of lading and could also involve an inspection of the prepackaged or bulk commodity.

MC has no authority under the Act to provide resolution nor compensation. MC will, however, provide a complainant with pass/fail results of the inspection and if during the investigation a suspected device was found to be in non-compliance with Weights and Measures requirements, further appropriate enforcement actions would ensue to ensure the device was repaired or replaced. MC must ensure that access to information and privacy requirements established by the federal government are respected.

Measurement Canada is in the process of developing and will issue a policy clearly outlining what information from complaint inspections/investigations can be provided to complainants.

III.MC increase its visibility in the marketplace.

Implementation Update (Jan 2009)

MC is presently examining how the department is displayed in the government blue pages of telephone directories with a view to improve MC’s accessability. MC publications were recently updated in 2006 and are scheduled to be re-evaluated later this fiscal year 2008/2009.

MC recently created numerous kiosks for use in trade fairs, consultations and association meetings to further promote and enhance MC programs and services. As well, MC contracted to develop a five minute promotional video for all audiences to explain the mandate of MC and the importance of measurement accuracy.

MC is set to launch a new website that will feature an enhanced consumer portal.

Other initiatives are ongoing and further updates will be announced as they become available.

7. Alternative Service Delivery (ASD)

I.Mutual recognition of approvals laboratories to be continued and expanded when and where efficiencies may be realized.

Implementation Update (Jan 2009)

Recommendations on device approval will not require any changes to MC’s current programs or requirements.

MC and United States have reached a bilateral agreement whereby one country recognizes the examination and tests of certain instrument types performed by the other country. This agreement is known as the Canada-US Mutual Recognition of Type Evaluation Program. The program is presently open to scales and fuel dispensers only. The agreement allows MC to perform type approval evaluations and tests of the device types mentioned on behalf of the National Conference on Weights and Measures (NCWM). The NCWM recognizes the results of the tests performed by MC for the purpose of issuing Certificates of Conformance. Each country continues to issue its own Notice of Approval (Canada) or Certificate of Conformance (NCWM). This type of program may be expanded to other countries in the future.

No further action required.

II. Suitably recognized 3rd parties to perform initial and subsequent inspections on MC’s behalf must be identified.

Implementation Update (Jan 2009)

MC’s ASD programs will not be limited to 3^rd parties. Organizations who maintain their own devices are not restricted from applying for either accreditation or registration programs. MC maintains and publishes lists of registered and accredited service providers who are authorized to perform inspection work on behalf of MC.

No further action required.

III.MC should provide access to test procedures and requirements to ensure all interested parties are thoroughly familiar with them.

Implementation Update (Jan 2009)

MC has developed and maintains a mass-related web page where anyone with access to the internet can find a wide variety of information on mass-related measurement. MC’s Field Inspection Manual will provide ready access to all the mass-related test procedures.

No further action required.

IV.ASD of choice is Accreditation to MC Accreditation Standard (S-A-01) for Initial and Subsequent Inspection.

V. An alternate ASD program to be developed for Subsequent Inspections only.

Implementation Update (Jan 2009)

MC has expanded the registration program to the retail food sector for subsequent inspection work only. The accreditation program was already open to all sectors for both subsequent and initial inspection work. Both programs permit companies to become authorized by MC for device inspection. Interested organizations should contact their local MC district office for more information on MC’s Authorized Service Provider Programs or visit the MC website.

No further action required.

VI.MC to accept Standards Traceability to the “International Prototype Kilogram”.

Implementation Update (Jan 2009)

MC will maintain traceability to the “International Prototype Kilogram”, MR-1 and other national standards held by the NRC as identified by Schedule IV of the Weights and Measures Act. Traceability to any other standards would require revision and amendments to the Weights and Measures Act.

No further action required.

8. Periodic Sector Review and Monitoring

I.MC will establish an ongoing monitoring program that will include field inspections to monitor compliance levels for device and commodity.

II. MC will intervene as necessary to ensure that compliance and confidence levels remain high. Critical issues must be dealt with immediately.

Implementation Update (Jan 2009)

MC will continue to monitor the marketplace to ensure measurement accuracy and equity in the retail food trade sector. MC has developed new Marketplace Monitoring Programs and performance indicators in all trade sectors where MC intervenes. MC’s programs and policies are in place to intervene whenever inequities are discovered.

III.MC 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.

Implementation Update (Jan 2009)

In the future, MC will conduct less formal periodic reviews in trade sectors already reviewed. MC will not conduct a formal review unless marketplace monitoring information demonstrates the need.

MC will continue to monitor the retail food trade sector.

Currently, there is no plan to conduct a formal, follow-up review of the trade sector.