Vol. 135, No. 39 — September 29, 2001

Regulations Amending the Fish Inspection Regulations

Statutory Authority

Fish Inspection Act

Sponsoring Agency

Canadian Food Inspection Agency

REGULATORY IMPACT ANALYSIS STATEMENT

Description

This proposed amendment is the result of the Canadian Food Inspection Agency's (CFIA) commitment to respond to the Canadian fish processing industry's concerns regarding existing saltfish regulations. These regulations are out-of-date given the current technological state of the saltfish industry and the demands of the international saltfish marketplace.

The intent of this proposed amendment to the Fish Inspection Regulations (FIR) is to:

1. better facilitate the marketing of saltfish in the international marketplace through the revision and updating of the sections of the FIR pertaining to saltfish and saltfish products so that they correspond to present processing practices made possible through technological advances in the industry, as well as to changes in market requirements;

2. provide the industry with flexibility to meet marketplace buyer demands and specifications by:

a. making the grading of saltfish voluntary, rather than mandatory,

b. revising current saltfish class, grade, size and moisture content requirement criteria and nomenclature, and

c. permitting greater flexibility in labelling of saltfish and saltfish products destined for the international marketplace;

3. enhance consistency and uniformity in the grading of saltfish and saltfish products by clearly defining styles of pack and presentation, the three classes of saltfish, and the characteristics which describe each grade of saltfish;

4. in the process, continue to achieve appropriate levels of food safety and consumer protection.

In keeping with CFIA's mandate to develop and promote appropriate product standards that contribute to the achievement of acceptable quality, safety and identity of fish and fish products, and in response to an industry request, the Fish, Seafood and Production Division established a joint industry/government saltfish working group (SWG), chaired by the CFIA and consisting of CFIA officials and industry participants, the latter being identified by the Fisheries Council of Canada.

The SWG was established in March 1991, and subsequently met on seven separate occasions to develop a modern, technologically relevant, user- and market-friendly saltfish standard consisting of a revised series of proposed general requirements applying to all saltfish, as well as specific regulatory requirements regarding new class, grade, size and moisture content nomenclature and substantially updated criteria for the determination of individual grades, all of which have been consolidated in a new saltfish standard that shall be incorporated in the FIR. All relevant procedural instructions which inspectors and industry utilize in inspecting saltfish products will be included in Chapter 5 of the Fish Products Standards and Methods Manual for easy reference.

History

The saltfish industry on the Atlantic coast dates back to the arrival of the first fishermen from Europe in the 1500s or even earlier. They salted and dried codfish during the summer months in Newfoundland and Labrador and returned home in late fall with their product. From this early beginning, the saltfish industry progressed into permanent fishing villages catching and processing saltfish for European markets. In the green state, fish is a very perishable product. Temperature and relative humidity are the two principal controlling factors in fish conservation, and since the earliest of times and up to the advent of modern controlling techniques, preservation of fish was made possible through the use of salt and drying.

Over time, new markets were developed and variations of the original recipe were used to meet the requirements of these new markets. In order to control the quality of exported saltfish and to promote trade, the federal government regulated classes of saltfish based upon market requirements and processing techniques of that time. Three classes of saltfish and several grades were created. Size and moisture content designations were developed for each class.

The Current Situation

Over the past 50 years, technological advances, changes in marketplace demands and the development of new markets have made the existing regulations obsolete. The arrival of splitting machines, mechanical dryers and refrigeration at all levels of the processing and distribution chain have permitted radical changes in the way saltfish is prepared and marketed. Consumer and market requests for variations of the existing classes and grades, as well as the trend towards less salty products in recent years, have made our regulations out-of-date. Because of our very rigid regulations, which require that all saltfish be classed and graded according to the existing Regulations unless exempted by the CFIA, we have, over the last 15 years, expended considerable time and money preparing exemptions to meet market requests.

Because of the current situation, the SWG worked towards revising the Regulations in such a manner as to:

(i) make the use of the standard voluntary,
(ii) more clearly define the three classes of saltfish,
(iii) change the name of the class "Gaspé Cure Slack Salted Fish" to "Slack Salted Fish," and
(iv) revise and update the criteria for determining grade, size and moisture content so that they correspond to present market requirements.

The revision of the definitions for the saltfish classes, as well as of the criteria for determining the various grades of saltfish, will result in uniform grading and inspection of saltfish, thus promoting a level playing field for all partners, and will permit strict control of fraudulent practices. The renaming of the class "Gaspé Cure Slack Salted Fish" as "Slack Salted Fish" removes any regional connotation that could be associated with the term Gaspé cure. The resulting revision of the saltfish Regulations and standard will permit the saltfish industry to market its products without the restraints of an outdated regulation which requires mandatory grading to a standard that no longer meets the requirements of the markets. There will be flexibility to prepare new types of products, to develop new markets and to expand existing ones.

Alternatives

Status Quo

The status quo is not an acceptable alternative, considering that the revision was carried out following a request from industry, and with the full participation of the saltfish industry. Because the present Regulations do not correspond to current technological production practices, or to current marketplace requirements, and have essentially been replaced by a costly and time-consuming exemption process, a new and better way of doing business is essential.

Deregulation

Deregulation is not an acceptable alternative. The saltfish industry has constantly argued that the survival of the industry, and the fair, non-fraudulent marketing of saltfish products depends on a revised, flexible standard based on Government-regulated minimum standards of quality and safety, and voluntary use of grades to designate or specify levels of quality above minimal standard. The industry has been adamantly opposed to the elimination of the Regulations and the standard relating to the grading of saltfish.

Saltfish products have been marketed using a classification and grading system for more than a century, and the elimination of regulatory controls would adversely affect the viability of the industry. However, based on the recommendations of the SWG, action has been taken to remove regulations which are no longer required or have outlived their usefulness, such as the section permitting the Minister to exempt salted fish from the requirements of certain sections of the Regulations.

Benefits and Costs

Benefits to the industry will be a level playing field for all processors, the strict control of fraudulent practices, as well as consistent and uniform grading and inspection of saltfish products through the updating of the classification and grading standard, and by clearly defining the three classes of saltfish and the criteria used in grading saltfish.

Making the classification and grading of saltfish voluntary will be beneficial to the industry, in that industry will have more flexibility and opportunity in being entrepreneurial in developing new products and new markets. Industry will be able to carry out its functions and responsibilities in a more cost effective manner because the new regulations correspond to present processing practices and market requirements, and also because the new standard will be voluntary and therefore the costly and time-consuming process of obtaining exemptions will be eliminated.

The initial cost to industry to train personnel to these changes will be minimal considering that industry participated actively in the revision of the Regulations, and therefore already have in-depth knowledge of the changes.

Benefits to the CFIA will be a reduction in the administration of saltfish inspections which is being carried out currently through the laborious exemption process, as well as increased uniformity in inspections, and the use of an easy to apply and understand standard for saltfish.

There will be no substantial additional costs to the Government. Training costs can be considered negligible, as it has already been determined that because of the present use of regional interpretations of the existing Regulations and the exemption process presently in place, national training is necessary, even if we continue with the existing Regulations.

Consultation

Extensive consultations were carried out with the saltfish industry from 1991 to 1996. Representatives from all saltfish producing regions of Canada, including Newfoundland and Labrador, Nova Scotia, Prince Edward Island and Quebec actively participated at seven separate meetings held throughout Eastern Canada. All concerned producer associations and brokers were represented at these meetings. Two communiqués from the Director General of the Fish Inspection Directorate of the Department of Fisheries and Oceans (the Directorate became the Fish, Seafood and Production Division of the CFIA) were sent to all registered processing establishments in 1997, describing the proposed changes to the FIR, with a copy of the new proposed standard, soliciting their comments, suggestions and concerns on the proposed changes.

In November 1997, the Director General met with representatives of the saltfish industry with the goal of finalizing the proposal. At this meeting, a compromise solution by the Quebec and Nova Scotia industries on the renaming of the class Gaspé Cure Slack Salted Fish resolved the outstanding issue remaining in finalizing the new saltfish regulations and standard. Saltfish producers from New Brunswick expressed concerns over the compromise, and, for that reason, an additional meeting with a representative of the New Brunswick Provincial Government was held in March 1998. In September of 1998, a proposal from the New Brunswick Department of Fisheries and Aquaculture on the issue of renaming Gaspé Cure Slack Salted Fish was forwarded to the CFIA for consideration. The proposal was overruled because the criteria or conditions outlined in the proposal were outside the control or mandate of the CFIA.

Compliance and Enforcement

No major changes will occur in the application or enforcement of the Regulations as a result of these modifications.

Inspection services will be provided and the Fish Inspection Regulations will be enforced in the usual manner. Action in accordance with the Fish Inspection National Enforcement Policy will be taken to deal with non-compliance. Depending on the severity of the infraction, actions from the provision of warnings, up to and including charges could be taken.

Contact

Cameron Prince, Director, Fish, Seafood and Production Division, Canadian Food Inspection Agency, 59 Camelot Drive, Nepean, Ontario K1A 0Y9, (613) 225-2342, extension 4212 (Telephone), (613) 228-6607 (Facsimile).

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to section 3 (see footnote a) of the Fish Inspection Act, proposes to make the annexed Regulations Amending the Fish Inspection Regulations.

Interested persons may make representations with respect to the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Mr. Cameron Prince, Director, Fish, Seafood and Production Division, Canadian Food Inspection Agency, 59 Camelot Drive, Nepean, Ontario K1A 0Y9. Telephone: (613) 225-2342 (4212); Fax: (613) 228-6607.

Ottawa, September 20, 2001

RENNIE M. MARCOUX
Acting Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE FISH INSPECTION REGULATIONS

AMENDMENTS

1. (1) Subparagraph 26(1)(c)(ii) of the Fish Inspection Regulations (see footnote 1) is repealed.

(2) Subparagraph 26(1)(c)(vi) of the Regulations is replaced by the following:

(vi) in the case of salted fish, as specified in Part VIII,

2. Sections 103 to 120 (see footnote 2) of the Regulations and the heading "General" before section 103 are replaced by the following:

Application

103. This Part applies in respect of salted fish that has been prepared from members of the Gadidae family of groundfish, including cod, haddock, pollock, hake, cusk and ling.

Interpretation

104. The words and expressions used in this Part that do not have a meaning assigned to them by the Act or these Regulations have the same meaning as in the Salt Fish Standard, dated May 24, 2001, published by the Canadian Food Inspection Agency.

General

105. Salted fish shall be kench or pickle cured and packaged in a container according to class, grade, size and moisture content unless otherwise specified in these Regulations.

106. Every container of salted fish shall be labelled with one of the following designations:

(a) "salted fish" if the fish has been split along the backbone, either by hand or by mechanical means, has had the backbone partially removed and has been salted;

(b) "skinned boneless salted fish fillets" if the fish consists of fillets that have had all the bones removed;

(c) "skinned semi-boneless salted fish fillets" if the fish consists of fillets that have had all bones, except pin bones, removed;

(d) "skinned boned salted fish fillets" if the fish consists of fillets that

(i) for containers of 500 g or less, have a maximum of two bones per container, including pin bones, and
(ii) for containers of more than 500 g, have a maximum of two bones per fillet, including pin bones;

(e) "skinned semi-boned salted fish fillets", if the fish consists of fillets that

(i) for containers of 500 g or less, have a maximum of two bones per container, excluding pin bones, and
(ii) for containers of more than 500 g, have a maximum of two bones per fillet, excluding pin bones;

(f) "fibred salted fish", if the fish consists of fillets that have been ground up, regardless of the type of fillet presentation;

(g) "salted fish trimmings", if the fish consists of pieces of flesh resulting from the trimming of the edges of fish;

(h) "salted fish chunks", if the fish consists of uniform pieces of flesh;

(i) "bone-in salted fish", if the fish is a split fish, which may be cut or scored to conform to the size of a package and may have the tail removed;

(j) "salted fish bits" or "bone-in salted fish bits", if the fish consists of various sized pieces of flesh, which may include trimmings and chunks;

(k) "boneless salted fish bits", if the fish consists of various sized pieces of flesh, which may include trimmings and chunks, with all the bones removed; or

(l) "boned salted fish bits", if the fish consists of various sized pieces of flesh, which may include trimmings and chunks, with a maximum of two bones per 500 g.

107. Every designation of class, grade, size or moisture content that is on a label affixed to a container of salted fish shall conform with

(a) section 114 in respect of designations of class;

(b) section 115 in respect of designations of grade;

(c) subject to paragraph 109(1)(a), column 2 of the applicable table to section 116 in respect of designations of size; and

(d) columns 1 and 2 of the applicable table to section 117 in respect of designations of moisture content.

108. If a grade is declared on a label affixed to a container of salted fish, the applicable class shall also be declared on the label.

109. (1) If a class is declared on a label affixed to a container of salted fish

(a) any declaration of size on the label shall be in accordance with column 1 or 2 of the applicable table to section 116; and

(b) any declaration of moisture content on the label shall be in accordance with column 1 or 2 of the applicable table to section 117.

(2) Any label affixed to a container of slack salted fish that contains a declaration of class shall also contain a declaration of the moisture content.

(3) If no class is declared on a label affixed to a container of salted fish,

(a) the applicable designation set out in section 106 may be used on the label;

(b) no grade designation may be used on the label;

(c) size may only be declared on the label by means of units of measurement; and

(d) moisture content may only be declared on the label in terms of a range of percentages.

110. The moisture content for all salted fish, except for green heavy salted fish, shall not exceed 54%.

111. No container of salted fish shall contain more than one species of fish.

112. Boneless, semi-boneless, boned and semi-boned salted fish shall be packed in new, clean containers that are impervious to moisture or are completely lined with parchment or wax paper.

113. Salted fish from which the colour pink or red, caused by the presence of halophilic bacteria from the Pseudomonas salinaria and Sarcina littoralis groups, has been removed shall not be packed unless at the time of packing no pink or red colour is showing and the moisture content of the fish does not exceed 38%.

Classes

114. The following class designations may be used for salted fish:

(a) "slack salted fish", for salted fish that, after the curing process is complete, has a maximum salt content of 25% of the dry weight of the fish and has a colour and odour characteristic of slack salted fish;

(b) "light salted fish", for salted fish that, after the curing process is complete, has a maximum salt content of 33% of the dry weight of the fish and has a colour and odour characteristic of light salted fish; and

(c) "heavy salted fish", for salted fish that, after the curing process is complete, has a salt content of more than 33% of the dry weight of the fish, has a colour and odour characteristic of heavy salted fish and has a maximum moisture content of

(i) 54%, in the case of dried heavy salted fish, or
(ii) 65%, in the case of green heavy salted fish.

Grades

115. The following grade designations may be used for salted fish if it is not tainted, decomposed or unwholesome:

(a) for slack salted fish with a moisture content of more than 42% but not more than 48%,

(i) "select", if the fish meets or exceeds the following minimum requirements:

(A) it is whole, thick, well split, firm, smooth-faced and clean,

(B) it has a colour and odour characteristic of slack salted fish, and

(C) it does not show any of the following: liver stains, discolorations, blood clots, bellyburn, heat burn, laptail, cracks, holes, dun, salt and viscera,

(ii) "choice", if the fish meets or exceeds the following minimum requirements:

(A) it is whole, moderately thick, moderately well split, firm, slightly rough-faced and clean,

(B) it has a colour and odour characteristic of slack salted fish,

(C) it does not show any of the following: bellyburn, heat burn, dun and viscera, and

(D) the presence of each of the following is slight: liver stains, discolorations, blood clots, laptail, cracks, holes and salt,

(iii) "standard", if the fish meets or exceeds the following minimum requirements:

(A) it is whole, thin, poorly split, slightly soft, rough-faced, moderately clean and free from dun,

(B) it has a colour and odour characteristic of slack salted fish,

(C) the presence of each of the following is slight: bellyburn, heat burn, salt and viscera, and

(D) the presence of each of the following is moderate: liver stains, discolorations, blood clots, laptail, cracks and holes,

(iv) "commercial" if the fish meets or exceeds the following minimum requirements:

(A) it is whole, very thin, very poorly split, soft, very rough-faced, poorly washed and free from dun,

(B) the presence of each of the following is moderate: bellyburn, heat burn, salt and viscera, and

(C) the presence of each of the following is high: liver stains, discolorations, blood clots, laptail, cracks and holes, and

(v) "utility", if the fish is at least one half of a whole fish;

(b) for slack salted fish with a moisture content of no more than 42%,

(i) "choice", if the fish meets or exceeds the grade requirements of any of subparagraphs (a)(i) to (iii) and the fish has an amber cast on its face, and
(ii) "royale", if the fish meets or exceeds the grade requirements of subparagraph (a)(iii) or (iv);

(c) for light salted fish,

(i) "choice", if the fish meets or exceeds the following minimum requirements:

(A) it is whole, moderately thick, moderately well split, firm, slightly rough-faced and clean,

(B) it has a colour and odour characteristic of light salted fish,

(C) it does not show any of the following: bellyburn, heat burn, dun and viscera, and

(D) the presence of each of the following is slight: liver stains, discolorations, blood clots, laptail, cracks, holes and salt,

(ii) "standard", if the fish meets or exceeds the following minimum requirements:

(A) it is whole, thin, poorly split, slightly soft, rough-faced and moderately clean,

(B) it has a colour and odour characteristic of light salted fish,

(C) the presence of each of the following is slight: bellyburn, heat burn, dun and viscera, and

(D) the presence of each of the following is moderate: liver stains, discolorations, blood clots, laptail, cracks, holes and salt,

(iii) "commercial", if the fish meets or exceeds the following minimum requirements:

(A) it is whole, very thin, very poorly split, soft, very rough-faced and poorly washed,

(B) it has a colour and odour characteristic of light salted fish,

(C) the presence of each of the following is moderate: bellyburn, heat burn, dun and viscera, and

(D) the presence of each of the following is high: liver stains, discolorations, blood clots, laptail, cracks, holes and salt, and

(iv) "utility", if the fish is at least one half of a whole fish;

(d) for dried heavy salted fish

(i) "choice", if the fish meets or exceeds the following minimum requirements:

(A) it is whole, moderately thick, moderately well split, firm, slightly rough-faced and clean,

(B) it has a colour and odour characteristic of dried heavy salted fish,

(C) it does not show any of the following: bellyburn, heat burn, dun and viscera, and

(D) the presence of each of the following is slight: liver stains, discolorations, blood clots, laptail, cracks, holes and salt,

(ii) "standard", if the fish meets or exceeds the following minimum requirements:

(A) it is whole, thin, poorly split, slightly soft, rough-faced and moderately clean,

(B) it has a colour and odour characteristic of dried heavy salted fish,

(C) the presence of each of the following is slight: bellyburn, heat burn, dun and viscera, and

(D) the presence of each of the following is moderate: liver stains, discolorations, blood clots, laptail, cracks, holes and salt,

(iii) "commercial", if the fish meets or exceeds the following minimum requirements:

(A) it is whole, very thin, very poorly split, soft, very rough-faced and poorly washed,

(B) it has a colour and odour characteristic of dried heavy salted fish,

(C) the presence of each of the following is moderate: bellyburn, heat burn, dun and viscera, and

(D) the presence of each of the following is high: liver stains, discolorations, blood clots, laptail, cracks, holes and salt, and

(iv) "utility", if the fish is at least one half of a whole fish;

(e) for green heavy salted fish,

(i) "choice", if the fish meets or exceeds the following minimum requirements:

(A) it is whole, moderately thick, moderately well split, firm, slightly rough-faced and clean,

(B) it has a colour and odour characteristic of green heavy salted fish,

(C) it does not show any of the following: bellyburn, dun and viscera, and

(D) the presence of each of the following is slight: liver stains, discolorations, blood clots, laptail, cracks and holes,

(ii) "standard", if the fish meets or exceeds the following minimum requirements:

(A) it is whole, thin, poorly split, rough-faced, slightly soft and moderately clean,

(B) it has a colour and odour characteristic of green heavy salted fish,

(C) the presence of each of the following is slight: bellyburn, dun and viscera, and

(D) the presence of each of the following is moderate: liver stains, discolorations, blood clots, laptail, cracks and holes, and

(iii) "commercial", if the fish meets or exceeds the following minimum requirements:

(A) it is whole, very thin, very poorly split, soft, very rough-faced and poorly washed,

(B) the presence of each of the following is moderate: bellyburn, dun and viscera, and

(C) the presence of each of the following is high: liver stains, discolorations, blood clots, laptail, cracks and holes; and

(f) for heavy salted fish fillets,

(i) "choice", if the fillet meets or exceeds the following minimum requirements:

(A) it is firm, slightly rough-faced and clean,

(B) it has a colour and odour characteristic of heavy salted fish,

(C) it does not show any of the following: blood clots, bellyburn, dun and viscera, and

(D) the presence of each of the following is slight: liver stains, discolorations, cracks, holes, salt, pieces of skin, ragged edges and tears, and

(ii) "standard", if the fillet meets or exceeds the following minimum requirements:

(A) it is soft, rough-faced and clean,

(B) it has a colour and odour characteristic of heavy salted fish,

(C) it does not show any of the following: dun and viscera,

(D) the presence of each of the following is slight: blood clots and bellyburn, and

(E) the presence of each of the following is moderate: liver stains, discolorations, cracks, holes, salt, pieces of skin, ragged edges and tears.

Size

116. The designations of size for the classes of salted fish referred to in the tables to this section, as set out in column 2 of those tables, correspond to the lengths set out in column 1 of those tables.

TABLE 1

SLACK SALTED FISH

Item	Column 1 Length (mm)	Column 2 Designation
1.	Under 305	Extra small
2.	305 or greater but under 406	Small
3.	406 or greater but under 510	Medium
4.	510 or greater but under 610	Large
5.	610 or greater	Extra large

TABLE 2

LIGHT SALTED FISH, GREEN HEAVY SALTED FISH AND DRIED HEAVY SALTED FISH

Item	Column 1 Length (mm)	Column 2 Designation
1.	Under 290	Extra small
2.	290 or greater but under 406	Small
3.	406 or greater but under 533	Medium
4.	533 or greater but under 635	Large
5.	635 or greater	Extra large

TABLE 3

HEAVY SALTED FISH FILLETS

Item	Column 1 Length (mm)	Column 2 Designation
1.	Under 406	Small
2.	406 or greater but under 510	Regular
3.	510 or greater but under 635	Large
4.	635 or greater	Jumbo

Moisture Content

117. The designations of moisture content for the classes of salted fish referred to in the tables to this section, as set out in column 2 of those tables, correspond to the moisture content set out in column 1 of those tables.

TABLE 1

SLACK SALTED FISH

Item	Column 1 Moisture content (%)	Column 2 Designation
1.	Maximum 38	Extra hard dry or 38
2.	More than 38 but not more than 42	Hard dry or 42
3.	More than 42 but not more than 48	Dried or 48

TABLE 2

LIGHT SALTED FISH, GREEN HEAVY SALTED FISH AND DRIED HEAVY SALTED FISH

Item	Column 1 Moisture content (%)	Column 2 Designation
1.	Maximum 38	Hard dry
2.	More than 38 but not more than 40	Dry
3.	More than 40 but not more than 44	Semi-Dry
4.	More than 44 but not more than 50	Ordinary Cure
5.	More than 50 but not more than 54	Soft Dry

COMING INTO FORCE

3. These Regulations come into force on the day on which they are registered.

[39-1-o]

Footnote a

S.C. 1997, c. 6, s. 53

Footnote 1

C.R.C., c. 802

Footnote 2

SOR/81-374; SOR/96-364; SOR/2000-184

NOTICE:
The format of the electronic version of this issue of the Canada Gazette was modified in order to be compatible with extensible hypertext markup language (XHTML 1.0 Strict).