American red tape ties up Canadian food at border

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Published: September 19, 2002

Canadian food exporters, already facing beefed up inspection at the

crucial United States border, fear more border congestion and delay

will develop if bio-terrorism legislation approved by the U.S.

Congress, takes effect.

“I think if this unfolds as it looks now, it will be a real crisis for

exporters,” said Patrick Clair, customs compliance co-ordinator for

Maple Leaf Foods Inc. of Toronto.

There is agreement from Ron Doering, former president of the Canadian

Food Inspection Agency and now an Ottawa consultant on food law and

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regulation.

“Unless there is some change of American plan or some exemption for

Canada, this could pose a significant problem for food exporters,” he

said from his Ottawa office.

The threat is the U.S. Bio-terrorism Food Security bill, passed June 12

by Congress and requiring new border security rules within 18 months of

its passage.

The law would force companies exporting to the U.S. to register with

the Food and Drug Administration and then give prior notice to border

customs staff and inspectors of each shipment. There would be increased

inspection at the border.

“This would be a real nightmare for us getting supplies to our

customers on a just-in-time basis, and also increase the likelihood of

perishable products sitting at the border,” said Clair.

Maple Leaf sends up to 100 trucks south each day “and we’re far from

the largest shipper, but it would be a huge headache for us.”

Last spring when the legislation was being debated in Washington, an

angry agriculture minister Lyle Vanclief said he warned that Canada

could retaliate if onerous new border controls were imposed.

“What I was saying to the deputy secretary of health was since we have

virtual equivalence on food safety between our two countries, why would

we need another 9,000 or 10,000 pieces of paper a day to say we are

going to be at the Detroit border at 12:05 tomorrow with a truckload of

food products?”

But despite the threat and protests, food industry officials say there

has been no indication from Washington that Canada will win any

reprieve or exemption.

“The ideal scenario would be to push the border to the perimeter of

North America for the purposes of this bill,” said Chris Kyte,

president of Food Processors of Canada. “I have not heard that talks

are on about that, or that there would be any chance.”

He said industry fears U.S. authorities will use increased staff and

tougher border inspection rules to play some protectionist games to

keep out competitive product.

“What happens if they start playing politics using these new powers of

delay and inspection?” Kyte said. “That would be a disaster and there

is a real potential.”

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