

“NAVIGATING THE CANADIAN MARKETPLACE” THROUGH TOWN HALL
MEETINGS
Information is power in avoiding 'gotchas' when exporting
to Canada
Consider this scenario: You follow to the letter the labels of every
crop-protection chemical material used in producing your crop. You go
the extra mile with product testing, and all’s well. Your product
is loaded and sent on its way to the Canadian marketplace … until
you get word the trucks have been turned away at the border, rejected as
adulterated. The problem? A chemical used during production either
wasn’t registered in Canada, or the maximum residue level is too
high.
It’s not a far-fetched scenario. In fact, says Mike Aerts,
FFVA’s director of membership and marketing, it happens more often
that you’d think. It’s just one of many pitfalls for Florida
growers who want to do business with Canada.
AN UNTAPPED MARKET
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Mike Aerts, FFVA's director of membership and marketing,
explains potential pitfalls of exporting goods to Canada during a recent
'town hall meeting.'
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FFVA recently conducted a series of town hall meetings,
“Navigating the Canadian Marketplace,” throughout the state.
Joint sponsors were the Canadian Produce Marketing
Association and the
Dispute
Resolution Corp.
Florida exported $736 million in agricultural goods to Canada in
2007, the latest year for which figures are available, according to the
Canadian government. Exports of live, fresh or chilled crop products
totaled $333.4 million. Fresh tomatoes are a leading export crop,
accounting for about 10 percent of Florida’s production every
year.
Three out of every four dollars spent in Canada on fresh produce are
spent on imported produce, yet Florida products represent only a
fraction (about 6 percent in 2008) of all of Canada’s fresh
produce imports.
That indicates the untapped opportunities for Florida producers. But
there are numerous challenges and a lot of potential for
“gotchas,” Aerts told those who attended the meetings in six
locations throughout Florida and Georgia. A team of presenters outlined
a variety of information growers need to know in order to do business in
Canada.
ASSURING 'SMOOTH FLOW OF PRODUCT'
Anne Proctor, vice president of policy and issue management for the
Canadian Produce Marketing Association, and Adrian Abbott, CPMA’s
board chairman, kicked off the meeting with an overview of how their
organization works to resolve trade issues. CPMA’s Grower/Shipper
Committee and North American Trade Committee (which includes the Produce
Marketing Association and United Fresh Produce Association), both work
to facilitate trade. Additionally, an issues management working group of
representatives from government and regulatory agencies within Canada
provides a forum to encourage discussion of issues.
“We’re all about making sure there is a smooth flow of
product,” Proctor said.
The good news is that Canada is a great market. The flip side is that
it’s not a good market in which to be paid, said Pat Hanemann of
Farm2Market Agribusiness Consulting Inc.
“We all work really hard. But after all the blood, sweat and
tears, if we don’t get our bills paid we can’t pay our bills
in return,” he said. Growers have experienced problems with slow
payments or no payments at all, he said. That’s where the Dispute
Resolution Corp. comes in.
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Adrian Abbot, chairman of the Canadian Produce Marketing
Association, explains how his organization works to resolve trade
issues.
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The U.S.’s Perishable Agricultural Commodities Act has no legal
standing in Canada, so the DRC was formed about 10 years ago to
facilitate North American trade by providing commercial dispute
resolution services to buyers and sellers of fresh fruits and
vegetables. Hanemann, who helped found DRC and has worked with it since,
compared its services to other options available to growers who have
payment claims -– the judicial system and the Canadian Food
Inspection Agency. DRC has a broader ability than either to address
disputes over quality, condition and payments, and to arbitrate awards
that are binding and enforceable, he said. Hanemann offered as evidence
DRC’s track record: 87 percent of all submitted disputes are
resolved informally, generally with in 50 days. More than 150
arbitrations have been concluded since its founding in 1999, and awards
are usually issued within seven months of an initial filing.
LABELING REQUIREMENTS CAN BE TRICKY
From a food safety standpoint, buyer expectations in Canada
don’t differ much from those in the United States, Proctor said.
They expect their suppliers to have the ability to trace back product
and want on-farm food-safety programs to be compatible with GlobalGap.
Labeling is a different story. The requirements can be a minefield
for the uninformed. Sally Blackman, manager of food safety and nutrition
for CPMA, helps companies navigate the labeling and language
regulations.
Labeling is subject to inspection, and non-compliant labeling could
be considered an infraction, Blackman said. Bulk, prepackaged items and
master shipping containers are exempt from most labeling, she said. That
includes unpackaged product or product bundled with a small band, in
clear wrap or in open bags.
For prepackaged products, label requirements can include the common
name, net contents, country of origin, grade (if applicable), ingredient
list, nutrition facts label – although most products are
exempt from this, Blackman said – with the nutrition presented in
the Canadian-formatted table. Required information must be in English
and French. In Quebec, the bar is higher: Any information on a package
– including recipes – must be in both languages, and the
French translation must be displayed as prominently as the English.
The same holds true for the PLU sticker. Product sold anywhere in
Canada must have required PLU information in both languages. Additional,
non-required information on the PLU also must be in French for any
product sold in Quebec. Blackman recommends including only required
information on the PLU to avoid additional costs and the risk of being
non-compliant.
CPMA’s Web site offers its members a reference for data
required on PLUs at www.cpma.ca/en_ind_plu.asp. Information also
is available at www.PLUcodes.com. CPMA also offers an
online fresh fruit and vegetable labeling tool to guide its members
through the labeling process.
WORKING TO HARMONIZE MRLs
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Anne Proctor, vice president of policy and issue management for the
Canadian Produce Marketing Association, said her organization is "all
about making sure there is a smooth flow of product" between the U.S.
and Canada.
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Perhaps one of the biggest potential pain points for companies wanting
to sell in Canada is the country’s decision to change its allowed
maximum residue levels (known as tolerances in the United States) for
crop-protection chemicals from an “inadvertent” or default
tolerance of 0.1 part per million for residues of any material to a
system of maximum residue levels (MRLs) for produce, much like the
system we operate under in the United States. What’s more,
many of the materials used in the United States are not registered in
Canada, so there are chemical/commodity interactions where no MRL exists
at all.
FFVA and other industry groups are “doing everything we can on
the front end of the curve to make sure there’s no trade
disruption,” Aerts said. This potential trade irritant has become
a priority for not just grower organizations but for government
officials on both sides of the borders, and registrants as well.
An industry initiative is underway to identify and prioritize
crop-protection chemicals. Information is being gathered from Florida
growers and compiled in a database that serves as a source for
registrants and regulators alike to understand which materials are most
important to producers.
The database, found at www.uscanadagrowerprioritydatabase.com, is
funded by a Technical Assistance for Specialty Crops grant from
USDA’s Foreign Agricultural Service. It compares Canadian MRLs and
U.S. tolerances so registrants and regulators can see exactly where to
direct their efforts in getting those numbers to match.
Why is it important for registrants? U.S. growers who want to export
won’t buy products that don’t have a corresponding MRL in
Canada (or Japan, or the European Union, or Korea), so registrants are
more likely to register or at least establish an MRL for their products
there. The database also gives regulators valuable information in making
decisions about which labels to review and in what order.
It’s a complex issue, and there is much work to be done. Some
chemicals are registered in the United States but don’t have a use
in Canada – such as products used for citrus, Aerts said. And many
times, MRLs are stricter in Canada than they are here. For example,
Captan is used in Florida on strawberries, but berries with legal U.S.
Captan tolerances would be declared adulterated in Canada.
On a larger scale, the MRL harmonization issue has attracted the
attention of the European Union and other countries, Aerts said. The
topic was the focus of the 2007 Global Minor Use Summit in Rome, with
the differences in MRLs for specialty crops discussed among the
countries represented. “Harmonization efforts are going
forward,” Aerts said. “Countries are cooperating in reviews
on chemicals. That’s a positive, because we need as much
cooperation as possible.
“The world is small, and until we get this
harmonization effort completed correctly, we have to make sure that
before we ship commodities to other countries they are within legal
specifications of the country where we’re shipping,” he
added.
Grower participation is key to making the harmonization effort
succeed, however, Aerts said. FFVA still needs information from growers
on priority crop-protection tools so it can be added to the
database. For example, $45 million worth of peppers are shipped to
Canada from Florida every year, but the database doesn’t include
any information on the crop. Aerts invites growers to contact FFVA by
phone or e-mail with any questions or to provide information on
expanding or refining the database.
In the meantime, growers can check the database to see the Canadian
MRLs for materials they are using to avoid those so-called
“gotchas.”
“We don’t want a trade irritant to pop up because an MRL
issue reared its ugly head in the process,” Aerts said.