Expertise and support during a dispute
Expertise and/or support in the event of disputes about CARs, non-compliances or disputes with the regulatory authority or audit firms
The challenges of CARs , non-compliances and the arguments are not to be taken lightly
This is why having the expertise and support during a dispute, whatever it may be, is a precious asset .
Most of the time when a CAR or a major non-compliance is issued it is the signal that:
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Something is wrong
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That everything did not go as planned during operations
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That the preventive measures were not enough to realize that a loss of control was possible or possibly imminent
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That corrective measures were not enough to correct the situation
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That the staff did not react well at the time
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That staff training needs to be improved
The time is therefore ideal to take a moment, make a diagnosis and draw up a complete portrait to obtain the most detailed and clear situation description possible before going any further. This work is done as a team by involving all sectors and/or departments of your establishment; even those you don't believe are de facto involved.
The best tools you can use to assess the situation are program documents, forms, procedures, test results, etc. that you already have. The reference documents of the norms and standards that you must respect as well as the documents resulting from the regulations will complete the whole.
Make sure everything is complete, up to date and compliant
Make sure everything is complete, up-to-date and compliant before going ahead to prepare and submit an action plan or to dispute a CAR or non-compliance.
Do not forget that at the time a CAR or a major non-compliance is issued; you and your team are probably in solution mode, emergency, panic, etc ... It is important to bring together all stakeholders involved and get the most accurate information about the situation before taking further action which would that aggravate the case.
Contacts with the regulatory authority and audit firms are essential and will not end anytime soon; so it is better to view them with respect and in the most cordial way possible.
Submit an action plan or challenge: that is the question
Here are your main options to resolve a CAR or major non-compliance issued by the regulatory authority or an audit firm by submitting an action plan:
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You can consult the representatives of the regulatory authority but they now have the obligation to explain and show you the compliance requirements that you must meet and not tell you how to do it.
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This is one of the big changes since the new Safe Food for Canadians Regulations (SFCR) came into effect. This allows compliance with regulatory requirements in multiple ways thus giving more flexibility
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You can prepare an action plan describing the corrective measures following the visit, inspection or audit and submit it to the representatives of the regulatory authority
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The problem is that it sometimes leads to a deaf dialogue, i.e. you are told that your action plan is not valid simply because it does not allow you to meet regulatory compliance requirements but nothing more
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The advantage this can have is that part of your action plan could be deemed acceptable and this would allow you to move forward
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Remember to include in your action plan additional checks, sampling and analyzis by your laboratory or an external certified laboratory if necessary
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You can consult the representatives of the audit firm and, in some cases, they may assist you a little or suggest external resources to consult, but remember that their auditor status does not allow them to act in as judge and party
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Call on an external resource to take advantage of the expertise and support of a neutral person not involved in the case who can take a fresh look and help you find solutions more quickly by assisting you with the design, the '' application and validation of the corrective measures to be taken, before submitting your action plan. It will also bring credibility to your approach
Submit an action plan or challenge: that is the question
Here are your main options for opposing to a CAR or major non-compliance issued by the regulatory authority or some form of audit:
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Be sure to review all applicable compliance requirements in detail.
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Make sure to base your protest or appeal on the science and information contained in applicable regulatory texts, norms and/or standards
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Remember that documents incorporated by reference are very useful because they also have the force of law even if they do not form an integral part of the acts and/or the regulations
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Do not hesitate to consult an external resource; which will bring credibility to your approach
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Do not forget to include in your argument and your protest or appeal:
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Additional checks
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New data when possible
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Sampling and analysis by your laboratory or an external certified laboratory if necessary
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An expert report by an external resource
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Be sure to find points of regulation, mentions in a regulatory requirement, a standard or a standard where you can support your argument leading to the dispute or to the appeal
We are able to help you to submit your action plans or dispute a CAR or a major non-compliance issued by the regulatory authority or an audit firm so that you are able to minimize the impacts on your operations and on any issue that prevents you from meeting regulatory and normative compliance requirements and those of your clients (including those stipulated in the GFSI standards). This will add more credibility to your approach, more easily resolve difficult situations and conflicts with the regulatory authority and audit firms as well as clients . It will save you time , it will be used for the training of your staff and it will help to maintain harmonious relations with the regulatory authority, audit firms and clients .