top of page

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 and/or audit firms

CARs, non-compliances and disagreement disputes 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:

​

  • Something is wrong or has been wrong

  • That everything did not go as planned during operations

  • That the preventive measures were not strong/efficient enough to realize that a loss of control was possible or possibly imminent

  • That corrective measures were not strong/efficient enough to correct the situation

  • That the staff did not react well/quickly enough at the time

  • That staff training needs to be improved/refreshed

​

The time is therefore ideal to take moment to make a diagnosis and draw up a complete portrait to obtain the most detailed and clear situation status 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/comply with as well as the documents resulting from the regulations will complete the whole set.

​

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 a non-compliance.

​

Remember that when a CAR or a major non-compliance is issued; you and your team are probably in solution , emergency or panic mode, etc ... It is therefore important to bring together all the stakeholders involved and obtain the most accurate information on the situation before taking additional measures that would only aggravate the case.

​

Contacts with the regulatory authority and audit firms are essential and will not end anytime soon; so it is better to consider them with respect and the most diplomatic 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 through submitting an action plan:

​

  • You can consult the representatives of the regulatory authority, but they now have an obligation to explain and show you the compliance requirements that you must meet and not to tell you how to do it.

  • This is one of the big changes since the new Safe Food for Canadians Regulations (SFCR ) came into effect. This allows to comply with compliance requirements in multiple ways thus giving more flexibility to the industry

  • 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

    • the problem is that it sometimes leads to a deaf dialogue , i.e. that you are told that your action plan is not valid simply because it does not allow you to comply with regulatory requirements but nothing more

    • the advantage this can have is that part of your action plan could be deemed acceptable and this would allow you to move forward

    • Do not forget to include in your action plan additional checks , sampling and analyzes by your laboratory or an external certified laboratory if necessary

  • You can consult the representatives of the audit firm and, in some cases, they will be able to assist you a bit or suggest external resources to consult, but remember that their status as auditor does not allow them to act in as judge and party

  • 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 challenging/disputing a CAR or major non-compliance issued by the regulatory authority or some form of audit:

​

  • Be sure to review all applicable compliance requirements in detail.

  • Make sure to base your protest or appeal on the science and information contained in applicable regulatory texts , norms and/or standards

  • 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 law and/or the regulations

  • Do not hesitate to consult an external resource ; which will bring credibility to your approach

  • Do not forget to include in your argument and your protest or appeal:

  • Be sure to find points of regulation, a mention in a regulatory requirement, a standard or a norm that can support your argument leading to the dispute or to the appeal

​

We are able to help you submit your action plans to resolve or dispute a CAR or major non-compliance issued by the regulatory authority or an audit firm so that you are able minimize the impact on your operations and on any issue that prevents you from meeting regulatory and normative compliance requirements and those of your customers (including those stipulated in the GFSI standards). This will make it possible to add more credibility to your approach, to more easily resolve difficult situations and conflicts with the regulatory authority, audit firms as well as with clients . It will save you time/money, 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 .

​

bottom of page