STATEMENT OF LEGAL AUTHORITY
AND COMMITMENT FROM CANADIAN FOOD INSPECTION AGENCY NOT
TO PUBLICLY DISCLOSE NON-PUBLIC INFORMATION SHARED
BY THE U. S. FOOD AND DRUG ADMINISTRATION (US FDA),
U.S. DEPARTMENT OF HEALTH HUMAN SERVICES
The United States Food and Drug Administration (USFDA), a part of the United States Department of Health and Human Services, is authorized under 21 C.F.R. § 20.89 (“Communications with Foreign Government Officials”) to disclose non-public information to the Canadian Food Inspection Agency (USFDA) regarding USFDA regulated products as part of cooperative law enforcement or cooperative regulatory activities.
The Canadian Food Inspection Agency understands that some of the information it receives from USFDA may include non-public information exempt from public disclosure under the laws and regulations of the United States of America, such as confidential commercial information; trade secret information; personal privacy information; law enforcement information; or internal, pre-decisional information.
The Canadian Food Inspection Agency understands that this non-public information is shared in confidence, and that USFDA considers it critical that the Canadian Food Inspection Agency maintains the confidentiality of the information. Public disclosure of this information by Canadian Food Inspection Agency could seriously jeopardize any further scientific and regulatory interactions between USFDA and the Canadian Food Inspection Agency. USFDA will advise the Canadian Food Inspection Agency of the non-public status of the information at the time that the information is shared.
Therefore, the Canadian Food Inspection Agency certifies that it:
- has the authority to protect the non-public information provided to it in confidence by the USFDA from public disclosure;
- will not publicly disclose the USFDA-provided non-public information without the written authorization of the owner of the information, the written authorization from the individual who is the subject of the personal privacy information, or a written statement from the USFDA that the information no longer has non-public status;
- will inform USFDA within two working days of any effort made to obtain USFDA-provided non-public information from it by judicial or legislative mandate. If such judicial or legislative mandate orders disclosure of USFDA-provided non-public information, it will take all measures in an effort to ensure that the information will be disclosed in a manner that protects the information from public disclosure; and
- will promptly inform USFDA of any changes to the Canadian laws, or CFIA policies or procedures that would affect it’s ability to honor the commitments in this document.
___________/s/___________ Date: 03/12/18
Signature of President of CFIA
Richard B. Fadden
Print or Type Foreign government Official
President of Canadian Food Inspection Agency
Title of foreign government agency official
Canadian Food Inspection Agency
Name of Foreign government agency
59 Camelot Drive
Telephone and facsimile:
(613) 225-2342 telephone
(613) 228-6608 facsimile