Thank you, Madam Chair.
My name is Joel Taller. I'm legal counsel to the Canadian Health Food Association, the CHFA.
On behalf of the association, I'd like to thank this committee for the important work you do and the opportunity to appear before you to address an important piece of legislation, Bill C-6.
The CHFA is Canada's largest national trade association dedicated to the natural and organic products industry. Our members represent the entire supply chain, including growers, manufacturers, retailers, wholesalers, distributors, and importers involved in a variety of industry subsectors, such as vitamin and mineral supplements, herbal products, homeopathics, sports nutrition products, natural and organic fibres, and health and beauty aids. The products support Canadians seeking to enhance and maintain health and well-being and together represent an industry worth more than $3.5 billion annually.
Our interest in Bill C-6 stems in part from our disappointment that natural health products were not specifically articulated as being exempt from Bill C-6 and our concern with respect to some of the new powers proposed in Bill C-6, which might find their way into future amendments to the Food and Drugs Act. We have written the minister expressing our concern that natural health products were not specifically mentioned as exempt from Bill C-6 and we have received a positive response from the minister indicating that amendments will be proposed that address our concern. We hope this committee will support any proposed amendment that will specifically articulate in the proposed legislation that natural health products will be exempt.
We also believe in the importance of having a variety of powers available to both the Minister of Health and inspectors, should it be necessary. As a $3.5-billion industry in Canada, the majority of our industry is small and medium-sized enterprises that are working hard to comply with the current regulations. As a regulated industry built on innovation, the economic impact of heavy enforcement without the necessary checks and balances is not acceptable. While we are pleased to see that the government recognizes the need for enhanced powers, nonetheless it will be important for those granted these additional powers to understand their limits. It remains our concern that there should be reasonable oversight with respect to the exercise of those powers.
Over the years, our members and the industry as a whole have argued for an appropriate legislative and regulatory framework that recognizes the unique and low-risk nature of natural health products. The 1998 Standing Committee on Health's 53 recommendations, contained in the report entitled “Natural Health Products: A New Vision”, gave stakeholders hope that their voice had been heard by the federal government.
The first recommendation was for the creation of a definition for “natural health products” distinct from food and drugs, and for the Food and Drugs Act to be amended accordingly. Stakeholders were told by Health Canada in 1998 that the most expedient way to implement the decisions of the standing committee was not to wait for an amendment to the Food and Drugs Act, but rather, in the interim, accept the implementation of the natural health product regulations, with NHPs defined therein as a “subset” of drugs.
This was only to be a short-term fix until such time as the Food and Drugs Act as it was amended was part of a more comprehensive review. Not only is this perception of NHPs being a subset of drugs troubling, but many within the industry believe this has resulted in a shift in the interpretation by the regulator of a regulatory framework bringing those requirements more in line with drugs.
Our members have expressed concern that their experiences with the natural health products directorate no longer appear to follow the original intent of the standing committee. In many cases the expectations that have been applied to NHPs are the same as or more stringent than those applied to drugs, including drugs that were previously approved by Health Canada. This is not acceptable.
Make no mistake, the CHFA is committed to the highest level of consumer safety. That said, the principle of smart regulation is not reflected in the experience of our members. Despite the generally low-risk nature of NHPs, in many cases our industry is experiencing the very same regulatory rigours as drugs. In today's economy, the Canadian public is not well served by a regulatory regime that hinders innovation with no discernible increase in consumer protection. These are safe and well-designed products, for which the regulatory framework should promote, not impede, innovation, bringing to Canadians new, safe, and high-quality products, allowing them to take charge of their health while allowing the industry to create jobs across the country.
The natural health products and organic industry believes in providing safe, effective, and high-quality products to Canadians working to enhance and maintain health and well-being. We therefore recognize the need to ensure that all products are safe. Our industry believes contaminated products should be removed from the marketplace and not be made available for sale. This is critical to the continued growth of our industry in Canada.
In closing, CHFA hopes that this committee will support amendments that will specifically reflect that natural health products are exempt from Bill C-6 and ensure that the suite of powers provided for in Bill C-6 are subject to reasonable checks and balances that will ensure the health of Canadians while permitting those who are subject to those powers an opportunity to respond in an appropriate manner and within a reasonable timeframe.
Thank you very much for your time this evening.