CFIA Tightens Infant Formula Controls: HS 1901.10 and 2106.90 Import Condition Changes June 2026

What Changed

CFIA published updates to its Automated Import Reference System (AIRS) on June 24, 2026, modifying import conditions for two infant formula HS codes:

HS 1901.10.7100 – Infant formula, milk-based (preparations of cereals, flour, starch, or milk)

HS 2106.90.7246 – Infant formula (food preparations not elsewhere specified)

The Chapter 19 entry now splits on commercial packing status. CFIA added distinct conditions for end use “Human consumption” under two miscellaneous code branches: “Commercially packed” and “Not commercially packed.”

Chapter 21 modified conditions for the 2106.90 line, also under end use “Human consumption,” though the gazette notice didn’t specify a packing-status split there. That asymmetry matters when you’re coding the CAD.

Why It Matters at the Border

Infant formula has always carried OGD requirements. Safe Food for Canadians Regulations (SFCR) demand a licence for commercial imports, and CFIA inspects for labelling, composition, and fortification compliance. These AIRS updates don’t introduce new substantive rules; they rearrange how the system routes your entry.

But routing changes break release automation. If your broker’s AIRS query returns the wrong condition set because the miscellaneous code field is blank or incorrect, CBSA’s system won’t clear the OGD hold. The shipment sits at the port or sufferance warehouse until someone manually reconciles the mismatch.

We’ve seen this pattern with every AIRS restructure: the first two weeks after publication, release times stretch because brokers are still using cached condition tables and CBSA officers are learning the new branches. Infant formula moves fast in retail supply chains. A three-day hold on a pallet of commercially packed tins destined for a grocery chain is a stockout.

Commercial vs. Non-Commercial Packing

CFIA defines “commercially packed” as sealed consumer-ready units—tins, cartons, pouches—labelled in accordance with SFCR and the Food and Drug Regulations. “Not commercially packed” typically means bulk powder in drums or totes destined for secondary manufacturing or repackaging in Canada.

The distinction has always existed in SFCR licensing and facility registration requirements. What’s new is that AIRS now forks the import condition tree at the miscellaneous code level within HS 1901.10.71. Your CAD filing has to declare packing status explicitly, and the CFIA permit or licence number you cite has to match the declared category.

If you’re filing a commercial retail shipment but the miscellaneous code field is empty or set to a generic default, AIRS may route the entry through the bulk-import condition branch, which expects a different Safe Food for Canadians licence class. CBSA won’t release until CFIA confirms the right paperwork. That’s a manual intervention, and manual means delay.

What Brokers Need to Do

Update your tariff reference tables. If you’re pulling AIRS conditions from a static extract dated before June 24, 2026, your system doesn’t know about the new branches.

Verify miscellaneous code mappings. HS 1901.10.71 now requires the packing-status misc code at line-item level on the CAD. If your client’s purchase order or commercial invoice doesn’t specify packing type, ask before you file. Don’t guess.

Cross-check the CFIA licence. The Safe Food for Canadians Licence (SFCL) your client holds should state the activity: import for retail sale, import for further manufacturing, etc. The AIRS condition branch expects that activity code to align with the misc code you declared. If it doesn’t, the OGD release fails.

Flag the change to importers. Most trade compliance people at food importers know they need a CFIA licence. Fewer know that AIRS routing now depends on how they describe the shipment to the broker. If they send you an invoice that says “infant formula” with no packing detail, you can’t file a clean CAD under the new structure.

HS 2106.90.7246 Nuance

The Chapter 21 update is narrower. HS 2106.90 is the residual basket for food preparations not elsewhere specified—protein powders, meal replacements, nutritional supplements. Infant formula lands here when it doesn’t fit the cereal/milk base definition in 1901.10.

The AIRS notice modified conditions for 2106.90.7246 under end use “Human consumption,” but didn’t call out a packing-status split. That suggests CFIA is treating this line as a single branch for now. Still, double-check the current AIRS extract. If your client imports both milk-based (1901.10) and soy or hydrolyzed formulas (2106.90), the filing requirements just diverged.

Timing and Transition

AIRS updates are effective immediately on publication. There’s no grace period. CBSA and CFIA expect brokers to file against the current condition set from day one.

In practice, we see a two-week window where release processing is inconsistent. Officers at some ports query the old branches out of habit, then escalate when the OGD code doesn’t match. Other ports enforce the new routing strictly and hold shipments until the CAD is amended.

If you filed infant formula entries in the 48 hours after June 24 and they’re sitting in OGD hold status, check whether the miscellaneous code field matches the new AIRS structure. Amend the CAD if needed and resubmit the CFIA release request. Waiting for CBSA to figure it out costs days.

Beyond Infant Formula

This update is narrow, but the pattern is worth watching. CFIA has been gradually splitting AIRS conditions by end use and processing status across food categories—meat, dairy, produce—as part of the SFCR implementation that started in 2019 and is still rolling out.

Every time CFIA publishes a new branch in AIRS, brokers face the same problem: our filing systems rely on static tariff tables, but AIRS is a dynamic regulatory database. The lag between CFIA publication and vendor updates to classification tools and brokerage software creates a release-hold risk window.

If you handle a lot of CFIA-regulated goods—food, feed, fertilizer, seeds, animals—subscribe to the AIRS update notices directly and cross-reference them against your active product codes every month. Waiting for your software vendor to push an update means you’re filing blind.

What Importers Should Ask Their Broker

Does your broker’s system pull live AIRS queries or rely on a cached condition table? If cached, how often is it refreshed?

Do your commercial invoices specify packing status for infant formula? If not, add it. “Commercially packed retail units, 900g tins” is enough.

Is your Safe Food for Canadians Licence number on file with your broker, and does the activity class on the licence match what you’re importing?

If you’re using a freight forwarder that also handles customs clearance, make sure the same team sees the CFIA licence and the packing detail. Hand-offs between freight and brokerage desks are where miscellaneous codes go missing.

We update our AIRS reference tables within 24 hours of CFIA publication and flag affected clients the same day. If your last infant formula entry cleared fine two weeks ago but today’s shipment is stuck in OGD hold, the June 24 AIRS update is the likely cause. Get in touch and we’ll pull the CAD to check the condition routing.

Source: CSCB