Feeds Act (R.S.C., 1985, c. F-9)

Short Title

Marginal note:Short title

1 This Act may be cited as the Feeds Act.

Interpretation

Marginal note:Definitions

2 In this Act,

analyst

analyst means a person designated as an analyst pursuant to section 6; (analyste)

conveyance

conveyance means a vessel, aircraft, train, motor vehicle, trailer or other means of transportation, including a cargo container; (véhicule)

document

document means anything on which information that is capable of being understood by a person, or read by a computer or other device, is recorded or marked; (document)

environment

environment means the components of the Earth and includes

• (a) air, land and water,

• (b) all layers of the atmosphere,

• (c) all organic and inorganic matter and living organisms, and

• (d) the interacting natural systems that include components referred to in paragraphs (a) to (c); (environnement)

establishment

establishment means any place, including a conveyance, where a feed is manufactured, stored, packaged or labelled; (établissement)

feed

feed means any substance or mixture of substances containing amino acids, anti-oxidants, carbohydrates, condiments, enzymes, fats, minerals, non-protein nitrogen products, proteins or vitamins, or pelletizing, colouring, foaming or flavouring agents and any other substance manufactured, sold or represented for use

• (a) for consumption by livestock,

• (b) for providing the nutritional requirements of livestock, or

• (c) for the purpose of preventing or correcting nutritional disorders of livestock,

or any substance for use in any such substance or mixture of substances; (aliments)

inspection mark

inspection mark means a prescribed mark, stamp, seal, product legend, word or design or any combination of those things; (sceau d’inspection)

inspector

inspector means a person designated as an inspector pursuant to section 6; (inspecteur)

item to which this Act applies

item to which this Act applies means

• (a) a feed,

• (b) anything used in an activity regulated under this Act, and

• (c) a document that is related to a feed or to any activity regulated under this Act; (chose visée par la présente loi)

label

label includes any legend, word, mark, symbol or design applied or attached to, included in, belonging to or accompanying any feed or package; (étiquette)

livestock

livestock means any animals designated by regulation as livestock for the purposes of this Act; (animaux de ferme)

Minister

Minister means the Minister of Agriculture and Agri-Food; (ministre)

package

package includes a sack, bag, barrel, case or any other container in which feeds are placed or packed; (emballage)

penalty

penalty means an administrative monetary penalty imposed under the Agriculture and Agri-Food Administrative Monetary Penalties Act for a violation; (sanction)

prescribed

prescribed means prescribed by regulation; (Version anglaise seulement)

sell

sell includes agree to sell, offer for sale, expose for sale or have in possession for sale or distribute to one or more persons; (vente)

Tribunal

Tribunal means the Review Tribunal continued by subsection 27(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act; (Commission)

violation

violation means any contravention of this Act or the regulations that may be proceeded with in accordance with the Agriculture and Agri-Food Administrative Monetary Penalties Act. (violation)

Prohibitions

Marginal note:Absence of registration, etc.

• 3 (1) No person shall manufacture, sell or import into Canada any feed unless the feed

  • (a) has, in accordance with the regulations, been approved by the Minister or registered;

  • (b) conforms to prescribed standards; and

  • (c) is packaged and labelled in accordance with the regulations.

• Marginal note:Exception

  (2) Paragraphs (1)(a) and (b) do not apply to any feed consisting of whole seeds or grains of cultivated farm crops if it is free from prescribed deleterious substances.

• Marginal note:Feed presenting risk of harm

  (3) No person shall manufacture, sell, import or export in contravention of the regulations any feed that presents a risk of harm to human or animal health or the environment.

Marginal note:Prescribed activity with licence or registration

3.1 No person shall conduct a prescribed activity in respect of a prescribed feed that has been imported for sale — or that is to be exported or to be sent or conveyed from one province to another — unless the person is authorized to do so by a registration made under subsection 5.2(1), by a licence issued under that subsection or by both such a registration and licence, as provided for in the regulations.

Marginal note:Prescribed activity in registered establishment

3.2 No person shall conduct a prescribed activity in respect of a prescribed feed that has been imported for sale — or that is to be exported or to be sent or conveyed from one province to another — unless the activity is conducted in an establishment registered under subsection 5.3(1) in accordance with the regulations.

Marginal note:Use of inspection mark

• 3.3 (1) Unless authorized by the regulations, no person shall

  • (a) apply or use an inspection mark; or

  • (b) advertise or sell anything if the thing has an inspection mark on it or an inspection mark is used in connection with the thing.

• Marginal note:Use of similar mark

  (2) No person shall

  • (a) apply or use a thing that so resembles an inspection mark that it is likely to be mistaken for it; or

  • (b) advertise or sell anything that has on it a thing referred to in paragraph (a) or that has a thing referred to in that paragraph used in connection with it.

• Marginal note:Presumption

  (3) A person found in possession of anything referred to in paragraph (1)(b) or (2)(b) is considered, in the absence of evidence to the contrary, to be in possession of it for the purpose of advertising or selling.

Marginal note:Recall order — Canadian Food Inspection Agency Act

3.4 No person shall sell a feed that is the subject of a recall order referred to in subsection 19(1) of the Canadian Food Inspection Agency Act.

Marginal note:Exemption

4 This Act does not apply in respect of a feed that is manufactured by a livestock producer if it is not sold and has not had incorporated into it any drug or other substance that presents a risk of harm to human or animal health or the environment.

Regulations

Marginal note:Regulations

• 5 (1) The Governor in Council may make regulations

  • (a) respecting applications for registration or for approval of feeds and the information to be furnished with the applications;

  • (b) respecting the registration of feeds and prescribing fees for registration;

  • (b.1) respecting the approval of feeds;

  • (c) respecting the duration and cancellation of the registration or approval of feeds;

  • (c.1) respecting the manufacturing, sale, importation or exportation of any feed that presents a risk of harm to human or animal health or the environment;

  • (c.2) respecting the sending or conveying from one province to another or the importation or exportation of any feed;

  • (c.3) respecting the manufacturing or sale of any feed that is to be exported or to be sent or conveyed from one province to another;

  • (c.4) respecting the sale of any feed that has been imported;

  • (d) exempting, with or without conditions, any item to which this Act applies, or a person or activity in respect of a feed, from the application of this Act or the regulations or a provision of this Act or the regulations;

  • (e) prescribing the form, composition and other standards for feeds;

  • (e.1) prescribing standards for the manufacturing or the safety of feeds;

  • (e.2) prescribing inspection marks in respect of any feeds and regulating their application or use;

  • (f) respecting the packaging and labelling of feeds and packages thereof;

  • (g) respecting the taking of samples and the making of analyses for the purposes of this Act;

  • (g.1) requiring persons to take or keep samples of any feed, or its package or label, and to provide the Minister or an inspector with, or with access to, those samples, and respecting the manner in which those samples are to be taken or kept and the manner in which they are to be provided or access to them is to be provided;

  • (h) providing that feeds registered under this Act and containing a pest control product as defined in subsection 2(1) of the Pest Control Products Act are, in prescribed circumstances and subject to prescribed conditions, deemed to be registered under that Act;

  • (h.1) respecting

    • (i) the registration of persons or the issuing of licences to persons under section 5.2 or the registration of establishments under section 5.3,

    • (ii) the suspension, cancellation and renewal of those licences and registrations, and

    • (iii) the amendment of those licences and registrations or of any of the conditions to which they are subject by reason of subsection 5.2(3) or 5.3(4);

  • (h.2) respecting quality management programs, quality control programs, safety programs, preventive control plans or any other similar programs or plans to be implemented by persons who conduct any activity regulated under this Act;

  • (i) designating specific animals, including birds, as livestock for the purposes of this Act;

  • (j) respecting the detention, preservation and safeguarding of anything seized under section 9;

  • (k) respecting the disposition of anything forfeited under section 9;

  • (k.1) respecting the evaluation of a feed, including regulations respecting

    • (i) the provision of samples of the feed,

    • (ii) the provision of information in respect of the feed, including information that

      • (A) permits the feed to be distinguished from other feeds, and

      • (B) is required for evaluating the potential impact of the feed on, and the risk of harm posed by the feed to, human and animal health and the environment, and

    • (iii) the evaluation of the potential impact of the feed on, and the risk of harm posed by the feed to, human and animal health and the environment;

  • (k.2) requiring persons to prepare, keep or maintain documents and to provide the Minister or an inspector with, or with access to, those documents, and respecting

    • (i) the information in those documents,

    • (ii) the manner in which they are to be prepared, kept or maintained,

    • (iii) the place where they are to be kept or maintained, and

    • (iv) the manner in which they are to be provided or access to them is to be provided;

  • (k.3) respecting the issuance of certificates or other documents for the purpose of section 5.5;

  • (l) prescribing anything else that by this Act is required to be prescribed; and

  • (m) generally, for carrying out the purposes and provisions of this Act.

• Marginal note:Paragraphs (1)(c.1) and (c.2)

  (2) Regulations made under paragraph (1)(c.1) or (c.2) may, among other things, establish preclearance or in-transit requirements for any imported feed or anything imported with it.

• Marginal note:Paragraph (1)(k.2)

  (3) Regulations made under paragraph (1)(k.2) may, among other things, require persons who conduct any activity regulated under this Act and who become aware that a feed presents a risk of harm to human or animal health or the environment or does not meet the requirements of the regulations to provide written notice to that effect to the Minister or an inspector.

Incorporation by Reference

Marginal note:Incorporation by reference

• 5.1 (1) A regulation made under subsection 5(1) may incorporate by reference any document, regardless of its source, either as it exists on a particular date or as it is amended from time to time.

• Marginal note:Accessibility

  (2) The Minister must ensure that any document that is incorporated by reference in a regulation made under subsection 5(1), including any amendments to the document, is accessible.

• Marginal note:Defence

  (3) A person is not liable to be found guilty of an offence or subjected to an administrative sanction for any contravention in respect of which a document that is incorporated by reference in a regulation made under subsection 5(1) is relevant unless, at the time of the alleged contravention, the document was accessible as required by subsection (2) or it was otherwise accessible to the person.

• Marginal note:No registration or publication

  (4) For greater certainty, a document that is incorporated by reference in a regulation made under subsection 5(1) is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference.