Feeds Regulations, 2024 (SOR/2024-132)

Interpretation

Marginal note:Definitions

• 1 (1) The following definitions apply in these Regulations.

  Act

  Act means the Feeds Act. (Loi)

  Agency

  Agency means the Canadian Food Inspection Agency established by section 3 of the Canadian Food Inspection Agency Act. (Agence)

  biotechnology

  biotechnology means the application of science and engineering to the direct or indirect use of living organisms or parts or products of living organisms in their natural or modified forms. (biotechnologie)

  carrier

  carrier means a single ingredient feed or water used to facilitate the handling of a feed and its incorporation into ingredient market formulations, premixes, feed or water. The use of a carrier does not alter the feed’s intended effect and purpose. (support)

  cattle

  cattle means animals of the species Bos taurus or Bos indicus. (bœuf)

  caution statement

  caution statement means a statement concerning animal health hazards or safe product handling or storage. (précaution)

  complete feed

  complete feed means a mixed feed that, when used for the type and class of livestock stated on the label, provides all of the nutrients necessary for the maintenance of life or for promoting production, except water and, in the case of ruminants and horses, roughage. (aliment complet)

  contaminant

  contaminant means any micro-organism, chemical substance, extraneous material or other substance that may present a risk of harm to human or animal health or the environment, including any substance that is not permitted under these Regulations or that does not comply with any limits or levels provided under these Regulations. (contaminant)

  custom medicated feed

  custom medicated feed means a medicated feed that is manufactured in accordance with a veterinary prescription that prescribes a medicating ingredient

  • (a) that is not set out in the Compendium of Medicating Ingredient Brochures for the species of livestock for which the feed is intended; or

  • (b) that is of a brand, level or compatibility or that has a caution statement or warning statement that differs from that set out in the Compendium of Medicating Ingredient Brochures in respect of that particular ingredient, for the species of livestock for which the feed is intended. (aliment médicamenté sur mesure)

  customer formula feed

  customer formula feed means a mixed feed that is manufactured by a feed manufacturer

  • (a) for feeding their livestock; or

  • (b) in accordance with a written order that is signed by a purchaser if

    • (i) the order states the name of each single ingredient feed, medicating ingredient set out in the Compendium of Medicating Ingredient Brochures or type of product set out in the Compendium of Non-Feed Products, and their respective amounts, to be used in the manufacture of that feed or to be added to other mixed feeds that conform to the standards prescribed in these Regulations,

    • (ii) the feed does not contain a pest control product as defined in subsection 2(1) of the Pest Control Products Act, and

    • (iii) the feed is not intended for resale. (aliment préparé selon la formule du client)

  disposed of in a safe manner

  disposed of in a safe manner means disposed of, other than by human or animal consumption, in a manner that does not present a risk of harm to human or animal health or the environment. (éliminer de façon sécuritaire)

  facilitating agent

  facilitating agent means a single ingredient feed in an amount not exceeding the amount set out in the Canadian Feed Ingredients Table or a specialty feed used according to its directions for use that is added to another feed for the purpose of improving or conserving some or all of the nutrient content or of aiding or improving the manufacturing or handling properties of that other feed. The use of a facilitating agent does not alter the purpose of any feed into which it has been mixed. (substance auxiliaire)

  holder of the approval

  holder of the approval means a person who has been provided with a written notice under subsection 9(1) confirming that approval of a feed that is manufactured by or for a government, academic or private research establishment for research or experimental purposes has been given. (titulaire de l’approbation)

  identification code

  identification code means any combination of letters or figures or letters and figures by which a lot of feed can be traced during manufacture and distribution. (code d’identification)

  medicated feed

  medicated feed means a mixed feed that contains a medicating ingredient. (aliment médicamenté)

  medicating ingredient

  medicating ingredient means a drug for which a drug identification number is assigned under subsection C.01.014.2(1) of the Food and Drug Regulations or for which a letter of authorization for use in emergency treatment has been issued to a veterinarian under subsection C.08.010(1) of those Regulations and that is intended

  • (a) for use in the prevention or treatment of disease in livestock; or

  • (b) to affect the structure or any function of the body of the livestock. (substance médicatrice)

  micro-ingredient

  micro-ingredient means any vitamin, micro-mineral, flavour ingredient, medicating ingredient and any type of product set out in the Compendium of Non-Feed Products that is required in small amounts typically measured in milligrams, micrograms, international units or parts per million. (micro-ingrédient)

  mineral feed

  mineral feed means a mixed feed that is composed predominantly of mineral ingredients. (aliment minéral)

  mixed feed

  mixed feed means a feed that contains at least two single ingredient feeds. (aliment mélangé)

  novel feed

  novel feed means a feed that is an organism, a part of an organism or a product of an organism, or that consists of parts or products of an organism, and that

  • (a) is not listed in the Canadian Feed Ingredients Table; or

  • (b) has a novel trait. (aliment nouveau)

  novel product of biotechnology

  novel product of biotechnology means a product that is not listed in the Canadian Feed Ingredients Table and that is a product of biotechnology. (nouveau produit de la biotechnologie)

  novel trait

  novel trait, in respect of a feed that is an organism, a part of an organism or a product of an organism, or that consists of parts or products of an organism, means a characteristic of the feed that

  • (a) has been intentionally selected, created or introduced into the feed through a specific genetic change; and

  • (b) based on valid scientific rationale, is not substantially equivalent, in terms of its specific use and safety for human or animal health or the environment, to any characteristic of a similar feed that is listed in the Canadian Feed Ingredients Table. (caractère nouveau)

  novel viable organism

  novel viable organism means an organism that is alive or capable of sustaining life and that is not listed in the Canadian Feed Ingredients Table. (nouvel organisme viable)

  percentage

  percentage or %, with respect to any product, means the percentage by mass of the product. (pourcentage ou %)

  poultry

  poultry means chickens, turkeys, ducks and geese. (volaille)

  premix

  premix means a mixed feed that provides a significant source of nutrients and is a uniform mixture that may contain micro-ingredients, macro-minerals, facilitating agents, specialty feeds and carriers, and that is intended to be further diluted and mixed with other feeds to produce a mineral feed, another premix, a supplement or complete feed. (prémélange)

  President

  President means the President of the Agency. (président)

  principal display panel

  principal display panel means the part of the label applied to all or part of any side or surface of a feed or feed package that is displayed or visible under normal or customary conditions of sale or use. (espace principal)

  processing

  processing includes the use of a feed for the purpose of manufacturing another feed or the mixing of a feed with another feed. (transformation)

  registrant

  registrant means a person who has been issued a registration certificate under section 11. (titulaire de l’enregistrement)

  ruminant

  ruminant means an animal of the suborder Ruminatiae and includes an animal of the family Camelidae. (ruminant)

  single ingredient feed

  single ingredient feed means any substance or mixture of substances that has been approved for feeding to livestock and that is listed in the Canadian Feed Ingredients Table. (aliment à ingrédient unique)

  specialty feed

  specialty feed means a mixed feed the purpose of which is to improve or facilitate

  • (a) the preservation of any feed with which it is mixed prior to feeding or during storage;

  • (b) the characteristics, qualities, flowability, pelleting or tracing of any feed with which it is mixed;

  • (c) ingredient dispersion or distribution in any feed with which it is mixed;

  • (d) ingestion, acceptability, nutrient utilization or digestion by livestock of any feed with which it is mixed;

  • (e) the quality or availability of nutrients in any feed with which it is mixed;

  • (f) the absorption of nutrients by livestock of any feed that is fed to it;

  • (g) the modification of characteristics of food of animal origin; or

  • (h) the mitigation of environmental impacts related to livestock production. (aliment spécialisé)

  supplement

  supplement means a mixed feed that provides a significant source of nutrients in order to improve the nutritional value of the total diet and that is intended to be

  • (a) fed undiluted in addition to other feeds;

  • (b) offered on a free-choice basis with other feeds that are available separately; or

  • (c) further diluted and mixed to produce the total diet. (supplément)

  total diet

  total diet means the ration consisting of all feeds, including roughage, that are offered daily to livestock. (ration totale)

  trace mineral salt feed

  trace mineral salt feed means a mineral feed that is composed of salt and trace minerals. (complément d’oligo-éléments et de sel)

  veterinary prescription

  veterinary prescription means an order prescribing a medicated feed issued by a veterinarian licensed to practice in the province in which the feed is to be fed to the livestock to be treated. (ordonnance du vétérinaire)

  warning statement

  warning statement means a statement concerning human health hazards. (mise en garde)

• Marginal note:Designated livestock

  (2) For the purposes of the definition livestock in section 2 of the Act, the following animals that are domestically raised or kept are designated as livestock:

  • (a) cattle, sheep and goats;

  • The following provision is not in force.

    (b) bison, water buffalo, cervids, llamas and alpacas;

  • (c) swine;

  • (d) poultry;

  • The following provision is not in force.

    (e) ratites, pigeons, pheasants, partridges, quail, grouse, guinea fowl and pea fowl;

  • (f) horses and rabbits;

  • The following provision is not in force.

    (g) bees;

  • (h) finfish intended for human consumption as food; and

  • The following provision is not in force.

    (i) molluscs and crustaceans intended for human consumption as food.

Incorporation by Reference

Marginal note:Documents incorporated by reference

• 2 (1) The following documents, prepared by the Agency and published on its website, and as amended from time to time, are incorporated by reference into these Regulations:

  • (a) Canadian Feed Ingredients Table;

  • (b) Compendium of Medicating Ingredient Brochures;

  • (c) Compendium of Non-Feed Products;

  • (d) Tables of Nutrient Guarantees and Conditions for Feed Labels;

  • (e) Tables of Permissible Claims for Feed Labels;

  • (f) List of Weed Seeds and Maximum Levels for Feeds;

  • (g) Tables of Maximum Nutrient Values for Feeds;

  • (h) Tables of Maximum Contaminant Levels for Feeds; and

  • (i) List of Prescribed Deleterious Substances.

• Marginal note:Inconsistency

  (2) In the event of any inconsistency between a provision of these Regulations and a provision of any document incorporated by reference into these Regulations, that provision prevails to the extent of the inconsistency.

• Marginal note:Words and expressions

  (3) For the purposes of interpreting any document prepared by the Agency that is incorporated by reference into these Regulations, words and expressions that are used but not defined in that document have the same meaning as in these Regulations.

Exemptions

Marginal note:Exemptions from Act and Regulations

• 3 (1) The following feeds are exempt from the application of the Act and these Regulations:

  • (a) a feed that contains a new drug, the sale of which is permitted by section C.08.005 of the Food and Drug Regulations for the purpose of clinical testing or by section C.08.013 of those Regulations for the purpose of conducting experimental studies;

  • (b) a feed, other than a novel feed, if

    • (i) it is grown on a farm, it is sold by the grower, and

    • (ii) it does not contain any substance that presents a risk of harm to human or animal health or the environment, including any deleterious substance listed in the List of Prescribed Deleterious Substances;

  • (c) a complete feed, other than a novel feed, that is packaged in containers having a net mass of not more than 10 kg and that is intended for feeding to livestock, other than livestock intended for human consumption as food;

  • (d) a feed, other than a novel feed, that is in the form of samples having a net mass of not more than 1 kg and that is,

    • (i) intended for the purpose of marketing promotion at exhibits, conferences or trade shows, if the samples are labelled “Not for Sale / Non destiné à la vente” and are disposed of in a safe manner or are exported, or

    • (ii) intended for the purpose of testing at a laboratory in Canada, if the samples are labelled as such and are disposed of in a safe manner or are exported;

  • (e) a feed, other than a novel feed, that is imported with imported livestock, if that feed is consumed only by that livestock while the livestock is temporarily in Canada and any remaining feed accompanies the livestock when the livestock is subsequently exported or is disposed of in a safe manner;

  • (f) a feed, other than a novel feed, that is imported and that is intended only for consumption by imported livestock while the livestock is temporarily in Canada, but does not accompany that livestock when the livestock is imported, if

    • (i) the importer has provided to the Minister, before the feed is imported, the following information in respect of the feed:

      • (A) its name,

      • (B) a list of its ingredients,

      • (C) the address where it will be sent,

      • (D) the species and number of livestock for which it is intended,

      • (E) the quantity required to be sent to the imported livestock,

      • (F) the date on which it is to be imported and its port of entry into Canada,

      • (G) the date on which the livestock for which it is intended is to be imported and the livestock’s port of entry into Canada, and

      • (H) the date on which any remaining feed is to be exported and its port of exit from Canada or the date on which it is to be disposed of in a safe manner,

    • (ii) any remaining feed is exported or disposed of in a safe manner, and

    • (iii) the Minister confirms in a written notice provided to the importer that the information and documents have been received and that the feed is exempt from the Act and these Regulations; and

  • (g) a feed, other than a novel feed, that is manufactured in Canada by or for a government, academic or private research establishment for research or experimental purposes if

    • (i) it is fed to livestock owned by or under the direct supervision of the establishment, and

    • (ii) the establishment has and implements a plan in writing that provides that any remaining feed and livestock products produced from the feed must be disposed of in a safe manner.

• Marginal note:Feed not exempted under paragraph (1)(g)

  (2) In the case of a feed that is manufactured by or for a government, academic or private research establishment for research or experimental purposes, that is not otherwise exempted under paragraph (1)(g) and that is intended to be fed to livestock owned by or under the direct supervision of the establishment, the following requirements do not apply:

  • (a) in respect of the feed,

    • (i) the registration requirement set out in subsection 6(1),

    • (ii) the requirement to conform to the standards set out in sections 35 to 42,

    • (iii) the packaging requirements set out in section 43, and

    • (iv) the labelling requirements set out in sections 44 to 54;

  • The following provision is not in force.

    (b) in respect of a person who manufactures, stores, processes, packages, labels or sells the feed that is to be exported or to be sent or conveyed from one province to another, the requirement to hold a licence under subsection 18(2); and

  • The following provision is not in force.

    (c) in respect of a person who manufactures, stores, packages, labels or sells the feed, the requirements respecting preventive controls set out in sections 56 to 60.

• Marginal note:Exemption — certain products or substances

  (3) Any medicating ingredient, any pest control product registered under the Pest Control Products Act and any type of product set out in the Compendium of Non-Feed Products for which there is an approved brand are exempt from the application of the definition feed in section 2 of the Act.

Deleterious Substances

Marginal note:Prescribed substances

4 For the purposes of subsection 3(2) of the Act, the substances listed in the List of Prescribed Deleterious Substances are prescribed as deleterious substances.

Approval and Registration of Feeds

Feeds to Be Approved or Registered

Marginal note:Feeds that must be approved

• 5 (1) For the purposes of paragraph 3(1)(a) of the Act, the following feeds must be approved:

  • (a) any feed that has a novel trait;

  • (b) any feed, other than a mixed feed, that is not listed in the Canadian Feed Ingredients Table;

  • (c) any single ingredient feed that is listed in the Canadian Feed Ingredients Table and whose description differs from its description in that Table, including with respect to

    • (i) its purpose,

    • (ii) its composition, including any hazard inherent in the feed, its structure, its nutritional quality or its physiological effects,

    • (iii) its manufacturing process, and

    • (iv) the species or class of livestock for which it is intended and instructions on how it is to be used; and

  • (d) any feed that is manufactured by or for a government, academic or private research establishment for research or experimental purposes, other than a feed that is exempted under paragraph 3(1)(g).

• Marginal note:Exemption from approval

  (2) Any feed that is not referred to in subsection (1) is exempt from approval.

Marginal note:Feeds that must be registered

• 6 (1) For the purposes of paragraph 3(1)(a) of the Act and subject to subsections (2) and (3), all feeds must be registered.

• Marginal note:Exemption from registration

  (2) The following feeds are exempt from registration:

  • (a) any mixed feed, other than a specialty feed or custom medicated feed, that is manufactured in Canada and that is not

    • (i) designed to be administered in water for drinking by livestock,

    • (ii) a free-choice supplement, free-choice mineral feed or free-choice trace mineral salt feed that contains one or more medicating ingredients, or

    • (iii) a feed that contains a pest control product as defined in subsection 2(1) of the Pest Control Products Act;

  • (b) any mixed feed, other than a specialty feed or custom medicated feed, that is imported for sale and for which a licence has been issued under subsection 5.2(1) of the Act, and that is not referred to in any of subparagraphs (a)(i) to (iii);

  • (c) any specialty feed that is listed in column 1 of Table 3 of the Tables of Permissible Claims for Feed Labels that meets the conditions set out in columns 3 and 4 of that Table for the approved claim set out in column 2;

  • (d) any custom medicated feed manufactured in Canada if

    • (i) the sale of such feed is authorized under section C.08.012 of the Food and Drug Regulations,

    • (ii) the amount of feed manufactured does not exceed the amount that would normally be consumed by the number of animals prescribed to receive the feed during the prescribed period of medication,

    • (iii) the veterinary prescription contains information respecting

      • (A) the date on which the veterinary prescription is issued,

      • (B) the name and address of the person for whom the feed is to be manufactured and of the person by whom it is intended to be used,

      • (C) the name and level of each medicating ingredient in the feed,

      • (D) the type and amount of feed to be manufactured,

      • (E) the number, species, production type and age or weight of the livestock for which the feed is intended,

      • (F) any special manufacturing instructions, including any necessary facility clean-up warnings,

      • (G) directions for use of the feed, including feeding instructions and the period of medication during which it is to be fed to the livestock, and

      • (H) caution statements and warning statements, if applicable, and

    • (iv) a copy of the veterinary prescription is in the possession of the manufacturer of the feed prior to the delivery of the feed; and

  • (e) any feed that is listed in Part 1 of the Canadian Feed Ingredients Table.

• Marginal note:Conditions

  (3) The exemption of the feeds referred to in subsection (2) applies only if

  • (a) in the case of a mixed feed, the guarantees shown on the label are set out in the Tables of Nutrient Guarantees and Conditions for Feed Labels and, in the case of a single ingredient feed, in the Canadian Feed Ingredients Table;

  • (b) the claims shown on the label are set out in the Tables of Permissible Claims for Feed Labels; and

  • (c) any information shown on the label of the feed does not appear in a language other than English or French.

Applications and Requirements

Marginal note:Application for approval or registration

• 7 (1) An application for approval or registration of a feed must be made to the Minister in a form approved by the President.

• Marginal note:Elements required

  (2) Subject to subsections (4) and (5), the application must be accompanied by

  • (a) three copies of a proposed label to be used with the feed if the application is submitted by mail, or one copy of such label if the application is submitted electronically;

  • (b) the name of the feed that complies with sections 50 and 51, as well as any other name or registration or reference number used to identify the feed;

  • (c) a description of the feed, including a list of ingredients;

  • (d) a description of the intended purpose of the feed;

  • (e) directions for use of the feed;

  • (f) the name and address of each location where the feed is manufactured;

  • (g) specifications, concerning, among other things,

    • (i) the usefulness, purity and quality of the feed and the homogeneity of the mix, and

    • (ii) any component, the amount of which must be guaranteed in the feed;

  • (h) the identification and description of any contaminant in the feed, as well as the methodology and analysis for the detection of the amounts of those contaminants;

  • (i) reports of any analysis conducted on representative samples drawn from three different and recent lots of the feed, to support any information referred to in paragraphs (g) and (h);

  • (j) a description of the production methods, including details of

    • (i) the formulae used in manufacturing the feed,

    • (ii) the steps of the feed manufacturing process and any variation in the process resulting from the source of any ingredient or additive in the feed or the location where it is manufactured,

    • (iii) the type and capacity of the equipment used in manufacturing the feed, and

    • (iv) quality control procedures to assure mix uniformity and to prevent contamination of subsequent lots of feed manufactured in the same place;

  • (k) evidence, including the results of any scientific investigation,

    • (i) demonstrating the safety of the feed for the species of livestock for which it is intended, as well as other species of livestock that may be exposed to it, and for humans and the environment,

    • (ii) demonstrating the efficacy of the feed when used for its intended purposes and according to its directions for use,

    • (iii) demonstrating the stability of the feed under normal storage conditions,

    • (iv) demonstrating that any guarantee shown on the label, other than those set out in the Tables of Nutrient Guarantees and Conditions for Feed Labels, conveys useful information to the purchaser of the feed, and

    • (v) supporting any claim on the label of the feed that is not set out in the Tables of Permissible Claims for Feed Labels;

  • (l) scientific analysis that shows whether there are significant changes in the chemical, biological or physical composition of livestock products when the feed is used; and

  • (m) a summary of all the elements provided in support of the application.

• Marginal note:Additional information — novel trait

  (3) In the case of a feed with a novel trait, an application for approval must be accompanied by the following additional information:

  • (a) the identification and characterization of the novel trait and, if the novel trait is introduced from another species, details of the host and donor organisms and the methods of introduction of the novel trait into the feed;

  • (b) the identification and characterization of the feed with a novel trait resulting from the introduction of the novel trait, including details relating to expression of the novel trait and the stability of the introduction of the novel trait into the feed, as well as a comparison of the characteristics of the feed with those of any comparable feed;

  • (c) any other information, including the results of any scientific investigation and test data in respect of the novel trait that are relevant in identifying whether the feed presents a risk of harm to human or animal health or the environment, that is in the applicant’s possession or to which the applicant ought reasonably to have access; and

  • (d) the name of any Canadian government agency, of a government of a foreign state or of a subdivision of a foreign state or of an international organization, or association, of states that has been provided with information in respect of the feed with a novel trait and the purpose for which the information was provided.

• Marginal note:Sample

  (4) The Minister may require that a sample of the feed be provided in support of an application referred to under subsection (2) or (3).

• Marginal note:Information — research or experimental purposes

  (5) In the case of a feed that is manufactured by or for a government, academic or private research establishment for research or experimental purposes, an application for approval referred to in subsection (1) must be accompanied by the following information:

  • (a) the name of the feed;

  • (b) a description of the feed, including a list of ingredients;

  • (c) a description of the intended purpose of the feed;

  • (d) the species of livestock for which it is intended and the number of livestock required to conduct the research;

  • (e) the quantity of feed required to conduct the research;

  • (f) the research protocol, including a statement of the purpose, objectives and duration of the research and a justification of the quantity of feed and number of animals required;

  • (g) the name and address of the establishment where the research will take place, including the name and contact information of the person supervising the research;

  • (h) if the establishment has a written plan that provides that any remaining feed and livestock products produced from the feed must be disposed of in a safe manner,

    • (i) a description of the precautions and confinement measures to be taken with respect to the feed and livestock products,

    • (ii) a monitoring plan to be applied for the duration of the project, and

    • (iii) a contingency plan in case of accidental interaction of the feed or livestock products with any other feed or livestock products that are not the subject of the research;

  • (i) if the establishment does not have a written plan that complies with paragraph (h), the information referred to in paragraphs (2)(g) to (j), subparagraph (2)(k)(i) and paragraph (2)(l);

  • (j) if it is an imported feed, the date of its importation and its port of entry into Canada; and

  • (k) a summary of all the elements provided in support of the application.

• Marginal note:Scientific investigation

  (6) If any scientific investigation has been conducted under paragraphs (2)(k) or (3)(c), the applicant must provide the following information:

  • (a) the scientific research methods used;

  • (b) the statistical methods used to analyze the results of the investigation;

  • (c) the conditions under which the investigation was conducted; and

  • (d) the quality control and quality assurance measures taken in conducting the research and analysis.

Evaluation and Decision of Minister

Marginal note:Approval or registration of feed

• 8 (1) Once an application for approval or registration of a feed under subsection 7(1) is evaluated, the Minister must approve or register the feed if the following requirements are met:

  • (a) the elements referred to in subsections 7(2) to (6), as applicable, have been provided to the Minister;

  • (b) the applicant has submitted to the Minister a label that complies with the requirements of these Regulations; and

  • (c) the feed is found to be in compliance with the Act and these Regulations.

• Marginal note:Evaluation of risk

  (2) For the purposes of paragraph (1)(c), the Minister must evaluate the risk of harm presented by the feed to human or animal health or the environment, including whether the feed is toxic or capable of becoming toxic.

• Marginal note:Toxic feed

  (3) A feed is toxic or capable of becoming toxic if it enters or may enter the environment in a quantity or concentration or under conditions that

  • (a) have or may have a harmful effect on the environment;

  • (b) constitute or may constitute a danger to the environment on which human or animal life depends; or

  • (c) constitute or may constitute a danger in Canada to human or animal life or health.

• Marginal note:Notice of refusal

  (4) If the requirements set out in subsection (1) are not met, the Minister must notify the applicant in writing of the refusal to approve or register the feed and provide the reasons for the refusal.

Approval — Listing and Cancellation

Marginal note:Notice of approval

• 9 (1) If a feed is approved by the Minister under section 8, a written notice confirming that approval has been given and specifying the purpose for which it is given must be provided to the applicant.

• Marginal note:Listing in Canadian Feed Ingredients Table

  (2) If a feed is approved by the Minister, other than a feed that is manufactured by or for a government, academic or private research establishment for research or experimental purposes,

  • (a) the feed must be listed in the Canadian Feed Ingredients Table as a single ingredient feed and accompanied by a description; or

  • (b) if the feed is already listed in that Table, it must be accompanied by a new description.

• Marginal note:Registration resulting from approval

  (3) If a feed is approved and listed in Part 2 of the Canadian Feed Ingredients Table, it must be registered under section 8.

Marginal note:Cancellation

• 10 (1) Subject to subsections (2) to (5), the Minister may cancel the approval of a feed that is manufactured by or for a government, academic or private research establishment for research or experimental purposes if there are reasonable grounds to believe that, in respect of that feed, there has been a contravention of the Act or these Regulations.

• Marginal note:Factors

  (2) In deciding whether to cancel an approval, the Minister must take into account the following factors:

  • (a) whether cancellation of the approval is necessary in order to respond to a risk of harm to human or animal health or the environment;

  • (b) whether cancellation of the approval is unnecessary because corrective action has been taken or is expected to be taken in a timely manner without risk of harm to human or animal health or the environment; and

  • (c) whether there have been contraventions of the Act or these Regulations in the past in respect of the feed.

• Marginal note:Conditions for cancellation

  (3) The Minister may cancel an approval only if a written notice has been provided to the holder of the approval that

  • (a) sets out the grounds for the cancellation and the period within which corrective action must be taken in order to avoid the cancellation of the approval; and

  • (b) specifies that the holder of the approval must, within 30 calendar days after the date of mailing of the notice, notify the Minister in writing that they wish to have an opportunity to be heard respecting the cancellation.

• Marginal note:Notice of hearing

  (4) Within 30 calendar days after the day on which the Minister receives the notice that the holder of the approval wishes to have an opportunity to be heard, the Minister must notify the holder of the approval in writing of the time and place of the hearing.

• Marginal note:Grounds for cancellation

  (5) The Minister must not cancel the approval unless

  • (a) the holder of the approval has been provided with an opportunity to be heard in respect of the proposed cancellation; and

  • (b) the holder of the approval has failed to take corrective action in respect of the feed within the period set out by the Minister in the notice provided under paragraph (3)(a) or within any longer period that is granted by the Minister at the hearing.

• Marginal note:Notice of cancellation

  (6) The Minister must notify the holder of the approval in writing of the cancellation of the approval and the date on which it takes effect.

Registration — Number, Certificate and Cancellation

Marginal note:Assignment and issuance

11 If a feed is registered by the Minister under section 8, a registration number must be assigned to that feed and a registration certificate must be issued to the applicant.

Marginal note:Use of registration number

• 12 (1) It is prohibited for any person to use a registration number assigned to a feed unless they are the registrant of the feed.

• Marginal note:False registration number

  (2) It is prohibited for any person to use a false registration number in respect of any feed.

Marginal note:Expiration of registration

13 A registration expires on the date indicated on the registration certificate.

Marginal note:Surrender of certificate

14 A registrant may surrender a registration certificate by submitting a written notice to the Minister; the registration becomes invalid as of the day on which the notice is received by the Minister.

Marginal note:Cancellation of registration

• 15 (1) Subject to subsections (2) to (5), the Minister may cancel a registration in respect of a feed if there are reasonable grounds to believe that, in respect of that feed, there has been a contravention of the Act or these Regulations.

• Marginal note:Factors

  (2) In deciding whether to cancel a registration, the Minister must take into account the following factors:

  • (a) whether cancellation of the registration is necessary in order to respond to a risk of harm to human or animal health or the environment;

  • (b) whether cancellation of the registration is unnecessary because corrective action has been taken or is expected to be taken in a timely manner without risk of harm to human or animal health or the environment; and

  • (c) whether there have been contraventions of the Act or these Regulations in the past in respect of the feed.

• Marginal note:Conditions for cancellation

  (3) The Minister may cancel a registration only if a written notice has been provided to the registrant that

  • (a) sets out the grounds for the cancellation and the period within which corrective action must be taken in order to avoid the cancellation of the registration; and

  • (b) specifies that the registrant must, within 30 calendar days after the date of mailing of the notice, notify the Minister in writing that the registrant wishes to have an opportunity to be heard respecting the cancellation.

• Marginal note:Notice of hearing

  (4) Within 30 calendar days after the day on which the Minister receives the notice that the registrant wishes to have an opportunity to be heard, the Minister must notify the registrant in writing of the time and place of the hearing.

• Marginal note:Grounds for cancellation

  (5) The Minister must not cancel the registration unless

  • (a) the registrant has been provided with an opportunity to be heard in respect of the proposed cancellation; and

  • (b) the registrant has failed to take corrective action in respect of the feed within the period set out by the Minister in the notice provided under paragraph (3)(a) or within any longer period that is granted by the Minister at the hearing.

• Marginal note:Notice of cancellation

  (6) The Minister must notify the registrant in writing of the cancellation of the registration and the date on which it takes effect. The registration certificate becomes invalid as of that day.

Renewal or Amendment

Marginal note:Application for renewal or amendment

• 16 (1) Any application to renew or amend an approval or a registration must be made to the Minister in the same manner as an application for approval or for registration referred to in section 7 and is considered to be an application for approval or for registration for the purposes of these Regulations.

• Marginal note:No change in respect of a feed

  (2) A holder of the approval or a registrant must not make a change in respect of an approved or registered feed unless the approval or registration of the feed has been amended by the Minister.

New Information

Marginal note:Provision to Minister

• 17 (1) If, after approval or registration of a feed, a person becomes aware of any new information that the feed may present a risk of harm to human or animal health or the environment, the person must immediately provide the new information to the Minister.

• Marginal note:Evaluation and decision

  (2) If, on the basis of the new information, the Minister determines, in re-evaluating the feed,

  • (a) that it does not present a risk of harm to human or animal health or the environment, the Minister must maintain the approval or registration of the feed; or

  • (b) that it presents a risk of harm to human or animal health or the environment, the Minister must

    • (i) in the case of a feed that has been approved, other than a feed that is manufactured by or for a government, academic or private research establishment for research or experimental purposes, amend the description of the feed in the Canadian Feed Ingredients Table to respond to the risk, or remove the feed from that Table, in which case the feed is no longer approved under subsection 8(1),

    • (ii) in the case of a feed that has been approved for research or experimental purposes by or for a government, academic or private research establishment, cancel the approval in accordance with section 10, or

    • (iii) in the case of a feed that has been registered, cancel the registration in accordance with section 15.

• Marginal note:Notice of amendment

  (3) The Minister must give public notice of the determination under subparagraph (2)(b)(i) to amend the description of the feed in the Canadian Feed Ingredients Table or remove the feed from that Table and the date on which the amendment or removal takes effect.

Licences

Prescribed Feeds and Activities

Issuance, Renewal and Amendment

Expiry, Surrender, Suspension and Cancellation

Standards

General Provisions

Marginal note:No risk of harm

• 34 (1) A feed must not present a risk of harm to human or animal health or the environment.

• Marginal note:Mixing of feed presenting a risk

  (2) It is prohibited for a person to mix a feed that presents a risk of harm to human or animal health or the environment with another feed for the purpose of bringing the feed into compliance with the requirements of the Act and these Regulations.

• Marginal note:Exception

  (3) Subsection (2) does not apply in the following circumstances:

  • (a) either

    • (i) the person referred to in subsection (2) makes a written request for authorization to mix the feed to the Minister,

    • (ii) the request is accompanied by information respecting the risk and the measures that will be taken to mitigate the risk,

    • (iii) the Minister determines, on the basis of the information provided, that the mix does not present a risk of harm to human or animal health or the environment, and

    • (iv) the Minister provides to the person a written authorization to mix the feed; or

  • (b) the feed that is being mixed is the result of a formulating error and the risk of harm is posed by a medicating ingredient, a single ingredient feed that does not contain a contaminant, a nutrient or a product type set out in the Compendium of Non-Feed Products.

Marginal note:Prohibited content

35 A feed must not contain or present, as the case may be,

• (a) weed seeds at a level

  • (i) that would individually or cumulatively exceed the maximum percentage set out in column 2 of the List of Weed Seeds and Maximum Levels for Feeds for the species of weed referred to in column 1, or

  • (ii) that could present a risk of harm to animal health or the environment;

• (b) screenings sold or offered for sale that would individually or cumulatively exceed the maximum percentage of weed seeds set out in column 3 of the List of Weed Seeds and Maximum Levels for Feeds for the species of weed referred to in column 1;

• (c) mould or damage from heat or any other cause that would

  • (i) render it unfit for consumption by livestock, or

  • (ii) cause it to present a risk of harm to human or animal health when fed in proportions commonly used;

• (d) any product of animal origin, including a fish or a bird, that is not fresh or sound or that has not been properly processed in accordance with good manufacturing practices;

• (e) proteins in any form derived in Canada

  • (i) from specified risk material, as defined in section 6.1 of the Health of Animals Regulations, except in accordance with a permit issued under section 160 of those Regulations for the purposes of section 6.4 of those Regulations, or

  • (ii) from the carcasses of any ruminants, other than cattle, that died or were condemned before they otherwise would have been slaughtered for human consumption as food;

• (f) proteins in any form derived from the carcass of an animal other than

  • (i) a fish, crustacean, mollusc or insect, or

  • (ii) a food animal, as defined in section 1 of the Safe Food for Canadians Regulations, that was slaughtered for human consumption as food or was raised for slaughter for human consumption as food;

• (g) any nutrient referred to in the Tables of Maximum Nutrient Values for Feeds in an amount exceeding the maximum amount set out in those Tables for the species of livestock for which the nutrient is intended;

• (h) a fat that is or may be derived from a ruminant and contains more than 0.15% insoluble impurities;

• (i) any extraneous substance except in amounts that are unavoidable even if good manufacturing practices are followed;

• (j) bacteria of the genus Salmonella that present a risk of harm to human or animal health;

• (k) any contaminant referred to in the Tables of Maximum Contaminant Levels for Feeds at a level exceeding the maximum level set out in those Tables for the species or class of livestock for which the feed is intended;

• (l) a single ingredient feed that was formulated for a different species;

• (m) any substance that could, when fed in quantities commonly used or as specified in the directions for use and in consideration of the total diet, result in the production of an article of food, as defined in section 2 of the Food and Drugs Act, that is prohibited from sale under section 4 of that Act; or

• (n) any substance, other than those referred to in paragraphs (a) to (m), that presents a risk of harm to human or animal health or the environment when fed in quantities commonly used or as specified in the directions for use and in consideration of the total diet.

Marginal note:Suited for purpose

36 A feed must be uniformly mixed and have the chemical and physical composition necessary for it to be suited for the purpose for which it is intended.

Mixed Feeds

Marginal note:Content

37 A mixed feed may only contain

• (a) single ingredient feeds listed in the Canadian Feed Ingredients Table that conform to the description set out in that Table for those single ingredient feeds and that are used for a purpose consistent with the applicable class or subclass for those feeds in that Table;

• (b) medicating ingredients set out in the Compendium of Medicating Ingredient Brochures for which the brand, claim, level, compatibility with another ingredient, if any, and species of livestock for which they are intended are those set out for those ingredients in that Compendium, unless the feed is a custom medicated feed;

• (c) pest control products registered under the Pest Control Products Act for the purpose of mixing with the feed; and

• (d) product types set out in the Compendium of Non-Feed Products for which the brand, claim, inclusion level and approved species of livestock for which they are intended are those set out for those product types in that Compendium.

Marginal note:Premix or supplement — content

38 A premix or supplement may contain

• (a) medicating ingredients referred to in paragraph 37(b);

• (b) pest control products referred to in paragraph 37(c); or

• (c) product types referred to in paragraph 37(d).

Marginal note:Mineral feed — content

39 A mineral feed must contain at least 40% crude ash.

Marginal note:Chop feed

40 A chop feed must be obtained by grinding, chopping or crushing

• (a) grains of wheat, rye, barley, oats, corn, buckwheat, flax, field peas, field beans, triticale, sorghum, canola or soybeans either alone or in combination with one another;

• (b) Mixed Feed Oats described in the Canadian Feed Ingredients Table; or

• (c) cereals grain screenings grade 1 or 2 or pulse grain screenings grade 1 or 2 described in the Canadian Feed Ingredients Table.

Single Ingredient Feeds

Marginal note:Chopped, crushed or ground grain

41 Chopped, crushed or ground grain sold as a feed or as an ingredient of a feed must meet, at a minimum, the characteristics set out in Schedule 3 to the Canada Grain Regulations for the lowest grade established by those Regulations for that kind of grain before it is chopped, crushed or ground.

Marginal note:Single ingredient feed set out in Table

42 A single ingredient feed sold or imported under an approved name set out in the Canadian Feed Ingredients Table must conform to the description of that feed set out in that Table.

Packaging

Labelling

General Provisions

Marginal note:Location of label

• 44 (1) Any feed that is manufactured, sold or imported must have a label affixed to it or to a package containing it or, if the feed is shipped in bulk, attached to, included in or belonging to any document, including the invoice, shipping bill or statement of account accompanying the shipment.

• Marginal note:Feed shipped in bulk

  (2) If the feed referred to in subsection (1) is shipped in bulk, the label may be provided in electronic form.

• Marginal note:Exception

  (3) Subsections (1) and (2) do not apply to a customer formula feed if the feed is manufactured by a feed manufacturer for feeding to their livestock.

Marginal note:Content of label

• 45 (1) Subject to subsection (4), the label referred to in subsections 44(1) and (2) must contain

  • (a) the name of the feed, in compliance with sections 50 and 51;

  • (b) the name and address of the person who manufactured the feed, or caused it to be manufactured, or, if any, the registrant;

  • (c) an identification code;

  • (d) the net amount of the feed

    • (i) expressed as the mass or volume in the package or shipment, or

    • (ii) in the case of a package of feed containing feed that is in the form of individual servings, expressed as the number of units in a package and the mass or volume for each unit;

  • (e) a statement of the guaranteed analysis made in accordance with subsection 52(1) and, if applicable, subsection 52(2);

  • (f) directions for use, including details to permit the safe and effective use of the feed for its intended purpose by users with no specialized knowledge of the purpose and use of the feed, and

    • (i) in the case of a feed whose sodium content is designed to limit or regulate the intake of that feed by beef cattle or sheep, an indication that adequate water must be provided to the animal, and

    • (ii) in the case of a custom medicated feed, the prescribed period of medication, as indicated on the veterinary prescription;

  • (g) if the feed is registered, the registration number;

  • (h) if the feed contains a product type set out in the Compendium of Non-Feed Products, the following information as set out in that Compendium in respect of each product type present in the feed:

    • (i) the approved brand for, and actual amount of, the product type,

    • (ii) the approved claim for the species of livestock for which the feed is intended, when the product type is used at the level indicated in the Compendium for that claim,

    • (iii) any warning statement applicable to the product type and, in the case of a feed that contains more than one product type with a warning statement that contains different withdrawal times, the warning statement containing the longest withdrawal time, immediately after the headings “Warning” and “Mise en garde” and clearly separated from other information shown on the label,

    • (iv) any caution statement applicable to the product type, immediately after the headings “Caution” and “Précaution” and clearly separated from other information shown on the label,

    • (v) any directions for use, and

    • (vi) any other information that must be added as a note; and

  • (i) if the feed contains prohibited material as defined in subsection 162(1) of the Health of Animals Regulations, the following statement, clearly separated from other information shown on the label:

    “Feeding this product to cattle, sheep, deer or other ruminants is illegal and is subject to fines or other punishment under the Health of Animals Act. / Il est interdit d’en nourrir les bœufs, moutons, cerfs et autres ruminants et des amendes ou autres peines sont prévues à cet égard par la Loi sur la santé des animaux.”.

• Marginal note:Additional information

  (2) The label referred to in subsections 44(1) and (2) must also contain

  • (a) in the case of a single ingredient feed, any statement, including any caution statement or warning statement, set out for that feed in the Canadian Feed Ingredients Table;

  • (b) in the case of a mixed feed,

    • (i) the name of each single ingredient feed used in the feed or, except in the case of a feed that is registered and is labelled with a claim that is not set out in the Tables of Permissible Claims for Feed Labels, the following statement:

      • (A) “A list of the ingredients used in this feed may be obtained from the manufacturer or the registrant.”, or

      • (B) “La liste des ingrédients de cet aliment peut être obtenue du fabricant ou du titulaire de l’enregistrement.”,

    • (ii) any caution statement or warning statement set out in the Canadian Feed Ingredients Table or on the label of a registered single ingredient feed in respect of each single ingredient feed used in the formulation of that feed, and

    • (iii) any caution statement or warning statement set out on the label of a registered mixed feed used in the formulation of that feed;

  • (c) in the case of a medicated feed, other than a custom medicated feed, the following information as set out in the Compendium of Medicating Ingredient Brochures for each medicating ingredient present in the feed:

    • (i) the name and actual amount of the medicating ingredient, immediately after the feed name,

    • (ii) the approved claim for the species of livestock for which the feed is intended, when the medicating ingredient is used at the level indicated in the Compendium for that claim,

    • (iii) any warning statement applicable to the medicating ingredient and, in the case of a feed that contains more than one medicating ingredient with a warning statement that contains different withdrawal times, the warning statement containing the longest withdrawal time, immediately after the headings “Warning” and “Mise en garde” and clearly separated from other information shown on the label,

    • (iv) any caution statement applicable to the medicating ingredient, immediately after the headings “Caution” and “Précaution” and clearly separated from other information shown on the label,

    • (v) any statement on the prudent use of the medicating ingredient,

    • (vi) any directions for use, and

    • (vii) any other information that must be added as a note; and

  • (d) in the case of a custom medicated feed,

    • (i) the name of the person for whom the feed was manufactured,

    • (ii) the name of the veterinarian who issued the veterinary prescription,

    • (iii) immediately after the feed name, the name and actual amount of each medicating ingredient present in the feed, and

    • (iv) any applicable caution statement or warning statement indicated on the veterinary prescription in respect of each medicating ingredient present in the feed, immediately after the headings “Warning” and “Mise en garde” or “Caution” and “Précaution”, as the case may be, and clearly separated from other information shown on the label.

• Marginal note:Feed manufactured in another country

  (3) If a feed that is manufactured in a foreign state bears a label that shows the name and principal place of business of the person in Canada for whom the feed was manufactured for resale, the name and principal place of business of that person must be preceded by the words “imported by” or “importé par” or by the words “imported for” or “importé pour”, unless the geographic origin of the product is stated on the label.

• Marginal note:Customer formula feed

  (4) In the case of a customer formula feed, the label referred to in subsections 44(1) and (2) must contain

  • (a) if the feed does not contain a medicating ingredient,

    • (i) the information referred to in paragraphs (1)(a), (c), (d), (f), (h) and (i) and subparagraphs (2)(b)(ii) and (iii),

    • (ii) the name and address of the person who manufactured the feed,

    • (iii) the name of the supplier of the formula; and

  • (b) if it contains a medicating ingredient,

    • (i) the information referred to in paragraphs (1)(a) to (d), (f), (h) and (i), subparagraphs (2)(b)(ii) and (iii) and paragraph (2)(c), and

    • (ii) the name of the supplier of the formula.

Marginal note:Request for list of ingredients

• 46 (1) If the name of each single ingredient feed used in a mixed feed is not contained on the label under subparagraph 45(2)(b)(i), any purchaser may, within two years after the day on which the mixed feed is manufactured, make a written request to the manufacturer or registrant to obtain the name of each single ingredient feed used in that feed.

• Marginal note:Provision of information

  (2) The manufacturer or registrant must provide in writing the information referred to in subsection (1) within five business days of the day on which the request is received.

Marginal note:Restrictions — information, guarantees and claims

47 A label must not contain

• (a) any information or guarantees which do not fully describe the usefulness of the feed;

• (b) any information or mark that would tend to deceive or mislead a purchaser, including any expression, word, figure, depiction or symbol that may reasonably be considered to imply that a feed contains any substance that it does not in fact contain or that it does not contain any substance that it does in fact contain; or

• (c) any claim about the feed, unless

  • (i) it is set out in column 2 of the Tables of Permissible Claims for Feed Labels and the conditions set out in columns 3 and 4 of those Tables are met for the types of claims set out in column 1 of those Tables, or

  • (ii) it has been evaluated for the purpose of approving or registering the feed and has, based on the evidence provided with the application, been found to be satisfactory.

Marginal note:Language of label — information required

• 48 (1) The information required to be shown on the label of a feed must be printed conspicuously, legibly and indelibly in English or French or both languages, except the following information, which must be shown in both English and French:

  • (a) in the case of a medicated feed, other than a custom medicated feed, the information referred to in paragraphs 45(1)(f) and (2)(c); and

  • (b) in the case of any other feed for which a caution statement or warning statement is required to be shown on the label, that caution statement or warning statement.

• The following provision is not in force.

  Marginal note:Language of label — optional information

  (2) Any optional information printed on the label that is provided to prevent any risk of harm to animal or human health or the environment, including any caution statement or warning statement that is useful to the purchaser of the feed or any information that is included in the preventive control plan under paragraph 59(1)(a), must be printed in both English and French.

Marginal note:Placement of information on label

• 49 (1) Subject to subsection (2), any information required to be shown on a label must appear on the principal display panel, except for the identification code which may appear anywhere on the label as long as it is clearly indicated.

• Marginal note:Exception

  (2) The directions for use, guaranteed analysis statement and list of ingredients may be provided on an insert that is enclosed in, or attached to, the package, if there is a reference on the principal display panel to where that information is located.

• Marginal note:Presentation of information on label

  (3) A label must not contain any variation in the character, size, colour or placement of the printing that obscures or emphasizes any part of the information required to be shown on the label unless such variation is to draw attention to the caution statements or warning statements required to be shown on the label.

Feed Names

Marginal note:Suitable name

50 The name of a feed required to be shown on the label of a feed must not tend to deceive or mislead a purchaser.

Marginal note:Purpose

• 51 (1) A mixed feed must have as part of its name the purpose for which it is intended.

• Marginal note:Type and class

  (2) A mixed feed must have as part of its name the type and class of livestock for which it is intended, unless the feed is formulated for all types or classes of livestock, in which case it may have as part of its name the word “livestock” or the words “animaux de ferme”.

• Marginal note:Identical names

  (3) If the name of a mixed feed is identical to that of another feed of the same manufacturer but is different in terms of its guaranteed level of protein, the brand of the feed must be different from the brand of the other feed or the percentage of protein content must form part of the name of each feed.

• Marginal note:Premix

  (4) If a feed is a premix, the word “premix” or “prémélange” must form part of the name of the feed.

• Marginal note:Supplement

  (5) If a feed is a supplement, the word “supplement” or “supplément” must form part of the name of the feed.

• Marginal note:Customer formula feed

  (6) If a feed is a customer formula feed, the words “customer formula” or “formule du client” must form part of the name of the feed.

• Marginal note:Single ingredient feed

  (7) If a feed is a single ingredient feed, the name of the feed must be one of the names approved and set out for that ingredient in the Canadian Feed Ingredients Table.

Guaranteed Analysis

Marginal note:Mandatory guarantee

• 52 (1) The guaranteed analysis statement required to be shown on the label of a feed must include

  • (a) in the case of a single ingredient feed, any guarantee that is set out in the Canadian Feed Ingredients Table for that feed; and

  • (b) in the case of a mixed feed, the guarantees that are set out in column 2 of Table 1 of the Tables of Nutrient Guarantees and Conditions for Feed Labels for that feed.

• Marginal note:Optional guarantee

  (2) In the case of a mixed feed, the guaranteed analysis statement may also include a guarantee, in addition to the guarantees referred to in paragraph (1)(b), if the guarantee

  • (a) is set out in column 1 of Table 2 of the Tables of Nutrient Guarantees and Conditions for Feed Labels in accordance with the particulars set out in columns 2 to 4 of that Table for that guarantee; or

  • (b) has been evaluated for the purpose of registering the feed and has, based on the evidence provided with the application, been found to be satisfactory in that it conveys useful information to the purchaser of the feed.

Marginal note:Individual serving

• 53 (1) In the case of a mixed feed that is in the form of an individual serving, the guaranteed analysis statement referred to in section 52 may include an indication of the amount per individual serving of each guaranteed nutrient.

• Marginal note:Moisture content

  (2) For the purposes of subsection (1) and section 52, and unless otherwise specified on the label, the guaranteed analysis statement must be based on the feed as fed and take into account its maximum moisture content.

Units of Measurement

Marginal note:International system of units

• 54 (1) Subject to subsection (2), all units of measurement shown on a label of a feed must be expressed in units based on the international system of units in accordance with the Weights and Measures Act.

• Marginal note:Other units of measurement

  (2) Units of measurement from other systems may also be shown on a label if the quantities expressed in other units of measurement are equivalent to the quantities expressed in units based on the international system of units.

Preventive Controls

Interpretation

Biological, Chemical and Physical Hazards

Preventive Control Plan

Investigation, Complaints and Recall

Marginal note:Investigation — risk of harm

• 61 (1) Any person that manufactures, stores, packages, labels, sells or exports a feed and who suspects on reasonable grounds that the feed presents a risk of harm to human or animal health or the environment or does not meet the requirements of the Act or these Regulations must immediately investigate the matter.

• Marginal note:Notification

  (2) If the investigation establishes that the feed presents a risk of harm to human or animal health or the environment, the person must immediately notify the Minister and immediately take action to mitigate the risk.

Requirements Specific to Certain Activities

Manufacture of Feeds

Marginal note:Mixed feed

• 64 (1) Any person that manufactures a mixed feed must keep a copy of the mix sheet for a period of two years after the day of manufacture of each lot as well as a copy of the mix formula for a period of two years after the last day of manufacture of that feed.

• Marginal note:Customer formula feed or custom medicated feed

  (2) If the feed is a customer formula feed or a custom medicated feed, the person who manufactures that feed must have a copy of the customer formula or the veterinary prescription under which the feed is manufactured in their possession during the manufacture of that feed and keep that copy for a period of two years after the last day of manufacture of that feed.

• Marginal note:Single ingredient feed

  (3) Any person that manufactures a single ingredient feed must keep a document containing the name of the feed, its identification code, its date of manufacture and the quantity manufactured for a period of two years after the day of manufacture of each lot of the feed, and keep a copy of any mix formula for a period of two years after the last day of manufacture of the feed.

Import of Feeds

Manufacture or Sale for Export or Export of Feeds

Marginal note:Non-compliant feed

• 69 (1) Subject to subsection (2), any person may manufacture or sell a feed that is intended to be exported and that does not meet any of the requirements set out in sections 5 and 6 and 34 to 54 if a label that bears the word “Export” or “exportation” is applied or attached to the feed or accompanies it and if

  • (a) in the case where the foreign state to which the feed is exported has a different requirement on the same matter as the unmet requirement, the person prepares a document that substantiates that the foreign state’s requirement has been met; or

  • (b) in the case where the foreign state to which the feed is exported has no requirement on the same matter as the unmet requirement, the person prepares a document that sets out the specifications for the unmet requirement as stipulated by the person in the foreign state for whom the exported feed is intended.

• Marginal note:Exceptions

  (2) Subsection (1) does not apply if the feed that is intended to be exported is or contains an ingredient that is a novel viable organism, a feed with a novel trait or a feed that includes a novel product of biotechnology manufactured in Canada unless it is a substance or a living organism that

  • (a) is specified on the Domestic Substances List maintained by the Minister of the Environment under the Canadian Environmental Protection Act, 1999;

  • (b) is approved under an Act of Parliament that is listed in Schedule 2 or 4 of the Canadian Environmental Protection Act, 1999;

  • (c) is included in

    • (i) a novel food, as defined in section B.28.001 of the Food and Drug Regulations, that has been established as safe for consumption in accordance with sections B.28.002 and B.28.003 of those Regulations, or

    • (ii) a natural health product for which a product licence has been issued in accordance with the Natural Health Products Regulations and which has not been suspended or canceled; or

  • (d) is specified on

    • (i) the List of Permitted Supplemental Ingredients as defined in subsection B.01.001(1) of the Food and Drug Regulations,

    • (ii) the List of Veterinary Health Products referred to in the definitionList C in subsection C.01.001(1) of the Food and Drug Regulations,

    • (iii) the List of Permitted Anticaking Agents referred to in the definition List in subsection 1(1) of the Marketing Authorization for Food Additives That May Be Used as Anticaking Agents,

    • (iv) the List of Permitted Bleaching, Maturing or Dough Conditioning Agents referred to in the definition List in subsection 1(1) of the Marketing Authorization for Food Additives That May Be Used as Bleaching, Maturing or Dough Conditioning Agents,

    • (v) the List of Permitted Emulsifying, Gelling, Stabilizing or Thickening Agents referred to in the definition List in subsection 1(1) of the Marketing Authorization for Food Additives That May Be Used as Emulsifying, Gelling, Stabilizing or Thickening Agents,

    • (vi) the List of Permitted Firming Agents referred to in the definition List in subsection 1(1) of the Marketing Authorization for Food Additives That May Be Used as Firming Agents,

    • (vii) the List of Permitted Food Enzymes referred to in the definition List in subsection 1(1) of the Marketing Authorization for Food Additives That May Be Used as Food Enzymes,

    • (viii) the List of Permitted Preservatives referred to in the definition List in subsection 1(1) of the Marketing Authorization for Food Additives That May Be Used as Preservatives,

    • (ix) the List of Permitted Yeast Foods referred to in the definition List in subsection 1(1) of the Marketing Authorization for Food Additives That May Be Used as Yeast Foods, or

    • (x) the List of Permitted Food Additives with Other Accepted Uses referred to in the definition List in subsection 1(1) of the Marketing Authorization for Food Additives with Other Accepted Uses.

Traceability

Samples for Analysis

Marginal note:Requirements

• 73 (1) A sample of feed taken by an inspector for analysis must be representative of the lot of feed from which it is taken and be of sufficient size to be satisfactory for analytical purposes.

• Marginal note:Packaged feed — more than 5 kg

  (2) If the feed to be analyzed is in packages of more than 5 kg, samples approximately equal in size must be taken from not fewer than 10 separate packages of the feed or, if the lot contains fewer than 10 packages, samples approximately equal in size must be taken from each of the packages.

• Marginal note:Packaged feed — 5 kg or less

  (3) If the feed to be analyzed is in packages of 5 kg or less, one unbroken package may constitute a sample.

• Marginal note:Damaged feed

  (4) If a portion of the feed that is to be analyzed appears mouldy or otherwise damaged in a manner to affect its suitability for feeding purposes, separate samples may be taken of the undamaged portion and the damaged portion.

• Marginal note:Bulk feed

  (5) If the feed to be analyzed is in bulk, samples of approximately equal size must be taken from not fewer than 10 separate sections of that bulk feed.

Tolerance Limits

Marginal note:Nutrient guarantees

• 74 (1) The tolerance limits set out in column 3 of Schedule 1 must be applied to the nutrient guarantees and compared to the analyst’s results of the analysis for the purpose of determining the accuracy of the guaranteed analysis shown on the label under paragraph 45(1)(e) for the nutrients set out in column 1.

• Marginal note:Medicating ingredient guarantee

  (2) The tolerance limits set out in column 2 of Schedule 2 must be applied to the medicating ingredient guarantee and compared to the analyst’s results of the analysis for the purpose of determining the accuracy of the guaranteed amount shown on the label under subparagraphs 45(2)(c)(i) and (d)(iii) for a medicating ingredient set out in column 1 that is present in a feed.

Seizure and Detention

Marginal note:Detention tag

• 75 (1) Any article seized under section 9 of the Act may be detained by an inspector at any place by attaching a detention tag to the article or to any part of it.

• Marginal note:Notice of detention

  (2) If an article is detained, an inspector must provide a notice of detention to its owner or to the person in possession of it.

• Marginal note:Prohibition

  (3) It is prohibited for a person to alter or remove a detention tag or to sell or move any detained article unless an inspector gives written authorization to the person to do so.

• Marginal note:Notice of release

  (4) If an article is released under subsection 9(2) of the Act, an inspector must provide a notice of release to the person to whom the notice of detention was provided.

• Marginal note:Forfeited articles

  (5) Any article forfeited under subsection 9(3) or 9.1(3) of the Act must be disposed of in the following manner:

  • (a) in the case of a feed that is fit for feeding to livestock, it must be

    • (i) sold and the proceeds deposited to the credit of the Receiver General, or

    • (ii) donated to a registered charity within the meaning of subsection 248(1) of the Income Tax Act;

  • (b) in the case of a feed that is not fit for feeding to livestock, it must be disposed of in a safe manner; and

  • (c) in the case of an article other than a feed, it must be sold and the proceeds deposited to the credit of the Receiver General.

Transitional Provisions

Marginal note:Definition of former Regulations

76 For the purposes of sections 77 to 83, former Regulations means the Feeds Regulations, 1983 as they read immediately before the day on which this section comes into force.

Marginal note:Exemption — paragraph 3(b) of former Regulations

• 77 (1) Paragraph 3(b) of the former Regulations continues to apply for the 18-month period that begins on the day on which this section comes into force.

• Marginal note:Exemption — paragraph 3(c.1) of former Regulations

  (2) Paragraph 3(c.1) of the former Regulations continues to apply on or after the day on which this section comes into force provided that the importer of the feed complies with the requirements of that paragraph, before the day on which this section comes into force.

Marginal note:Notification of release

• 78 (1) If, before the day on which this section comes into force, a notification for an authorization for the release of a novel feed has been provided to the Minister under paragraph 4.1(1)(a) of the former Regulations, accompanied by the undertaking referred to in paragraph 4.1(1)(b) of the former Regulations and the information set out in section 4.2 of the former Regulations, and the Minister has not made a decision under subsection 4.3(1) of the former Regulations, the Minister must approve the feed under section 8 if the requirements set out in paragraphs 8(1)(b) and (c) are met.

• Marginal note:Notice of refusal

  (2) If the requirements set out in paragraphs 8(1)(b) and (c) are not met, the Minister must provide written notice of the refusal to approve the feed to the person providing the notification and provide the reasons for the decision.

• Marginal note:New information — release

  (3) If, at any time after receiving authorization from the Minister for the release of a novel feed under paragraph 4.3(1)(a) of the former Regulations, a person becomes aware of any new information that the feed may present a risk of harm to human or animal health or the environment, the person must make an application for approval for that feed in accordance with section 7.

Marginal note:Pending application to register a feed

79 Every application to register a feed made to the Director in accordance with section 6 of the former Regulations that is pending on the day on which this section comes into force must be dealt with in accordance with the former Regulations.

Marginal note:Validity of registration certificate

80 A registration certificate issued under section 9 of the former Regulations that is valid immediately before the day on which this section comes into force is deemed to have been issued under section 11 of these Regulations.

Marginal note:Cancellation of registration certificate

81 Section 12 of the former Regulations continues to apply in respect of a registration certificate on or after the day on which this section comes into force if, before that day, the Minister has sent the notice referred to in subsection 12(2) of the former Regulations to the registrant by registered mail.

Marginal note:Retention of documents — manufacture before coming into force

• 82 (1) Subsections 15(1) and (4) of the former Regulations continue to apply in respect of any of the feeds referred to in those subsections if they were manufactured before the day on which this section comes into force.

• Marginal note:Retention of documents — manufacture on or after coming into force

  (2) Section 64 applies in respect of any of the feeds referred to in that section only if they are manufactured on or after the day on which this section comes into force.

Marginal note:Content of feed

• 83 (1) Nothing in these Regulations prohibits the manufacture, sale or import of a feed that does not comply with the standard set out in section 35 if it complies with the standard set out in section 19 of the former Regulations.

• Marginal note:Single ingredient feed

  (2) Nothing in these Regulations prohibits the sale or import of a feed that does not comply with the standard set out in section 42 if it complies with the standard set out in subsection 22(2) of the former Regulations.

• Marginal note:Labelling

  (3) Nothing in these Regulations prohibits the manufacture, sale or import of a feed the labelling of which does not comply with the requirements set out in subsection 48(1), sections 44 to 47 and 49 to 54 if the labelling of that feed complies with the requirements set out in sections 24 and 26 to 33 of the former Regulations.

Amendment to These Regulations

Consequential Amendments

Health of Animals Act

Health of Animals Regulations

84 [Amendments]

Food and Drugs Act

Food and Drug Regulations

85 [Amendments]

86 [Amendments]

87 [Amendments]

88 [Amendments]

Repeal

89 The Feeds Regulations, 1983Footnote ³ are repealed.

• Return to footnote ³SOR/83-593

Coming into Force

Marginal note:S.C. 2015, c. 2

• 90 Footnote ^*(1) Subject to subsections (2) and (3), these Regulations come into force on the day on which subsection 53(1) of the Agricultural Growth Act comes into force, but if they are registered after that day, they come into force on the day on which they are registered.

  • Return to footnote ^*[Note: Subject to subsections (2) and (3), these Regulations come into force on June 17, 2024, see SI/2024-26.]

• Marginal note:18th month — S.C. 2015, c. 2

  (2) Paragraphs 1(2)(b), (e), (g) and (i) and 3(2)(b) and sections 18 to 33, 68 and 70 come into force on the day that, in the 18th month after the month in which subsection 53(1) of the Agricultural Growth Act comes into force, has the same calendar number as the day on which that subsection comes into force or, if that 18th month has no day with that number, the last day of that 18th month.

• Marginal note:First anniversary — S.C. 2015, c. 2

  (3) Subparagraph 3(2)(a)(iii), paragraph 3(2)(c), section 43, subsection 48(2) and sections 55 to 60, 62, 63, 65 to 67, 71,72 and 83.1 come into force on the first anniversary of the day on which subsection 53(1) of the Agricultural Growth Act comes into force.