Feeds Regulations, 2024 (SOR/2024-132)

Marginal note:Definitions

55 The following definitions apply in this section and sections 56 to 60.

acceptable level

acceptable level means a level of a biological, chemical or physical hazard that does not present a risk of contamination of a feed. (niveau acceptable)

control measure

control measure means a measure that can be applied to prevent or eliminate any biological, chemical or physical hazard that presents a risk of contamination of a feed or to reduce the hazard to an acceptable level. (mesure de contrôle)

critical control point

critical control point means a step at which the application of a control measure is essential to prevent or eliminate any biological, chemical or physical hazard that presents a risk of contamination of a feed or to reduce the hazard to an acceptable level. (point de contrôle critique)

equipment

equipment means equipment, in a facility, that is used in connection with an activity that is regulated under the Act. (équipement)

facility

facility means a location, excluding a conveyance, where a feed is manufactured, stored, packaged, labelled or sold. (installation)

Marginal note:Identification and analysis of hazards

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  56 (1) A person who manufactures, stores, packages, labels, sells or exports a feed must identify the biological, chemical and physical hazards that are present in that feed and analyze those hazards to determine whether they present a risk of contamination of that feed.

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  Marginal note:Control of hazards

  (2) The person must prevent, eliminate or reduce to an acceptable level the hazards identified as being present in the feed by using control measures that are shown by evidence to be effective, including any treatment or process that is necessary for the feed to comply with section 35.

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  Marginal note:Factors

  (3) In identifying and analyzing the hazards referred to in subsection (1), the person must consider the effect of any factor relevant to the safety of the feed, including

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    (a) the formulation of the feed;

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    (b) the ingredients of the feed, including raw materials;

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    (c) the level of any inherent contaminant in the feed;

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    (d) the procedures for manufacturing, processing, packaging and labelling the feed;

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    (e) the storage and distribution of the feed;

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    (f) transportation practices;

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    (g) the intended or reasonably foreseeable use of the feed;

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    (h) the condition, function, design and sanitation of the facility and equipment;

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    (i) employee hygiene; and

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    (j) meteorological conditions.

Marginal note:Preparing, keeping and maintaining

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  57 (1) A person who manufactures, stores, packages, labels, sells or exports a feed must prepare, keep and maintain a written preventive control plan that meets the requirements set out in section 59 for any of those activities.

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  Marginal note:Exception

  (2) Despite subsection (1), a preventive control plan is not required to be prepared, kept or maintained for any activity conducted by that person in respect of a feed that is a cultivated farm crop that

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    (a) is unprocessed and will be manufactured, processed or treated for use as a grain, oil, pulse or sugar; and

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    (b) has a label applied or attached to it that bears the words “For Further Preparation Only” or “pour conditionnement ultérieur seulement”.

Marginal note:Implementation

58 Any person that is required to prepare, keep and maintain a preventive control plan must implement that plan.

Marginal note:Content — hazards

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  59 (1) The preventive control plan must include the following information:

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    (a) a description of the biological, chemical and physical hazards that are identified under section 56 as presenting a risk of contamination of a feed, the control measures for preventing or eliminating those hazards or reducing them to an acceptable level, and the evidence that shows that the control measures are effective;

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    (b) a description of any critical control point, including, for each,

    • (i) the related control measures and the evidence that shows that the control measures are effective,

    • (ii) a description of the critical limits,

    • (iii) the procedures for monitoring the critical control points in relation to their critical limits, and

    • (iv) the corrective action procedures; and

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    (c) the procedures for verifying that the implementation of the preventive control plan results in compliance with the provisions of the Act and these Regulations.

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  Marginal note:Content — measures to be taken

  (2) The preventive control plan must describe the measures that will be taken to ensure that

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    (a) the cleaning and sanitation of a facility and of any equipment are conducted in a manner that does not present a risk of contamination of a feed;

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    (b) a facility is protected against the entry of any animal that presents a risk of contamination of a feed and that the measures do not present a risk of contamination of that feed;

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    (c) no substance in a facility presents a risk of contamination of a feed and no substance is handled or used in a manner that presents such a risk;

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    (d) any sanitizer or non-feed chemical or biological agent in a facility

    • (i) is properly and clearly identified,

    • (ii) is suitable for its intended use, and

    • (iii) is handled and used in accordance with the manufacturer’s instructions;

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    (e) any agronomic input, pet food or veterinary drug in a facility is properly and clearly identified;

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    (f) any conveyance that is used to manufacture or convey a feed to or from a facility and that is unloaded or loaded at the facility

    • (i) is designed, constructed, used and maintained to prevent, eliminate or reduce to an acceptable level any risk of contamination of the feed,

    • (ii) is constructed of, and maintained using, materials that are suitable for their intended use and do not present a risk of contamination of the feed,

    • (iii) is equipped with instruments to control, indicate and record any parameters that are necessary to prevent, eliminate or reduce to an acceptable level any risk of contamination of the feed,

    • (iv) functions as intended,

    • (v) is accessible for cleaning, sanitizing, maintenance and inspection,

    • (vi) is of sound construction and in good repair,

    • (vii) if necessary, is calibrated in accordance with the manufacturer’s instructions,

    • (viii) does not contain or has not contained any animal, any pest control product as defined in subsection 2(1) of the Pest Control Products Act or any other material or substance that presents a risk of contamination of the feed unless the conveyance is adequately sanitized, and

    • (ix) is clean and in a sanitary condition to prevent, eliminate or reduce to an acceptable level any risk of contamination of the feed;

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    (g) any equipment that is used in the manufacturing, storing, packaging or labelling of a feed

    • (i) meets the requirements set out in subparagraphs (f)(i) to (vii), and

    • (ii) is appropriate for the feed and for the activity being conducted;

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    (h) any equipment or conveyance in a facility that is used to handle contaminated materials, waste or any other thing that is not intended for a feed, unless that equipment or conveyance does not come into contact with those materials, that waste or those things,

    • (i) is used only for that purpose and identified as being reserved for that purpose, or

    • (ii) meets the applicable requirements set out in paragraph (g);

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    (i) any risk is prevented, eliminated or reduced to an acceptable level for

    • (i) any land that forms part of a facility and that presents a risk of contamination of a feed, and

    • (ii) any facility located near any place or thing that presents a risk of contamination of a feed;

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    (j) the interior of a facility is

    • (i) designed to minimize the accumulation of materials that present a risk of contamination of a feed and to permit effective maintenance, cleaning and, if applicable, sanitizing,

    • (ii) designed, constructed and maintained in such a manner that it does not present a risk of contamination of a feed, including

      • (A) the size and layout are adequate to accommodate the activity being conducted and the equipment used in the activity,

      • (B) the entry of insects, rodents and other vermin is minimized, and

      • (C) any floors, walls, ceilings, windows and doors are smooth, non-absorbent and impervious to moisture, except if those floors, walls, ceilings, windows or doors do not present a risk of contamination of a feed,

    • (iii) constructed of, and maintained using, materials that are suitable for their intended use and appropriate for the feed and for the activity being conducted, and

    • (iv) of sound construction and in good repair;

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    (k) a facility or conveyance where a feed is manufactured, stored, packaged or labelled is designed, constructed and maintained in such a manner that the movement of persons and things within, into and out of it is controlled;

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    (l) the movement of persons and things referred to in paragraph (k) does not present a risk of contamination of a feed;

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    (m) physical or other effective means are used to separate incompatible activities in order to prevent contamination of a feed;

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    (n) physical or other effective means are used to separate a feed from

    • (i) anything that presents a risk of contamination of the feed,

    • (ii) any feed that does not meet the requirements of the Act or these Regulations, and

    • (iii) anything that is manufactured, stored, packaged or labelled in a facility and not intended or sold for use as a feed;

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    (o) any feed that does not meet the requirements of the Act or these Regulations is identified as such and placed in a designated area when it arrives at a facility;

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    (p) the feed referred to in paragraph (o) does not contaminate any other feed that is in the facility;

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    (q) a facility has means for the removal and disposal of contaminated materials and waste and, if necessary to prevent contamination of a feed, is equipped with a drainage, sewage and plumbing system that functions as intended;

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    (r) contaminated materials and waste are removed and disposed of at a frequency that is sufficient to prevent contamination of a feed and in a manner that does not present a risk of contamination of the feed;

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    (s) any water that might come into contact with a feed must not present a risk of contamination of that feed;

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    (t) any steam or ice that might come into contact with a feed must not present a risk of contamination of the feed;

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    (u) any system that supplies water is not cross-connected with any other system, unless measures are taken to prevent, eliminate or reduce to an acceptable level any risk of contamination of a feed as a result of the cross-connection;

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    (v) any treatment of water, steam or ice is conducted in a manner that does not present a risk of contamination of a feed;

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    (w) any unloading and loading of a feed from or onto a conveyance at a facility is conducted in a manner that does not present a risk of contamination of the feed;

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    (x) any storing of a feed is conducted in a manner that does not present a risk of contamination of the feed;

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    (y) any storing of conveyances, equipment, sanitizers, agronomic inputs, veterinary drugs, chemical agents, packaging materials, labels or any other thing that is used in the manufacturing, storing, packaging or labelling of a feed is conducted in a manner that does not present a risk of contamination of the feed;

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    (z) any person who is involved in the manufacturing, storing, packaging or labelling of a feed has the competencies and qualifications that are necessary to carry out their duties;

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    (z.1) any person who enters or is in an area where a feed is manufactured, stored, packaged or labelled wears clothing, footwear and protective coverings that will prevent, eliminate or reduce to an acceptable level any risk of contamination of the feed; and

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    (z.2) a facility and any equipment are clean and in a sanitary condition to prevent, eliminate or reduce to an acceptable level any risk of contamination of the feed.

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  Marginal note:Content — other requirements

  (3) The preventive control plan must include a description of the measures for ensuring that the applicable requirements set out in sections 34 to 54, 61 to 64, 69 and 71 are met.