Feeds Regulations, 2024 (SOR/2024-132)

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.