Feeds Regulations, 1983 (SOR/83-593)

• 6 (1) Every application to register a feed shall be made to the Director on Form I of Schedule III.

• (2) Every application referred to in subsection (1) shall be accompanied by

  • (a) five copies of a proposed label to be used with the feed or, in the case of a feed that is being re-registered without any changes, five copies of the label used with the feed; and

  • (b) [Repealed, SOR/96-422, s. 1]

  • (c) where copies of a proposed label accompany the application, an undertaking by the applicant to submit five copies of the actual label or a facsimile thereof to the Director within three months from the date of registration.

• (3) Each set of labels accompanying an application shall be identified by an attachment number and such attachment number shall be indicated on the application.

• (4) [Repealed, SOR/86-392, s. 2]

7 Where an application to register a feed is made by an applicant who is not resident in Canada, the feed is not eligible for registration unless the application is signed by an agent of the applicant who is permanently resident in Canada and to whom any notice or correspondence under the Act may be sent and such agent gives an undertaking to the Director on Form II of Schedule III.

Satisfactory Evidence

• 8 (1) In addition to the requirements set out in section 6, an applicant shall provide the Director with satisfactory evidence to permit an assessment or evaluation of the safety and efficacy of the feed in respect of livestock and its potential effect on humans and on the environment.

• (2) The evidence referred to in subsection (1) shall, where appropriate, include the following information, descriptions and reports:

  • (a) the results of scientific investigations respecting

    • (i) the conditions and the prevalence of such conditions under which the feed would be efficacious for its intended purposes,

    • (ii) the safety of the feed in respect of the species of livestock for which it is intended and in respect of other species of livestock and humans who may be exposed to it,

    • (iii) suitable methodology for the detection of significant amounts of any ingredient, compound, substance or organism that is intentionally incorporated into the feed or that occurs as a contaminant of the feed,

    • (iv) harmful residues, if any,

    • (v) significant changes in the chemical or physical composition of livestock products produced when the feed is used, and

    • (vi) the stability of the feed under practical conditions of storage;

  • (b) a description of production methods including

    • (i) information with respect to actual formulas to be used in the manufacture of the feed,

    • (ii) information with respect to the type and capacity of the equipment to be used in the manufacture of the feed, and

    • (iii) information with respect to quality control procedures to assure uniformity of the mix and the lack of contamination of subsequent lots of feed manufactured in the same place; and

  • (c) reports of analysis for any specified nutrient or medicating ingredient that is required to be guaranteed in the feed conducted on at least three samples, each drawn from a different one-third of a single mix or batch of the feed.

• (3) Where any investigation has been performed for the purpose of providing the evidence referred to in subsection (1), the applicant shall establish that

  • (a) the investigation was conducted or supervised by qualified research personnel;

  • (b) the investigation was designed to facilitate statistical analysis and the results of the investigation were analysed by appropriate statistical methods; and

  • (c) the investigation was conducted under conditions similar to those that may be expected to occur in Canada.

Registration and Renewal of Registrations

• 9 (1) Where an application for registration of a feed is assessed or evaluated and the feed is found to meet the requirements of the Act and these Regulations, a registration number shall be assigned to that feed and a feed registration certificate shall be issued to the applicant.

• (2) A feed registration certificate may be issued in respect of one or more feeds.

• (3) A registrant may surrender a feed registration certificate by submitting to the Director Form III of Schedule III, duly completed, that the registrant shall be provided with by the Director and that shall contain a list of the feeds for which the registrant has a registration certificate.

• (4) Every feed registration certificate with an expiry date of March 31, 1986 shall, notwithstanding the expiry date, continue in effect on the same terms and conditions as a certificate referred to in subsection (3).

• (5) Where all requirements for the registration of a feed, except those pertaining to efficacy, are met, the Director may, if the Director is satisfied that no safety hazard is likely to arise for livestock and that potential benefits for livestock may be derived from the registration of the feed, issue a temporary registration certificate for a limited period during which tests to determine the efficacy of the feed will be carried out.

• (6) Every feed registration certificate shall expire

  • (a) on September 30, 1996, if issued before January 1, 1985;

  • (b) on March 31, 1997, if issued during the period beginning on January 1, 1985 and ending on December 31, 1986;

  • (c) on March 31, 1998, if issued during the period beginning on January 1, 1987 and ending on March 31, 1996;

  • (d) on March 31 of the third year that follows the year of registration or the year of the latest renewal, as the case may be, if issued after March 31, 1996;

  • (e) on the date the Director receives from the registrant Form III of Schedule III indicating that the registrant agrees to surrender the feed registration certificate; or

  • (f) on the date the certificate of registration is cancelled by the Minister in accordance with section 12.

• (7) Any application to renew or amend a registration shall be made to the Minister in the same manner as an application for registration, and is considered to be an application for registration for the purposes of these Regulations.

10 Where a feed that is required to be registered is to be marketed in more than one physical form, one application for registration of that feed may be made, one registration fee paid and one registration number assigned to it.

Refusal to Register and Cancellation of Registration

11 The Director shall refuse to register a feed if, after an assessment or evaluation of the application for registration, there are reasonable grounds to believe that

• (a) its brand or name would tend to deceive or mislead a purchaser with respect to its composition or usefulness;

• (b) its brand would likely be confused with a brand already applied to a registered feed;

• (c) it is deleterious or injurious to livestock or humans when used according to directions;

• (d) it is unsuited for the purpose for which it is to be sold or represented;

• (e) it does not meet the standards prescribed by these Regulations for that feed;

• (e.1) it does not conform to the requirements of the Health of Animals Act, or any regulations made under that Act, respecting animal by-products, animal food or animal products; or

• (f) the labelling information or guarantees do not fully describe the usefulness of the feed.

• 12 (1) Subject to subsections (2) to (4), the Minister shall cancel a certificate of registration in respect of any feed if there are reasonable grounds to believe that, with respect to that feed, there has been a contravention of the Act, these Regulations, the Health of Animals Act or any regulations made under that Act.

• (2) A certificate of registration shall be cancelled only if the Minister has sent a notice to the registrant by registered mail that

  • (a) identifies the provision of the Act or these Regulations that has not been complied with;

  • (b) sets out a time limit for the registrant to comply with those provisions in order to avoid the proposed cancellation; and

  • (c) specifies that the registration will be cancelled unless the registrant, within 30 days after the date of mailing the notice, notifies the Minister, in writing, that the registrant wishes to have an opportunity to be heard respecting the proposed cancellation.

• (3) Within 30 days after the date of receipt of the written notification referred to in paragraph (2)(c), the Minister shall notify the registrant by registered mail of the time and place of the hearing to determine whether the certificate of registration will be cancelled.

• (4) The Minister shall cancel the certificate of registration where

  • (a) the registrant has failed to notify the Minister pursuant to paragraph (2)(c);

  • (b) the registrant has failed to comply with, or has failed to bring the feed for which the certificate of registration was issued into compliance with, the provisions of the Act or these Regulations referred to in paragraph 2(a) within the period specified in the notice or continues, after that period has expired, to contravene or fail to comply with those provisions; and

  • (c) a notice of cancellation of registration has been sent by registered mail to the registrant.

13 Where the Director refuses to register a feed pursuant to section 11, the Director shall notify the applicant by mail of the refusal and the reasons therefor.

Standards and General Requirements

14 A mixed feed shall not contain

• (a) ingredients other than those listed in Schedule IV or V;

• (b) medicating ingredients of a brand, at a level or for a purpose or species other than as set out in the Compendium of Medicating Ingredient Brochures unless the feed is a veterinary prescription feed.

• (c) [Repealed, SOR/88-473, s. 3]

• 15 (1) Every person who manufactures or sells a customer formula feed, a consultant formula feed, a feed described in paragraph 5(2)(d) or a veterinary prescription feed shall keep a copy of each mixing formula used in the manufacture of that feed and retain it

  • (a) in the case of a customer formula feed, a consultant formula feed or a feed described in paragraph 5(2)(d), for a period of six months from the last date of manufacture of that feed; or

  • (b) in the case of a veterinary prescription feed, for a period of one year from the last date of manufacture of that feed.

• (2) Every consultant formula feed and feed described in paragraph 5(2)(d) shall be

  • (a) labelled in accordance with sections 26 to 33; and

  • (b) packaged in accordance with section 34.

• (3) Every customer formula feed shall be

  • (a) manufactured in accordance with a signed customer formula; and

  • (b) labelled in accordance with section 26.

• (4) Every manufacturer of a customer formula feed or a veterinary prescription feed shall keep a copy of the customer formula or the veterinary prescription under which the feed is manufactured in the manufacturer’s possession during the manufacture of that feed and shall keep that copy, together with a list of each date on which the feed was manufactured,

  • (a) in the case of a customer formula feed, for a period of at least six months from the last date of manufacture of that feed; or

  • (b) in the case of a veterinary prescription feed, for a period of at least one year from the last date of manufacture of that feed.

16 No significant change shall be made by a registrant to a feed registered under these Regulations unless an application for registration of the feed with the significant change is assessed or evaluated by the Director and the feed is found to comply with these Regulations.