1. These Regulations may be cited as the Fertilizers Regulations.

• 2. (1) In these Regulations,

  “Act”

  “Act” means the Fertilizers Act; (Loi)

  “Agency”

  “Agency” means the Canadian Food Inspection Agency established by section 3 of the Canadian Food Inspection Agency Act; (Agence)

  “Agricultural Inspection Directorate”

  “Agricultural Inspection Directorate”[Repealed, SOR/93-232, s. 2]

  “available”

  “available” or “soluble” means soluble by the methods of analysis referred to in section 23; (assimilable or soluble)

  “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)

  “brand”

  “brand” means any distinctive mark or trade name, other than a name or grade required by these Regulations, applied by the manufacturer, registrant or vendor to a fertilizer or supplement to distinguish it from any other fertilizer or supplement; (marque)

  “cattle”

  “cattle” means animals of the species Bos taurus or Bos indicus; (bœuf)

  “Compendium of Fertilizer-Use Pesticides”

  “Compendium of Fertilizer-Use Pesticides” means the Compendium of Fertilizer-Use Pesticides, 2nd edition, published by the Department of Agriculture (August 1994); (Recueil des pesticides à usage dans les engrais)

  “customer-formula fertilizer”

  “customer-formula fertilizer” means a fertilizer prepared in accordance with a written formula that sets forth the name, amount and analysis of each ingredient, the fertilizer grade of the total mixture and the signature of the person for whose use for fertilizing purposes it has been prepared; (engrais préparé d’après la formule du client)

  “Director”

  “Director” means the Director designated by the President of the Agency; (directeur)

  “environment”

  “environment” means the components of the Earth and includes

  • (a) air, land and water,

  • (b) all layers of the atmosphere,

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

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

  “farm fertilizer”

  “farm fertilizer” includes any fertilizer other than a specialty fertilizer; (engrais agricole)

  “fertilizer”

  “fertilizer” includes a fertilizer derived through biotechnology; (engrais)

  “fertilizer-pesticide”

  “fertilizer-pesticide” means any fertilizer that contains a pesticide; (engrais-antiparasitaire)

  “fineness”

  “fineness”[Repealed, SOR/85-558, s. 1]

  “grade”

  “grade” means the percentage content of total nitrogen, available phosphoric acid and soluble potash stated in that sequence; (catégorie)

  “guaranteed analysis”

  “guaranteed analysis” means a guaranteed analysis referred to in section 15; (analyse garantie)

  “lesser plant nutrient”

  “lesser plant nutrient” means any plant nutrient other than nitrogen, phosphorus and potassium; (principe nutritif secondaire)

  “major plant nutrient”

  “major plant nutrient” means nitrogen (N), phosphorous (P), or potassium (K); (principe nutritif principal)

  “mixed fertilizer”

  “mixed fertilizer” includes all fertilizers other than fertilizers consisting of a single material or one chemical compound; (engrais mélangé)

  “nitrogen”

  “nitrogen” means elemental nitrogen (N); (azote)

  “novel supplement”

  “novel supplement” means

  • (a) a supplement that is not registered and not exempt from registration, or

  • (b) a supplement that is derived through biotechnology and has a novel trait; (supplément nouveau)

  “novel trait”

  “novel trait”, in respect of a supplement derived through biotechnology, means a characteristic of the supplement that

  • (a) has been intentionally selected, created or introduced into a distinct, stable population [of supplements] of the same species through a specific genetic change, and

  • (b) based on valid scientific rationale, is not substantially equivalent, in terms of its specific use and safety both for the environment and for human health, to any characteristic of a similar supplement that is in use as a supplement in Canada and is considered safe for use as a supplement in Canada; (caractère nouveau)

  “organic matter”

  “organic matter” means that substance remaining after removal of the moisture and total ash fractions from partially humified matter of animal or vegetable origin; (matière organique)

  “per cent”

  “per cent” means per cent by weight; (pour cent)

  “pesticide”

  “pesticide” means a pest control product as defined in the Pest Control Products Act; (antiparasitaire)

  “phosphoric acid”

  “phosphoric acid”[Repealed, SOR/93-232, s. 2]

  “phosphoric acid”

  “phosphoric acid” or “phosphate” means phosphorus pentoxide (P₂0₅); (acide phosphorique or phosphate)

  “Plant Products Division”

  “Plant Products Division”[Repealed, SOR/85-558, s. 1]

  “potash”

  “potash” means potassium oxide (K₂O); (potasse)

  “registrant”

  “registrant” means a person who has been issued a certificate of registration under these Regulations; (inscrit)

  “release”

  “release” means any discharge or emission of a supplement into the environment or exposure of a supplement to the environment; (dissémination)

  “ruminant”

  “ruminant” means an animal of the suborder Ruminatiae and includes an animal of the family Camelidae; (ruminant)

  “sample”

  “sample” means a sample of fertilizer or supplement taken by an inspector; (échantillon)

  “shipping bill”

  “shipping bill” means a bill accompanying a shipment of fertilizer or supplement; (connaissement)

  “specialty fertilizer”

  “specialty fertilizer” means a fertilizer

  • (a) recommended for use only on household plants, urban gardens, lawns or golf courses or in nurseries or greenhouses, or

  • (b) that contains no major plant nutrients and contains lesser plant nutrients other than calcium (Ca), magnesium (Mg) and sulphur (S); (engrais spécial)

  “specified risk material”

  “specified risk material” means the skull, brain, trigeminal ganglia, eyes, tonsils, spinal cord and dorsal root ganglia of cattle aged 30 months or older, and the distal ileum of cattle of all ages, but does not include material from a country of origin as defined in section 2 of the Health of Animals Regulations, or a part of a country of origin, that is designated under section 7 of those Regulations as posing a negligible risk for Bovine Spongiform Encephalopathy; (matériel à risque spécifié)

  “supplement”

  “supplement” includes a supplement derived through biotechnology; (supplément)

  “water-insoluble nitrogen”

  “water-insoluble nitrogen” means nitrogen insoluble in water when analysed by the method of analysis referred to in section 23. (azote insoluble dans l’eau)

• (2) For the purposes of sections 23.1 to 23.4, a novel supplement is toxic if it is entering or may enter the environment in a quantity or concentration or under conditions

  • (a) having or that may have an immediate or long-term harmful effect on the environment;

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

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