Short Title

1 These Regulations may be cited as the Fertilizers Regulations.

Interpretation

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  Agricultural Inspection Directorate[Repealed, SOR/93-232, s. 2]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

Certificate of Appointment or Designation of Inspector

2.1 [Repealed, SOR/2000-184, s. 56]

Exemptions Generally

• 3 (1) The following fertilizers and supplements are exempt from the Act and these Regulations:

  • (a) [Repealed, SOR/79-365, s. 2]

  • (b) animal and vegetable manures that are sold in their natural condition and comply with section 11;

  • (c) fertilizers and supplements that are intended for export and labelled accordingly;

  • (d) fertilizer materials such as rock phosphate that are sold for manufacturing purposes only and require further treatment before sale to the user thereof;

  • (e) supplements that are sold for manufacturing purposes, other than inoculants used for seed treatment; and

  • (f) fertilizers, other than fertilizer-pesticides, imported for direct application to the soil by the importer and not for sale in Canada.

  • (g) [Repealed, SOR/97-7, s. 3]

• (2) Supplements that are imported into or manufactured in Canada for experimental purposes are exempt from the Act and all provisions of these Regulations except sections 23.1 to 23.4.

Exemptions from Registration

• 3.1 (1) A customer-formula fertilizer containing a pesticide registered under the Pest Control Products Act for the purpose stated on the label is exempt from registration.

• (2) [Repealed, SOR/85-558, s. 3]

• (3) The following fertilizers and supplements are exempt from registration:

  • (a) fertilizers and supplements set out in Schedule II;

  • (b) farm fertilizers, if

    • (i) they are mixed fertilizers,

    • (ii) the nutrients contained in them are in a mineral form and are obtained by extraction or by physical or chemical processes, and

    • (iii) they do not contain a pesticide;

  • (c) supplements sold only for correction of soil acidity or alkalinity;

  • (d) supplements that consist of seeds that are treated with a fertilizer or a supplement that

    • (i) is exempt from registration, or

    • (ii) is registered, and whose label indicates that it is for use in treating seeds;

  • (e) peat, peat moss, sphagnum moss, tree bark and other fibrous organic matter that is represented for use only in improving the physical conditions of the soil;

  • (f) customer-formula fertilizers;

  • (g) specialty fertilizers, other than those referred to in paragraph (b) of the definition specialty fertilizers, that do not contain pesticides; and

  • (h) potting soils that contain a fertilizer or a supplement that

    • (i) is exempt from registration, or

    • (ii) is registered, and whose label indicates that it is for use in potting soils.

• (4) [Repealed, SOR/85-558, s. 3]

Registration

4 [Repealed, SOR/79-365, s. 4]

• 5 (1) In this section, application means an application for registration of a fertilizer or supplement and applicant means a person who makes an application.

• (2) Every application shall be made to the President of the Agency in the form set out in Schedule III.

• (3) Every application shall be accompanied by three copies of the label that is intended to be used for the fertilizer or supplement to which the application relates and such other information as is necessary to determine the safety, merit and value of such fertilizer or supplement.

• (4) [Repealed, SOR/96-424, s. 1]

• (5) Every application in respect of a fertilizer or supplement shall contain a guaranteed analysis of the fertilizer or supplement as prescribed in section 15.

• (5.1) and (5.2) [Repealed, SOR/2004-80, s. 11]

• (6) Where an application is made by an applicant who is not resident in Canada, the fertilizer or supplement to which the application relates is not eligible for registration unless the application is also 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 President of the Agency on the form set out in Schedule IV.

• (6.1) An application for the registration of a fertilizer or supplement shall be refused if there are reasonable grounds to believe that the fertilizer or supplement does not conform to the requirements of the Health of Animals Act, or any regulations made under that Act, respecting products of a rendering plant, animal by-products, animal food, animal products or manure.

• (7) Where an application for registration of a fertilizer or supplement is evaluated and the fertilizer or supplement is found to comply with the requirements of the Act and these Regulations, a registration number shall be assigned to that fertilizer or supplement and a certificate of registration shall be issued to the applicant.

• (8) [Repealed, SOR/85-558, s. 4]

• (9) Every certificate of registration expires 36 months after the day on which a registration number is assigned to the fertilizer or supplement.

6 A fertilizer or supplement that is not required to be registered shall not be registered.

7 No change in the label, chemical composition or ingredients of a fertilizer or supplement that is registered shall be made unless the registration is changed accordingly.

• 8 (1) Subject to this section, the President of the Agency may cancel the certificate of registration in respect of any fertilizer or supplement if he believes on reasonable grounds that with respect to that fertilizer or supplement there has been a violation of the Act or these Regulations, or of the Pest Control Products Act or any regulations made thereunder.

• (2) Where the President of the Agency intends to cancel a certificate of registration, he shall forward to the registrant by registered mail a notice stating that the certificate will be cancelled unless, within thirty days after the date of mailing such notice, the registrant notifies the President of the Agency that he wishes to have an opportunity to be heard respecting the proposed cancellation.

• (3) Where a registrant who has received a notice referred to in subsection (2) notifies the President of the Agency that he wishes to have an opportunity to be heard, the President of the Agency shall notify the registrant by registered mail of the time and place of a hearing to determine whether the registrant’s certificate of registration shall be cancelled, which hearing shall be held within thirty days after the date on which the President of the Agency receives notice that the registrant wishes to have an opportunity to be heard.

• (4) Where a registrant who has received a notice referred to in subsection (2) fails to notify the President of the Agency that he wishes to have an opportunity to be heard or fails to satisfy the President of the Agency that his certificate of registration should not be cancelled, the President of the Agency may cancel that certificate or registration.

9 A fertilizer-pesticide registered pursuant to the Act that contains a pesticide acceptable for registration pursuant to the Control Products Act shall be deemed to be registered pursuant to the Pest Control Products Act.

Standards

10 [Repealed, SOR/2013-79, s. 2]

10.1 [Repealed, SOR/93-155, s. 1]

• 10.2 (1) and (1.1) [Repealed, SOR/2013-79, s. 3]

• (2) A supplement containing viable microorganisms shall be so prepared that

  • (a) the amount of the product to be applied to the seed of any crop will not interfere with the commonly used rates of seeding for that crop, and

  • (b) the number of viable cells of microbial species are at a level not likely to be generally detrimental or seriously injurious to human, animal or plant health or the environment.

• (3) to (5) [Repealed, SOR/2013-79, s. 3]

10.3 [Repealed, SOR/2013-79, s. 4]

• 11 (1) A fertilizer or supplement shall not contain

  • (a) any substance in quantities likely to be generally detrimental or seriously injurious to vegetation (except weeds), domestic animals, public health or the environment when used according to directions;

  • (b) any substance that would, when applied in amounts commonly used or as specified in the directions for use, leave in the tissues of a plant a residue of a poisonous or harmful substance; or

  • (c) except in accordance with a permit issued under section 160 of the Health of Animals Regulations for the purpose of section 6.4 of those Regulations, proteins derived from specified risk material, in any form, that was removed from the carcasses of cattle or that is contained in the carcasses of cattle that died or were condemned before they otherwise would have been slaughtered for human consumption as food.

• (2) [Repealed, SOR/2013-79, s. 5]

• (3) A fertilizer shall not contain plant nutrients that are present at toxic levels if the fertilizer is used at recommended rates.

• (4) No fertilizer-pesticide shall contain a pesticide

  • (a) of a brand other than an approved brand as set out in the Compendium of Fertilizer-Use Pesticides; or

  • (b) that does not meet the requirements of the Compendium of Fertilizer-Use Pesticides in respect of the approved use and the application rate for that pesticide.

12 Every fertilizer or supplement sold or imported under a name set forth in Schedule II shall meet the standards provided in the definition of that fertilizer or supplement set forth in that Schedule.

13 [Repealed, SOR/2013-79, s. 6]

14 [Repealed, SOR/2013-79, s. 6]

Guaranteed Analysis

15 The guaranteed analysis of a fertilizer or a supplement shall include

• (a) in respect of each fertilizer, the minimum amount of total nitrogen, available phosphoric acid and soluble potash expressed in per cent,

• (b) in respect of each mixed fertilizer, other than customer-formula fertilizers and fertilizers represented for daily feeding and not for further dilution, the minimum amount of total nitrogen, available phosphoric acid and soluble potash expressed in per cent in whole numbers only,

• (c) in respect of each fertilizer, the minimum amount of calcium, magnesium and sulphur expressed in per cent on the elemental basis,

• (d) in respect of each fertilizer, the amount of each lesser plant nutrient, other than calcium, magnesium and sulphur, expressed in per cent on the elemental basis,

• (e) to (g) [Repealed, SOR/2013-79, s. 7]

• (h) in respect of an untreated organic or inorganic phosphatic fertilizer, the minimum amount of total phosphoric acid expressed in per cent,

• (i) where applicable, in respect of each supplement to which the analysis refers,

  • (i) the minimum amount of the active ingredient expressed in per cent,

  • (ii) the genus and, where known, the species of the active microorganism, and

  • (iii) the minimum number of active viable cells per gram of product of the genus and, where known, the species of the active microorganism in the product,

• (j) in respect of each fertilizer containing a pesticide, the amount of the active ingredient of the pesticide expressed in per cent,

• (j.1) in respect of agricultural liming materials whose calcium and magnesium compounds are capable of neutralizing soil acidity,

  • (i) the minimum amount of calcium and magnesium expressed in per cent on the elemental basis,

  • (ii) the minimum neutralizing value expressed in per cent of the acid neutralizing capacity of calcium carbonate, and

  • (iii) the per cent passing through a sieve having openings that are square and are each 0.149 mm (100 mesh TYLER screen) and 1.68 mm (10 mesh TYLER screen) in width,

• (j.2) in respect of acidifying materials capable of increasing hydrogen ion concentration of a growing medium, the minimum acidifying value expressed in per cent of the basic neutralizing capacity of hydrochloric acid,

where such ingredients are intentionally incorporated in that fertilizer or represented to be contained therein, and

• (k) in respect of natural rock phosphate basic slag, a mixture of natural rock phosphate and basic slag, hoof and horn meal and bone meal, the per cent passing through a sieve having openings that are square and are each 0.149 mm (100 mesh TYLER screen) in width;

• (l) in respect of each fertilizer, the maximum amount, expressed in per cent of leather, hoof, horn, hair, wool waste, garbage or any similar organic material unless the fertilizer or its constituents have been treated in a manner to make the phosphorus available and the potash soluble; and

• (m) in respect of manure, compost, humus or leaf mould, the minimum amount of organic matter expressed in per cent and the maximum amount of moisture expressed in per cent.

Labelling

• 16 (1) Subject to subsections (2), (4) and (5), every package containing a fertilizer shall have a label affixed to it on which shall be printed

  • (a) the name and address of the manufacturer of the fertilizer or of the registrant or, in the case of a fertilizer that is not registered under these Regulations, the name and address of the person who caused the fertilizer to be packaged;

  • (b) the brand of the fertilizer, if any;

  • (c) the name of the fertilizer;

  • (d) the registration number of the fertilizer, where applicable;

  • (e) the guaranteed analysis prescribed in section 15;

  • (f) in the case of a fertilizer-pesticide, a product represented to contain lesser plant nutrients other than calcium, magnesium or sulphur, a specialty fertilizer or a product represented for foliar feeding, the directions for use;

  • (g) where the fertilizer is a fertilizer-pesticide, all statements required by the Compendium of Fertilizer-Use Pesticides;

  • (h) the weight of the fertilizer;

  • (i) where the fertilizer is other than a specialty fertilizer and has intentionally incorporated in it or is represented to contain boron, copper, manganese, molybdenum or zinc or, in the opinion of the President of the Agency, has a natural high content of one or more of these lesser plant nutrients, the following cautionary statement:

    “CAUTION: This fertilizer contains (specify name of lesser plant nutrient) and should be used only as recommended. It may prove harmful when misused.”;

  • (j) in the case of a fertilizer that is or contains any prohibited material, as defined in subsection 162(1) of the Health of Animals Regulations, other than a rendered fat, conspicuous statements written legibly and indelibly in both official languages that indicate that

    • (i) feeding the product to cattle, sheep, deer or other ruminants is illegal and subject to fines or other punishment under the Health of Animals Act,

    • (ii) the product is not to be used on pasture land or other grazing areas for ruminants,

    • (iii) the product is not to be ingested, and

    • (iv) a person should wash his or her hands after the person uses the product; and

  • (k) the lot number of the fertilizer, unless the fertilizer is a customer-formula fertilizer.

• (2) Where a fertilizer is sold in bulk, the information required by this section shall be shown on the shipping bill or on a statement accompanying the shipment.

• (3) The information required by subsection (1) to be shown on a label of a registered fertilizer shall be the same as the information set forth on the certificate of registration.

• (4) Subject to subsection (2), every package containing a customer-formula fertilizer that contains a pesticide or lesser plant nutrient with toxic properties shall have a label affixed to it on which shall be printed

  • (a) the name and address of the manufacturer of the fertilizer;

  • (b) the cautions to be observed in using the fertilizer;

  • (c) the grade of the fertilizer in the total mixture;

  • (d) the guaranteed analysis prescribed in section 15;

  • (e) the name and amount of each active ingredient of any pesticide in the fertilizer expressed in per cent;

  • (f) the directions for use, in the case of a fertilizer containing a pesticide;

  • (g) the name and address of the person who is to use the for fertilizing purposes;

  • (h) the weight of the fertilizer; and

  • (i) where the fertilizer is a fertilizer-pesticide, all statements required by the Compendium of Fertilizer-Use Pesticides.

• (4.1) [Repealed, SOR/2004-80, s. 13]

• (5) Subject to subsection (2), at least one package in each lot or shipment of a customer-formula fertilizer that does not contain a pesticide or lesser plant nutrient with toxic properties shall have a label affixed to it on which shall be printed

  • (a) the name and address of the manufacturer of the fertilizer and the name of the person who is to use the fertilizer for fertilizing purposes;

  • (b) the number of packages in the lot or shipment;

  • (c) the grade of the customer-formula fertilizer;

  • (c.1) the guaranteed analysis prescribed in section 15; and

  • (d) the weight of the lot or shipment.

• (6) Where a package of mixed fertilizer is sold and does not contain a label showing the name and grade of each compound or ingredient in the fertilizer, the vendor shall, at the request of the purchaser, provide such information in writing, if requested, at the time of sale.

17 [Repealed, SOR/2013-79, s. 8]

• 18 (1) Subject to subsections (2) and (3), every package containing a supplement shall have a label affixed thereto on which shall be printed

  • (a) the name and address of the manufacturer of the supplement or the name and address of the registrant or, in the case of a supplement that is not registered under these Regulations, the name and address of the person who caused the supplement to be packaged;

  • (b) the name of the supplement;

  • (c) the weight of the supplement;

  • (d) the directions for use of the supplement;

  • (e) the lot number of the supplement;

  • (f) the guaranteed analysis prescribed in section 15;

    • (i) the minimum amount expressed in per cent of the active ingredient in the supplement,

    • (ii) the species name or genus of the active microorganism; and

    • (iii) the minimum number of active viable cells per gram of product of the active genus or species of microorganism in the product;

  • (g) in the case of a supplement in which the active ingredient may deteriorate, the date beyond which the supplement is not intended for use;

  • (g.1) in the case of a supplement that is or contains prohibited material, as defined in subsection 162(1) of the Health of Animals Regulations, conspicuous statements written legibly and indelibly in both official languages that indicate that

    • (i) feeding the product to cattle, sheep, deer or other ruminants is illegal and subject to fines or other punishment under the Health of Animals Act,

    • (ii) the product is not to be used on pasture land or other grazing areas for ruminants,

    • (iii) the product is not to be ingested, and

    • (iv) a person should wash his or her hands after the person uses the product; and

  • (h) the registration number of the supplement if the supplement is required to be registered.

• (2) Paragraphs (1)(d) and (f) do not apply to a seed package containing a pre-inoculated or coated pre-inoculated seed if each package of pre-inoculated or coated pre-inoculated seed has a label on which is stated

  “This product is treated with (species name or genus of the active microorganism) inoculum.”

• (3) Subsection (1) does not apply to a package containing only peat, peat moss, sphagnum moss, tree bark or other fibrous organic material if the package has a label on which is printed

  • (a) the name and address of the person who packaged or caused the supplement to be packaged; and

  • (b) the name and volume of the supplement.

• (4) Notwithstanding subsections (1) to (3), where a supplement is sold in bulk, the information required by those subsections to be shown on a label shall be shown on the shipping bill or on a statement accompanying the shipment.

• 19 (1) The main panel of the label of a product shall show at least the product name, the product weight and the name and address of the person who packaged the product.

• (1.1) [Repealed, SOR/93-155, s. 2]

• (1.2) All the information on a label shall be printed conspicuously, legibly and indelibly in English or French or in both English and French.

• (2) A label referred to in subsection (1) shall not have printed thereon

  • (a) any incorrect or misleading information or mark; or

  • (b) a brand or name that would tend to deceive or mislead a purchaser with respect to the composition or utility of the product to which the label relates.

  • (c) [Repealed, SOR/79-365, s. 15]

• (3) The character, size, colour and placing of the printing on a label referred to in subsection (1) shall not emphasize or obscure any part of the name, analysis or other information required to be printed on the label.

• 19.1 (1) Where any reference, direct or indirect, is made in respect of the place of manufacture of a label or container and not the place of manufacture of a fertilizer or supplement, the reference shall be accompanied by an additional statement indicating that the place of manufacture refers only to the label or container.

• (2) Where a prepackaged fertilizer or supplement that is manufactured or produced and labelled in a country other than Canada has applied to it a label that shows the identity and principal place of business of the person in Canada for whom the prepackaged product was manufactured or produced for resale, the identity and principal place of business of that person shall be preceded by the words “imported by” («importé par») or “imported for” («importé pour»), unless the geographic origin of the prepackaged product is stated on the label.

• (3) [Repealed, SOR/93-155, s. 3]

• 20 (1) The name of a fertilizer or supplement having a composition set forth in Column I of Schedule II shall be the name therefor set out in Column II of that Schedule.

• (2) The grade of a fertilizer referred to in subsection (1) shall form part of the name of that fertilizer.

• (3) Where the composition of a fertilizer or supplement is not set out in Column I of Schedule II, that fertilizer or supplement shall be designated by a name acceptable to the Director.

• 21 (1) Subject to subsection (7), the names for mixed fertilizers that contain any major plant nutrient shall include the grade designation in the manner required by subsection (3).

• (2) In addition to the requirements of subsection (1), the names for fertilizers that contain a pesticide shall include as a suffix the amount of the active ingredient of the pesticide in the fertilizer expressed as a percentage followed by the name of the pesticide.

• (3) A grade designation shall be stated as a hyphenated numerical series and, in the case of mixed fertilizers other than customer-formula fertilizers, the numerals shall be in whole numbers only.

• (4) When a grade designation is used on the label of any fertilizer, the numerals shall represent minimum guarantees expressed in per cent for total nitrogen, available phosphoric acid and soluble potash, listed in that order.

• (5) [Repealed, SOR/2013-79, s. 9]

• (6) The name of a mixed fertilizer shall not include the names or designation of any type or types of soil.

• (7) Specialty fertilizers represented for daily feeding and not represented for further dilution shall not be required to have the grade designation stated as part of the name.

Units of Measurement on Labels

• 21.1 (1) For the purposes of these Regulations,

  • (a) units of measurement shown on a label shall be expressed in accordance with the International System of Units (metric) as set out in Schedule I to the Weights and Measures Act.

  • (b) to (e) [Repealed, SOR/95-247, s. 1]

• (2) [Repealed, SOR/85-558, s. 10]

Samples for Analysis

• 22 (1) Every sample of a fertilizer or supplement taken by an inspector for analysis shall,

  • (a) be taken in a manner approved by the Director;

  • (b) represent fairly the lot of fertilizer or supplement from which it is taken; and

  • (c) be of sufficient size for analysis.

• (2) Where a fertilizer is packed in bags, a sample shall

  • (a) in the case of lots or shipments of ten bags or less, consist of approximately equal portions drawn from each bag in the lot; and

  • (b) in the case of lots or shipments of eleven bags or more, consist of approximately equal portions drawn from each of any 10 bags in the lot or shipment.

• (3) Where non-liquid fertilizers are in bulk, samples in approximately equal portions shall be drawn from each of at least 10 different sections of the bulk.

23 Except as otherwise authorized by the Director, the methods of chemical analysis used to test a fertilizer or supplement shall be the latest methods published and approved by the Association of Official Analytical Chemists.

Notification and Authorization of the Release of Novel Supplements

• 23.1 (1) Subject to subsection (2), no person shall release a novel supplement unless the person

  • (a) provides notification of the proposed release in writing to the Minister, accompanied by the information set out in section 23.2;

  • (b) provides an undertaking in writing to the Minister to take responsibility for and assume the costs of the safe disposal of the novel supplement and all crops produced on the land or growing medium to which the novel supplement is applied; and

  • (c) receives authorization from the Minister for the release pursuant to section 23.3.

• (2) Where the accompanying information that is required to be provided to the Minister by paragraph (1)(a) in respect of the proposed release of a novel supplement is the same as information that has already been provided to the Minister before the coming into force of this section and sections 23.2 to 23.4, or that is provided on or after the coming into force of this section and sections 23.2 to 23.4 in relation to another notification or authorization, the information is not required to be provided again.

Information Requirements

• 23.2 (1) Subject to subsection (2), the accompanying information that is required to be provided by a person to the Minister pursuant to paragraph 23.1(1)(a) is the following:

  • (a) the name of the person or body responsible for the proposed release and the name of the person who will be in charge of carrying out the release;

  • (b) the purpose and objectives of the proposed release;

  • (c) the proposed starting date, time period and site of the release;

  • (d) the proposed release protocol, including

    • (i) any confinement measures intended to mitigate the establishment and spread, in the environment, of the novel supplement and the interaction of the novel supplement with the environment,

    • (ii) the monitoring plan and procedures to be followed both during and after the release,

    • (iii) the method to be used for the safe disposal of the novel supplement and all crops produced on the land or growing medium to which the novel supplement is applied, and

    • (iv) the contingency plan to be followed to mitigate any adverse effect of an accidental release of the novel supplement on the environment, including any adverse effect on human health;

  • (e) the identification and characterization of the novel supplement, including, in the case of a novel supplement that is derived through biotechnology and has a novel trait

    • (i) the identification and characterization of the novel trait expressed by the novel supplement and, where the novel trait is introduced from another species, details of the host and donor organism and of the methods of incorporation of the novel trait into the novel supplement, where applicable, and

    • (ii) the identification and characterization of the novel supplement resulting from the introduction of the novel trait, including details relating to expression of the novel trait and the stability of the incorporation of the novel trait into the novel supplement, and a comparison of the characteristics of the novel supplement with those of the unmodified supplement;

  • (f) all other information and test data in respect of the novel supplement that are relevant to identifying the risk to the environment, including the risk to human health, and that are in the person’s possession or to which the person ought reasonably to have access;

  • (g) other government agencies, either Canadian or foreign, that have been provided with information in respect of the novel supplement, and the purpose for which the information was provided; and

  • (h) a description of the analytical methodologies followed in generating any submitted data, including quality control and quality assurance procedures.

• (2) The information required by subparagraph (1)(e)(ii) or paragraph (1)(f) or (h) or any part of that information may be omitted if the Minister determines, on the basis of a written scientific rationale provided by the person referred to in subsection (1), that the information or part is not relevant or cannot practicably be obtained and is not required for the Minister’s decision under section 23.3, and notifies the person of that determination.

Decision of the Minister

• 23.3 (1) On receiving the notification provided pursuant to paragraph 23.1(1)(a), the Minister shall, after considering all relevant matters, including the information provided pursuant to that paragraph, and after evaluating the potential impact on and risk to the environment, including the potential impact on and risk to human health, posed by the proposed release

  • (a) authorize the release where there is minimal risk to the environment, and may, where necessary in order to minimize the risk, impose conditions for the management of the risk; or

  • (b) refuse to authorize the release where the proposed release poses an unacceptable risk to the environment.

• (2) In evaluating the risk to the environment for the purposes of subsection (1), the Minister shall

  • (a) consider such matters as

    • (i) the effects of the proposed release on the environment, and

    • (ii) the magnitude of the exposure to the environment of the novel supplement involved in the proposed release; and

  • (b) assess whether the novel supplement is toxic.

New Information Requirements

• 23.4 (1) Where, at any time after providing notification pursuant to paragraph 23.1(1)(a) or receiving authorization pursuant to paragraph 23.3(1)(a), a person becomes aware of any new information regarding risk to the environment, including risk to human health, that could result from the release of the novel supplement, the person shall immediately provide the new information to the Minister.

• (2) Where the Minister, on the basis of the new information provided by a person pursuant to subsection (1), re-evaluates the potential impact on and risk to the environment, including the potential impact on and risk to human health, posed by the release and determines that there is

  • (a) a risk that is less than was apparent at the time of the original notification or at the time of any subsequent provision of new information since the original notification, the Minister may

    • (i) where the release has already been authorized, maintain the existing conditions respecting the release,

    • (ii) change the conditions respecting the release, or

    • (iii) remove any of the conditions respecting the release;

  • (b) a risk that is greater than was apparent at the time of the original notification or at the time of any subsequent provision of new information since the original notification, the Minister may

    • (i) impose additional conditions respecting the release, or

    • (ii) change the conditions respecting the release; or

  • (c) an unacceptable risk, the Minister shall

    • (i) refuse to authorize the release, or

    • (ii) where the release has already been authorized, cancel the authorization and require the person to stop the release and to take any appropriate action necessary to eliminate or minimize the risk.

• (3) In re-evaluating the risk to the environment on the basis of new information for the purposes of subsection (2), the Minister shall consider the matters referred to in paragraph 23.3(2)(a) and make the assessment referred to in paragraph 23.3(2)(b).

Detention

• 24 (1) Any article seized pursuant to 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.

• (2) Where articles are detained pursuant to subsection (1), an inspector shall deliver or mail to the owner or person in possession of the articles a notice of detention.

• (3) No person shall alter or remove a detention tag referred to in subsection (1) or sell or move any detained article except with the written authority of an inspector.

• (4) Where articles are released from detention, an inspector shall deliver or mail to the owner or person in possession of the articles a notice of release.

• (5) Any article forfeited under section 9 of the Act shall be disposed of in the following manner:

  • (a) in the case of a fertilizer or supplement that is fit for sale, it shall be

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

    • (ii) donated to a charitable institution;

  • (b) in the case of a fertilizer or supplement that is not fit for sale, it shall be disposed of in a safe manner; and

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

SCHEDULE III / ANNEXE III(Subsection 5(2)) / (paragraphe 5(2))

• SOR/79-365, s. 19
• SOR/85-558, s. 15
• SOR/88-353, s. 7
• SOR/94-683, s. 3
• SOR/95-548, s. 4
• SOR/97-292, s. 26
• SOR/2003-6, s. 77
• SOR/2009-91, s. 2