Fertilizers Regulations (C.R.C., c. 666)

1 [Repealed, SOR/2020-232, s. 2]

Interpretation

• 2 (1) In these Regulations,

  Act

  Act means the Fertilizers Act; (Loi)

  active ingredient

  active ingredient means an ingredient of a fertilizer or supplement to which its performance as a fertilizer or supplement is attributed; (composant actif)

  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  Agricultural Inspection Directorate[Repealed, SOR/93-232, s. 2]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  brand[Repealed, SOR/2020-232, s. 3]

  cattle

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

  Compendium of Fertilizer-Use Pesticides

  Compendium of Fertilizer-Use Pesticides[Repealed, SOR/2020-232, s. 3]

  customer-formula fertilizer

  customer-formula fertilizer[Repealed, SOR/2020-232, s. 3]

  customer formula fertilizer

  customer formula fertilizer means a fertilizer prepared in accordance with a written formula that sets out the name, amount and guaranteed analysis of each active ingredient and the signature of the person for whose use for fertilizing purposes it has been prepared; (engrais préparé selon la formule du client)

  Director

  Director[Repealed, SOR/2020-232, s. 3]

  environment

  environment[Repealed, SOR/2020-232, s. 3]

  farm fertilizer

  farm fertilizer[Repealed, SOR/2020-232, s. 3]

  fertilizer

  fertilizer[Repealed, SOR/2020-232, s. 3]

  fertilizer-pesticide

  fertilizer-pesticide means a fertilizer that is or contains a pesticide; (engrais-antiparasitaire)

  fineness

  fineness[Repealed, SOR/85-558, s. 1]

  grade

  grade means the amount of total nitrogen, available phosphoric acid and soluble potash in a fertilizer, expressed in per cent; (catégorie)

  guaranteed analysis

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

  lesser plant nutrient

  lesser plant nutrient[Repealed, SOR/2020-232, s. 3]

  List of Materials

  List of Materials means the document entitled Primary Fertilizer and Supplement Materials prepared by the Agency and published on its website, as amended from time to time; (Liste des composants)

  lot number

  lot number means a combination of letters or numbers or both that allows a lot of a fertilizer or supplement to be traced in manufacture and distribution; (numéro de lot)

  major plant nutrient

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

  micronutrient

  micronutrient means boron, chlorine, copper, iron, manganese, molybdenum or zinc; (oligo-élément)

  micronutrient fertilizer

  micronutrient fertilizer means a fertilizer that is represented to contain a micronutrient; (engrais d’oligo-élément)

  mixed fertilizer

  mixed fertilizer[Repealed, SOR/2020-232, s. 3]

  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 the matter remaining after removal of the moisture and total ash fractions from substances derived from living organisms; (matière organique)

  per cent

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

  pest

  pest has the same meaning as in subsection 2(1) of the Pest Control Products Act; (parasite)

  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 registered a fertilizer or supplement 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)

  secondary nutrient

  secondary nutrient means calcium, magnesium or sulphur; (principe nutritif secondaire)

  shipping bill

  shipping bill[Repealed, SOR/2020-232, s. 3]

  specialty fertilizer

  specialty fertilizer[Repealed, SOR/2020-232, s. 3]

  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[Repealed, SOR/2020-232, s. 3]

  supplement-pesticide

  supplement-pesticide means a supplement that is or contains a pesticide; (supplément-antiparasitaire)

  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.

General Prohibition

2.1 A person shall not manufacture, sell, import or export any fertilizer or supplement that contains any substance or mixture of substances in quantities that present a risk of harm to human, animal or plant health or the environment, except pests, if the fertilizer or supplement is used according to its directions for use, or in amounts not in excess of the amount that is necessary to achieve its intended purposes.

Exemptions Generally

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

  • (a) manure that is sold in its natural condition and that conforms to the standard set out in paragraph 9(a), other than manure that is a fertilizer or supplement referred to in section 2.1; and

  • (b) a fertilizer or supplement that is imported or manufactured in Canada that is used for manufacturing purposes only and that requires further treatment, other than mixing, blending, repackaging or application to seeds.

• (1.1) A fertilizer or supplement, including one that is imported, that is not intended for sale or use in Canada and that is intended for export and labelled accordingly is exempt from the application of the Act, other than section 5.5, and the application of these Regulations.

• (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.

• (3) A fertilizer that is imported into or manufactured in Canada for experimental purposes and that is not a fertilizer-pesticide or a fertilizer that contains a supplement is exempt from the application of section 3 of the Act and of all provisions of these Regulations other than section 2.1, if the residual fertilizer and all plants that are grown in the course of the experiment are destroyed at the end of the experiment.

Exemptions from Registration

• 3.1 (1) The following fertilizers are exempt from registration if they do not contain seeds or growing media:

  • (a) a fertilizer (in this paragraph referred to as the “product”), unless it contains any of the following:

    • (i) a substance produced by or derived from a living organism,

    • (ii) a pesticide,

    • (iii) a supplement that is not registered and is not set out in the List of Materials,

    • (iv) a registered supplement, if its directions for use are not consistent with those of the product,

    • (v) a micronutrient fertilizer that is not registered, and

    • (vi) a registered micronutrient fertilizer, if its directions for use are not consistent with those of the product;

  • (b) a fertilizer that is set out in the List of Materials;

  • (c) a customer formula fertilizer; and

  • (d) a fertilizer whose active ingredients consist solely of a mixture of fertilizers or fertilizers and supplements, if those fertilizers and supplements are exempt from registration or are registered for the proposed use of the mixture.

• (2) The following supplements are exempt from registration if they do not contain seeds or growing media:

  • (a) a supplement set out in the List of Materials; and

  • (b) a supplement whose active ingredients consist solely of a mixture of supplements, if

    • (i) each supplement in the mixture is exempt from registration or is registered for the proposed use of the mixture, and

    • (ii) in the case of a mixture containing one or more viable microorganisms as active ingredients, the mixture is not further cultured or manipulated.

• (3) Seeds that are treated with fertilizers, supplements or both are exempt from registration if each of those fertilizers and supplements

  • (a) is exempt from registration; or

  • (b) is registered for use with those seeds.

• (4) A growing medium that contains fertilizers, supplements or both is exempt from registration if each of those fertilizers and supplements

  • (a) is exempt from registration; or

  • (b) is registered for use in growing media and its directions for use are consistent with those of the growing media.

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.

• (3) Every application shall be accompanied by the following information with respect to the fertilizer or supplement to which the application relates:
  

  • (a) the text that is to be included on the label of the fertilizer or supplement in the marketplace; and

  • (b) any other information that is sufficient to determine whether it is a fertilizer or a supplement and its composition and its safety.

• (4) Every application in respect of a fertilizer-pesticide or supplement-pesticide shall be accompanied by

  • (a) information establishing that the fertilizer-pesticide or supplement-pesticide complies with the provisions of the Pest Control Products Act and its regulations with respect to human, animal or plant health or the environment; and

  • (b) any decision the Minister of Health has issued under the Pest Control Products Act with respect to any components of the fertilizer-pesticide or supplement-pesticide that are pesticides.

• (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) An applicant who is not resident in Canada shall

  • (a) provide the name and address of an agent or mandatary who resides in Canada to whom any notice or correspondence under the Act may be sent; and

  • (b) inform the President of the Agency if there is a change of address or if the agent or mandatary ceases to represent the applicant.

• (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) An application in respect of a fertilizer-pesticide or supplement-pesticide shall be refused if there are reasonable grounds to believe that the fertilizer-pesticide or supplement-pesticide is or contains a pesticide that does not comply with the provisions of the Pest Control Products Act or its regulations with respect to human, animal or plant health or the environment.

• (8) The fertilizer or supplement shall be registered and a registration number shall be assigned to it if the President of the Agency’s evaluation of the application in respect of that fertilizer or supplement and of all information that is provided by the applicant or that is publicly available indicates that

  • (a) the application is in respect of a fertilizer or supplement that is not exempt from registration;

  • (b) the fertilizer or supplement does not present a risk of harm to human, animal or plant health or the environment, except pests, if it is used as specified in its directions for use or in an amount that is not in excess of the amount that is necessary to achieve its intended purposes; and

  • (c) the label with which the fertilizer or supplement is intended to be labelled in the marketplace meets the requirements set out in sections 16 to 21.

• (9) Every registration of a fertilizer or supplement expires at the end of the 60-month period that begins on 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 A person shall not change the label, chemical composition or ingredients of a registered fertilizer or supplement if the change can reasonably be expected to affect its performance as a fertilizer or supplement, as the case may be, its safety or its use, unless the registration is amended accordingly.

• 8 (1) Subject to subsection (4), the President of the Agency may cancel the registration of any fertilizer or supplement if he or she believes on reasonable grounds that, with respect to that fertilizer or supplement, any of the following are contravened:

  • (a) any of the provisions of the Act or these Regulations;

  • (b) any of the provisions of the Health of Animals Act or of regulations made under that Act that refer to products of a rendering plant, animal by-products, animal food, animal products or manure; or

  • (c) any of the provisions of the Pest Control Products Act or of regulations made under that Act with respect to human, animal or plant health or the environment.

• (2) In deciding whether to cancel a registration in accordance with subsection (1), the President of the Agency shall take information related to the following factors into account:

  • (a) whether cancellation of the registration is necessary in order to mitigate risk of harm to human, animal or plant health or the environment;

  • (b) whether the cancellation is unnecessary because the contravention has been corrected or is expected to be corrected in a timely way without risk of harm to human, animal or plant health or the environment; and

  • (c) whether there is a history of contravention of the provisions referred to in paragraphs (1)(a) to (c) in respect of the fertilizer or supplement.

• (3) If the President of the Agency intends to cancel a registration, he or she shall forward to the registrant by registered mail a notice indicating that the registration is to be cancelled, along with the reasons for the proposed cancellation unless, within 30 days after the day on which the notice was mailed, the registrant notifies the President that they wish to have an opportunity to be heard in respect of the proposed cancellation.

• (4) If the registrant notifies the President of the Agency that they wish to have an opportunity to be heard, the President shall notify the registrant by registered mail of the date and time of a hearing to determine whether the registration shall be cancelled and any details required to allow the registrant to participate. The hearing shall be held within 30 days after the day on which the President receives notice that the registrant wishes to have an opportunity to be heard.

• (5) If a registrant fails to notify the President of the Agency that they wish to have an opportunity to be heard or fails to satisfy the President that the registration should not be cancelled, the President may cancel that registration.

Standards

9 For the purpose of paragraph 3(b) of the Act,

• (a) a fertilizer or supplement shall not contain

  • (i) any substance or mixture of substances that, if the fertilizer or supplement is used as specified in its directions for use or in an amount that is not in excess of the amount that is necessary to achieve its intended purposes, would leave in the tissues of a plant a residue of a poisonous or harmful substance,

  • (ii) 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, or

  • (iii) major plant nutrients, secondary nutrients or micronutrients that are present at toxic levels if the fertilizer or supplement is used as specified in its directions for use or in an amount not in excess of the amount that is necessary to achieve its intended purposes;

• (b) a fertilizer-pesticide or supplement-pesticide shall not be nor contain a pesticide that does not comply with the requirements of the Pest Control Products Act in respect of the approved use and the application rate for that pesticide;

• (c) a fertilizer or supplement that is represented to be a fertilizer or supplement whose term is set out in the List of Materials shall meet the definition in that List that corresponds to that term; and

• (d) a fertilizer or supplement that is represented to contain a fertilizer or supplement whose term is set out in the List of Materials shall contain an ingredient that meets the definition in that List that corresponds to that term.

10 [Repealed, SOR/2013-79, s. 2]

10.1 [Repealed, SOR/93-155, s. 1]

10.2 [Repealed, SOR/2020-232, s. 8]

10.3 [Repealed, SOR/2013-79, s. 4]

11 [Repealed, SOR/2020-232, s. 8]

12 [Repealed, SOR/2020-232, s. 8]

13 [Repealed, SOR/2013-79, s. 6]

14 [Repealed, SOR/2013-79, s. 6]

Guaranteed Analysis

• 15 (1) The guaranteed analysis of a fertilizer or supplement shall include, if applicable,

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

  • (b) the minimum amount of each secondary nutrient, expressed in per cent on an elemental basis;

  • (c) the amount of each micronutrient, expressed in per cent on an elemental basis;

  • (d) in the case of an untreated phosphatic fertilizer, the minimum amount of total phosphoric acid and the minimum amount of available phosphoric acid, expressed in per cent;

  • (e) except in the circumstances in which paragraph (f) applies, the genus and species of each active ingredient that is a microorganism as well as the following information:

    • (i) for each microorganism that is a viable cell, the number of viable cells per gram of that microorganism, and

    • (ii) for each microorganism that is not a viable cell, another descriptor of the concentration of that microorganism on a per gram basis;

  • (f) if the fertilizer or supplement contains an active ingredient that is a complex community of microorganisms that is taken from a single natural environment and whose composition is maintained without further manipulation, a descriptor of the concentration of viable microorganisms on a per gram basis;

  • (g) if the fertilizer or supplement contains an active ingredient that is intended to neutralize acidity,

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

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

    • (iii) the range of particle sizes of solid materials;

  • (h) if the fertilizer or supplement contains an active ingredient that is an acidifying material intended to increase the hydrogen ion concentration of a growing medium, its acidifying value, expressed in per cent of the basic neutralizing capacity of hydrochloric acid;

  • (i) in the case of a fertilizer or supplement that is represented to contain organic matter, the amount of organic matter expressed in per cent and the moisture content expressed in per cent; and

  • (j) the amount of any other active ingredient expressed in per cent.

• (2) If subsection (1) requires the concentration of an active ingredient to be expressed in per cent, but the active ingredient is present in a concentration of less than 0.001%, the guaranteed analysis may instead indicate its concentration, on a per gram basis, using another unit of measure.

• (3) In addition to the information required under subsection (1), the guaranteed analysis of a fertilizer-pesticide or supplement-pesticide shall include the concentration of each active ingredient, as defined in subsection 2(1) of the Pest Control Products Act, of the pesticide expressed in accordance with subparagraph 26(1)(h)(iii) of the Pest Control Products Regulations.

Labelling

15.1 Every person who packages, or causes to be packaged, a fertilizer or supplement or who imports a packaged fertilizer or supplement shall ensure that the package is labelled in accordance with sections 16 to 21.

• 16 (1) Subject to section 18, a package containing a fertilizer, other than a customer formula fertilizer, or a supplement shall be labelled with

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

  • (b) the name of the fertilizer or supplement;

  • (c) if the fertilizer or supplement is registered, its registration number;

  • (d) if the fertilizer or supplement is exempt from registration and contains one or more registered fertilizers or registered supplements, the registration number of each of those registered fertilizers or registered supplements;

  • (e) unless the fertilizer or supplement is exempt from registration under subsection 3.1(3) or (4), its directions for use;

  • (f) the weight of the fertilizer or supplement;

  • (g) the guaranteed analysis;

  • (h) a statement setting out any precaution that is necessary to mitigate a risk of harm to human, animal or plant health, or the environment (other than pests);

  • (i) if the fertilizer or supplement is or contains prohibited material as defined in subsection 162(1) of the Health of Animals Regulations, statements that indicate that

    • (i) feeding the fertilizer or supplement to cattle, sheep, deer or other ruminants is prohibited and punishable under the Health of Animals Act,

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

    • (iii) the fertilizer or supplement is not to be ingested, and

    • (iv) a person must wash their hands after they use the fertilizer or supplement;

  • (j) the lot number of the fertilizer or supplement; and

  • (k) if the fertilizer or supplement is exempt from registration, the term for each component of the fertilizer or supplement, if any, that is set out in the List of Materials, and any other information that is sufficient to demonstrate that the fertilizer or supplement is exempt.

• (2) A fertilizer or supplement that is exempt from registration under subsection 3.1(3) or (4) shall also be labelled with the registration number of any registered fertilizer or supplement it contains.

• (3) The information that is required under subsection (1) to be shown on a label of a registered fertilizer or supplement shall be consistent with the information provided with respect to that fertilizer or supplement that was evaluated in accordance with subsection 5(8).

• (4) A package containing a customer formula fertilizer that has intentionally incorporated in it, or is represented to contain, a pesticide or a micronutrient shall be labelled with

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

  • (b) a statement setting out any precaution that is necessary to mitigate a risk of harm to human, animal or plant health or the environment (other than pests);

  • (c) the lot number of the fertilizer;

  • (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 fertilizer; and

  • (h) the weight of the fertilizer.

  • (i) [Repealed, SOR/2020-232, s. 10]

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

• (5) A package containing a customer formula fertilizer that does not have intentionally incorporated in it, and is not represented to contain, a pesticide or a micronutrient shall be labelled with

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

  • (b) a statement setting out any precaution that is necessary to mitigate a risk of harm to human, animal or plant health, or the environment;

  • (c) the lot number of the fertilizer;

  • (d) the guaranteed analysis; and

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

• (6) If any person requests a document in English or French that lists the ingredients that are contained in a fertilizer or supplement that present a risk of harm to the health of any human or animal and that do not appear on the label, the document shall be provided by

  • (a) the person who packaged the fertilizer or supplement or caused it to be packaged; or

  • (b) in the case of an imported fertilizer or supplement, the person who imported it.

• (7) Subsection (1) does not apply to a package containing only peat, peat moss, sphagnum moss, coconut coir, tree bark, perlite or vermiculite, as those terms are defined in the List of Materials, or any combination of those materials, if the package is labelled with

  • (a) a statement indicating which of those materials are present in the supplement, and their proportions;

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

  • (c) the name of the supplement;

  • (d) the volume or the weight of the supplement;

  • (e) the lot number of the supplement; and

  • (f) a statement setting out any precaution that is necessary to mitigate a risk of harm to human, animal or plant health or the environment.

17 [Repealed, SOR/2013-79, s. 8]

• 18 (1) Paragraphs 16(1)(d) and (k) do not apply if

  • (a) the fertilizer or supplement consists of a mixture of fertilizers, a mixture of supplements or a mixture of fertilizers and supplements;

  • (b) the package is labelled with a statement indicating that the fertilizers or supplements in the mixture are registered or are exempt from registration; and

  • (c) the person who packaged the mixture or caused it to be packaged or, in the case of an imported mixture, the person who imported the mixture maintains a record, as a document in English or in French, that contains

    • (i) the registration number of each registered fertilizer and each registered supplement, if any, in the mixture, and

    • (ii) any information that the person has that relates to whether the mixture complies with these regulations with respect to its safety.

• (2) The person shall keep the record for at least five years beginning on the day on which the mixture was imported, packaged or caused to be packaged, at that person’s place of business in Canada or, if they do not have one, at another place of business in Canada, and inform the President of the Agency of the place where the record is located.

• 19 (1) All the information that is required by these Regulations to appear on a label shall be printed conspicuously, legibly and indelibly in English and French with both versions being of equal prominence and in close proximity to each other.

• (2) The label of a fertilizer or supplement shall not have printed on it any incorrect or misleading information or symbol that could reasonably be expected to mislead a purchaser with respect to whether the labelled product is a fertilizer or a supplement, as the case may be, or to the safety, composition or directions for use of the fertilizer or supplement.

• 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 [Repealed, SOR/2020-232, s. 12]

• 21 (1) Subject to subsection (5), the name of a fertilizer that contains any major plant nutrient shall include the grade designation in the manner required by subsection (3) in the order required by subsection (4).

• (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 shall be stated as a hyphenated numerical series.

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

• (5) A fertilizer that is intended for daily feeding and that is not intended for further dilution is not required to have its grade stated as part of its name.

• (6) [Repealed, SOR/2020-232, s. 13]

• (7) [Repealed, SOR/2020-232, s. 13]

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]

22 [Repealed, SOR/2020-232, s. 14]

Analysis

23 A method of analysis that is used to test a fertilizer or supplement shall be specific to the purpose of the analysis, reliable and accurate.

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) If an article is detained under subsection (1), an inspector shall deliver or send to the owner or person in possession of the article 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) If an article is released from detention, an inspector shall deliver or send to the owner or person in possession of the article 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.