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

Regulations are current to 2020-11-02 and last amended on 2020-10-26. Previous Versions

General Prohibition

 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.

  • SOR/2020-232, s. 4

Exemptions Generally

[
  • SOR/79-365, s. 2
]
  •  (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.

  • SOR/79-365, s. 2
  • SOR/85-558, s. 2
  • SOR/88-353, s. 2
  • SOR/93-232, s. 2(F)
  • SOR/97-7, s. 3
  • SOR/2020-232, s. 5

Exemptions from Registration

  •  (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.

  • SOR/79-365, s. 3
  • SOR/85-558, s. 3
  • SOR/88-353, s. 3
  • SOR/92-585, s. 2
  • SOR/93-232, s. 2
  • SOR/2003-6, s. 73
  • SOR/2013-79, s. 1
  • SOR/2020-232, s. 6

Registration

 [Repealed, SOR/79-365, s. 4]

  •  (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.

  • SOR/79-365, s. 5
  • SOR/85-558, s. 4
  • SOR/85-688, s. 1
  • SOR/92-721, s. 1
  • SOR/96-424, s. 1
  • SOR/2000-184, s. 57
  • SOR/2004-80, s. 11
  • SOR/2006-147, s. 7
  • SOR/2009-91, s. 1
  • SOR/2020-232, s. 7
 
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