Fertilizers Regulations

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(5.1) and (5.2) [Repealed, SOR/2004-80, s. 11]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