Feeds Regulations, 2024 (SOR/2024-132)
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Regulations are current to 2024-06-19
Exemptions
Marginal note:Exemptions from Act and Regulations
3 (1) The following feeds are exempt from the application of the Act and these Regulations:
(a) a feed that contains a new drug, the sale of which is permitted by section C.08.005 of the Food and Drug Regulations for the purpose of clinical testing or by section C.08.013 of those Regulations for the purpose of conducting experimental studies;
(b) a feed, other than a novel feed, if
(i) it is grown on a farm, it is sold by the grower, and
(ii) it does not contain any substance that presents a risk of harm to human or animal health or the environment, including any deleterious substance listed in the List of Prescribed Deleterious Substances;
(c) a complete feed, other than a novel feed, that is packaged in containers having a net mass of not more than 10 kg and that is intended for feeding to livestock, other than livestock intended for human consumption as food;
(d) a feed, other than a novel feed, that is in the form of samples having a net mass of not more than 1 kg and that is,
(i) intended for the purpose of marketing promotion at exhibits, conferences or trade shows, if the samples are labelled “Not for Sale / Non destiné à la vente” and are disposed of in a safe manner or are exported, or
(ii) intended for the purpose of testing at a laboratory in Canada, if the samples are labelled as such and are disposed of in a safe manner or are exported;
(e) a feed, other than a novel feed, that is imported with imported livestock, if that feed is consumed only by that livestock while the livestock is temporarily in Canada and any remaining feed accompanies the livestock when the livestock is subsequently exported or is disposed of in a safe manner;
(f) a feed, other than a novel feed, that is imported and that is intended only for consumption by imported livestock while the livestock is temporarily in Canada, but does not accompany that livestock when the livestock is imported, if
(i) the importer has provided to the Minister, before the feed is imported, the following information in respect of the feed:
(A) its name,
(B) a list of its ingredients,
(C) the address where it will be sent,
(D) the species and number of livestock for which it is intended,
(E) the quantity required to be sent to the imported livestock,
(F) the date on which it is to be imported and its port of entry into Canada,
(G) the date on which the livestock for which it is intended is to be imported and the livestock’s port of entry into Canada, and
(H) the date on which any remaining feed is to be exported and its port of exit from Canada or the date on which it is to be disposed of in a safe manner,
(ii) any remaining feed is exported or disposed of in a safe manner, and
(iii) the Minister confirms in a written notice provided to the importer that the information and documents have been received and that the feed is exempt from the Act and these Regulations; and
(g) a feed, other than a novel feed, that is manufactured in Canada by or for a government, academic or private research establishment for research or experimental purposes if
(i) it is fed to livestock owned by or under the direct supervision of the establishment, and
(ii) the establishment has and implements a plan in writing that provides that any remaining feed and livestock products produced from the feed must be disposed of in a safe manner.
Marginal note:Feed not exempted under paragraph (1)(g)
(2) In the case of a feed that is manufactured by or for a government, academic or private research establishment for research or experimental purposes, that is not otherwise exempted under paragraph (1)(g) and that is intended to be fed to livestock owned by or under the direct supervision of the establishment, the following requirements do not apply:
(a) in respect of the feed,
(i) the registration requirement set out in subsection 6(1),
(ii) the requirement to conform to the standards set out in sections 35 to 42,
(iii) the packaging requirements set out in section 43, and
(iv) the labelling requirements set out in sections 44 to 54;
- The following provision is not in force.
(b) in respect of a person who manufactures, stores, processes, packages, labels or sells the feed that is to be exported or to be sent or conveyed from one province to another, the requirement to hold a licence under subsection 18(2); and
- The following provision is not in force.
(c) in respect of a person who manufactures, stores, packages, labels or sells the feed, the requirements respecting preventive controls set out in sections 56 to 60.
Marginal note:Exemption — certain products or substances
(3) Any medicating ingredient, any pest control product registered under the Pest Control Products Act and any type of product set out in the Compendium of Non-Feed Products for which there is an approved brand are exempt from the application of the definition feed in section 2 of the Act.
Deleterious Substances
Marginal note:Prescribed substances
4 For the purposes of subsection 3(2) of the Act, the substances listed in the List of Prescribed Deleterious Substances are prescribed as deleterious substances.
Approval and Registration of Feeds
Feeds to Be Approved or Registered
Marginal note:Feeds that must be approved
5 (1) For the purposes of paragraph 3(1)(a) of the Act, the following feeds must be approved:
(a) any feed that has a novel trait;
(b) any feed, other than a mixed feed, that is not listed in the Canadian Feed Ingredients Table;
(c) any single ingredient feed that is listed in the Canadian Feed Ingredients Table and whose description differs from its description in that Table, including with respect to
(i) its purpose,
(ii) its composition, including any hazard inherent in the feed, its structure, its nutritional quality or its physiological effects,
(iii) its manufacturing process, and
(iv) the species or class of livestock for which it is intended and instructions on how it is to be used; and
(d) any feed that is manufactured by or for a government, academic or private research establishment for research or experimental purposes, other than a feed that is exempted under paragraph 3(1)(g).
Marginal note:Exemption from approval
(2) Any feed that is not referred to in subsection (1) is exempt from approval.
Marginal note:Feeds that must be registered
6 (1) For the purposes of paragraph 3(1)(a) of the Act and subject to subsections (2) and (3), all feeds must be registered.
Marginal note:Exemption from registration
(2) The following feeds are exempt from registration:
(a) any mixed feed, other than a specialty feed or custom medicated feed, that is manufactured in Canada and that is not
(i) designed to be administered in water for drinking by livestock,
(ii) a free-choice supplement, free-choice mineral feed or free-choice trace mineral salt feed that contains one or more medicating ingredients, or
(iii) a feed that contains a pest control product as defined in subsection 2(1) of the Pest Control Products Act;
(b) any mixed feed, other than a specialty feed or custom medicated feed, that is imported for sale and for which a licence has been issued under subsection 5.2(1) of the Act, and that is not referred to in any of subparagraphs (a)(i) to (iii);
(c) any specialty feed that is listed in column 1 of Table 3 of the Tables of Permissible Claims for Feed Labels that meets the conditions set out in columns 3 and 4 of that Table for the approved claim set out in column 2;
(d) any custom medicated feed manufactured in Canada if
(i) the sale of such feed is authorized under section C.08.012 of the Food and Drug Regulations,
(ii) the amount of feed manufactured does not exceed the amount that would normally be consumed by the number of animals prescribed to receive the feed during the prescribed period of medication,
(iii) the veterinary prescription contains information respecting
(A) the date on which the veterinary prescription is issued,
(B) the name and address of the person for whom the feed is to be manufactured and of the person by whom it is intended to be used,
(C) the name and level of each medicating ingredient in the feed,
(D) the type and amount of feed to be manufactured,
(E) the number, species, production type and age or weight of the livestock for which the feed is intended,
(F) any special manufacturing instructions, including any necessary facility clean-up warnings,
(G) directions for use of the feed, including feeding instructions and the period of medication during which it is to be fed to the livestock, and
(H) caution statements and warning statements, if applicable, and
(iv) a copy of the veterinary prescription is in the possession of the manufacturer of the feed prior to the delivery of the feed; and
(e) any feed that is listed in Part 1 of the Canadian Feed Ingredients Table.
Marginal note:Conditions
(3) The exemption of the feeds referred to in subsection (2) applies only if
(a) in the case of a mixed feed, the guarantees shown on the label are set out in the Tables of Nutrient Guarantees and Conditions for Feed Labels and, in the case of a single ingredient feed, in the Canadian Feed Ingredients Table;
(b) the claims shown on the label are set out in the Tables of Permissible Claims for Feed Labels; and
(c) any information shown on the label of the feed does not appear in a language other than English or French.
Applications and Requirements
Marginal note:Application for approval or registration
7 (1) An application for approval or registration of a feed must be made to the Minister in a form approved by the President.
Marginal note:Elements required
(2) Subject to subsections (4) and (5), the application must be accompanied by
(a) three copies of a proposed label to be used with the feed if the application is submitted by mail, or one copy of such label if the application is submitted electronically;
(b) the name of the feed that complies with sections 50 and 51, as well as any other name or registration or reference number used to identify the feed;
(c) a description of the feed, including a list of ingredients;
(d) a description of the intended purpose of the feed;
(e) directions for use of the feed;
(f) the name and address of each location where the feed is manufactured;
(g) specifications, concerning, among other things,
(i) the usefulness, purity and quality of the feed and the homogeneity of the mix, and
(ii) any component, the amount of which must be guaranteed in the feed;
(h) the identification and description of any contaminant in the feed, as well as the methodology and analysis for the detection of the amounts of those contaminants;
(i) reports of any analysis conducted on representative samples drawn from three different and recent lots of the feed, to support any information referred to in paragraphs (g) and (h);
(j) a description of the production methods, including details of
(i) the formulae used in manufacturing the feed,
(ii) the steps of the feed manufacturing process and any variation in the process resulting from the source of any ingredient or additive in the feed or the location where it is manufactured,
(iii) the type and capacity of the equipment used in manufacturing the feed, and
(iv) quality control procedures to assure mix uniformity and to prevent contamination of subsequent lots of feed manufactured in the same place;
(k) evidence, including the results of any scientific investigation,
(i) demonstrating the safety of the feed for the species of livestock for which it is intended, as well as other species of livestock that may be exposed to it, and for humans and the environment,
(ii) demonstrating the efficacy of the feed when used for its intended purposes and according to its directions for use,
(iii) demonstrating the stability of the feed under normal storage conditions,
(iv) demonstrating that any guarantee shown on the label, other than those set out in the Tables of Nutrient Guarantees and Conditions for Feed Labels, conveys useful information to the purchaser of the feed, and
(v) supporting any claim on the label of the feed that is not set out in the Tables of Permissible Claims for Feed Labels;
(l) scientific analysis that shows whether there are significant changes in the chemical, biological or physical composition of livestock products when the feed is used; and
(m) a summary of all the elements provided in support of the application.
Marginal note:Additional information — novel trait
(3) In the case of a feed with a novel trait, an application for approval must be accompanied by the following additional information:
(a) the identification and characterization of the novel trait and, if the novel trait is introduced from another species, details of the host and donor organisms and the methods of introduction of the novel trait into the feed;
(b) the identification and characterization of the feed with a novel trait resulting from the introduction of the novel trait, including details relating to expression of the novel trait and the stability of the introduction of the novel trait into the feed, as well as a comparison of the characteristics of the feed with those of any comparable feed;
(c) any other information, including the results of any scientific investigation and test data in respect of the novel trait that are relevant in identifying whether the feed presents a risk of harm to human or animal health or the environment, that is in the applicant’s possession or to which the applicant ought reasonably to have access; and
(d) the name of any Canadian government agency, of a government of a foreign state or of a subdivision of a foreign state or of an international organization, or association, of states that has been provided with information in respect of the feed with a novel trait and the purpose for which the information was provided.
Marginal note:Sample
(4) The Minister may require that a sample of the feed be provided in support of an application referred to under subsection (2) or (3).
Marginal note:Information — research or experimental purposes
(5) In the case of a feed that is manufactured by or for a government, academic or private research establishment for research or experimental purposes, an application for approval referred to in subsection (1) must be accompanied by the following information:
(a) the name of the feed;
(b) a description of the feed, including a list of ingredients;
(c) a description of the intended purpose of the feed;
(d) the species of livestock for which it is intended and the number of livestock required to conduct the research;
(e) the quantity of feed required to conduct the research;
(f) the research protocol, including a statement of the purpose, objectives and duration of the research and a justification of the quantity of feed and number of animals required;
(g) the name and address of the establishment where the research will take place, including the name and contact information of the person supervising the research;
(h) if the establishment has a written plan that provides that any remaining feed and livestock products produced from the feed must be disposed of in a safe manner,
(i) a description of the precautions and confinement measures to be taken with respect to the feed and livestock products,
(ii) a monitoring plan to be applied for the duration of the project, and
(iii) a contingency plan in case of accidental interaction of the feed or livestock products with any other feed or livestock products that are not the subject of the research;
(i) if the establishment does not have a written plan that complies with paragraph (h), the information referred to in paragraphs (2)(g) to (j), subparagraph (2)(k)(i) and paragraph (2)(l);
(j) if it is an imported feed, the date of its importation and its port of entry into Canada; and
(k) a summary of all the elements provided in support of the application.
Marginal note:Scientific investigation
(6) If any scientific investigation has been conducted under paragraphs (2)(k) or (3)(c), the applicant must provide the following information:
(a) the scientific research methods used;
(b) the statistical methods used to analyze the results of the investigation;
(c) the conditions under which the investigation was conducted; and
(d) the quality control and quality assurance measures taken in conducting the research and analysis.
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