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Feeds Regulations, 2024 (SOR/2024-132)

Regulations are current to 2024-06-19

Licences (continued)

Issuance, Renewal and Amendment (continued)

The following provision is not in force.

Marginal note:Notice of refusal

 If the Minister refuses to issue, renew or amend a licence, the Minister must provide a written notice to the applicant and provide the reasons for the refusal.

The following provision is not in force.

Marginal note:Place of business

 A licence holder must conduct the activities identified in their licence, other than delivery or sale, in the place of business identified in their licence for the activities.

The following provision is not in force.

Marginal note:Amendment — inability to conduct activity

  • The following provision is not in force.

     (1) If a licence holder is unable to conduct an activity identified in their licence in a place of business identified in the licence, the Minister may amend the licence to remove the authorization to conduct that activity in that place of business.

  • The following provision is not in force.

    Marginal note:Notice of amendment

    (2) The Minister must notify the licence holder in writing of any amendment to the licence and the date on which it takes effect.

Expiry, Surrender, Suspension and Cancellation

The following provision is not in force.

Marginal note:Expiry

  • The following provision is not in force.

     (1) A licence expires two years after the date of issuance or renewal that is specified in the licence unless the licence has been surrendered or cancelled before that date.

  • The following provision is not in force.

    Marginal note:Expiry — amendment

    (2) If the Minister amends a licence, its expiry date remains unchanged.

The following provision is not in force.

Marginal note:Surrender

 A licence holder may surrender their licence to the Minister and that licence becomes invalid on surrender, if it is not subject to a cancellation procedure.

The following provision is not in force.

Marginal note:Grounds for suspension

 The Minister may suspend a licence if

  • The following provision is not in force.

    (a) the licence holder does not comply with any provision of the Act, other than subsection 8(2), with any provision of these Regulations or with any of the provisions of Parts I.1 or XIV of the Health of Animals Regulations; or

  • The following provision is not in force.

    (b) a risk of harm to human or animal health or the environment may result if the licence holder continues to conduct an activity that is identified in the licence.

The following provision is not in force.

Marginal note:Conditions for suspension

  • The following provision is not in force.

     (1) The Minister must not suspend a licence unless the licence holder

    • The following provision is not in force.

      (a) has been provided with a written report that sets out the grounds for the suspension and the period within which corrective action must be taken in order to avoid the suspension; and

    • The following provision is not in force.

      (b) has failed to take corrective action within that period.

  • The following provision is not in force.

    Marginal note:Notice of suspension

    (2) The Minister must notify the licence holder in writing of the suspension and the date on which it takes effect.

The following provision is not in force.

Marginal note:Suspension — risk of harm

  • The following provision is not in force.

     (1) Despite section 29, if there is a risk of harm to human or animal health or the environment that may result if the licence holder continues to conduct an activity that is identified in the licence, the Minister may suspend the licence immediately after the Minister provides the licence holder with a written report that sets out the grounds for the suspension.

  • The following provision is not in force.

    Marginal note:Notice of suspension

    (2) The Minister must notify the licence holder in writing that their licence is suspended and that the suspension takes effect immediately.

The following provision is not in force.

Marginal note:Duration of suspension

 The suspension of a licence must be lifted if the Minister determines that corrective action has been taken.

The following provision is not in force.

Marginal note:Grounds for cancellation

 The Minister may cancel a licence if

  • The following provision is not in force.

    (a) the licence holder fails to take corrective action within 30 calendar days after the day on which the licence is suspended, unless a longer period is granted by the Minister at the written request of the licence holder;

  • The following provision is not in force.

    (b) the licence holder continues to conduct an activity that is identified in their licence while the licence is suspended;

  • The following provision is not in force.

    (c) the licence holder does not comply with any provision of the Act, other than subsection 8(2), with any provision of these Regulations or with any of the provisions of Parts I.1 or XIV of the Health of Animals Regulations and, since its issuance or renewal, the licence

    • (i) has already been suspended for non-compliance with that provision, or

    • (ii) has already been suspended twice;

  • The following provision is not in force.

    (d) the licence holder was not in compliance with subsection 8(2) of the Act in respect of their application for the issuance, renewal or amendment of the licence or at any time during the period of validity of the licence; or

  • The following provision is not in force.

    (e) the licence holder ceases or is unable to conduct all of the activities that are identified in their licence in any place of business that is identified in that licence.

The following provision is not in force.

Marginal note:Conditions for cancellation

  • The following provision is not in force.

     (1) The Minister must not cancel a licence unless the licence holder has been notified in writing of the grounds for cancellation and has been provided with an opportunity to be heard in respect of the cancellation.

  • The following provision is not in force.

    Marginal note:Notice of cancellation

    (2) The Minister must notify the licence holder in writing of the cancellation and the date on which it takes effect.

Standards

General Provisions

Marginal note:No risk of harm

  •  (1) A feed must not present a risk of harm to human or animal health or the environment.

  • Marginal note:Mixing of feed presenting a risk

    (2) It is prohibited for a person to mix a feed that presents a risk of harm to human or animal health or the environment with another feed for the purpose of bringing the feed into compliance with the requirements of the Act and these Regulations.

  • Marginal note:Exception

    (3) Subsection (2) does not apply in the following circumstances:

    • (a) either

      • (i) the person referred to in subsection (2) makes a written request for authorization to mix the feed to the Minister,

      • (ii) the request is accompanied by information respecting the risk and the measures that will be taken to mitigate the risk,

      • (iii) the Minister determines, on the basis of the information provided, that the mix does not present a risk of harm to human or animal health or the environment, and

      • (iv) the Minister provides to the person a written authorization to mix the feed; or

    • (b) the feed that is being mixed is the result of a formulating error and the risk of harm is posed by a medicating ingredient, a single ingredient feed that does not contain a contaminant, a nutrient or a product type set out in the Compendium of Non-Feed Products.

Marginal note:Prohibited content

 A feed must not contain or present, as the case may be,

  • (a) weed seeds at a level

    • (i) that would individually or cumulatively exceed the maximum percentage set out in column 2 of the List of Weed Seeds and Maximum Levels for Feeds for the species of weed referred to in column 1, or

    • (ii) that could present a risk of harm to animal health or the environment;

  • (b) screenings sold or offered for sale that would individually or cumulatively exceed the maximum percentage of weed seeds set out in column 3 of the List of Weed Seeds and Maximum Levels for Feeds for the species of weed referred to in column 1;

  • (c) mould or damage from heat or any other cause that would

    • (i) render it unfit for consumption by livestock, or

    • (ii) cause it to present a risk of harm to human or animal health when fed in proportions commonly used;

  • (d) any product of animal origin, including a fish or a bird, that is not fresh or sound or that has not been properly processed in accordance with good manufacturing practices;

  • (e) proteins in any form derived in Canada

    • (i) from specified risk material, as defined in section 6.1 of the Health of Animals Regulations, except in accordance with a permit issued under section 160 of those Regulations for the purposes of section 6.4 of those Regulations, or

    • (ii) from the carcasses of any ruminants, other than cattle, that died or were condemned before they otherwise would have been slaughtered for human consumption as food;

  • (f) proteins in any form derived from the carcass of an animal other than

    • (i) a fish, crustacean, mollusc or insect, or

    • (ii) a food animal, as defined in section 1 of the Safe Food for Canadians Regulations, that was slaughtered for human consumption as food or was raised for slaughter for human consumption as food;

  • (g) any nutrient referred to in the Tables of Maximum Nutrient Values for Feeds in an amount exceeding the maximum amount set out in those Tables for the species of livestock for which the nutrient is intended;

  • (h) a fat that is or may be derived from a ruminant and contains more than 0.15% insoluble impurities;

  • (i) any extraneous substance except in amounts that are unavoidable even if good manufacturing practices are followed;

  • (j) bacteria of the genus Salmonella that present a risk of harm to human or animal health;

  • (k) any contaminant referred to in the Tables of Maximum Contaminant Levels for Feeds at a level exceeding the maximum level set out in those Tables for the species or class of livestock for which the feed is intended;

  • (l) a single ingredient feed that was formulated for a different species;

  • (m) any substance that could, when fed in quantities commonly used or as specified in the directions for use and in consideration of the total diet, result in the production of an article of food, as defined in section 2 of the Food and Drugs Act, that is prohibited from sale under section 4 of that Act; or

  • (n) any substance, other than those referred to in paragraphs (a) to (m), that presents a risk of harm to human or animal health or the environment when fed in quantities commonly used or as specified in the directions for use and in consideration of the total diet.

Marginal note:Suited for purpose

 A feed must be uniformly mixed and have the chemical and physical composition necessary for it to be suited for the purpose for which it is intended.

Mixed Feeds

Marginal note:Content

 A mixed feed may only contain

  • (a) single ingredient feeds listed in the Canadian Feed Ingredients Table that conform to the description set out in that Table for those single ingredient feeds and that are used for a purpose consistent with the applicable class or subclass for those feeds in that Table;

  • (b) medicating ingredients set out in the Compendium of Medicating Ingredient Brochures for which the brand, claim, level, compatibility with another ingredient, if any, and species of livestock for which they are intended are those set out for those ingredients in that Compendium, unless the feed is a custom medicated feed;

  • (c) pest control products registered under the Pest Control Products Act for the purpose of mixing with the feed; and

  • (d) product types set out in the Compendium of Non-Feed Products for which the brand, claim, inclusion level and approved species of livestock for which they are intended are those set out for those product types in that Compendium.

Marginal note:Premix or supplement — content

 A premix or supplement may contain

  • (a) medicating ingredients referred to in paragraph 37(b);

  • (b) pest control products referred to in paragraph 37(c); or

  • (c) product types referred to in paragraph 37(d).

Marginal note:Mineral feed — content

 A mineral feed must contain at least 40% crude ash.

Marginal note:Chop feed

 A chop feed must be obtained by grinding, chopping or crushing

  • (a) grains of wheat, rye, barley, oats, corn, buckwheat, flax, field peas, field beans, triticale, sorghum, canola or soybeans either alone or in combination with one another;

  • (b) Mixed Feed Oats described in the Canadian Feed Ingredients Table; or

  • (c) cereals grain screenings grade 1 or 2 or pulse grain screenings grade 1 or 2 described in the Canadian Feed Ingredients Table.

Single Ingredient Feeds

Marginal note:Chopped, crushed or ground grain

 Chopped, crushed or ground grain sold as a feed or as an ingredient of a feed must meet, at a minimum, the characteristics set out in Schedule 3 to the Canada Grain Regulations for the lowest grade established by those Regulations for that kind of grain before it is chopped, crushed or ground.

Marginal note:Single ingredient feed set out in Table

 A single ingredient feed sold or imported under an approved name set out in the Canadian Feed Ingredients Table must conform to the description of that feed set out in that Table.

 

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