Feeds Regulations, 2024 (SOR/2024-132)
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Regulations are current to 2024-06-19
Preventive Controls (continued)
Preventive Control Plan (continued)
Marginal note:Retention period — documents
60 Any person that is required to prepare, keep and maintain a written preventive control plan must keep
- The following provision is not in force.
(a) a copy of each version of the preventive control plan for two years after the day on which that version ceases to be implemented; and
- The following provision is not in force.
(b) supporting documents that show evidence of the information set out in section 59 and documents that substantiate that the preventive control plan has been implemented with respect to that section, for two years after the day on which they are prepared.
Investigation, Complaints and Recall
Marginal note:Investigation — risk of harm
61 (1) Any person that manufactures, stores, packages, labels, sells or exports a feed and who suspects on reasonable grounds that the feed presents a risk of harm to human or animal health or the environment or does not meet the requirements of the Act or these Regulations must immediately investigate the matter.
Marginal note:Notification
(2) If the investigation establishes that the feed presents a risk of harm to human or animal health or the environment, the person must immediately notify the Minister and immediately take action to mitigate the risk.
Marginal note:Complaints — procedure
- The following provision is not in force.
62 (1) Any person that manufactures, stores, packages, labels, sells or exports a feed must prepare, keep and maintain a document that sets out a procedure for receiving, investigating and responding to complaints regarding the feed.
- The following provision is not in force.
Marginal note:Complaints — implementation
(2) On receipt of a complaint, the person must implement the procedure, prepare a document that sets out the details of the complaint, the results of the investigation and the actions taken based on those results and keep the document for two years after the day on which the actions are completed.
Marginal note:Recall procedure
- The following provision is not in force.
63 (1) Any person that manufactures, stores, packages, labels, sells or exports a feed must prepare, keep and maintain a document that sets out a recall procedure that enables the effective recall of the feed, the name of a contact person who is responsible for the procedure and the name of a contact person who is responsible for conducting recalls.
- The following provision is not in force.
Marginal note:Recall — implementation
(2) If a feed is recalled because it presents a risk of harm to human or animal health or the environment, the person must
- The following provision is not in force.
(a) immediately implement the recall procedure; and
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(b) prepare a document that sets out the details of the recall, including any information that substantiates its effectiveness, and keep the document for two years after the day on which the recall is initiated.
Requirements Specific to Certain Activities
Manufacture of Feeds
Marginal note:Mixed feed
64 (1) Any person that manufactures a mixed feed must keep a copy of the mix sheet for a period of two years after the day of manufacture of each lot as well as a copy of the mix formula for a period of two years after the last day of manufacture of that feed.
Marginal note:Customer formula feed or custom medicated feed
(2) If the feed is a customer formula feed or a custom medicated feed, the person who manufactures that feed must have a copy of the customer formula or the veterinary prescription under which the feed is manufactured in their possession during the manufacture of that feed and keep that copy for a period of two years after the last day of manufacture of that feed.
Marginal note:Single ingredient feed
(3) Any person that manufactures a single ingredient feed must keep a document containing the name of the feed, its identification code, its date of manufacture and the quantity manufactured for a period of two years after the day of manufacture of each lot of the feed, and keep a copy of any mix formula for a period of two years after the last day of manufacture of the feed.
Import of Feeds
Marginal note:Information
- The following provision is not in force.
65 (1) Any person that imports a feed must, before or at the time of the import, provide to the Minister, in a form approved by the President, the following information:
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(a) their name and address;
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(b) the name and address of the person from whom the feed is received;
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(c) the name of the country of origin;
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(d) the address of the first destination of the feed in Canada; and
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(e) a description of the feed, including its name and quantity.
- The following provision is not in force.
Marginal note:Exception
(2) Despite subsection (1), the Minister may authorize the person who imports the feed, at their written request, to provide the information after the time of import, at the time specified by the Minister.
Marginal note:Further inspection
66 If, during an inspection that is conducted at the time of the import of a feed, the inspector determines that a further inspection is required, the person who imports the feed must keep it at the address referred to in paragraph 65(1)(d) until the further inspection is completed.
Marginal note:Same level of protection
67 The person who imports a feed must demonstrate that the feed imported has been manufactured, stored, packaged and labelled in a manner and under conditions that provide at least the same level of protection as that provided by subsections 56(1) and (2) and sections 59 to 63.
Marginal note:Non-compliant feed
68 Any person may import a feed, other than a novel feed, that does not meet any of the requirements set out in sections 6 and 34 to 54 if
- The following provision is not in force.
(a) a label that bears the words “Imported for Export” or “importé pour l’exportation” is applied or attached to the feed or accompanies it;
- The following provision is not in force.
(b) the feed is intended to be stored, processed, packaged or labelled for the purpose of exporting it; and
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(c) the activities referred to in paragraph (b) are conducted by the holder of a licence issued under section 5.2 of the Act.
Manufacture or Sale for Export or Export of Feeds
Marginal note:Non-compliant feed
69 (1) Subject to subsection (2), any person may manufacture or sell a feed that is intended to be exported and that does not meet any of the requirements set out in sections 5 and 6 and 34 to 54 if a label that bears the word “Export” or “exportation” is applied or attached to the feed or accompanies it and if
(a) in the case where the foreign state to which the feed is exported has a different requirement on the same matter as the unmet requirement, the person prepares a document that substantiates that the foreign state’s requirement has been met; or
(b) in the case where the foreign state to which the feed is exported has no requirement on the same matter as the unmet requirement, the person prepares a document that sets out the specifications for the unmet requirement as stipulated by the person in the foreign state for whom the exported feed is intended.
Marginal note:Exceptions
(2) Subsection (1) does not apply if the feed that is intended to be exported is or contains an ingredient that is a novel viable organism, a feed with a novel trait or a feed that includes a novel product of biotechnology manufactured in Canada unless it is a substance or a living organism that
(a) is specified on the Domestic Substances List maintained by the Minister of the Environment under the Canadian Environmental Protection Act, 1999;
(b) is approved under an Act of Parliament that is listed in Schedule 2 or 4 of the Canadian Environmental Protection Act, 1999;
(c) is included in
(i) a novel food, as defined in section B.28.001 of the Food and Drug Regulations, that has been established as safe for consumption in accordance with sections B.28.002 and B.28.003 of those Regulations, or
(ii) a natural health product for which a product licence has been issued in accordance with the Natural Health Products Regulations and which has not been suspended or canceled; or
(d) is specified on
(i) the List of Permitted Supplemental Ingredients as defined in subsection B.01.001(1) of the Food and Drug Regulations,
(ii) the List of Veterinary Health Products referred to in the definitionList C in subsection C.01.001(1) of the Food and Drug Regulations,
(iii) the List of Permitted Anticaking Agents referred to in the definition List in subsection 1(1) of the Marketing Authorization for Food Additives That May Be Used as Anticaking Agents,
(iv) the List of Permitted Bleaching, Maturing or Dough Conditioning Agents referred to in the definition List in subsection 1(1) of the Marketing Authorization for Food Additives That May Be Used as Bleaching, Maturing or Dough Conditioning Agents,
(v) the List of Permitted Emulsifying, Gelling, Stabilizing or Thickening Agents referred to in the definition List in subsection 1(1) of the Marketing Authorization for Food Additives That May Be Used as Emulsifying, Gelling, Stabilizing or Thickening Agents,
(vi) the List of Permitted Firming Agents referred to in the definition List in subsection 1(1) of the Marketing Authorization for Food Additives That May Be Used as Firming Agents,
(vii) the List of Permitted Food Enzymes referred to in the definition List in subsection 1(1) of the Marketing Authorization for Food Additives That May Be Used as Food Enzymes,
(viii) the List of Permitted Preservatives referred to in the definition List in subsection 1(1) of the Marketing Authorization for Food Additives That May Be Used as Preservatives,
(ix) the List of Permitted Yeast Foods referred to in the definition List in subsection 1(1) of the Marketing Authorization for Food Additives That May Be Used as Yeast Foods, or
(x) the List of Permitted Food Additives with Other Accepted Uses referred to in the definition List in subsection 1(1) of the Marketing Authorization for Food Additives with Other Accepted Uses.
Marginal note:Export certificate or document
- The following provision is not in force.
70 (1) An application for the issuance of a certificate or other document referred to in section 5.5 of the Act must be made to the Minister in a form approved by the President.
- The following provision is not in force.
Marginal note:Conditions for issuance
(2) The Minister may issue a certificate or other document referred to in section 5.5 of the Act in respect of a feed that has been manufactured, stored, processed, packaged, labelled, sold or distributed by the holder of a licence issued under section 5.2 of the Act if the licence holder complies with all the conditions to which the licence is subject.
- The following provision is not in force.
Marginal note:Inspection before export
(3) The Minister may require that an inspection be conducted of any feed in respect of which a person has applied for a certificate or other document referred to in section 5.5 of the Act, for the purpose of deciding whether to issue the certificate or other document.
Traceability
Marginal note:Documents
- The following provision is not in force.
71 (1) Any person that manufactures, stores, packages, labels, sells, imports or exports a feed must, if they provide the feed to another person, prepare, keep and maintain documents that set out the following information:
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(a) the name of the feed;
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(b) its identification code;
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(c) the name and address of the person who manufactured the feed or caused it to be manufactured;
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(d) the date on which the feed was provided and the name and address of the person to whom it was provided;
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(e) if they were provided the feed by another person, the name and address of that person and the date on which it was provided; and
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(f) if the feed is a mixed feed, the name of any feed, substance or product referred to in section 37 contained in the mixed feed and, if they were provided the incorporated feed, substance or product by another person, the name and address of that person and the date on which it was provided.
- The following provision is not in force.
Marginal note:Identification code
(2) Despite paragraph (1)(b), the documents are not required to contain the identification code in the case of a feed sold at retail.
- The following provision is not in force.
Marginal note:Exception
(3) Subsection (1) does not apply to
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(a) complete feeds and supplements in packages of 25 kilograms or less intended for horses; and
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(b) treats intended for any livestock species.
- The following provision is not in force.
Marginal note:Retention period of documents
(4) The documents must be kept for two years after the day on which the feed was provided to another person and must be accessible in Canada.
- Date modified: