Feeds Regulations, 1983 (SOR/83-593)

Exemptions

3 The following feeds are exempt from the operation of the Act and these Regulations:

• (a) a feed for export from Canada and so labelled;

• (b) a feed for mink or foxes containing only uncooked tissues of animals, poultry or fish unless such feed contains any material in quantities prohibited by paragraph 19(1)(k);

• (c) a feed, other than a novel feed, that is manufactured for experimental purposes at or for a governmental, academic or private research establishment and that is fed to livestock owned by or under the direct supervision of that establishment, if that establishment accepts responsibility for the safe disposal of all livestock products produced from the feed;

• (c.1) a feed, other than a novel feed, that is imported into Canada by a governmental, academic or private research establishment for testing for experimental purposes, provided that the importer of the feed

  • (i) has submitted to the President of the Agency in writing, before the importation, information pertaining to the location of the test, a complete description of the ingredients in the feed to be tested, the total quantity of feed required to conduct the test and the quantity of each shipment, and the date and port of entry through which the feed is to be imported, and

  • (ii) has received the approval of the President of the Agency for the importation and accepts responsibility for the safe disposal of all livestock produced from the feed;

• (d) a feed that contains a medicating ingredient manufactured pursuant to section C.08.005 of the Food and Drug Regulations for the purposes of conducting new drug clinical testing; and

• (e) a complete feed that is

  • (i) packaged in containers containing not more than 5 kg net mass, and

  • (ii) intended for feeding to livestock not intended to be used for the production of food for human consumption.

• (f) [Repealed, SOR/97-6, s. 3]

Deleterious Substances

4 The following substances are hereby prescribed as deleterious substances for the purposes of sections 3 and 4 of the Act:

• (a) aldrin;

• (b) carbaryl;

• (c) carbathiin;

• (d) D.D.T.;

• (e) dieldrin;

• (f) heptachlor;

• (g) heptachlor epoxide;

• (h) lindane;

• (i) malathion;

• (j) mercury compounds;

• (k) methoxychlor; and

• (l) toxaphene.

Notification and Authorization of the Release of Novel Feeds

• 4.1 (1) Subject to subsections (2) and (3), no person shall release a novel feed unless the person

  • (a) provides notification of the proposed release in writing to the Minister, accompanied by the information set out in section 4.2;

  • (b) provides an undertaking in writing to the Minister to take responsibility for and assume the costs of the safe disposal of the novel feed and all livestock products produced from the novel feed; and

  • (c) receives authorization from the Minister for the release pursuant to section 4.3.

• (2) Subsection (1) does not apply in respect of a feed that is registered or a feed that is exempt from registration.

• (3) Where the accompanying information that is required to be provided to the Minister by paragraph (1)(a) in respect of the proposed release of a novel feed is the same as information that has already been provided to the Minister before the coming into force of this section and sections 4.2 to 4.4, or that is provided on or after the coming into force of this section and sections 4.2 to 4.4 in relation to another notification or authorization, the information is not required to be provided again.

Information Requirements

• 4.2 (1) Subject to subsection (2), the accompanying information that is required to be provided by a person to the Minister pursuant to paragraph 4.1(1)(a) is the following:

  • (a) the name of the person or body responsible for the proposed release and the name of the person who will be in charge of carrying out the release;

  • (b) the purpose and objectives of the proposed release;

  • (c) the proposed starting date, time period and site of the release;

  • (d) the proposed release protocol, including

    • (i) any confinement measures intended to mitigate the establishment and spread, in the environment, of the novel feed and the interaction of the novel feed with the environment,

    • (ii) the monitoring plan and procedures to be followed both during and after the release,

    • (iii) the method to be used for the safe disposal of the novel feed and all livestock products produced from the novel feed, and

    • (iv) the contingency plan to be followed to minimize any adverse effect of an accidental release of the novel feed on the environment, including any adverse effect on human or animal health;

  • (e) in the case of a novel feed with a novel trait, the identification and characterization of the novel feed, including

    • (i) the identification and characterization of the novel trait expressed by the novel feed and, where the novel trait is introduced from another species, details of the host and donor organism and of the methods of incorporation of the novel trait into the novel feed, where applicable, and

    • (ii) the identification and characterization of the novel feed resulting from the introduction of the novel trait, including details relating to expression of the novel trait and the stability of the incorporation of the novel trait into the novel feed, and a comparison of the characteristics of the novel feed with those of the unmodified feed;

  • (f) all other information and test data in respect of the novel feed that are relevant to identifying risks to the environment, including risks to human or animal health, and that are in the person’s possession or to which the person ought reasonably to have access;

  • (g) other Canadian or foreign government agencies that have been provided with information in respect of the novel feed and the purpose for which the information was provided; and

  • (h) a description of the analytical methodologies followed in generating any submitted data, including quality control and quality assurance procedures.

• (2) The information required by subparagraph (1)(e)(ii) or paragraph (1)(f) or (h) or any part of that information may be omitted if the Minister determines, on the basis of a written scientific rationale provided by the person referred to in subsection (1), that the information or part is not relevant or cannot practicably be obtained and is not required for the Minister’s decision under section 4.3, and notifies the person of that determination.

Decision of the Minister

• 4.3 (1) On receiving the notification provided pursuant to paragraph 4.1(1)(a), the Minister shall, after considering all relevant matters, including the information provided pursuant to that paragraph, and after evaluating the potential impact on and risk to the environment, including the potential impact on and risk to human and animal health, posed by the proposed release

  • (a) authorize the release where there is minimal risk to the environment, and may, where necessary in order to minimize the risk, impose conditions for the management of the risk; or

  • (b) refuse to authorize the release where the proposed release poses an unacceptable risk to the environment.

• (2) In evaluating the risk to the environment for the purposes of subsection (1), the Minister shall

  • (a) consider such matters as

    • (i) the effects of the proposed release on the environment, and

    • (ii) the magnitude of the exposure to the environment of the novel feed involved in the proposed release; and

  • (b) assess whether the novel feed is toxic.

New Information Requirements

• 4.4 (1) Where, at any time after providing notification pursuant to paragraph 4.1(1)(a) or receiving authorization pursuant to paragraph 4.3(1)(a), a person becomes aware of any new information regarding risk to the environment, including risk to human or animal health, that could result from the release of the novel feed, the person shall immediately provide the new information to the Minister.

• (2) Where the Minister, on the basis of the new information provided by a person pursuant to subsection (1), re-evaluates the potential impact on and risk to the environment, including the potential impact on and risk to human and animal health, posed by the release and determines that there is

  • (a) a risk that is less than was apparent at the time of the original notification or at the time of any subsequent provision of new information since the original notification, the Minister may

    • (i) where the release has already been authorized, maintain the existing conditions respecting the release,

    • (ii) change the conditions respecting the release, or

    • (iii) remove any of the conditions respecting the release;

  • (b) a risk that is greater than was apparent at the time of the original notification or at the time of any subsequent provision of new information since the original notification, the Minister may

    • (i) impose additional conditions respecting the release, or

    • (ii) change the conditions respecting the release; or

  • (c) an unacceptable risk, the Minister shall

    • (i) refuse to authorize the release, or

    • (ii) where the release has already been authorized, cancel the authorization and require the person to stop the release of the novel feed and take any appropriate action necessary to eliminate or minimize the risk.

• (3) In re-evaluating the risk to the environment on the basis of new information for the purposes of subsection (2), the Minister shall consider the matters referred to in paragraph 4.3(2)(a) and make the assessment referred to in paragraph 4.3(2)(b).

Registration

• 5 (1) Subject to subsection (2), all feeds shall be registered.

• (2) The following feeds are not required to be registered:

  • (a) chop feeds;

  • (b) single ingredient feeds other than single ingredient feeds described or referred to in Part II of Schedule IV or Part II of Schedule V;

  • (c) any brand of feed medicating ingredient premix listed in the Compendium of Medicating Ingredient Brochures;

  • (d) any complete feed, supplement or macro-premix manufactured in Canada that is designed to be fed to beef cattle, dairy cattle, sheep, swine, chickens, turkeys, horses, goats, ducks, geese, salmonid fish, mink or rabbits where

    • (i) the feed is not designed to replace whole milk in the ration of the livestock,

    • (ii) in the case of a complete feed, the nutrient level guaranteed for those nutrients listed in Table 4 of Schedule I is within the range of nutrient levels listed in that Table for that type of feed,

    • (iii) in the case of a feed whose sodium content is designed to limit or regulate the intake of that feed by beef cattle or sheep and whose sodium level exceeds the maximum listed in Table 4 of Schedule I, the directions for use indicated on the label include a statement to the effect that adequate water must be provided,

    • (iv) in the case of a supplement or macro-premix, the nutrient level guaranteed for those nutrients listed in Table 4 of Schedule I is such that when the supplement or macro-premix is used according to the directions for use it will not supply the complete feed with any nutrient at a level higher than the maximum listed in that Table for that nutrient but will supply the complete feed, in conjunction with the other ingredients, with a level of nutrient that meets or exceeds the minimum listed in that Table for that nutrient, and

    • (v) the manufacture and sale of the feed is in compliance with sections 14 and 15;

    • (vi) [Repealed, SOR/88-473, s. 2]

  • (e) any consultant formula feed manufactured in Canada if

    • (i) in the case of a complete feed, the nutrient level guaranteed for those nutrients listed in Table 4 of Schedule I is within the range of nutrient levels listed in that Table for that type of feed,

    • (ii) in the case of a feed whose sodium content is designed to limit or regulate the intake of that feed by beef cattle or sheep and whose sodium level exceeds the maximum listed in Table 4 of Schedule I, the directions for use indicated on the label include a statement to the effect that adequate water must be provided,

    • (iii) in the case of a supplement, macro-premix or micro-premix, the nutrient level guaranteed for those nutrients listed in Table 4 of Schedule I is such that when the supplement, macro-premix or micro-premix is used according to the directions for use it will not supply the complete feed with any nutrient at a level higher than the maximum listed in that Table for that nutrient but will supply the complete feed, in conjunction with that supplied by the other ingredients, with a level of nutrient that meets or exceeds the minimum listed in that Table for that nutrient, and

    • (iv) the manufacture and sale of such a feed is in compliance with sections 14 and 15,

    • (v) and (vi) [Repealed, SOR/88-473, s. 2]

  • (f) any customer formula feed manufactured in Canada if the manufacture and sale of the feed is in compliance with sections 14 and 15; and

  • (g) any veterinary prescription 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 be normally consumed by the number of animals prescribed to receive the feed during the prescribed period of medication,

    • (iii) the veterinary prescription pursuant to which the feed is manufactured is signed by the veterinarian who issued it and the prescription contains the following information:

      • (A) the date on which the prescription is written,

      • (B) the name and address of the person for whom the feed is to be manufactured and by whom it is intended to be used,

      • (C) the name and level of inclusion in the feed of the medicating ingredient prescribed by the veterinarian,

      • (D) the type and amount of feed to be manufactured,

      • (E) the number, kind, class and age or weight of the livestock intended to be fed the feed,

      • (F) special manufacturing instructions including necessary mill clean-up warnings, if any,

      • (G) feeding instructions or directions for use of the feed including the period of medication during which the feed is to be fed to the livestock, and

      • (H) warning statements and caution statements, where applicable,

    • (iv) the veterinary prescription pursuant to which the feed is manufactured contains a statement, signed by the person for whom the prescription was issued, indicating that he has read and understands the feeding instructions or directions for use and the warning statements and caution statements set out on the prescription, except that no such statement is necessary in those cases where, for practical reasons, the veterinarian who issued the prescription issued it directly to the manufacturer of the feed and is satisfied that the person for whom the prescription was issued was adequately aware of the information set out on the prescription,

    • (v) a copy of the veterinary prescription is in the possession of the manufacturer of the feed prior to the delivery of the feed, and

    • (vi) [Repealed, SOR/97-292, s. 22]

    • (vii) the feed is labelled in accordance with subsection 26(7).

• (3) A feed that is exempt from registration pursuant to paragraph (2)(a), (b), (d), (e), (f) or (g) shall conform to the standards prescribed in these Regulations for that feed and shall be packaged and labelled as prescribed in these Regulations.