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Feeds Regulations, 1983 (SOR/83-593)

Regulations are current to 2021-12-23 and last amended on 2019-01-15. Previous Versions

Registration (continued)

  •  (1) Every application to register a feed shall be made to the Director on Form I of Schedule III.

  • (2) Every application referred to in subsection (1) shall be accompanied by

    • (a) five copies of a proposed label to be used with the feed or, in the case of a feed that is being re-registered without any changes, five copies of the label used with the feed; and

    • (b) [Repealed, SOR/96-422, s. 1]

    • (c) where copies of a proposed label accompany the application, an undertaking by the applicant to submit five copies of the actual label or a facsimile thereof to the Director within three months from the date of registration.

  • (3) Each set of labels accompanying an application shall be identified by an attachment number and such attachment number shall be indicated on the application.

  • (4) [Repealed, SOR/86-392, s. 2]

  • SOR/86-392, s. 2
  • SOR/93-232, s. 2
  • SOR/96-422, s. 1
  • SOR/2000-184, ss. 49, 54

 Where an application to register a feed is made by an applicant who is not resident in Canada, the feed is not eligible for registration unless the application is signed by an agent of the applicant who is permanently resident in Canada and to whom any notice or correspondence under the Act may be sent and such agent gives an undertaking to the Director on Form II of Schedule III.

  • SOR/2000-184, s. 54

Satisfactory Evidence

  •  (1) In addition to the requirements set out in section 6, an applicant shall provide the Director with satisfactory evidence to permit an assessment or evaluation of the safety and efficacy of the feed in respect of livestock and its potential effect on humans and on the environment.

  • (2) The evidence referred to in subsection (1) shall, where appropriate, include the following information, descriptions and reports:

    • (a) the results of scientific investigations respecting

      • (i) the conditions and the prevalence of such conditions under which the feed would be efficacious for its intended purposes,

      • (ii) the safety of the feed in respect of the species of livestock for which it is intended and in respect of other species of livestock and humans who may be exposed to it,

      • (iii) suitable methodology for the detection of significant amounts of any ingredient, compound, substance or organism that is intentionally incorporated into the feed or that occurs as a contaminant of the feed,

      • (iv) harmful residues, if any,

      • (v) significant changes in the chemical or physical composition of livestock products produced when the feed is used, and

      • (vi) the stability of the feed under practical conditions of storage;

    • (b) a description of production methods including

      • (i) information with respect to actual formulas to be used in the manufacture of the feed,

      • (ii) information with respect to the type and capacity of the equipment to be used in the manufacture of the feed, and

      • (iii) information with respect to quality control procedures to assure uniformity of the mix and the lack of contamination of subsequent lots of feed manufactured in the same place; and

    • (c) reports of analysis for any specified nutrient or medicating ingredient that is required to be guaranteed in the feed conducted on at least three samples, each drawn from a different one-third of a single mix or batch of the feed.

  • (3) Where any investigation has been performed for the purpose of providing the evidence referred to in subsection (1), the applicant shall establish that

    • (a) the investigation was conducted or supervised by qualified research personnel;

    • (b) the investigation was designed to facilitate statistical analysis and the results of the investigation were analysed by appropriate statistical methods; and

    • (c) the investigation was conducted under conditions similar to those that may be expected to occur in Canada.

  • SOR/90-73, s. 3

Registration and Renewal of Registrations

  •  (1) Where an application for registration of a feed is assessed or evaluated and the feed is found to meet the requirements of the Act and these Regulations, a registration number shall be assigned to that feed and a feed registration certificate shall be issued to the applicant.

  • (2) A feed registration certificate may be issued in respect of one or more feeds.

  • (3) A registrant may surrender a feed registration certificate by submitting to the Director Form III of Schedule III, duly completed, that the registrant shall be provided with by the Director and that shall contain a list of the feeds for which the registrant has a registration certificate.

  • (4) Every feed registration certificate with an expiry date of March 31, 1986 shall, notwithstanding the expiry date, continue in effect on the same terms and conditions as a certificate referred to in subsection (3).

  • (5) Where all requirements for the registration of a feed, except those pertaining to efficacy, are met, the Director may, if the Director is satisfied that no safety hazard is likely to arise for livestock and that potential benefits for livestock may be derived from the registration of the feed, issue a temporary registration certificate for a limited period during which tests to determine the efficacy of the feed will be carried out.

  • (6) Every feed registration certificate shall expire

    • (a) on September 30, 1996, if issued before January 1, 1985;

    • (b) on March 31, 1997, if issued during the period beginning on January 1, 1985 and ending on December 31, 1986;

    • (c) on March 31, 1998, if issued during the period beginning on January 1, 1987 and ending on March 31, 1996;

    • (d) on March 31 of the third year that follows the year of registration or the year of the latest renewal, as the case may be, if issued after March 31, 1996;

    • (e) on the date the Director receives from the registrant Form III of Schedule III indicating that the registrant agrees to surrender the feed registration certificate; or

    • (f) on the date the certificate of registration is cancelled by the Minister in accordance with section 12.

  • (7) Any application to renew or amend a registration shall be made to the Minister in the same manner as an application for registration, and is considered to be an application for registration for the purposes of these Regulations.

  • SOR/86-392, s. 3
  • SOR/89-165, s. 2
  • SOR/96-422, s. 2

 Where a feed that is required to be registered is to be marketed in more than one physical form, one application for registration of that feed may be made, one registration fee paid and one registration number assigned to it.

Refusal to Register and Cancellation of Registration

 The Director shall refuse to register a feed if, after an assessment or evaluation of the application for registration, there are reasonable grounds to believe that

  • (a) its brand or name would tend to deceive or mislead a purchaser with respect to its composition or usefulness;

  • (b) its brand would likely be confused with a brand already applied to a registered feed;

  • (c) it is deleterious or injurious to livestock or humans when used according to directions;

  • (d) it is unsuited for the purpose for which it is to be sold or represented;

  • (e) it does not meet the standards prescribed by these Regulations for that feed;

  • (e.1) it does not conform to the requirements of the Health of Animals Act, or any regulations made under that Act, respecting animal by-products, animal food or animal products; or

  • (f) the labelling information or guarantees do not fully describe the usefulness of the feed.

  • SOR/90-73, s. 4
  • SOR/2006-147, s. 2
  • SOR/2009-220, s. 1(F)
  •  (1) Subject to subsections (2) to (4), the Minister shall cancel a certificate of registration in respect of any feed if there are reasonable grounds to believe that, with respect to that feed, there has been a contravention of the Act, these Regulations, the Health of Animals Act or any regulations made under that Act.

  • (2) A certificate of registration shall be cancelled only if the Minister has sent a notice to the registrant by registered mail that

    • (a) identifies the provision of the Act or these Regulations that has not been complied with;

    • (b) sets out a time limit for the registrant to comply with those provisions in order to avoid the proposed cancellation; and

    • (c) specifies that the registration will be cancelled unless the registrant, within 30 days after the date of mailing the notice, notifies the Minister, in writing, that the registrant wishes to have an opportunity to be heard respecting the proposed cancellation.

  • (3) Within 30 days after the date of receipt of the written notification referred to in paragraph (2)(c), the Minister shall notify the registrant by registered mail of the time and place of the hearing to determine whether the certificate of registration will be cancelled.

  • (4) The Minister shall cancel the certificate of registration where

    • (a) the registrant has failed to notify the Minister pursuant to paragraph (2)(c);

    • (b) the registrant has failed to comply with, or has failed to bring the feed for which the certificate of registration was issued into compliance with, the provisions of the Act or these Regulations referred to in paragraph 2(a) within the period specified in the notice or continues, after that period has expired, to contravene or fail to comply with those provisions; and

    • (c) a notice of cancellation of registration has been sent by registered mail to the registrant.

  • SOR/89-165, s. 3
  • SOR/94-683, s. 2
  • SOR/97-151, s. 10(F)
  • SOR/2006-147, s. 3

 Where the Director refuses to register a feed pursuant to section 11, the Director shall notify the applicant by mail of the refusal and the reasons therefor.

  • SOR/94-683, s. 2

Standards and General Requirements

 A mixed feed shall not contain

  • (a) ingredients other than those listed in Schedule IV or V;

  • (b) medicating ingredients of a brand, at a level or for a purpose or species other than as set out in the Compendium of Medicating Ingredient Brochures unless the feed is a veterinary prescription feed.

  • (c) [Repealed, SOR/88-473, s. 3]

  • SOR/88-473, s. 3
  • SOR/90-73, s. 5
  •  (1) Every person who manufactures or sells a customer formula feed, a consultant formula feed, a feed described in paragraph 5(2)(d) or a veterinary prescription feed shall keep a copy of each mixing formula used in the manufacture of that feed and retain it

    • (a) in the case of a customer formula feed, a consultant formula feed or a feed described in paragraph 5(2)(d), for a period of six months from the last date of manufacture of that feed; or

    • (b) in the case of a veterinary prescription feed, for a period of one year from the last date of manufacture of that feed.

  • (2) Every consultant formula feed and feed described in paragraph 5(2)(d) shall be

    • (a) labelled in accordance with sections 26 to 33; and

    • (b) packaged in accordance with section 34.

  • (3) Every customer formula feed shall be

    • (a) manufactured in accordance with a signed customer formula; and

    • (b) labelled in accordance with section 26.

  • (4) Every manufacturer of a customer formula feed or a veterinary prescription feed shall keep a copy of the customer formula or the veterinary prescription under which the feed is manufactured in the manufacturer’s possession during the manufacture of that feed and shall keep that copy, together with a list of each date on which the feed was manufactured,

    • (a) in the case of a customer formula feed, for a period of at least six months from the last date of manufacture of that feed; or

    • (b) in the case of a veterinary prescription feed, for a period of at least one year from the last date of manufacture of that feed.

  • SOR/97-292, s. 23

 No significant change shall be made by a registrant to a feed registered under these Regulations unless an application for registration of the feed with the significant change is assessed or evaluated by the Director and the feed is found to comply with these Regulations.

  • SOR/86-392, s. 4

 Every feed registered under these Regulations that contains a pest control product as defined in the Pest Control Products Act is deemed to be registered under the Pest Control Products Act.

  •  (1) A converter feed is not eligible for registration unless the mixing directions in respect of the feed specify

    • (a) that it must be further mixed prior to feeding;

    • (b) the name of the feed being converted and the name of the resulting feed; and

    • (c) the materials and the amount of the feed with which it is to be mixed to make a complete feed.

  • (2) A micro-premix is not eligible for registration unless its mixing directions specify

    • (a) that it must be further mixed prior to feeding;

    • (b) in the case of a micro-premix that does not contain any medicating ingredient and is to be used for mixing with other feed ingredients, that its use be limited to a rate of not less than 5 kg per tonne to make another feed unless labelled with the following statement, namely, “For use only by feed manufacturers who are feed registrants under the Feeds Act.” or “À l’usage exclusif des fabricants d’aliments du bétail titulaires d’un certificat d’enregistrement en vertu de la Loi relative aux aliments du bétail.”.

    • (c) in the case of micro-premix that contains any medicating ingredient and is to be used for mixing with other feed ingredients, that its use be limited to a rate of not less than 10 kg per tonne to make another feed; and

    • (d) in the case of a micro-premix that is to be used for mixing with water, that its use be limited to the mixing of the micro-premix in a sufficient proportion to supply, in the daily water requirement, at least the minimum daily requirement of the guaranteed nutrient.

  • (3) No converter feed, macro-premix or micro-premix shall be labelled with instructions that indicate that the feed can be used for free choice feeding or as a top-dressing on other parts of a diet.

  • (4) No mineral feed shall contain an ingredient that functions to supply a nutritionally significant amount of carbohydrates.

  • (5) A trace mineral salt feed is not eligible for registration if it contains ingredients incorporated to supply macro-minerals.

  • SOR/90-73, s. 6
  • SOR/93-232, s. 2
  •  (1) Subject to subsections (2) and (3), a feed shall not contain

    • (a) more than one-half of one per cent of the seeds of weeds listed in Table I of Schedule II except when screenings are sold or offered for sale singly, in which case the screenings may contain any amount not exceeding one per cent of such materials and an additional one per cent of wild mustard and hare’s ear mustard seed;

    • (b) fluorine in an amount likely to be deleterious to livestock or exceeding the following proportions:

      • (i) 0.2 per cent (2 000 mg/kg) in any mineral feed for cattle, sheep or horses containing nine per cent or less of phosphorus,

      • (ii) 0.3 per cent (3 000 mg/kg) in any mineral feed for cattle, sheep or horses containing greater than nine per cent of phosphorus,

      • (iii) 0.6 per cent (6 000 mg/kg) in a mineral feed for swine, and

      • (iv) in a complete or balanced feed

        • (A) 0.004 per cent (40 mg/kg) for horses and rabbits,

        • (B) 0.005 per cent (50 mg/kg) for cattle and sheep,

        • (C) 0.015 per cent (150 mg/kg) for swine and turkeys, and

        • (D) 0.020 per cent (200 mg/kg) for chickens;

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

      • (i) render it unfit for feed, or

      • (ii) make it unsafe for feeding in proportions commonly used;

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

    • (d.1) proteins in any form derived in Canada

      • (i) except in accordance with a permit issued under section 160 of the Health of Animals Regulations for the purpose of section 6.4 of those Regulations, from specified risk material, 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;

    • (d.2) proteins in any form derived from the carcass of an animal other than

    • (d.3) a fat that is or may contain a fat derived from a ruminant and containing more than 0.15% insoluble impurities;

    • (e) more than 0.2 per cent feathers or sawdust or more than 0.3 per cent of feathers and sawdust combined;

    • (f) any extraneous material except in such amounts as are unavoidable in good manufacturing practice;

    • (g) any chaff, dust, knuckles or like material, except as a declared ingredient or as a recognized tolerance in a declared ingredient;

    • (h) in the case of a feed that is chopped, crushed or ground, more than 15 viable seeds per 30 g of the weeds listed in Table 2 of Schedule II;

    • (i) aflatoxins in an amount exceeding 20 parts per billion;

    • (j) any material in quantities that could, when fed in proportions commonly used or as specified in the feeding directions, result in the production of an article of food that is prohibited from sale by virtue of section 4 of the Food and Drugs Act; or

    • (k) any material, other than those referred to in paragraphs (a) to (j), in quantities likely to be deleterious to livestock, when fed in proportions commonly used or as specified in the feeding directions.

  • (2) A feed labelled with instructions for feeding only to beef cattle three months of age or over and with a caution to discontinue the feeding of it at least 48 hours before marketing or slaughter may contain up to 15 per cent in the aggregate of the materials listed in Table 1 of Schedule II, except darnel and purple cockle.

  • (3) Paragraph (1)(a) does not apply to unground screenings when labelled or invoiced as cereals grain screenings uncleaned (uncleaned screenings) or cereals grain screenings refuse (refuse screenings).

 
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