Feeds Regulations, 2024

Feeds Regulations, 2024 Her Excellency the Governor General in Council, on the recommendation of the Minister of Agriculture and Agri-Food and the Minister of Health, makes the annexed Feeds Regulations, 2024 under section 5a of the Feeds Actb; S.C. 2015, c. 2, s. 56 R.S., c. F-9 subsection 64(1)c of the Health of Animals Actd; and S.C. 2015, c. 2, ss. 95(1) to (6) S.C. 1990, c. 21 subsection 30(1)e of the Food and Drugs Actf. S.C. 2023, c. 26, ss. 506(1) R.S., c. F-27 Definitions The following definitions apply in these Regulations. Act means the Feeds Act. (Loi) Agency means the Canadian Food Inspection Agency established by section 3 of the Canadian Food Inspection Agency Act. (Agence) biotechnology means the application of science and engineering to the direct or indirect use of living organisms or parts or products of living organisms in their natural or modified forms. (biotechnologie) carrier means a single ingredient feed or water used to facilitate the handling of a feed and its incorporation into ingredient market formulations, premixes, feed or water. The use of a carrier does not alter the feed’s intended effect and purpose. (support) cattle means animals of the species Bos taurus or Bos indicus. (bœuf) caution statement means a statement concerning animal health hazards or safe product handling or storage. (précaution) complete feed means a mixed feed that, when used for the species and class of livestock stated on the label, provides all the nutrients necessary for the maintenance of life or for promoting production, except water and, in the case of ruminants and horses, roughage. (aliment complet) contaminant means any micro-organism, chemical substance, extraneous material or other substance that may present a risk of harm to human or animal health or the environment, including any substance that is not permitted under these Regulations or that does not comply with any limits or levels provided under these Regulations. (contaminant) custom medicated feed means a medicated feed that is manufactured in accordance with a veterinary prescription that prescribes a medicating ingredient that is not set out in the Compendium of Medicating Ingredient Brochures for the species of livestock for which the feed is intended; or that is of a brand, level or compatibility or that has a caution statement or warning statement that differs from that set out in the Compendium of Medicating Ingredient Brochures in respect of that particular ingredient, for the species of livestock for which the feed is intended. (aliment médicamenté sur mesure) customer formula feed means a mixed feed that is manufactured by a feed manufacturer for feeding their livestock; or in accordance with a written order that is signed by a purchaser if the order states the name of each single ingredient feed, medicating ingredient set out in the Compendium of Medicating Ingredient Brochures or type of product set out in the Compendium of Non-Feed Products, and their respective amounts, to be used in the manufacture of that feed or to be added to other mixed feeds that conform to the standards prescribed in these Regulations, the feed does not contain a pest control product as defined in subsection 2(1) of the Pest Control Products Act, and the feed is not intended for resale. (aliment préparé selon la formule du client) disposed of in a safe manner means disposed of, other than by human or animal consumption, in a manner that does not present a risk of harm to human or animal health or the environment. (éliminer de façon sécuritaire) facilitating agent means a single ingredient feed in an amount not exceeding the amount set out in the Canadian Feed Ingredients Table or a specialty feed used according to its directions for use that is added to another feed for the purpose of improving or conserving some or all of the nutrient content or of aiding or improving the manufacturing or handling properties of that other feed. The use of a facilitating agent does not alter the purpose of any feed into which it has been mixed. (substance auxiliaire) holder of the approval means a person who has been provided with a written notice under subsection 9(1) confirming that approval of a feed that is manufactured by or for a government, academic or private research establishment for research or experimental purposes has been given. (titulaire de l’approbation) identification code means any combination of letters or figures or letters and figures by which a lot of feed can be traced during manufacture and distribution. (code d’identification) medicated feed means a mixed feed that contains a medicating ingredient. (aliment médicamenté) medicating ingredient means a drug for which a drug identification number is assigned under subsection C.01.014.2(1) of the Food and Drug Regulations or for which a letter of authorization for use in emergency treatment has been issued to a veterinarian under subsection C.08.010(1) of those Regulations and that is intended for use in the prevention or treatment of disease in livestock; or to affect the structure or any function of the body of the livestock. (substance médicatrice) micro-ingredient means any vitamin, micro-mineral, flavour ingredient, medicating ingredient and any type of product set out in the Compendium of Non-Feed Products that is required in small amounts typically measured in milligrams, micrograms, international units or parts per million. (micro-ingrédient) mineral feed means a mixed feed that is composed predominantly of mineral ingredients. (aliment minéral) mixed feed means a feed that contains at least two single ingredient feeds. (aliment mélangé) novel feed means a feed that is an organism, a part of an organism or a product of an organism, or that consists of parts or products of an organism, and that is not listed in the Canadian Feed Ingredients Table; or has a novel trait. (aliment nouveau) novel product of biotechnology means a product that is not listed in the Canadian Feed Ingredients Table and that is a product of biotechnology. (nouveau produit de la biotechnologie) novel trait, in respect of a feed that is an organism, a part of an organism or a product of an organism, or that consists of parts or products of an organism, means a characteristic of the feed that has been intentionally selected, created or introduced into the feed through a specific genetic change; and based on valid scientific rationale, is not substantially equivalent, in terms of its specific use and safety for human or animal health or the environment, to any characteristic of a similar feed that is listed in the Canadian Feed Ingredients Table. (caractère nouveau) novel viable organism means an organism that is alive or capable of sustaining life and that is not listed in the Canadian Feed Ingredients Table. (nouvel organisme viable) percentage or %, with respect to any product, means the percentage by mass of the product. (pourcentage ou %) poultry means chickens, turkeys, ducks and geese. (volaille) premix means a mixed feed that provides a significant source of nutrients and is a uniform mixture that may contain micro-ingredients, macro-minerals, facilitating agents, specialty feeds and carriers, and that is intended to be further diluted and mixed with other feeds to produce a mineral feed, another premix, a supplement or complete feed. (prémélange) President means the President of the Agency. (président) principal display panel means the part of the label applied to all or part of any side or surface of a feed or feed package that is displayed or visible under normal or customary conditions of sale or use. (espace principal) processing includes the use of a feed for the purpose of manufacturing another feed or the mixing of a feed with another feed. (transformation) registrant means a person who has been issued a registration certificate under section 11. (titulaire de l’enregistrement) ruminant means an animal of the suborder Ruminatiae and includes an animal of the family Camelidae. (ruminant) single ingredient feed means any substance or mixture of substances that has been approved for feeding to livestock and that is listed in the Canadian Feed Ingredients Table. (aliment à ingrédient unique) specialty feed means a mixed feed the purpose of which is to improve or facilitate the preservation of any feed with which it is mixed prior to feeding or during storage; the characteristics, qualities, flowability, pelleting or tracing of any feed with which it is mixed; ingredient dispersion or distribution in any feed with which it is mixed; ingestion, acceptability, nutrient utilization or digestion by livestock of any feed with which it is mixed; the quality or availability of nutrients in any feed with which it is mixed; the absorption of nutrients by livestock of any feed that is fed to it; the modification of characteristics of food of animal origin; or the mitigation of environmental impacts related to livestock production. (aliment spécialisé) supplement means a mixed feed that provides a significant source of nutrients in order to improve the nutritional value of the total diet and that is intended to be fed undiluted in addition to other feeds; offered on a free-choice basis with other feeds that are available separately; or further diluted and mixed to produce the total diet. (supplément) total diet means the ration consisting of all feeds, including roughage, that are offered daily to livestock. (ration totale) trace mineral salt feed means a mineral feed that is composed of salt and trace minerals. (complément d’oligo-éléments et de sel) veterinary prescription means an order prescribing a medicated feed issued by a veterinarian licensed to practice in the province in which the feed is to be fed to the livestock to be treated. (ordonnance du vétérinaire) warning statement means a statement concerning human health hazards. (mise en garde) Designated livestock For the purposes of the definition livestock in section 2 of the Act, the following animals that are domestically raised or kept are designated as livestock: cattle, sheep and goats; bison, water buffalo, cervids, llamas and alpacas; swine; poultry; ratites, pigeons, pheasants, partridges, quail, grouse, guinea fowl and pea fowl; horses and rabbits; bees; finfish intended for human consumption as food; and molluscs and crustaceans intended for human consumption as food. Documents incorporated by reference The following documents, prepared by the Agency and published on its website, and as amended from time to time, are incorporated by reference into these Regulations: Canadian Feed Ingredients Table; Compendium of Medicating Ingredient Brochures; Compendium of Non-Feed Products; Tables of Nutrient Guarantees and Conditions for Feed Labels; Tables of Permissible Claims for Feed Labels; List of Weed Seeds and Maximum Levels for Feeds; Tables of Maximum Nutrient Values for Feeds; Tables of Maximum Contaminant Levels for Feeds; and List of Prescribed Deleterious Substances. Inconsistency In the event of any inconsistency between a provision of these Regulations and a provision of any document incorporated by reference into these Regulations, that provision prevails to the extent of the inconsistency. Words and expressions For the purposes of interpreting any document prepared by the Agency that is incorporated by reference into these Regulations, words and expressions that are used but not defined in that document have the same meaning as in these Regulations. Exemptions from Act and Regulations The following feeds are exempt from the application of the Act and these Regulations: 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; a feed, other than a novel feed, if it is grown on a farm, it is sold by the grower, and 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; 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; 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, 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 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; 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; 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 the importer has provided to the Minister, before the feed is imported, the following information in respect of the feed: its name, a list of its ingredients, the address where it will be sent, the species and number of livestock for which it is intended, the quantity required to be sent to the imported livestock, the date on which it is to be imported and its port of entry into Canada, 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 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, any remaining feed is exported or disposed of in a safe manner, and 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 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 it is fed to livestock owned by or under the direct supervision of the establishment, and 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. Feed not exempted under paragraph (1)(g) 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: in respect of the feed, the registration requirement set out in subsection 6(1), the requirement to conform to the standards set out in sections 35 to 42, the packaging requirements set out in section 43, and the labelling requirements set out in sections 44 to 54; 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 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. Exemption — certain products or substances 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. Prescribed substances 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. Feeds that must be approved For the purposes of paragraph 3(1)(a) of the Act, the following feeds must be approved: any feed that has a novel trait; any feed, other than a mixed feed, that is not listed in the Canadian Feed Ingredients Table; 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 its purpose, its composition, including any hazard inherent in the feed, its structure, its nutritional quality or its physiological effects, its manufacturing process, and the species or class of livestock for which it is intended and instructions on how it is to be used; and 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). Exemption from approval Any feed that is not referred to in subsection (1) is exempt from approval. Feeds that must be registered For the purposes of paragraph 3(1)(a) of the Act and subject to subsections (2) and (3), all feeds must be registered. Exemption from registration The following feeds are exempt from registration: any mixed feed, other than a specialty feed or custom medicated feed, that is manufactured in Canada and that is not designed to be administered in water for drinking by livestock, a free-choice supplement, free-choice mineral feed or free-choice trace mineral salt feed that contains one or more medicating ingredients, or a feed that contains a pest control product as defined in subsection 2(1) of the Pest Control Products Act; 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); 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; any custom medicated feed manufactured in Canada if the sale of such feed is authorized under section C.08.012 of the Food and Drug Regulations, 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, the veterinary prescription contains information respecting the date on which the veterinary prescription is issued, 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, the name and level of each medicating ingredient in the feed, the type and amount of feed to be manufactured, the number, species, production type and age or weight of the livestock for which the feed is intended, any special manufacturing instructions, including any necessary facility clean-up warnings, 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 caution statements and warning statements, if applicable, and a copy of the veterinary prescription is in the possession of the manufacturer of the feed prior to the delivery of the feed; and any feed that is listed in Part 1 of the Canadian Feed Ingredients Table. Conditions The exemption of the feeds referred to in subsection (2) applies only if 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; the claims shown on the label are set out in the Tables of Permissible Claims for Feed Labels; and any information shown on the label of the feed does not appear in a language other than English or French. Application for approval or registration An application for approval or registration of a feed must be made to the Minister in a form approved by the President. Elements required Subject to subsections (4) and (5), the application must be accompanied by 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; 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; a description of the feed, including a list of ingredients; a description of the intended purpose of the feed; directions for use of the feed; the name and address of each location where the feed is manufactured; specifications, concerning, among other things, the usefulness, purity and quality of the feed and the homogeneity of the mix, and any component, the amount of which must be guaranteed in the feed; 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; 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); a description of the production methods, including details of the formulae used in manufacturing the feed, 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, the type and capacity of the equipment used in manufacturing the feed, and quality control procedures to assure mix uniformity and to prevent contamination of subsequent lots of feed manufactured in the same place; evidence, including the results of any scientific investigation, 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, demonstrating the efficacy of the feed when used for its intended purposes and according to its directions for use, demonstrating the stability of the feed under normal storage conditions, 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 supporting any claim on the label of the feed that is not set out in the Tables of Permissible Claims for Feed Labels; 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 a summary of all the elements provided in support of the application. Additional information — novel trait In the case of a feed with a novel trait, an application for approval must be accompanied by the following additional information: 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; 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; 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 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. Sample The Minister may require that a sample of the feed be provided in support of an application referred to under subsection (2) or (3). Information — research or experimental purposes 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: the name of the feed; the species of livestock for which it is intended and the number of livestock required to conduct the research; the quantity of feed required to conduct the research; 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; 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; 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, a description of the precautions and confinement measures to be taken with respect to the feed and livestock products, a monitoring plan to be applied for the duration of the project, and 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; 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); if it is an imported feed, the date of its importation and its port of entry into Canada; and Scientific investigation If any scientific investigation has been conducted under paragraphs (2)(k) or (3)(c), the applicant must provide the following information: the scientific research methods used; the statistical methods used to analyze the results of the investigation; the conditions under which the investigation was conducted; and the quality control and quality assurance measures taken in conducting the research and analysis. Approval or registration of feed Once an application for approval or registration of a feed under subsection 7(1) is evaluated, the Minister must approve or register the feed if the following requirements are met: the elements referred to in subsections 7(2) to (6), as applicable, have been provided to the Minister; the applicant has submitted to the Minister a label that complies with the requirements of these Regulations; and the feed is found to be in compliance with the Act and these Regulations. Evaluation of risk For the purposes of paragraph (1)(c), the Minister must evaluate the risk of harm presented by the feed to human or animal health or the environment, including whether the feed is toxic or capable of becoming toxic. Toxic feed A feed is toxic or capable of becoming toxic if it enters or may enter the environment in a quantity or concentration or under conditions that have or may have a harmful effect on the environment; constitute or may constitute a danger to the environment on which human or animal life depends; or constitute or may constitute a danger in Canada to human or animal life or health. Notice of refusal If the requirements set out in subsection (1) are not met, the Minister must notify the applicant in writing of the refusal to approve or register the feed and provide the reasons for the refusal. Notice of approval If a feed is approved by the Minister under section 8, a written notice confirming that approval has been given and specifying the purpose for which it is given must be provided to the applicant. Listing in Canadian Feed Ingredients Table If a feed is approved by the Minister, other than a feed that is manufactured by or for a government, academic or private research establishment for research or experimental purposes, the feed must be listed in the Canadian Feed Ingredients Table as a single ingredient feed and accompanied by a description; or if the feed is already listed in that Table, it must be accompanied by a new description. Registration resulting from approval If a feed is approved and listed in Part 2 of the Canadian Feed Ingredients Table, it must be registered under section 8. Cancellation Subject to subsections (2) to (5), the Minister may cancel the approval of a feed that is manufactured by or for a government, academic or private research establishment for research or experimental purposes if there are reasonable grounds to believe that, in respect of that feed, there has been a contravention of the Act or these Regulations. Factors In deciding whether to cancel an approval, the Minister must take into account the following factors: whether cancellation of the approval is necessary in order to respond to a risk of harm to human or animal health or the environment; whether cancellation of the approval is unnecessary because corrective action has been taken or is expected to be taken in a timely manner without risk of harm to human or animal health or the environment; and whether there have been contraventions of the Act or these Regulations in the past in respect of the feed. Conditions for cancellation The Minister may cancel an approval only if a written notice has been provided to the holder of the approval that sets out the grounds for the cancellation and the period within which corrective action must be taken in order to avoid the cancellation of the approval; and specifies that the holder of the approval must, within 30 calendar days after the date of mailing of the notice, notify the Minister in writing that they wish to have an opportunity to be heard respecting the cancellation. Notice of hearing Within 30 calendar days after the day on which the Minister receives the notice that the holder of the approval wishes to have an opportunity to be heard, the Minister must notify the holder of the approval in writing of the time and place of the hearing. Grounds for cancellation The Minister must not cancel the approval unless the holder of the approval has been provided with an opportunity to be heard in respect of the proposed cancellation; and the holder of the approval has failed to take corrective action in respect of the feed within the period set out by the Minister in the notice provided under paragraph (3)(a) or within any longer period that is granted by the Minister at the hearing. Notice of cancellation The Minister must notify the holder of the approval in writing of the cancellation of the approval and the date on which it takes effect. Assignment and issuance If a feed is registered by the Minister under section 8, a registration number must be assigned to that feed and a registration certificate must be issued to the applicant. Use of registration number It is prohibited for any person to use a registration number assigned to a feed unless they are the registrant of the feed. False registration number It is prohibited for any person to use a false registration number in respect of any feed. Expiration of registration A registration expires on the date indicated on the registration certificate. Surrender of certificate A registrant may surrender a registration certificate by submitting a written notice to the Minister; the registration becomes invalid as of the day on which the notice is received by the Minister. Cancellation of registration Subject to subsections (2) to (5), the Minister may cancel a registration in respect of a feed if there are reasonable grounds to believe that, in respect of that feed, there has been a contravention of the Act or these Regulations. In deciding whether to cancel a registration, the Minister must take into account the following factors: whether cancellation of the registration is necessary in order to respond to a risk of harm to human or animal health or the environment; whether cancellation of the registration is unnecessary because corrective action has been taken or is expected to be taken in a timely manner without risk of harm to human or animal health or the environment; and The Minister may cancel a registration only if a written notice has been provided to the registrant that sets out the grounds for the cancellation and the period within which corrective action must be taken in order to avoid the cancellation of the registration; and specifies that the registrant must, within 30 calendar days after the date of mailing of the notice, notify the Minister in writing that the registrant wishes to have an opportunity to be heard respecting the cancellation. Within 30 calendar days after the day on which the Minister receives the notice that the registrant wishes to have an opportunity to be heard, the Minister must notify the registrant in writing of the time and place of the hearing. The Minister must not cancel the registration unless the registrant has been provided with an opportunity to be heard in respect of the proposed cancellation; and the registrant has failed to take corrective action in respect of the feed within the period set out by the Minister in the notice provided under paragraph (3)(a) or within any longer period that is granted by the Minister at the hearing. The Minister must notify the registrant in writing of the cancellation of the registration and the date on which it takes effect. The registration certificate becomes invalid as of that day. Application for renewal or amendment Any application to renew or amend an approval or a registration must be made to the Minister in the same manner as an application for approval or for registration referred to in section 7 and is considered to be an application for approval or for registration for the purposes of these Regulations. No change in respect of a feed A holder of the approval or a registrant must not make a change in respect of an approved or registered feed unless the approval or registration of the feed has been amended by the Minister. Provision to Minister If, after approval or registration of a feed, a person becomes aware of any new information that the feed may present a risk of harm to human or animal health or the environment, the person must immediately provide the new information to the Minister. Evaluation and decision If, on the basis of the new information, the Minister determines, in re-evaluating the feed, that it does not present a risk of harm to human or animal health or the environment, the Minister must maintain the approval or registration of the feed; or that it presents a risk of harm to human or animal health or the environment, the Minister must in the case of a feed that has been approved, other than a feed that is manufactured by or for a government, academic or private research establishment for research or experimental purposes, amend the description of the feed in the Canadian Feed Ingredients Table to respond to the risk, or remove the feed from that Table, in which case the feed is no longer approved under subsection 8(1), in the case of a feed that has been approved for research or experimental purposes by or for a government, academic or private research establishment, cancel the approval in accordance with section 10, or in the case of a feed that has been registered, cancel the registration in accordance with section 15. Notice of amendment The Minister must give public notice of the determination under subparagraph (2)(b)(i) to amend the description of the feed in the Canadian Feed Ingredients Table or remove the feed from that Table and the date on which the amendment or removal takes effect. Section 3.1 of the Act — import for sale For the purposes of section 3.1 of the Act, a prescribed feed that has been imported for sale is any single ingredient feed or mixed feed other than a feed registered under section 8, and the prescribed activities that a person is prohibited from conducting in respect of that prescribed feed, unless the person is authorized to conduct that activity by a licence, are storing, processing, packaging, labelling and distributing. Section 3.1 of the Act — export and interprovincial trade For the purposes of section 3.1 of the Act, a prescribed feed that is to be exported or to be sent or conveyed from one province to another is any single ingredient feed or mixed feed other than a feed registered under section 8 or manufactured by a livestock producer and intended for feeding their livestock, and the prescribed activities that a person is prohibited from conducting in respect of that prescribed feed, unless the person is authorized to conduct that activity by a licence, are manufacturing, storing, processing, packaging, labelling and selling. Exception A licence is not required to conduct any prescribed activity referred to in subsection (2) if it is being conducted at a rendering plant operating under a permit issued under section 160 of the Health of Animals Regulations; or a grain elevator. Definition of grain elevator For the purposes of paragraph (3)(b), a grain elevator means any premises constructed for the purpose of handling and storing grain received directly from producers, other than as a part of the farming operation of a particular producer, and into which grain may be received, at which grain may be weighed, elevated and stored and out of which grain may be discharged. Subsection 5.2(1) of the Act — import for sale For the purposes of the issuing of a licence under subsection 5.2(1) of the Act, a prescribed feed that has been imported for sale is any single ingredient feed or mixed feed, and the prescribed activities in respect of that prescribed feed are storing, processing, packaging, labelling and distributing. Subsection 5.2(1) of the Act — export and interprovincial trade For the purposes of the issuing of a licence under subsection 5.2(1) of the Act, a prescribed feed that is to be exported or to be sent or conveyed from one province to another is any single ingredient feed or mixed feed, and the prescribed activities in respect of that prescribed feed are manufacturing, storing, processing, packaging, labelling and selling. Application An application for the issuance, renewal or amendment of a licence must be made to the Minister in a form approved by the President. The Minister may issue, renew or amend a licence if the information submitted in the application is complete, truthful and not misleading; and the conduct of the activity in respect of which the application is made does not present a risk of harm to human or animal health or the environment. Refusal The Minister may refuse to issue, renew or amend a licence if, in the five years before the day on which the application is made, the applicant has had a licence suspended or cancelled; or has been convicted of an offence committed under the Act or under any of the provisions of Parts I.1 or XIV of the Health of Animals Regulations. 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. 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. Amendment — inability to conduct activity 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 Minister must notify the licence holder in writing of any amendment to the licence and the date on which it takes effect. Expiry 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. Expiry — amendment If the Minister amends a licence, its expiry date remains unchanged. 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. Grounds for suspension The Minister may suspend a licence if 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 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. Conditions for suspension The Minister must not suspend a licence unless the licence holder 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 has failed to take corrective action within that period. Notice of suspension The Minister must notify the licence holder in writing of the suspension and the date on which it takes effect. Suspension — risk of harm 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 Minister must notify the licence holder in writing that their licence is suspended and that the suspension takes effect immediately. Duration of suspension The suspension of a licence must be lifted if the Minister determines that corrective action has been taken. The Minister may cancel a licence if 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 licence holder continues to conduct an activity that is identified in their licence while the licence is suspended; 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 has already been suspended for non-compliance with that provision, or has already been suspended twice; 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 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 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 Minister must notify the licence holder in writing of the cancellation and the date on which it takes effect. No risk of harm A feed must not present a risk of harm to human or animal health or the environment. Mixing of feed presenting a risk 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. Subsection (2) does not apply in the following circumstances: either the person referred to in subsection (2) makes a written request for authorization to mix the feed to the Minister, the request is accompanied by information respecting the risk and the measures that will be taken to mitigate the risk, 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 the Minister provides to the person a written authorization to mix the feed; or 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. Prohibited content A feed must not contain or present, as the case may be, weed seeds at a level 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 that could present a risk of harm to animal health or the environment; 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; mould or damage from heat or any other cause that would render it unfit for consumption by livestock, or cause it to present a risk of harm to human or animal health when fed in proportions commonly used; 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; proteins in any form derived in Canada 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 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; proteins in any form derived from the carcass of an animal other than a fish, crustacean, mollusc or insect, or 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; 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; a fat that is or may be derived from a ruminant and contains more than 0.15% insoluble impurities; any extraneous substance except in amounts that are unavoidable even if good manufacturing practices are followed; bacteria of the genus Salmonella that present a risk of harm to human or animal health; 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; a single ingredient feed that was formulated for a different species; 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 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. 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. Content A mixed feed may only contain 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; 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; pest control products registered under the Pest Control Products Act for the purpose of mixing with the feed; and 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. Premix or supplement — content A premix or supplement may contain medicating ingredients referred to in paragraph 37(b); pest control products referred to in paragraph 37(c); or product types referred to in paragraph 37(d). Mineral feed — content A mineral feed must contain at least 40% crude ash. Chop feed A chop feed must be obtained by grinding, chopping or crushing 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; Mixed Feed Oats described in the Canadian Feed Ingredients Table; or cereals grain screenings grade 1 or 2 or pulse grain screenings grade 1 or 2 described in the Canadian Feed Ingredients Table. 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. 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. Packaging requirements A package for a feed must be suitable for its intended use and appropriate for the feed; protect the feed against moisture, loss, damage, contamination and deterioration during normal handling, storing and conveying; be clean and in a sanitary condition in order to prevent, eliminate or reduce to an acceptable level any risk of contamination of the feed; be of sound construction; and not transmit any contaminant to the feed. Location of label Any feed that is manufactured, sold or imported must have a label affixed to it or to a package containing it or, if the feed is shipped in bulk, attached to, included in or belonging to any document, including the invoice, shipping bill or statement of account accompanying the shipment. Feed shipped in bulk If the feed referred to in subsection (1) is shipped in bulk, the label may be provided in electronic form. Subsections (1) and (2) do not apply to a customer formula feed if the feed is manufactured by a feed manufacturer for feeding to their livestock. Content of label Subject to subsection (4), the label referred to in subsections 44(1) and (2) must contain the name of the feed, in compliance with sections 50 and 51; the name and address of the person who manufactured the feed, or caused it to be manufactured, or, if any, the registrant; an identification code; the net amount of the feed expressed as the mass or volume in the package or shipment, or in the case of a package of feed containing feed that is in the form of individual servings, expressed as the number of units in a package and the mass or volume for each unit; a statement of the guaranteed analysis made in accordance with subsection 52(1) and, if applicable, subsection 52(2); directions for use, including details to permit the safe and effective use of the feed for its intended purpose by users with no specialized knowledge of the purpose and use of the feed, and 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, an indication that adequate water must be provided to the animal, and in the case of a custom medicated feed, the prescribed period of medication, as indicated on the veterinary prescription; if the feed is registered, the registration number; if the feed contains a product type set out in the Compendium of Non-Feed Products, the following information as set out in that Compendium in respect of each product type present in the feed: the approved brand for, and actual amount of, the product type, the approved claim for the species of livestock for which the feed is intended, when the product type is used at the level indicated in the Compendium for that claim, any warning statement applicable to the product type and, in the case of a feed that contains more than one product type with a warning statement that contains a withdrawal time, the warning statement containing the longest withdrawal time, immediately after the headings “Warning” and “Mise en garde” and clearly separated from other information shown on the label, any caution statement applicable to the product type, immediately after the headings “Caution” and “Précaution” and clearly separated from other information shown on the label, any directions for use, and any other information that must be added as a note; and if the feed contains prohibited material as defined in subsection 162(1) of the Health of Animals Regulations, the following statement, clearly separated from other information shown on the label: “Feeding this product to cattle, sheep, deer or other ruminants is illegal and is subject to fines or other punishment under the Health of Animals Act. / Il est interdit d’en nourrir les bœufs, moutons, cerfs et autres ruminants et des amendes ou autres peines sont prévues à cet égard par la Loi sur la santé des animaux.”. Additional information The label referred to in subsections 44(1) and (2) must also contain in the case of a single ingredient feed, any statement, including any caution statement or warning statement, set out for that feed in the Canadian Feed Ingredients Table; in the case of a mixed feed, the name of each single ingredient feed used in the feed or, except in the case of a feed that is registered and is labelled with a claim that is not set out in the Tables of Permissible Claims for Feed Labels, the following statement: “A list of the ingredients used in this feed may be obtained from the manufacturer or the registrant.”, or “La liste des ingrédients de cet aliment peut être obtenue du fabricant ou du titulaire de l’enregistrement.”, any caution statement or warning statement set out in the Canadian Feed Ingredients Table or on the label of a registered single ingredient feed in respect of each single ingredient feed used in the formulation of that feed, and any caution statement or warning statement set out on the label of a registered mixed feed used in the formulation of that feed; in the case of a medicated feed, other than a custom medicated feed, the following information as set out in the Compendium of Medicating Ingredient Brochures for each medicating ingredient present in the feed: the name and actual amount of the medicating ingredient, immediately after the feed name, the approved claim for the species of livestock for which the feed is intended, when the medicating ingredient is used at the level indicated in the Compendium for that claim, any warning statement applicable to the medicating ingredient and, in the case of a feed that contains more than one medicating ingredient with a warning statement that contains a withdrawal time, the warning statement containing the longest withdrawal time, immediately after the headings “Warning” and “Mise en garde” and clearly separated from other information shown on the label, any caution statement applicable to the medicating ingredient, immediately after the headings “Caution” and “Précaution” and clearly separated from other information shown on the label, any statement on the prudent use of the medicating ingredient, in the case of a custom medicated feed, the name of the person for whom the feed was manufactured, the name of the veterinarian who issued the veterinary prescription, immediately after the feed name, the name and actual amount of each medicating ingredient present in the feed, and any applicable caution statement or warning statement indicated on the veterinary prescription in respect of each medicating ingredient present in the feed, immediately after the headings “Warning” and “Mise en garde” or “Caution” and “Précaution”, as the case may be, and clearly separated from other information shown on the label. Feed manufactured in another country If a feed that is manufactured in a foreign state bears a label that shows the name and principal place of business of the person in Canada for whom the feed was manufactured for resale, the name and principal place of business of that person must be preceded by the words “imported by” or “importé par” or by the words “imported for” or “importé pour”, unless the geographic origin of the product is stated on the label. Customer formula feed In the case of a customer formula feed, the label referred to in subsections 44(1) and (2) must contain if the feed does not contain a medicating ingredient, the information referred to in paragraphs (1)(a), (c), (d), (f), (h) and (i) and subparagraphs (2)(b)(ii) and (iii), the name and address of the person who manufactured the feed, the name of the supplier of the formula; and if it contains a medicating ingredient, the information referred to in paragraphs (1)(a) to (d), (f), (h) and (i), subparagraphs (2)(b)(ii) and (iii) and paragraph (2)(c), and the name of the supplier of the formula. Request for list of ingredients If the name of each single ingredient feed used in a mixed feed is not contained on the label under subparagraph 45(2)(b)(i), any purchaser may, within two years after the day on which the mixed feed is manufactured, make a written request to the manufacturer or registrant to obtain the name of each single ingredient feed used in that feed. Provision of information The manufacturer or registrant must provide in writing the information referred to in subsection (1) within five business days of the day on which the request is received. Restrictions — information, guarantees and claims A label must not contain any information or guarantees which do not fully describe the usefulness of the feed; any information or mark that would tend to deceive or mislead a purchaser, including any expression, word, figure, depiction or symbol that may reasonably be considered to imply that a feed contains any substance that it does not in fact contain or that it does not contain any substance that it does in fact contain; or any claim about the feed, unless it is set out in column 2 of the Tables of Permissible Claims for Feed Labels and the conditions set out in columns 3 and 4 of those Tables are met for the types of claims set out in column 1 of those Tables, or it has been evaluated for the purpose of approving or registering the feed and has, based on the evidence provided with the application, been found to be satisfactory. Language of label — information required The information required to be shown on the label of a feed must be printed conspicuously, legibly and indelibly in English or French or both languages, except the following information, which must be shown in both English and French: in the case of a medicated feed, other than a custom medicated feed, the information referred to in paragraphs 45(1)(f) and (2)(c); and in the case of any other feed for which a caution statement or warning statement is required to be shown on the label, that caution statement or warning statement. Language of label — optional information Any optional information printed on the label that is provided to prevent any risk of harm to animal or human health or the environment, including any caution statement or warning statement that is useful to the purchaser of the feed or any information that is included in the preventive control plan under paragraph 59(1)(a), must be printed in both English and French. Placement of information on label Subject to subsection (2), any information required to be shown on a label must appear on the principal display panel, except for the identification code which may appear anywhere on the label as long as it is clearly indicated. The directions for use, guaranteed analysis statement and list of ingredients may be provided on an insert that is enclosed in, or attached to, the package, if there is a reference on the principal display panel to where that information is located. Presentation of information on label A label must not contain any variation in the character, size, colour or placement of the printing that obscures or emphasizes any part of the information required to be shown on the label unless such variation is to draw attention to the caution statements or warning statements required to be shown on the label. Suitable name The name of a feed required to be shown on the label of a feed must not tend to deceive or mislead a purchaser. Purpose A mixed feed must have as part of its name the purpose for which it is intended. Species and class A mixed feed must have as part of its name each species and class of livestock for which it is intended, unless the feed is formulated for all species or classes of livestock, in which case it may have as part of its name the word “livestock” or the words “animaux de ferme”. Identical names If the name of a mixed feed is identical to that of another feed of the same manufacturer but is different in terms of its guaranteed level of protein, the brand of the feed must be different from the brand of the other feed or the percentage of protein content must form part of the name of each feed. Premix If a feed is a premix, the word “premix” or “prémélange” must form part of the name of the feed. Supplement If a feed is a supplement, the word “supplement” or “supplément” must form part of the name of the feed. If a feed is a customer formula feed, the words “customer formula” or “formule du client” must form part of the name of the feed. Single ingredient feed If a feed is a single ingredient feed, the name of the feed must be one of the names approved and set out for that ingredient in the Canadian Feed Ingredients Table. Mandatory guarantee The guaranteed analysis statement required to be shown on the label of a feed must include in the case of a single ingredient feed, any guarantee that is set out in the Canadian Feed Ingredients Table for that feed; and in the case of a mixed feed, the guarantees that are set out in column 2 of Table 1 of the Tables of Nutrient Guarantees and Conditions for Feed Labels for that feed. Optional guarantee In the case of a mixed feed, the guaranteed analysis statement may also include a guarantee, in addition to the guarantees referred to in paragraph (1)(b), if the guarantee is set out in column 1 of Table 2 of the Tables of Nutrient Guarantees and Conditions for Feed Labels in accordance with the particulars set out in columns 2 to 4 of that Table for that guarantee; or has been evaluated for the purpose of registering the feed and has, based on the evidence provided with the application, been found to be satisfactory in that it conveys useful information to the purchaser of the feed. Individual serving In the case of a mixed feed that is in the form of an individual serving, the guaranteed analysis statement referred to in section 52 may include an indication of the amount per individual serving of each guaranteed nutrient. Moisture content For the purposes of subsection (1) and section 52, and unless otherwise specified on the label, the guaranteed analysis statement must be based on the feed as fed and take into account its maximum moisture content. International system of units Subject to subsection (2), all units of measurement shown on a label of a feed must be expressed in units based on the international system of units in accordance with the Weights and Measures Act. Other units of measurement Units of measurement from other systems may also be shown on a label if the quantities expressed in other units of measurement are equivalent to the quantities expressed in units based on the international system of units. The following definitions apply in this section and sections 56 to 60. acceptable level means a level of a biological, chemical or physical hazard that does not present a risk of contamination of a feed. (niveau acceptable) control measure means a measure that can be applied to prevent or eliminate any biological, chemical or physical hazard that presents a risk of contamination of a feed or to reduce the hazard to an acceptable level. (mesure de contrôle) critical control point means a step at which the application of a control measure is essential to prevent or eliminate any biological, chemical or physical hazard that presents a risk of contamination of a feed or to reduce the hazard to an acceptable level. (point de contrôle critique) equipment means equipment, in a facility, that is used in connection with an activity that is regulated under the Act. (équipement) facility means a location, excluding a conveyance, where a feed is manufactured, stored, packaged, labelled or sold. (installation) Identification and analysis of hazards A person who manufactures, stores, packages, labels, sells or exports a feed must identify the biological, chemical and physical hazards that are present in that feed and analyze those hazards to determine whether they present a risk of contamination of that feed. Control of hazards The person must prevent, eliminate or reduce to an acceptable level the hazards identified as being present in the feed by using control measures that are shown by evidence to be effective, including any treatment or process that is necessary for the feed to comply with section 35. In identifying and analyzing the hazards referred to in subsection (1), the person must consider the effect of any factor relevant to the safety of the feed, including the formulation of the feed; the ingredients of the feed, including raw materials; the level of any inherent contaminant in the feed; the procedures for manufacturing, processing, packaging and labelling the feed; the storage and distribution of the feed; transportation practices; the intended or reasonably foreseeable use of the feed; the condition, function, design and sanitation of the facility and equipment; employee hygiene; and meteorological conditions. Preparing, keeping and maintaining A person who manufactures, stores, packages, labels, sells or exports a feed must prepare, keep and maintain a written preventive control plan that meets the requirements set out in section 59 for any of those activities. Despite subsection (1), a preventive control plan is not required to be prepared, kept or maintained for any activity conducted by that person in respect of a feed that is a cultivated farm crop that is unprocessed and will be manufactured, processed or treated for use as a grain, oil, pulse or sugar; and has a label applied or attached to it that bears the words “For Further Preparation Only” or “pour conditionnement ultérieur seulement”. Implementation Any person that is required to prepare, keep and maintain a preventive control plan must implement that plan. Content — hazards The preventive control plan must include the following information: a description of the biological, chemical and physical hazards that are identified under section 56 as presenting a risk of contamination of a feed, the control measures for preventing or eliminating those hazards or reducing them to an acceptable level, and the evidence that shows that the control measures are effective; a description of any critical control point, including, for each, the related control measures and the evidence that shows that the control measures are effective, a description of the critical limits, the procedures for monitoring the critical control points in relation to their critical limits, and the corrective action procedures; and the procedures for verifying that the implementation of the preventive control plan results in compliance with the provisions of the Act and these Regulations. Content — measures to be taken The preventive control plan must describe the measures that will be taken to ensure that the cleaning and sanitation of a facility and of any equipment are conducted in a manner that does not present a risk of contamination of a feed; a facility is protected against the entry of any animal that presents a risk of contamination of a feed and that the measures do not present a risk of contamination of that feed; no substance in a facility presents a risk of contamination of a feed and no substance is handled or used in a manner that presents such a risk; any sanitizer or non-feed chemical or biological agent in a facility is properly and clearly identified, is suitable for its intended use, and is handled and used in accordance with the manufacturer’s instructions; any agronomic input, pet food or veterinary drug in a facility is properly and clearly identified; any conveyance that is used to manufacture or convey a feed to or from a facility and that is unloaded or loaded at the facility is designed, constructed, used and maintained to prevent, eliminate or reduce to an acceptable level any risk of contamination of the feed, is constructed of, and maintained using, materials that are suitable for their intended use and do not present a risk of contamination of the feed, is equipped with instruments to control, indicate and record any parameters that are necessary to prevent, eliminate or reduce to an acceptable level any risk of contamination of the feed, functions as intended, is accessible for cleaning, sanitizing, maintenance and inspection, is of sound construction and in good repair, if necessary, is calibrated in accordance with the manufacturer’s instructions, does not contain or has not contained any animal, any pest control product as defined in subsection 2(1) of the Pest Control Products Act or any other material or substance that presents a risk of contamination of the feed unless the conveyance is adequately sanitized, and is clean and in a sanitary condition to prevent, eliminate or reduce to an acceptable level any risk of contamination of the feed; any equipment that is used in the manufacturing, storing, packaging or labelling of a feed meets the requirements set out in subparagraphs (f)(i) to (vii), and is appropriate for the feed and for the activity being conducted; any equipment or conveyance in a facility that is used to handle contaminated materials, waste or any other thing that is not intended for a feed, unless that equipment or conveyance does not come into contact with those materials, that waste or those things, is used only for that purpose and identified as being reserved for that purpose, or meets the applicable requirements set out in paragraph (g); any risk is prevented, eliminated or reduced to an acceptable level for any land that forms part of a facility and that presents a risk of contamination of a feed, and any facility located near any place or thing that presents a risk of contamination of a feed; the interior of a facility is designed to minimize the accumulation of materials that present a risk of contamination of a feed and to permit effective maintenance, cleaning and, if applicable, sanitizing, designed, constructed and maintained in such a manner that it does not present a risk of contamination of a feed, including the size and layout are adequate to accommodate the activity being conducted and the equipment used in the activity, the entry of insects, rodents and other vermin is minimized, and any floors, walls, ceilings, windows and doors are smooth, non-absorbent and impervious to moisture, except if those floors, walls, ceilings, windows or doors do not present a risk of contamination of a feed, constructed of, and maintained using, materials that are suitable for their intended use and appropriate for the feed and for the activity being conducted, and of sound construction and in good repair; a facility or conveyance where a feed is manufactured, stored, packaged or labelled is designed, constructed and maintained in such a manner that the movement of persons and things within, into and out of it is controlled; the movement of persons and things referred to in paragraph (k) does not present a risk of contamination of a feed; physical or other effective means are used to separate incompatible activities in order to prevent contamination of a feed; physical or other effective means are used to separate a feed from anything that presents a risk of contamination of the feed, any feed that does not meet the requirements of the Act or these Regulations, and anything that is manufactured, stored, packaged or labelled in a facility and not intended or sold for use as a feed; any feed that does not meet the requirements of the Act or these Regulations is identified as such and placed in a designated area when it arrives at a facility; the feed referred to in paragraph (o) does not contaminate any other feed that is in the facility; a facility has means for the removal and disposal of contaminated materials and waste and, if necessary to prevent contamination of a feed, is equipped with a drainage, sewage and plumbing system that functions as intended; contaminated materials and waste are removed and disposed of at a frequency that is sufficient to prevent contamination of a feed and in a manner that does not present a risk of contamination of the feed; any water that might come into contact with a feed must not present a risk of contamination of that feed; any steam or ice that might come into contact with a feed must not present a risk of contamination of the feed; any system that supplies water is not cross-connected with any other system, unless measures are taken to prevent, eliminate or reduce to an acceptable level any risk of contamination of a feed as a result of the cross-connection; any treatment of water, steam or ice is conducted in a manner that does not present a risk of contamination of a feed; any unloading and loading of a feed from or onto a conveyance at a facility is conducted in a manner that does not present a risk of contamination of the feed; any storing of a feed is conducted in a manner that does not present a risk of contamination of the feed; any storing of conveyances, equipment, sanitizers, agronomic inputs, veterinary drugs, chemical agents, packaging materials, labels or any other thing that is used in the manufacturing, storing, packaging or labelling of a feed is conducted in a manner that does not present a risk of contamination of the feed; any person who is involved in the manufacturing, storing, packaging or labelling of a feed has the competencies and qualifications that are necessary to carry out their duties; any person who enters or is in an area where a feed is manufactured, stored, packaged or labelled wears clothing, footwear and protective coverings that will prevent, eliminate or reduce to an acceptable level any risk of contamination of the feed; and a facility and any equipment are clean and in a sanitary condition to prevent, eliminate or reduce to an acceptable level any risk of contamination of the feed. Content — other requirements The preventive control plan must include a description of the measures for ensuring that the applicable requirements set out in sections 34 to 54, 61 to 64, 69 and 71 are met. Retention period — documents Any person that is required to prepare, keep and maintain a written preventive control plan must keep 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 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 — risk of harm 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. Notification 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. Complaints — procedure 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. Complaints — implementation 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. Recall procedure 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. Recall — implementation If a feed is recalled because it presents a risk of harm to human or animal health or the environment, the person must immediately implement the recall procedure; and 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. Mixed feed 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. Customer formula feed or custom medicated feed If the feed is a customer formula feed or custom medicated feed, the person who manufactures that feed must have in their possession during the manufacture of that feed, a copy of the mix formula and a copy of either the written order that is signed by the purchaser or of the veterinary prescription under which the feed is manufactured; and keep the copy of the mix formula and either the written order or the prescription for a period of two years after the last day of manufacture of that feed. 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. Information 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: their name and address; the name and address of the person from whom the feed is received; the name of the country of origin; the address of the first destination of the feed in Canada; and a description of the feed, including its name and quantity. 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. Further inspection 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. Same level of protection 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. Non-compliant feed 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 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 feed is intended to be stored, processed, packaged or labelled for the purpose of exporting it; and the activities referred to in paragraph (b) are conducted by the holder of a licence issued under section 5.2 of the Act. 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 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 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. Exceptions 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 is specified on the Domestic Substances List maintained by the Minister of the Environment under the Canadian Environmental Protection Act, 1999; is approved under an Act of Parliament that is listed in Schedule 2 or 4 of the Canadian Environmental Protection Act, 1999; is included in 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 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 is specified on the List of Permitted Supplemental Ingredients as defined in subsection B.01.001(1) of the Food and Drug Regulations, the List of Veterinary Health Products referred to in the definitionList C in subsection C.01.001(1) of the Food and Drug Regulations, the List of Permitted Anticaking Agents, the List of Permitted Emulsifying, Gelling, Stabilizing or Thickening Agents, the List of Permitted Firming Agents, the List of Permitted Flour Treatment Agents, the List of Permitted Food Additives with Other Purposes of Use, the List of Permitted Food Enzymes, the List of Permitted Preservatives or the List of Permitted Yeast Foods, referred to in the definition Lists of Permitted Food Additives in subsection B.01.001(1) of the Food and Drug Regulations. [Repealed, SOR/2024-244, s. 170] Export certificate or document 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. Conditions for issuance 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. Inspection before export 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. Documents 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: its identification code; the name and address of the person who manufactured the feed or caused it to be manufactured; the date on which the feed was provided and the name and address of the person to whom it was provided; 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 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. Identification code Despite paragraph (1)(b), the documents are not required to contain the identification code in the case of a feed sold at retail. Subsection (1) does not apply to complete feeds and supplements in packages of 25 kilograms or less intended for horses; and treats intended for any livestock species. Retention period of documents 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. Request for documents If the Minister believes on reasonable grounds that a feed presents a risk of harm to human or animal health or the environment, any person that is required to prepare, keep and maintain documents must, at the Minister’s request, provide the Minister with any document referred to in subsection 71(1), or any part of such a document. Production of documents The person must provide the documents within 24 hours after receipt of the request, or within any shorter period that is specified by the Minister, if the Minister believes that it is necessary in order to identify or respond to a risk of harm to human or animal health or to the environment associated with the feed, or any longer period that is specified by the Minister, if the Minister believes that the document is not necessary for a recall that is or may be ordered under subsection 19(1) of the Canadian Food Inspection Agency Act. Document provided electronically If the document is provided electronically, it must be in a single file and in text that is capable of being imported into and manipulated by standard commercial software. Requirements A sample of feed taken by an inspector for analysis must be representative of the lot of feed from which it is taken and be of sufficient size to be satisfactory for analytical purposes. Packaged feed — more than 5 kg If the feed to be analyzed is in packages of more than 5 kg, samples approximately equal in size must be taken from not fewer than 10 separate packages of the feed or, if the lot contains fewer than 10 packages, samples approximately equal in size must be taken from each of the packages. Packaged feed — 5 kg or less If the feed to be analyzed is in packages of 5 kg or less, one unbroken package may constitute a sample. Damaged feed If a portion of the feed that is to be analyzed appears mouldy or otherwise damaged in a manner to affect its suitability for feeding purposes, separate samples may be taken of the undamaged portion and the damaged portion. Bulk feed If the feed to be analyzed is in bulk, samples of approximately equal size must be taken from not fewer than 10 separate sections of that bulk feed. Nutrient guarantees The tolerance limits set out in column 3 of Schedule 1 must be applied to the nutrient guarantees and compared to the analyst’s results of the analysis for the purpose of determining the accuracy of the guaranteed analysis shown on the label under paragraph 45(1)(e) for the nutrients set out in column 1. Medicating ingredient guarantee The tolerance limits set out in column 2 of Schedule 2 must be applied to the medicating ingredient guarantee and compared to the analyst’s results of the analysis for the purpose of determining the accuracy of the guaranteed amount shown on the label under subparagraphs 45(2)(c)(i) and (d)(iii) for a medicating ingredient set out in column 1 that is present in a feed. Detention tag Any article seized under section 9 of the Act may be detained by an inspector at any place by attaching a detention tag to the article or to any part of it. Notice of detention If an article is detained, an inspector must provide a notice of detention to its owner or to the person in possession of it. Prohibition It is prohibited for a person to alter or remove a detention tag or to sell or move any detained article unless an inspector gives written authorization to the person to do so. Notice of release If an article is released under subsection 9(2) of the Act, an inspector must provide a notice of release to the person to whom the notice of detention was provided. Forfeited articles Any article forfeited under subsection 9(3) or 9.1(3) of the Act must be disposed of in the following manner: in the case of a feed that is fit for feeding to livestock, it must be sold and the proceeds deposited to the credit of the Receiver General, or donated to a registered charity within the meaning of subsection 248(1) of the Income Tax Act; in the case of a feed that is not fit for feeding to livestock, it must be disposed of in a safe manner; and in the case of an article other than a feed, it must be sold and the proceeds deposited to the credit of the Receiver General. Definition of former Regulations For the purposes of sections 77 to 83, former Regulations means the Feeds Regulations, 1983 as they read immediately before the day on which this section comes into force. Exemption — paragraph 3(b) of former Regulations Paragraph 3(b) of the former Regulations continues to apply for the 18-month period that begins on the day on which this section comes into force. Exemption — paragraph 3(c.1) of former Regulations Paragraph 3(c.1) of the former Regulations continues to apply on or after the day on which this section comes into force provided that the importer of the feed complies with the requirements of that paragraph, before the day on which this section comes into force. Notification of release If, before the day on which this section comes into force, a notification for an authorization for the release of a novel feed has been provided to the Minister under paragraph 4.1(1)(a) of the former Regulations, accompanied by the undertaking referred to in paragraph 4.1(1)(b) of the former Regulations and the information set out in section 4.2 of the former Regulations, and the Minister has not made a decision under subsection 4.3(1) of the former Regulations, the Minister must approve the feed under section 8 if the requirements set out in paragraphs 8(1)(b) and (c) are met. If the requirements set out in paragraphs 8(1)(b) and (c) are not met, the Minister must provide written notice of the refusal to approve the feed to the person providing the notification and provide the reasons for the decision. New information — release If, at any time after receiving authorization from the Minister for the release of a novel feed under paragraph 4.3(1)(a) of the former Regulations, a person becomes aware of any new information that the feed may present a risk of harm to human or animal health or the environment, the person must make an application for approval for that feed in accordance with section 7. Pending application to register a feed Every application to register a feed made to the Director in accordance with section 6 of the former Regulations that is pending on the day on which this section comes into force must be dealt with in accordance with the former Regulations. Validity of registration certificate A registration certificate issued under section 9 of the former Regulations that is valid immediately before the day on which this section comes into force is deemed to have been issued under section 11 of these Regulations. Cancellation of registration certificate Section 12 of the former Regulations continues to apply in respect of a registration certificate on or after the day on which this section comes into force if, before that day, the Minister has sent the notice referred to in subsection 12(2) of the former Regulations to the registrant by registered mail. Retention of documents — manufacture before coming into force Subsections 15(1) and (4) of the former Regulations continue to apply in respect of any of the feeds referred to in those subsections if they were manufactured before the day on which this section comes into force. Retention of documents — manufacture on or after coming into force Section 64 applies in respect of any of the feeds referred to in that section only if they are manufactured on or after the day on which this section comes into force. [Repealed, SOR/2024-132, s. 83.1] [Amendments] The Feeds Regulations, 19833 are repealed. SOR/83-593 S.C. 2015, c. 2 Subject to subsections (2) and (3), these Regulations come into force on the day on which subsection 53(1) of the Agricultural Growth Act comes into force, but if they are registered after that day, they come into force on the day on which they are registered. [Note: Subject to subsections (2) and (3), these Regulations come into force on June 17, 2024, see SI/2024-26.] 18th month — S.C. 2015, c. 2 Paragraphs 1(2)(b), (e), (g) and (i) and 3(2)(b) and sections 18 to 33, 68 and 70 come into force on the day that, in the 18th month after the month in which subsection 53(1) of the Agricultural Growth Act comes into force, has the same calendar number as the day on which that subsection comes into force or, if that 18th month has no day with that number, the last day of that 18th month. First anniversary — S.C. 2015, c. 2 Subparagraph 3(2)(a)(iii), paragraph 3(2)(c), section 43, subsection 48(2) and sections 55 to 60, 62, 63, 65 to 67, 71,72 and 83.1 come into force on the first anniversary of the day on which subsection 53(1) of the Agricultural Growth Act comes into force. 1% and under Over 1% 5% and under Over 5% 24% and under Over 24% Over 5% and up to and including 25% Over 25% Over 5% and up to and including 15% Over 15%