SOR-2024-132 Feeds Regulations, 2024

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)

for feeding their livestock; or

in accordance with a written order that is signed by a purchaser if

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)

is not listed in the Canadian Feed Ingredients Table; or

has a novel trait. (aliment nouveau)

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)

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)

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)

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.

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.

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

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,

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

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

in respect of the feed,

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.

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

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).

any mixed feed, other than a specialty feed or custom medicated feed, that is manufactured in Canada and that is not

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

any feed that is listed in Part 1 of the Canadian Feed Ingredients Table.

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.

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 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

evidence, including the results of any scientific investigation,

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.

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.

the name of the feed;

a description of the feed, including a list of ingredients;

a description of the intended purpose 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,

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

a summary of all the elements provided in support of the application.

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.

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.

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.

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.

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.

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.

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.

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

whether there have been contraventions of the Act or these Regulations in the past in respect of the feed.

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.

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.

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

a rendering plant operating under a permit issued under section 160 of the Health of Animals Regulations; or

a grain elevator.

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.

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.

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.

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.

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

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.

either

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.

weed seeds at a level

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

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

proteins in any form derived from the carcass of an animal other than

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.

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.

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).

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.

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.

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

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

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:

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:

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,

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:

in the case of a custom medicated feed,

if the feed does not contain a medicating ingredient,

if it contains a medicating ingredient,

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

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.

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.

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.

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.

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”.

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 procedures for verifying that the implementation of the preventive control plan results in compliance with the provisions of the Act and these Regulations.

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

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

any equipment that is used in the manufacturing, storing, packaging or labelling of a feed

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,

any risk is prevented, eliminated or reduced to an acceptable level for

the interior of a facility is

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

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.

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.

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.

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.

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.

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.

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.

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

is specified on

the name of the feed;

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.

complete feeds and supplements in packages of 25 kilograms or less intended for horses; and

treats intended for any livestock species.

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.

in the case of a feed that is fit for feeding to livestock, it must be

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.