Feeds Regulations, 2024 (SOR/2024-132)

Marginal note:Complaints — procedure

• 62 (1) Any person that manufactures, stores, packages, labels, sells or exports a feed must prepare, keep and maintain a document that sets out a procedure for receiving, investigating and responding to complaints regarding the feed.

• Marginal note:Complaints — implementation

  (2) On receipt of a complaint, the person must implement the procedure, prepare a document that sets out the details of the complaint, the results of the investigation and the actions taken based on those results and keep the document for two years after the day on which the actions are completed.

Marginal note:Recall procedure

• 63 (1) Any person that manufactures, stores, packages, labels, sells or exports a feed must prepare, keep and maintain a document that sets out a recall procedure that enables the effective recall of the feed, the name of a contact person who is responsible for the procedure and the name of a contact person who is responsible for conducting recalls.

• Marginal note:Recall — implementation

  (2) If a feed is recalled because it presents a risk of harm to human or animal health or the environment, the person must

  • (a) immediately implement the recall procedure; and

  • (b) prepare a document that sets out the details of the recall, including any information that substantiates its effectiveness, and keep the document for two years after the day on which the recall is initiated.

Requirements Specific to Certain Activities

Manufacture of Feeds

Marginal note:Mixed feed

• 64 (1) Any person that manufactures a mixed feed must keep a copy of the mix sheet for a period of two years after the day of manufacture of each lot as well as a copy of the mix formula for a period of two years after the last day of manufacture of that feed.

• Marginal note:Customer formula feed or custom medicated feed

  (2) If the feed is a customer formula feed or custom medicated feed, the person who manufactures that feed must

  • (a) 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

  • (b) 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.

• Marginal note:Single ingredient feed

  (3) Any person that manufactures a single ingredient feed must keep a document containing the name of the feed, its identification code, its date of manufacture and the quantity manufactured for a period of two years after the day of manufacture of each lot of the feed, and keep a copy of any mix formula for a period of two years after the last day of manufacture of the feed.

Import of Feeds

Marginal note:Information

• 65 (1) Any person that imports a feed must, before or at the time of the import, provide to the Minister, in a form approved by the President, the following information:

  • (a) their name and address;

  • (b) the name and address of the person from whom the feed is received;

  • (c) the name of the country of origin;

  • (d) the address of the first destination of the feed in Canada; and

  • (e) a description of the feed, including its name and quantity.

• Marginal note:Exception

  (2) Despite subsection (1), the Minister may authorize the person who imports the feed, at their written request, to provide the information after the time of import, at the time specified by the Minister.

Marginal note:Further inspection

66 If, during an inspection that is conducted at the time of the import of a feed, the inspector determines that a further inspection is required, the person who imports the feed must keep it at the address referred to in paragraph 65(1)(d) until the further inspection is completed.

Marginal note:Same level of protection

67 The person who imports a feed must demonstrate that the feed imported has been manufactured, stored, packaged and labelled in a manner and under conditions that provide at least the same level of protection as that provided by subsections 56(1) and (2) and sections 59 to 63.

Manufacture or Sale for Export or Export of Feeds

Marginal note:Non-compliant feed

• 69 (1) Subject to subsection (2), any person may manufacture or sell a feed that is intended to be exported and that does not meet any of the requirements set out in sections 5 and 6 and 34 to 54 if a label that bears the word “Export” or “exportation” is applied or attached to the feed or accompanies it and if

  • (a) in the case where the foreign state to which the feed is exported has a different requirement on the same matter as the unmet requirement, the person prepares a document that substantiates that the foreign state’s requirement has been met; or

  • (b) in the case where the foreign state to which the feed is exported has no requirement on the same matter as the unmet requirement, the person prepares a document that sets out the specifications for the unmet requirement as stipulated by the person in the foreign state for whom the exported feed is intended.

• Marginal note:Exceptions

  (2) Subsection (1) does not apply if the feed that is intended to be exported is or contains an ingredient that is a novel viable organism, a feed with a novel trait or a feed that includes a novel product of biotechnology manufactured in Canada unless it is a substance or a living organism that

  • (a) is specified on the Domestic Substances List maintained by the Minister of the Environment under the Canadian Environmental Protection Act, 1999;

  • (b) is approved under an Act of Parliament that is listed in Schedule 2 or 4 of the Canadian Environmental Protection Act, 1999;

  • (c) is included in

    • (i) a novel food, as defined in section B.28.001 of the Food and Drug Regulations, that has been established as safe for consumption in accordance with sections B.28.002 and B.28.003 of those Regulations, or

    • (ii) a natural health product for which a product licence has been issued in accordance with the Natural Health Products Regulations and which has not been suspended or canceled; or

  • (d) is specified on

    • (i) the List of Permitted Supplemental Ingredients as defined in subsection B.01.001(1) of the Food and Drug Regulations,

    • (ii) the List of Veterinary Health Products referred to in the definitionList C in subsection C.01.001(1) of the Food and Drug Regulations,

    • (iii) the List of Permitted Anticaking Agents, 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.

    • (iv) [Repealed, SOR/2024-244, s. 170]

    • (v) [Repealed, SOR/2024-244, s. 170]

    • (vi) [Repealed, SOR/2024-244, s. 170]

    • (vii) [Repealed, SOR/2024-244, s. 170]

    • (viii) [Repealed, SOR/2024-244, s. 170]

    • (ix) [Repealed, SOR/2024-244, s. 170]

    • (x) [Repealed, SOR/2024-244, s. 170]

Traceability

Marginal note:Documents

• 71 (1) Any person that manufactures, stores, packages, labels, sells, imports or exports a feed must, if they provide the feed to another person, prepare, keep and maintain documents that set out the following information:

  • (a) the name of the feed;

  • (b) its identification code;

  • (c) the name and address of the person who manufactured the feed or caused it to be manufactured;

  • (d) the date on which the feed was provided and the name and address of the person to whom it was provided;

  • (e) if they were provided the feed by another person, the name and address of that person and the date on which it was provided; and

  • (f) if the feed is a mixed feed, the name of any feed, substance or product referred to in section 37 contained in the mixed feed and, if they were provided the incorporated feed, substance or product by another person, the name and address of that person and the date on which it was provided.

• Marginal note:Identification code

  (2) Despite paragraph (1)(b), the documents are not required to contain the identification code in the case of a feed sold at retail.

• Marginal note:Exception

  (3) Subsection (1) does not apply to

  • (a) complete feeds and supplements in packages of 25 kilograms or less intended for horses; and

  • (b) treats intended for any livestock species.

• Marginal note:Retention period of documents

  (4) The documents must be kept for two years after the day on which the feed was provided to another person and must be accessible in Canada.

Marginal note:Request for documents

• 72 (1) 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.

• Marginal note:Production of documents

  (2) The person must provide the documents within 24 hours after receipt of the request, or within

  • (a) 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

  • (b) 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.

• Marginal note:Document provided electronically

  (3) 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.

Samples for Analysis

Marginal note:Requirements

• 73 (1) 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.

• Marginal note:Packaged feed — more than 5 kg

  (2) 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.

• Marginal note:Packaged feed — 5 kg or less

  (3) If the feed to be analyzed is in packages of 5 kg or less, one unbroken package may constitute a sample.

• Marginal note:Damaged feed

  (4) 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.

• Marginal note:Bulk feed

  (5) 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.

Tolerance Limits

Marginal note:Nutrient guarantees

• 74 (1) 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.

• Marginal note:Medicating ingredient guarantee

  (2) 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.

Seizure and Detention

Marginal note:Detention tag

• 75 (1) 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.

• Marginal note:Notice of detention

  (2) If an article is detained, an inspector must provide a notice of detention to its owner or to the person in possession of it.

• Marginal note:Prohibition

  (3) 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.

• Marginal note:Notice of release

  (4) 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.

• Marginal note:Forfeited articles

  (5) Any article forfeited under subsection 9(3) or 9.1(3) of the Act must be disposed of in the following manner:

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

    • (i) sold and the proceeds deposited to the credit of the Receiver General, or

    • (ii) donated to a registered charity within the meaning of subsection 248(1) of the Income Tax Act;

  • (b) in the case of a feed that is not fit for feeding to livestock, it must be disposed of in a safe manner; and

  • (c) 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.