Feeds Regulations, 2024: SOR/2024-132

Canada Gazette, Part II, Volume 158, Number 14

Registration
SOR/2024-132 June 17, 2024

FEEDS ACT
HEALTH OF ANIMALS ACT
FOOD AND DRUGS ACT

P.C. 2024-710 June 17, 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

TABLE OF PROVISIONS

Feeds Regulations, 2024

Interpretation

1 Definitions

Incorporation by Reference

2 Documents incorporated by reference

Exemptions

3 Exemptions from Act and Regulations

Deleterious Substances

4 Prescribed substances

Approval and Registration of Feeds

Feeds to Be Approved or Registered
Applications and Requirements

7 Application for approval or registration

Evaluation and Decision of Minister

8 Approval or registration of feed

Approval — Listing and Cancellation
Registration — Number, Certificate and Cancellation
Renewal or Amendment

16 Application for renewal or amendment

New Information

17 Provision to Minister

Licences

Prescribed Feeds and Activities

18 Section 3.1 of the Act — import for sale

Issuance, Renewal and Amendment
Expiry, Surrender, Suspension and Cancellation

Standards

General Provisions
Mixed Feeds
Single Ingredient Feeds

Packaging

43 Packaging requirements

Labelling

General Provisions
Feed Names
Guaranteed Analysis
Units of Measurement

54 International system of units

Preventive Controls

Interpretation

55 Definitions

Biological, Chemical and Physical Hazards

56 Identification and analysis of hazards

Preventive Control Plan

Investigation, Complaints and Recall

Requirements Specific to Certain Activities

Manufacture of Feeds

64 Mixed feed

Import of Feeds
Manufacture or Sale for Export or Export of Feeds

Traceability

Samples for Analysis

73 Requirements

Tolerance Limits

74 Nutrient guarantees

Seizure and Detention

75 Detention tag

Transitional Provisions

Amendment to These Regulations

83.1 Repeal of section 83

Consequential Amendments

Health of Animals Act

84 Health of Animals Regulations

Food and Drugs Act

Coming into Force

90 S.C. 2015, c. 2

SCHEDULE 1

Tolerance Limits Applied to Nutrient Guarantees

SCHEDULE 2

Tolerance Limits Applied to Medicating Ingredient Guarantees

Feeds Regulations, 2024

Interpretation

Definitions

1 (1) 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 type and class of livestock stated on the label, provides all of 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
  • (a) that is not set out in the Compendium of Medicating Ingredient Brochures for the species of livestock for which the feed is intended; or
  • (b) 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
  • (a) for feeding their livestock; or
  • (b) in accordance with a written order that is signed by a purchaser if
    • (i) 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,
    • (ii) the feed does not contain a pest control product as defined in subsection 2(1) of the Pest Control Products Act, and
    • (iii) 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
  • (a) for use in the prevention or treatment of disease in livestock; or
  • (b) 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
  • (a) is not listed in the Canadian Feed Ingredients Table; or
  • (b) 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
  • (a) has been intentionally selected, created or introduced into the feed through a specific genetic change; and
  • (b) 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
  • (a) the preservation of any feed with which it is mixed prior to feeding or during storage;
  • (b) the characteristics, qualities, flowability, pelleting or tracing of any feed with which it is mixed;
  • (c) ingredient dispersion or distribution in any feed with which it is mixed;
  • (d) ingestion, acceptability, nutrient utilization or digestion by livestock of any feed with which it is mixed;
  • (e) the quality or availability of nutrients in any feed with which it is mixed;
  • (f) the absorption of nutrients by livestock of any feed that is fed to it;
  • (g) the modification of characteristics of food of animal origin; or
  • (h) 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
  • (a) fed undiluted in addition to other feeds;
  • (b) offered on a free-choice basis with other feeds that are available separately; or
  • (c) 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

(2) 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:

Incorporation by Reference

Documents incorporated by reference

2 (1) 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:

Inconsistency

(2) 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

(3) 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

Exemptions from Act and Regulations

3 (1) The following feeds are exempt from the application of the Act and these Regulations:

Feed not exempted under paragraph (1)(g)

(2) 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:

Exemption — certain products or substances

(3) 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.

Deleterious Substances

Prescribed substances

4 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.

Approval and Registration of Feeds

Feeds to Be Approved or Registered

Feeds that must be approved

5 (1) For the purposes of paragraph 3(1)(a) of the Act, the following feeds must be approved:

Exemption from approval

(2) Any feed that is not referred to in subsection (1) is exempt from approval.

Feeds that must be registered

6 (1) 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

(2) The following feeds are exempt from registration:

Conditions

(3) The exemption of the feeds referred to in subsection (2) applies only if

Applications and Requirements

Application for approval or registration

7 (1) An application for approval or registration of a feed must be made to the Minister in a form approved by the President.

Elements required

(2) Subject to subsections (4) and (5), the application must be accompanied by

Additional information — novel trait

(3) In the case of a feed with a novel trait, an application for approval must be accompanied by the following additional information:

Sample

(4) 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

(5) 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:

Scientific investigation

(6) If any scientific investigation has been conducted under paragraphs (2)(k) or (3)(c), the applicant must provide the following information:

Evaluation and Decision of Minister

Approval or registration of feed

8 (1) 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:

Evaluation of risk

(2) 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

(3) 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

Notice of refusal

(4) 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.

Approval — Listing and Cancellation

Notice of approval

9 (1) 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

(2) 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,

Registration resulting from approval

(3) If a feed is approved and listed in Part 2 of the Canadian Feed Ingredients Table, it must be registered under section 8.

Cancellation

10 (1) 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

(2) In deciding whether to cancel an approval, the Minister must take into account the following factors:

Conditions for cancellation

(3) The Minister may cancel an approval only if a written notice has been provided to the holder of the approval that

Notice of hearing

(4) 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

(5) The Minister must not cancel the approval unless

Notice of cancellation

(6) 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.

Registration — Number, Certificate and Cancellation

Assignment and issuance

11 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

12 (1) 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

(2) It is prohibited for any person to use a false registration number in respect of any feed.

Expiration of registration

13 A registration expires on the date indicated on the registration certificate.

Surrender of certificate

14 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

15 (1) 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.

Factors

(2) In deciding whether to cancel a registration, the Minister must take into account the following factors:

Conditions for cancellation

(3) The Minister may cancel a registration only if a written notice has been provided to the registrant that

Notice of hearing

(4) 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.

Grounds for cancellation

(5) The Minister must not cancel the registration unless

Notice of cancellation

(6) 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.

Renewal or Amendment

Application for renewal or amendment

16 (1) 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

(2) 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.

New Information

Provision to Minister

17 (1) 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

(2) If, on the basis of the new information, the Minister determines, in re-evaluating the feed,

Notice of amendment

(3) 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.

Licences

Prescribed Feeds and Activities

Section 3.1 of the Act — import for sale

18 (1) 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

(2) 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

(3) A licence is not required to conduct any prescribed activity referred to in subsection (2) if it is being conducted at

Definition of grain elevator

(4) 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.

Issuance, Renewal and Amendment

Subsection 5.2(1) of the Act — import for sale

19 (1) 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

(2) 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

20 An application for the issuance, renewal or amendment of a licence must be made to the Minister in a form approved by the President.

Conditions

21 The Minister may issue, renew or amend a licence if

Refusal

22 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

Notice of refusal

23 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

24 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

25 (1) 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.

Notice of amendment

(2) The Minister must notify the licence holder in writing of any amendment to the licence and the date on which it takes effect.

Expiry, Surrender, Suspension and Cancellation

Expiry

26 (1) 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

(2) If the Minister amends a licence, its expiry date remains unchanged.

Surrender

27 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

28 The Minister may suspend a licence if

Conditions for suspension

29 (1) The Minister must not suspend a licence unless the licence holder

Notice of suspension

(2) The Minister must notify the licence holder in writing of the suspension and the date on which it takes effect.

Suspension — risk of harm

30 (1) 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.

Notice of suspension

(2) The Minister must notify the licence holder in writing that their licence is suspended and that the suspension takes effect immediately.

Duration of suspension

31 The suspension of a licence must be lifted if the Minister determines that corrective action has been taken.

Grounds for cancellation

32 The Minister may cancel a licence if

Conditions for cancellation

33 (1) 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.

Notice of cancellation

(2) The Minister must notify the licence holder in writing of the cancellation and the date on which it takes effect.

Standards

General Provisions

No risk of harm

34 (1) A feed must not present a risk of harm to human or animal health or the environment.

Mixing of feed presenting a risk

(2) 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.

Exception

(3) Subsection (2) does not apply in the following circumstances:

Prohibited content

35 A feed must not contain or present, as the case may be,

Suited for purpose

36 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.

Mixed Feeds

Content

37 A mixed feed may only contain

Premix or supplement — content

38 A premix or supplement may contain

Mineral feed — content

39 A mineral feed must contain at least 40% crude ash.

Chop feed

40 A chop feed must be obtained by grinding, chopping or crushing

Single Ingredient Feeds

Chopped, crushed or ground grain

41 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

42 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

Packaging requirements

43 A package for a feed must

Labelling

General Provisions

Location of label

44 (1) 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

(2) If the feed referred to in subsection (1) is shipped in bulk, the label may be provided in electronic form.

Exception

(3) 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

45 (1) Subject to subsection (4), the label referred to in subsections 44(1) and (2) must contain

“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

(2) The label referred to in subsections 44(1) and (2) must also contain

Feed manufactured in another country

(3) 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

(4) In the case of a customer formula feed, the label referred to in subsections 44(1) and (2) must contain

Request for list of ingredients

46 (1) 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

(2) 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

47 A label must not contain

Language of label — information required

48 (1) 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:

Language of label — optional information

(2) 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

49 (1) 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.

Exception

(2) 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

(3) 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.

Feed Names

Suitable name

50 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

51 (1) A mixed feed must have as part of its name the purpose for which it is intended.

Type and class

(2) A mixed feed must have as part of its name the type and class of livestock for which it is intended, unless the feed is formulated for all types 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

(3) 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

(4) If a feed is a premix, the word “premix” or “prémélange” must form part of the name of the feed.

Supplement

(5) If a feed is a supplement, the word “supplement” or “supplément” must form part of the name of the feed.

Customer formula feed

(6) 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

(7) 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.

Guaranteed Analysis

Mandatory guarantee

52 (1) The guaranteed analysis statement required to be shown on the label of a feed must include

Optional guarantee

(2) 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

Individual serving

53 (1) 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

(2) 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.

Units of Measurement

International system of units

54 (1) 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

(2) 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.

Preventive Controls

Interpretation

Definitions

55 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)

Biological, Chemical and Physical Hazards

Identification and analysis of hazards

56 (1) 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

(2) 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.

Factors

(3) 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

Preventive Control Plan

Preparing, keeping and maintaining

57 (1) 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.

Exception

(2) 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

Implementation

58 Any person that is required to prepare, keep and maintain a preventive control plan must implement that plan.

Content — hazards

59 (1) The preventive control plan must include the following information:

Content — measures to be taken

(2) The preventive control plan must describe the measures that will be taken to ensure that

Content — other requirements

(3) 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

60 Any person that is required to prepare, keep and maintain a written preventive control plan must keep

Investigation, Complaints and Recall

Investigation — risk of harm

61 (1) 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

(2) 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

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.

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.

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.

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

Requirements Specific to Certain Activities

Manufacture of Feeds

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.

Customer formula feed or custom medicated feed

(2) If the feed is a customer formula feed or a custom medicated feed, the person who manufactures that feed must have a copy of the customer formula or the veterinary prescription under which the feed is manufactured in their possession during the manufacture of that feed and keep that copy for a period of two years after the last day of manufacture of that feed.

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

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:

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.

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.

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.

Non-compliant feed

68 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

Manufacture or Sale for Export or Export of Feeds

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

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

Export certificate or document

70 (1) 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

(2) 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

(3) 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.

Traceability

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:

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.

Exception

(3) Subsection (1) does not apply to

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.

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.

Production of documents

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

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

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.

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.

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.

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.

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

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.

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

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.

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.

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.

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.

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:

Transitional Provisions

Definition of former Regulations

76 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

77 (1) 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

(2) 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

78 (1) 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.

Notice of refusal

(2) 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

(3) 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

79 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

80 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

81 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

82 (1) 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

(2) 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.

Content of feed

83 (1) Nothing in these Regulations prohibits the manufacture, sale or import of a feed that does not comply with the standard set out in section 35 if it complies with the standard set out in section 19 of the former Regulations.

Single ingredient feed

(2) Nothing in these Regulations prohibits the sale or import of a feed that does not comply with the standard set out in section 42 if it complies with the standard set out in subsection 22(2) of the former Regulations.

Labelling

(3) Nothing in these Regulations prohibits the manufacture, sale or import of a feed the labelling of which does not comply with the requirements set out in subsection 48(1), sections 44 to 47 and 49 to 54 if the labelling of that feed complies with the requirements set out in sections 24 and 26 to 33 of the former Regulations.

Amendment to These Regulations

83.1 Section 83 of these Regulations is repealed.

Consequential Amendments

Health of Animals Act

Health of Animals Regulations

84 Section 113 of the Health of Animals Regulations footnote 1 is replaced by the following:

113 Section 112 does not apply to any feed approved or registered under the Feeds Act.

Food and Drugs Act

Food and Drug Regulations

85 Subsection C.01.014(2) of the Food and Drug Regulations footnote 2 is replaced by the following:

(2) Subsection (1) does not apply in respect of a veterinary health product, a study drug as defined in section C.03.301 or a medicated feed as defined in subsection 1(1) of the Feeds Regulations, 2024.

86 The definition dilute drug premix in subsection C.01A.001(1) of the Regulations is replaced by the following:

dilute drug premix
means a drug for veterinary use that results from mixing a drug premix with a feed, as defined in section 2 of the Feeds Act, to such a level that at least 10 kg of the resulting mixture is required to medicate one tonne of complete feed, as defined in subsection 1(1) of the Feeds Regulations, 2024, with the lowest approved dosage level of the drug. (prémélange médicamenteux dilué)

87 Paragraph C.01A.001(2)(b) of the Regulations is replaced by the following:

88 Subsection C.08.012(2) of the Regulations is replaced by the following:

(2) For the purposes of this section, medicated feed has the same meaning as in the Feeds Regulations, 2024.

Repeal

89 The Feeds Regulations, 1983 footnote 3 are repealed.

Coming into Force

S.C. 2015, c. 2

90 (1) 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.

18th month — S.C. 2015, c. 2

(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

(3) 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.

SCHEDULE 1

(Subsection 74(1))

Tolerance Limits Applied to Nutrient Guarantees
Item

Column 1

Nutrient

Column 2

Guaranteed Amount

Column 3

Tolerance Limits
1 Calcium (Ca), magnesium (Mg), sodium (Na), potassium (K), sulphur (S), salt (NaCl)
  • (a) 1% and under
  • (b) Over 1%
  • A deficiency or excess of 0.2% of the feed
  • A deficiency or excess of 20% of the guaranteed amount
2 Zinc (Zn), copper (Cu), manganese (Mn), iodine (I), cobalt (Co) All amounts A deficiency or excess of 20% of the guaranteed amount
3 Fluorine (F) All amounts An excess of 20% of the guaranteed amount
4 Phosphorus (P)
  • (a) 5% and under
  • (b) Over 5%
  • A deficiency or excess of 20% of the guaranteed amount
  • A deficiency of 10% or an excess of 20% of the guaranteed amount
5 Iron (Fe) All amounts A deficiency of 20% or an excess of 40% of the guaranteed amount
6 Crude protein (mixed feed)
  • (a) 24% and under
  • (b) Over 24%
  • A deficiency of 1% of the feed
  • A deficiency of 1.5% of the feed
Crude protein (single ingredient feed) All amounts A deficiency of 0.8% of the feed
7 Equivalent crude protein
  • (a) 5% and under
  • (b) Over 5% and up to and including 25%
  • (c) Over 25%
  • An excess of 1% of the feed
  • An excess of 20% of the guaranteed amount
  • An excess of 5% of the feed
8 Crude fat All amounts A deficiency or excess of 1.5% of the feed
9 Crude fibre
  • (a) 5% and under
  • (b) Over 5% and up to and including 15%
  • (c) Over 15%
  • A deficiency or excess of 1% of the feed
  • A deficiency or excess of 15% of the guaranteed amount
  • A deficiency or excess of 1.5% of the feed
10 Vitamin A, vitamin E All amounts A deficiency of 20% of the guaranteed amount
11 Vitamin D All amounts A deficiency of 25% of the guaranteed amount
12 Sugar (invert)
  • (a) 24% and under
  • (b) Over 24%
  • A deficiency of 1.5% of the feed
  • A deficiency of 2% of the feed
13 Pepsin digestible protein All amounts A deficiency of 10% of the guaranteed amount

SCHEDULE 2

(Subsection 74(2))

Tolerance Limits Applied to Medicating Ingredient Guarantees
Item

Column 1

Medicating Ingredient

Column 2

Tolerance limits
1 Medicating ingredients except antibiotics A deficiency or excess of 20% of the guaranteed amount
2 Antibiotics A deficiency or excess of 25% of the guaranteed amount

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Executive summary

Issues: The Feeds Regulations, 1983 have become outdated since the last comprehensive review of the regulations took place in 1983. While some ad hoc amendments have been made to the regulations since 1983 to address specific issues (e.g., regulating feeds derived from biotechnology, strengthening measures against the spread of bovine spongiform encephalopathy), the overall regulatory framework has not adapted to the changing environment in which industry and regulators operate, such as advancements in technology and the emergence of global feed supply chains. Further, the regulations were overly prescriptive and did not utilize modern regulatory frameworks or approaches to risk management, such as risk prevention, which is now used by international regulatory authorities. Lastly, the regulations did not provide a clear pathway for adding new ingredients to the list of approved feed ingredients, causing lack of transparency and confusion for stakeholders. As a result, an updated regulatory framework is needed; one that provides a more effective and flexible risk-based management and oversight, and which provides more transparency and clarity to stakeholders. Stakeholders, including the Animal Nutrition Association of Canada, have signalled a need to update the regulations.

Description: The modernization of the Feeds Regulations will establish a more robust and outcome-based framework which will enable the Canadian Food Inspection Agency (CFIA) and regulated sectors to better manage risks that feeds pose to human, animal health, and the environment.

The Feeds Regulations, 2024, include a range of new or updated requirements for feeds and for regulated parties involved in their production and commerce, including hazard identification, preventive controls, traceability, record-keeping requirements and licensing. The amendments will increase responsiveness to industry changes, and provide more clarity, flexibility and transparency to affected regulated parties. They will also reflect the latest science, technological advancements, industry best practices, and introduce a modern approach to risk management and oversight. In addition, the feed ingredient approval process will be updated to provide better transparency and clarity to stakeholders. Finally, new authorities provided under the Feeds Act will be incorporated. These changes will be accomplished by repealing the Feeds Regulations, 1983 and replacing them with the new Feeds Regulations, 2024.

Rationale: The linkages between feed, the safety of food, and public health have received an increased focus in recent years. Safe feeds play an important role in the overall health and productivity of livestock and contribute to the production of safe foods for human consumption. As livestock feed and production practices have evolved, there is a need to update regulations to reflect best practices and risk. Further, updating the regulations to focus on risk prevention, through preventive controls, increases alignment with key trading partners who have already implemented preventative risk-based frameworks for feeds.

The CFIA has consulted extensively with stakeholders, including a 125-day public consultation following the prepublication of proposed regulations in 2021. Stakeholders are generally supportive of the new Feeds Regulations, 2024. In particular, they appreciate the move toward a more outcome- and risk-based approach. This approach supports innovation and flexibility by allowing stakeholders to develop preventive controls and other measures that meet the needs of their operation, rather than having to meet prescriptive requirements. It also fulfills a commitment to modernize the Feeds Regulations under the Agri-food and Aquaculture Regulatory Review Roadmap.

The monetized benefits of the Regulations are estimated at approximately $8.1 million in present value over the 10-year analytical period, driven by savings to the feed industry and to the CFIA associated with a reduction in product registration applications. The 10-year monetized costs of these regulatory changes are approximately $527.7 million in present value, and most of these costs are linked to the implementation of preventive controls. Based on these estimates, the present value net monetized cost (i.e., costs minus benefits) of the Regulations is $519.7 million over 10 years, or $74.0 million annualized.

Even though the livestock feed industry will face additional costs with the Regulations, there will also be many qualitative benefits, including a reduction in feed safety risks for animals, which in turn will translate into reduced food safety risks to consumers. Other qualitative benefits will include a more level playing field for the livestock feed industry, increased international alignment, a consistent and more effective feed safety approach to inspection and oversight by the CFIA, and an enhanced reputation for Canada as a global feed safety leader.

Issues

The regulations for feeds in Canada have become outdated since the last comprehensive review of the Feeds Regulations in 1983. While some ad hoc amendments have been made to the Regulations since 1983 to address specific issues (e.g., regulating feeds derived from biotechnology, strengthening measures against the spread of bovine spongiform encephalopathy), the overall regulatory framework has not adapted to the changing environment in which industry and regulators operate, such as advancements in technology and the emergence of global feed supply chains.

The previous Feeds Regulations, 1983, were mostly prescriptive and emphasized requirements for finished feed products (e.g., product registration, standards, and labelling) which led to a reactive approach to risk management and oversight. The previous regulations did not keep up with the latest science and technology, industry best practices, or risks associated with feed and livestock production in Canada and abroad. They also did not utilize modern regulatory frameworks or approaches to risk management (such as preventive control plans and good manufacturing practices), which are being used by various international regulatory authorities, such as the United States’ (US) Food Safety Modernization Act, European Union (EU) feed regulations, and the Codex Alimentarius’ Code of Practice on Good Animal Feeding (the Code). These modern approaches are based on the concept of risk prevention and are more outcome-based, which result in a more effective and flexible risk management and oversight framework compared to the previous prescriptive and reactive approach.

In addition, the previous regulations did not provide a clear pathway for adding new ingredients to the list of approved ingredients. This caused a lack of transparency around the ingredient approval process and created confusion for stakeholders about which ingredients can be used in feeds. A more modern and transparent approach is needed to update the list of approved ingredients to support improved transparency and clarity for stakeholders.

Finally, the regulations did not reflect new authorities which were enabled when the Feeds Act was modernized in 2015. These include an explicit authority to incorporate documents into the regulations by reference (e.g., standards and technical requirements), and the authority to issue licences for certain activities. The authority to incorporate by reference allows for greater flexibility in being able to amend technical standards in the regulations to keep pace with the latest science and the changing feed landscape. In addition, new licence provisions provide the Canadian Food Inspection Agency (CFIA) with additional compliance tools to help identify regulated parties, and in cases where there are safety concerns, to be able to quickly limit the distribution of feed.

Background

Legislative and regulatory context

The federal government, through the Feeds Act and Regulations, along with the Health of Animals Regulations, provides primary oversight of livestock feed in Canada, including feed for intraprovincial and interprovincial trade, import and export.

The Feeds Act provides the authority to regulate the import, manufacture, and sale of feeds in Canada. The Feeds Regulations set out requirements for the importation, manufacture, and sale of feed (including feed ingredients). This includes approval and registration of feeds, licensing operators, setting standards, labelling, and setting certain prohibitions to minimize the risk of harm to humans, animals, or the environment. Feed is also regulated by the Health of Animals Regulations, which sets out requirements for the use of rendered animal protein products (e.g., meat and bone meal, feather meal, tallow, poultry fat) in ruminant and other animal feed.

Under these authorities, the CFIA provides regulatory oversight of feeds in Canada and verifies that feeds manufactured, sold, or imported in Canada are safe for animals and the environment, are effective for animal production, comply with safety and compositional standards, and are labelled appropriately. For feed that is imported, the Canada Border Services Agency (CBSA) assists the CFIA in verifying compliance. Safe feeds contribute to a safe supply of foods of animal origin, such as meat, milk and eggs.

A wide range of feeds are subject to federal regulations, and are grouped primarily into two categories: feed ingredients and mixed feeds. Feed ingredients include grains, fats, vitamins, and minerals that represent individual sources of nutrients. They also include substances that have a function in the feed such as flavours, colours, pelleting aids, and antioxidants. Mixed feeds include premixes, supplements, and complete feeds that contain a combination of approved feed ingredients.

The CFIA assesses and approves all feed ingredients for use in livestock feeds. This allows the CFIA to verify that new or modified feed ingredients are safe and have a feed purpose. In 2023, some 1 250 feed ingredients had been approved by the CFIA for livestock in Canada.

For mixed feeds, registration must be obtained before they can be manufactured, sold, or imported into Canada. The feeds that require registration are set out in the regulations. Registration allows the CFIA to verify the safety of mixed feeds, and to assess additional label information such as claims or extra guarantees to ensure the information is truthful and accurate.

As part of the National Feed Inspection Program, the CFIA conducts routine inspections to verify that feeds are safe and meet the requirements of the regulations. During routine inspections, feed may be found to be non-compliant for things such as labelling, use of unapproved feed ingredients, or when a sample result exceeds a maximum level for a particular nutrient or contaminant. This includes issues related to drug residues in feed, as well as other contaminants such as metals, mycotoxins, or salmonella. In addition, the CFIA conducts targeted investigations when there are feed or food contamination events.

Livestock producers who manufacture feed for their own animals and do not use medications are exempted under the Feeds Act and thus are not subject to the regulations.

In addition to the CFIA, Health Canada (HC) also has a role regarding veterinary drugs that may be used in feed. In this context, HC is responsible through the Food and Drugs Act for their approval, defining manufacturing standards for approved drugs, and coordinating the assessment of the impact of the use of veterinary drugs on antimicrobial resistance and developing appropriate control strategies. The CFIA also collaborates with HC in responding to the Federal Action Plan on Antimicrobial Resistance and Use in Canada, which maps out a coordinated, collaborative federal approach to responding to the threat of antimicrobial resistance. The Action Plan also involves participation from the Public Health Agency of Canada, Agriculture and Agri-Food Canada, the Canadian Institutes of Health Research, the National Research Council of Canada, and Innovation, Science and Economic Development Canada. Provinces, territories, and other stakeholders also play a key role by virtue of their responsibility for the delivery of health care, the approval of antimicrobials for medical coverage, and the regulation of antimicrobial use in agriculture and veterinary medicine. The CFIA verifies, through inspection and sampling, that medicated feeds manufactured or sold in Canada meet the standards set by HC as per the Compendium of Medicating Ingredient Brochures or have been prescribed by a veterinarian.

Provincial and territorial context

As noted above, the federal government provides primary oversight of livestock feed in Canada. This allows for a more consistent approach to the regulation of feed across the country. As a consequence, most provinces and territories do not have any specific provincial regulations pertaining to feed. Three provinces, Alberta, Newfoundland and Labrador, and Ontario have regulations with respect to medicated feeds that exempt these feeds from some of their respective provincial drug oversight rules. Quebec has more extensive rules respecting the sale of medicated feeds, including the requirement that all medicated feeds be sold via a prescription to ensure veterinary oversight. At present there are no provincial or territorial rules respecting preventive control plans (PCPs), product labelling, or feed standards.

International context

Increasing globalization of feed trade means that feed may be imported from, and exported to, many countries around the world. The US and the EU continue to represent Canada’s biggest trading partners with respect to feeds with the largest volume of feed trade occurring with the United States.

While there are no international standards for feeds, the Code provides an internationally accepted code of practice for feed safety. The Code recommends the use of good manufacturing practices, hazard analysis and other activities to help ensure feed safety. These principles were taken into consideration and included in the Feeds Regulations, 2024, as appropriate, such as the new requirement for preventive control plans.

The regulatory approach for feed in other jurisdictions has shifted away from a prescriptive approach toward a more agile and outcome-based approach that focuses on the processes that are used to make the feed, with an emphasis on preventive controls. Under this approach, regulated parties must assess the potential hazards and put in place controls to prevent, reduce, or eliminate them. In 2010, the EU updated their regulations for feeds to include the requirement for preventive control plans. In addition, the US Food Safety Modernization Act, administered by the US Food and Drug Administration, implemented a series of human and animal food safety rules that require products to be manufactured using good manufacturing practices and preventive controls to manage known or reasonably foreseeable hazards posing risks to public health.

The CFIA also considered other recommendations established by international authorities in the development of the Feeds Regulations, 2024, including:

The Feeds Regulations, 2024, will increase Canada’s alignment with key trading partners. For example, the introduction of PCPs in Canada will result in feed being produced in a system similar to the ones used in the US and in the EU. This could facilitate trade, and provide new opportunities for regulatory cooperation, such as foreign systems recognition and using foreign decisions for the approval of feeds in Canada.

Beyond the scope of these regulatory amendments, the CFIA has initiated a project to consider the equivalency of feed product assessment endpoints in other jurisdictions (starting with various products approved in the US and the EU). Where product approval processes are deemed to be equivalent to those of Canada, the CFIA would forego a full, in-depth evaluation of the product submission in favour of an audit to ensure that there are no important discrepancies. In this scenario, an applicant would submit a truncated application along with the full submission assessed by the foreign jurisdiction. This process should result in reduced time to provide a regulatory decision on in-scope products, thereby benefiting the Canadian feed and livestock producer sectors and making the pre-market evaluation service more efficient.

Economic environment

In Canada, there are four main groups that make up the animal feed industry: commercial feed manufacturers, single ingredient manufacturers, on farm feed manufacturers, and feed retailers/distributors. Commercial feed manufacturers turn raw ingredients into feed for sale, single ingredient manufacturers supply inputs into mixed feeds, on farm feed manufacturers are livestock producers who also make animal feed on site for their own animals, and retailers/distributors play an intermediary role between producers of feed and producers of livestock.

There were over 76 000 farms with animals in Canada in 2021,footnote 4 with a total animal headcount of over 185 million in that same year.footnote 5 Millions of tonnes of safe and nutritious feed are required to keep these Canadian livestock alive and healthy. According to the Animal Nutrition Association of Canada, about two thirds of feed consumed by livestock in Canada is produced by Canadian commercial feed manufacturers, with the remaining third produced by farm feed manufacturers. While almost all livestock feed consumed in Canada is mixed and manufactured in Canada, certain grains and other ingredients for use in feed (e.g., enzymes, vitamins, etc.) are imported. Additionally, international exports of livestock of Canadian livestock feed and feed ingredients generated approximately $3.33 billion in revenue in 2022.footnote 6

Despite producing large amounts of feed, commercial feed manufacturers represent the smallest proportion of all facilities in the feed industry. Conversely, on farm manufacturers produce relatively less feed per facility, but together represent the greatest number of facilities. The various groups in the feed industry provide foundational support to Canada’s agri-food system, which is an important component of the Canadian economy.

Within the primary agriculture sector, animal production accounted for $5.7 billion of Canada’s GDP and over 100 000 jobs in 2022, and many of these jobs are located in rural communities. Going downstream in the integrated supply chain, animal products are key inputs in the food processing industry, and foods containing animal products are then sold by food retailers, wholesalers, and food service providers. For example, sales of products from the meat product and dairy product manufacturing industries were $38.5 billion and $17.4 billion in 2022, respectively.footnote 7

Risks and operating environment

Safe feeds play an important role in the overall health and productivity of livestock. In turn, safe feeds contribute to the production of safe foods. Feeds contaminated by harmful pathogens (e.g., salmonella), chemical residues (e.g., heavy metals, drug residues, dioxins), or mycotoxins may not only affect the health of the animal, but may also adversely affect the safety of the animal products (such as meat, milk, eggs) consumed by humans.

Animal health, public health, and ecosystems are closely interconnected, and this concept continues to receive an increased focus. The “One Health” concept is a holistic approach to preventing the risk of new human and animal diseases developing and spreading when those relationships change.

For example, the detection of classical bovine spongiform encephalopathy (BSE) in cattle internationally and in Canada, which was spread by contaminated feed, prompted governments to strengthen food safety and animal feeding measures to protect public health, following the recommendations made by the World Health Organization. Maintaining Canada’s status as a negligible risk country for BSE has important economic implications. Many countries, including the United States, closed their borders to Canadian beef and cattle during the BSE outbreak, resulting in severe economic consequences for the Canadian cattle sector. According to a report by the Bank of Montreal in 2004, Canadian cattle producers lost about $5 billion as a result of a positive BSE test in 2003.

Another example of this linkage is medicated feed. While veterinary drugs are an important tool for treating disease and keeping livestock healthy, medicated feeds can also present potential risks to animals and human health if not used prudently. Medicated feeds have been associated with antimicrobial resistance, which occurs when pathogenic organisms become resistant to antimicrobial drugs. The introduction of hazard identification and preventive control requirements, including the identification hazards related to medicated feed, will help mitigate risks associated with the use of medications.

The risk environment also reflects changing feed and animal production sectors, which have evolved considerably since the last comprehensive review of the regulations. This evolution has been influenced by several trends, including

The feed industry and livestock producer organizations have worked to establish sector-specific, voluntary feed and food safety programs, such as the Animal Nutrition Association of Canada’s FeedAssure Program, and the various on-farm food safety programs. This collaborative work has been driven by heightened consumer awareness and demands for safe food.

Objective

The ultimate objective of the new regulations is to enable a regulatory framework for feeds that

The Feeds Regulations, 2024, will establish a more robust and outcome-based framework that includes hazard identification, preventive controls, traceability, increased record-keeping requirements, and licensing. This will enable the CFIA and regulated sectors to better manage risks that livestock feeds pose to human, animal health and the environment. In turn, this will improve the quality and safety of feed, reduce contaminated feeds and recalls, and ultimately reduce risks to animals and to consumers of food products of animal origin.

This new regulatory framework will allow faster, easier updates to standards based on the latest science and technology, and reduces the number of feeds that require registration. Finally, they will better align with international trading partners, including the US, ensuring that Canada maintains a robust market access to our largest trading partner.

Description

The modernization of the feeds regulatory framework represents a comprehensive review of the former regulatory framework. It replaces the previous regulations, the Feeds Regulations 1983, with a set of new or updated requirements for feeds and the regulated parties involved in their production and commerce. The new regulations, the Feeds Regulations, 2024, will reduce overlap and redundancy, increase responsiveness to industry changes, address gaps, weaknesses and inconsistencies, and provide more clarity, flexibility and transparency to the affected regulated parties. They will also reflect the latest science, technological advancements and industry best practices. They will introduce a modern approach to risk management, providing industry and regulators the ability to adapt to the changing environment. Finally, they will also make use of new authorities provided under the Feeds Act. These changes will be accomplished by repealing the Feeds Regulations, 1983, and replacing them with the Feeds Regulations, 2024.

Specifically, the regulations will

  1. Add new requirements for hazard analysis and preventive controls;
  2. Add new traceability requirements;
  3. Update general and safety standards for feeds;
  4. Add new licensing requirements;
  5. Establish an updated, clearer, and broader approach for approval or registration of feeds;
  6. Update labelling requirements;
  7. Expand the scope of species applicable under the Feeds Act;
  8. Update and clarify general and specific exemptions; and
  9. Incorporate by reference various technical documents.

This new regulatory framework will apply to feed ingredients and mixed feeds along the supply chain, including domestic, imported and exported products. Specifically, the Feeds Regulations, 2024, will apply to the following regulated parties:

Livestock producers, including farmers, that make feed for their own animals, provided that the feed does not contain any medications or anything that presents a risk or harm to human or animal health, are exempt from the Feeds Act and are not subject to the regulations.

1. New requirements for hazard analysis and preventive controls

Identifying and controlling risks early on at the feed production level contributes to a safe feed and a safe food supply. Controlling the risks for contaminated feed being fed to animals will positively impact the health of the animal as well as food safety, given these animals are processed into food ingredients and food products. The Feeds Regulations, 2024, will require that regulated parties identify, analyze and control hazards for the feeds they manufacture. This includes the development and implementation of a preventive control plan (PCP).

All regulated parties will need to

As an extension to PCPs, all regulated parties will also need to

The hazard analysis and preventive control plan approach reflects internationally recognized practices, such as hazard analysis critical control points (HACCP) principles and good manufacturing practices (GMP) in the EU. It also supports alignment with the US, who requires preventive control plans for feed.

Requirements for preventive controls will be outcome-based, which means that regulated parties will have the flexibility to apply the preventive controls and other measures that meet the needs of their operation. Regulated parties will be required to demonstrate how their operations and feeds comply with the regulations. Many stakeholders already have a feed safety program in place that will meet PCP requirements, and others have begun developing preventative control plans.

Operators who use feed that is approved for research or experimental purposes will be exempt from the requirements to prepare, keep, or maintain a preventive control plan, but will still need to develop written procedures for complaints and recalls.

These requirements have a one year delayed coming into force. This will provide regulated parties with additional time to develop and implement their preventive control plans. In addition, the CFIA has developed a suite of guidance documents and a PCP model system to help stakeholders understand and meet the requirements.

2. New traceability requirements

New traceability provisions will require more detailed record-keeping to better support risk management along the feed supply chain, especially where a timely response to an incident will help mitigate any potential risks to the public, animal health, or to the environment. Regulated parties will need to keep electronic or paper records of where feeds were purchased, and to whom they were sold, for a period of two years. Records will not need to be submitted to the CFIA, but they may be reviewed during routine inspections, or may be requested if there is a feed safety issue.

There will be two instances where exemptions will apply:

3. Updated general and safety standards for feeds

General and safety standards for feed will be updated to better reflect current science, risks, production practices, and technology, including the addition of a specific provision to require that feeds must not present a risk of harm to human or animal health or the environment;

4. New licensing requirements

There was no licensing regime under the Feeds Regulations, 1983. The Feeds Regulations, 2024, will introduce new licensing requirements, in line with other CFIA regulations.

Regulated parties engaged in prescribed activities associated with feeds that are sent or conveyed inter-provincially, imported for sale, or intended for export will require a licence. These activities are manufacturing, storing, processing, packaging, labelling, distributing and selling. Licensing will not be required for individuals who are importing a feed that is not intended to be sold. In this case, the oversight will default to requiring registration of the feed rather than having a licence.

Licence holders will need to implement preventive controls for all activities covered under a licence, and will need to meet other regulatory requirements, such as traceability. Licences will be valid for a period of two years. Stakeholders will be able to apply for a new licence and to renew their licences using the My CFIA online portal, and the process will be described in guidance material. The licensing requirements will have a delayed coming into force of 18 months to allow regulated parties time to implement their preventive control plans and make any other adjustments prior to requiring a licence. Fees for licences and renewals will be established in the CFIA’s Fees Notice at a later date following consultation with stakeholders.

Licensing will enhance the CFIA’s oversight of feed by providing additional compliance and enforcement tools, such as helping identify regulated parties, and limiting distribution of feed in cases where there are safety concerns. This licensing regime is in line with other CFIA regulations, such as the Safe Food for Canadians Regulations, and the Health of Animals Regulations for hatcheries, which also use the My CFIA online portal.

5. Establish an updated, clearer, and broader approach for approvals or registrations of livestock feeds

Previously, the application requirements and assessment processes were combined for both feed ingredients and mixed feeds and not well defined. An updated, clearer, and broader permissions approach for livestock feeds will be established in the regulations, namely for the approval of feed ingredients and registration of mixed feeds. This will increase transparency around the ingredient and mixed feeds approval process, and reduce confusion around which ingredients can be used in feeds. It will also result in fewer mixed feeds requiring registration, reducing the burden for industry.

A. Feed ingredient approval

Under the Feeds Regulations, 2024, the CFIA will maintain its role in assessing the purpose and safety of all feed ingredients, including novel feeds and new feeds (of chemical origin). This process will continue to require assessment and approval before they can enter the marketplace. The regulations will provide a more transparent feed ingredient assessment and approval process:

In addition, anyone doing research with a novel feed will require approval before they can conduct the research. This approach to oversight of novel feeds replaces the research exemption or authorization that was set out in the Feeds Regulations, 1983. Research done with feed manufactured in Canada that is not novel remains exempt from approval, provided the animals used in the research do not enter the food or feed chain. As part of this approval, industry will need to demonstrate how they will control the novel feed to ensure that it does not present a risk of harm to human or animal health or to the environment. These amendments regarding novel feeds will address concerns raised by the Standing Joint Committee for the Scrutiny of Regulations, regarding the authority to authorize the release of novel feeds. Moving to an approval approach for single ingredient feeds will maintain a similar oversight of novel feeds to what was included in the previous regulations.

Finally, some feed ingredients destined for export will need to be approved before they can be exported in order to meet requirements under the Canadian Environmental Protection Act (CEPA). Specifically, unless they are already approved, authorized, or deemed acceptable for sale under the CEPA, under an Act listed in schedule 2 or 4 of the CEPA, or under the certain parts of the Food and Drugs Act, the following types of ingredients will need to be approved before they can be exported:

Feed ingredients that are already approved, authorized, or deemed acceptable for sale under CEPA, or under certain parts of the Food and Drugs Act would be exempt from this requirement.

Updates to the CFIA Fees Notice

A companion package will make consequential changes to the CFIA Fees Notice. The changes are necessary to align the language of the Feeds Regulations, 2024, with the services described in Part 4 (Feeds Fees) of the CFIA Fees Notice. Particularly, these services will reflect the new, clearer terminology used in the regulations around the approval of single-ingredient feeds and the registration of mixed feeds. The structure and clarity of the table will also be improved to provide clarity for stakeholders of the services offered by the CFIA. The fees associated with these services will not be changing as a result of these updates. These amendments will be made at the same time as the final publication of the Feeds Regulations, 2024, and will be published as final in the Canada Gazette, Part I.

These consequential amendments constitute the first phase of updates to the CFIA Fees Notice for feeds. The second phase would propose a new licensing fee and a licence renewal fee in order for the CFIA to implement the new licensing regime under the regulations. The CFIA will consult with stakeholders on these proposed fees.

B. Feed registration and exemptions

The requirements for feed registration, including exemptions from registration, will be updated based on risk and on the added risk mitigation associated with PCPs. The result will be a reduction in the number of feeds requiring mandatory product registration, leading to fewer fees and less time needed to prepare and submit applications. This will ultimately reduce costs and burden on industry.

The CFIA will require a short list of higher-risk mixed feeds to still be registered. These include

In addition, imported mixed feeds will no longer require registration if they are imported by a licence holder. Instead, feed manufacturers will be required to develop and implement preventive control plans, thus ensuring that feed manufacturers assume greater responsibility for the safety of their feed.

6. Updated labelling requirements

Labelling requirements will be updated to reduce prescriptiveness, provide better information to purchasers, add flexibility, and address concerns raised by the Standing Joint Committee for the Scrutiny of Regulations regarding official language obligations (i.e., health and safety labelling requirements to appear in both official languages). The updated labelling requirements include:

Under Feeds Regulations, 2024, it will continue to be prohibited for feed labels to be misleading or untruthful. For example, the label should not deceive or mislead the purchaser with regard to the composition, usefulness, or purpose of the feed. The information presented on the label will need to correspond to the purpose of the feed and guarantees will need to accurately reflect its contents.

7. Expand scope of species applicable under the Feeds Act 

The Feeds Act was amended in 2015 by the Agricultural Growth Act (S.C. 2015, c. 2). Subsection 53(1) of the Agricultural Growth Act replaces the definition of “livestock” in the Feeds Act with a new definition that provides authority to designate in regulations the animals to which the Feeds Act applies. However, subsection 53(1) of the Agricultural Growth Act cannot come into force until corresponding amendments to the Feeds Regulations, which will designate animals for the purpose of the Feeds Act, are made. Subsection 53(1) of the Agricultural Growth Act will be brought into force by an Order in Council at a time that will coincide with the registration of the Feeds Regulations, 2024.

A provision that designates animals for the purpose of the Feeds Act will be added in the Feeds Regulations, 2024. This will provide more agility and flexibility to amend the list of animals as needed, based on whether those animals are farmed commercially for food. Ultimately, the ability to more easily amend the list of animals will ensure that the Feeds Act and Regulations capture feeds used for food-producing animals, contributing to safeguarding animal health and the food production continuum.

This provision will also expand the scope of livestock subject to the Feeds Act and Regulations. This change will result in game birds (pigeons, pheasants, partridges, quail, grouse, guinea fowl and pea fowl), ratites, bison, water buffalo, cervids, llamas, alpacas, molluscs, crustaceans, and bees being designated as livestock for the purpose of the Feeds Regulations. Mink and foxes will no longer be designated as livestock as they are not considered food producing animals. Cattle, horses, sheep, goats, swine, poultry (chickens, turkeys, ducks, and geese), fish, and rabbits will continue to remain designated livestock.

A delayed coming into force of 18 months will be provided for the additional species.

8. Clarification of general and specific exemptions

Exemptions from the provisions of the Feeds Act and Feeds Regulations, 1983, have been updated and clarified. These exemptions include:

9. Incorporation by reference of technical documents

The Feeds Regulations, 2024, will include the application of ambulatory incorporation by reference (IBR). IBR is a drafting technique that may be used to bring the content of an incorporated document into a regulation, allowing the CFIA to update the document with greater flexibility to maintain an agile and flexible regulatory regime. IBR documents have the same force as the regulation into which it is incorporated. The relevant authorities that allow for the use of IBR are found in section 5.1 of the Feeds Act.

The CFIA Incorporation by Reference Policy sets out the principles and process for the creation and for future updates to these documents, which includes stakeholder consultations.

The Feeds Regulations, 2024, will incorporate by reference nine documents. These nine documents, written, maintained and published by the CFIA are the following:

  1. Canadian Feed Ingredients Table: List of feed ingredients that may be used in the manufacture of mixed feeds. This document replaces Schedules IV and V in the Feeds Regulations, 1983. The Canadian Feed Ingredients Table contains all of the feed ingredients from Schedules IV and V as well as any additional ingredients that were approved since the last update of the Schedules. It has also been updated with respect to the format and some feed ingredient descriptions being updated for consistency.
  2. Compendium of Medicating Ingredient Brochures: A compendium of medicating ingredients that may be used in livestock feeds, and includes the information that must be added to feed labels when the feed contains medicating ingredients. This document was previously incorporated by reference in the Feeds Regulations, 1983. No changes to the content have been made; however, some minor formatting changes were made to provide better clarity.
  3. Compendium of Non-Feed Products: A compendium of non-feed products that may be used in livestock feeds. It also includes the information that must be added to feed labels when the feed contains one of these non-feed products. Currently the compendium includes veterinary biological and veterinary health products, but may be suitable for other non-feed products in the future. This is a new IBR document and provides greater agility to include products into feed that are not identified as feed ingredients.
  4. Tables of Nutrient Guarantees and Conditions for Feed Labels: This document includes two tables. The first table lists the guarantees that are required on the label of feeds based on the type of feed. This replaces the previous Schedule I, Table 3 of the Feeds Regulations, 1983. The second table lists optional guarantees that may also be included on the label of feeds and provides new flexibility in labelling.
  5. Tables of Permissible Claims for Feed Labels: This document contains approved claims that will be allowed on a feed label without requiring product registration provided that the conditions for the feed and the label are met. This is a new IBR document that will provide agility to make claims on feed labels without requiring registration.
  6. List of Weed Seeds and Maximum Levels for Feeds: A list of weed seeds and their maximum levels allowed in feeds and screenings. The information in this IBR document is based on the list of weeds found in Tables 1 and 2 of Schedule II of the Feeds Regulations, 1983. Updates to the maximum levels allowed in feed and screenings have been made based on discussions with internal and external stakeholders in plant health regulatory programs. These updates include removing any former weeds that are now approved as feed ingredients, updating names of weeds seeds to reflect current taxonomy and revising the list of species to reflect current species of concern.
  7. Tables of Maximum Nutrient Values for Feeds: This document contains the maximum values for minerals (e.g., calcium, phosphorus, zinc, and copper) and vitamins (e.g., vitamin A, vitamin D, and vitamin E) allowed in the total diet for livestock, based on species. This document replaces Schedule I, Table 4 of the Feeds Regulations, 1983. The previous Table 4 included minimum and maximum values as a way to exempt feeds from registration. As the new regulations use a different approach to exempting feeds from registration, the Table 4 values are no longer necessary. The new document will be used to ensure excess nutrients do not have a harmful effect on animal health, food safety, or the environment. The new document only establishes maximum values (on a total diet basis), based on scientific literature to reflect safety standards for nutrients allowed in the total diet for livestock. This change will result in more products being exempt from registration.
  8. Tables of Maximum Contaminant Levels for Feeds: This document contains the maximum levels for certain contaminants, such as mycotoxins, dioxins, furans and dioxin-like PCBs, and some heavy metals, allowed in feed for livestock. It includes contaminants that were found in Section 19 of the Feeds Regulations, 1983 and in regulatory guidance documents.
  9. List of Prescribed Deleterious Substances: This document contains a list of substances that are prescribed as deleterious substances for the purposes of Section 3 of the Feeds Act. The deleterious substances listed in the document are based on those listed in Section 4 of the Feeds Regulations, 1983.

Regulatory development

Consultation

Since 2012, the CFIA has done a considerable amount of consultation for the development of these regulations, including

A repository of proposals and consultation summary (“What We Heard”) reports are posted on the CFIA Livestock Feed Consultations on Proposed Regulatory and Policy Changes web page.

Bilateral meetings and multilateral workshops with stakeholder groups (2012–2013)

Initially, the CFIA engaged most-affected stakeholders by way of bilateral discussions and multi-stakeholder meetings, and less-affected stakeholders by way of an online discussion paper and survey. By July 2012, the CFIA had held 29 bilateral meetings with stakeholder groups and government partners. A two-day, multi-stakeholder workshop was also held in September 2012. There was general support from stakeholders for using the Codex Alimentarius’ Code of Practice on Good Animal Feeding (PDF) as a basis for safeguarding the feed supply.

Establishment of an industry-government steering group (2012–2017)

As a result of the preliminary consultation, an industry-government Feed Regulatory Steering Group was formed, representing commercial feed manufacturers, major national livestock producer associations, the CFIA, and Health Canada’s Veterinary Drugs Directorate. The Feed Regulatory Steering Group was the first point of contact for the CFIA to solicit input or feedback on regulatory modernization topics. This Steering Group also helped to form technical working groups on an ad hoc basis to discuss aspects of the feed regulatory modernization process. Meetings of the Feed Regulatory Steering Group were held on an ad hoc basis as the CFIA worked to develop different elements of the modernized framework in stages and sought the steering group’s feedback as the elements took shape.

Consultations on proposals regarding the key elements of the framework (2013–2014)

In 2013–2014, consultation documents were prepared and posted on the CFIA website and circulated to industry stakeholders to consult on specific components of the feed regulatory modernization (i.e., labelling, feed ingredient assessment and approval, and hazard identification and preventive controls).

Consultation on consolidated proposal (2016)

In 2016, a consolidated proposal was released on the CFIA website and circulated to industry stakeholders to provide a comprehensive overview of the proposed regulatory direction, to address comments and feedback received during previous consultations, and to address additional components that were not included as part of previous consultations. In addition, eight town hall sessions were held across Canada to meet face-to-face with stakeholders and share the information from the Consolidated Proposal. A report on this consultation is available on the CFIA website.

Consultations on proposed technical standards (2016–2018)

Between 2016 and 2018, technical standards proposals were developed and shared with stakeholders for review and comment to address specific components of the regulations that could be incorporated by reference. This included consultation on required guarantees, permissible claims on feed labels, veterinary biologics used in feeds, weed seed standards for feeds, maximum nutrient values for various livestock species, and maximum contaminant levels.

Consultations during targeted regulatory review process (round 1)

In 2018, the Government of Canada launched targeted Regulatory Reviews to explore opportunities to address regulatory issues and to support novel regulatory approaches in key sectors, including the agri-food sector. As part of the first round of targeted Regulatory Reviews, there were consultations seeking feedback on regulatory issues and opportunities for modernization in agri-food and aquaculture.

Through these consultations, stakeholders have urged the CFIA to modernize the Feeds Regulations based on the principle of feed safety and by moving toward a facility-based oversight scheme (versus a product-by-product regime). Industry also indicated that the current regulations have not kept pace with developments in livestock genetics, production practices, and animal nutrition.

As a result, the CFIA committed to modernizing the Feeds Regulations in the Agri-Food and Aquaculture Regulatory Review Roadmap, published in 2019.

Consultations during targeted regulatory review process (round 2)

In the second round of targeted regulatory reviews in 2019, feed stakeholders identified the need to implement digital technologies into the CFIA’s day-to-day activities to alleviate the administrative burden on the feed industry. For example, making the list of approved feed ingredients more accessible in order to easily determine if ingredients can be used for feed, and the ability to submit, and track applications for feed registrations online.

Through these regulatory changes, the CFIA will create the Canadian Feed Ingredients Table, and incorporate it by reference into the regulations. This table will combine and update Schedule IV (approved feed ingredients) and Schedule V (approved flavour ingredients) of the Feeds Regulations, 1983, and publish it on the CFIA website for easy access. In 2022, the My CFIA online portal was updated to allow stakeholders to submit feed registration applications online.

Feed stakeholders also identified the need for clear legislative authority for foreign recognition and to recognize equivalent approvals taken by other countries. Through Bill S-6 (An Act respecting regulatory modernization), the CFIA is aiming to add legislative amendments in the Feeds Act to support foreign recognition of other countries’ feed system. Lastly, the CFIA has initiated a project to consider the equivalency of feed product assessment endpoints in other jurisdictions.

Consultations in a COVID-19 pandemic context (2020)

From September 30 to November 15, 2020, stakeholders were consulted on the proposed changes to the regulatory framework. The purpose of the online consultation was to gather feedback and confirm support from industry on the proposed regulatory framework for livestock feeds; to validate potential economic impacts of the proposed regulatory changes, especially with respect to the challenges presented by the COVID-19 pandemic and, to determine where additional guidance would be required.

The consultation was developed with the participation of the Animal Nutrition Association of Canada (ANAC). Stakeholders were given an advance copy of the consultation document before it was posted on the CFIA Consultations and Engagement website for comments. Further, to increase response, external and internal listserv messages were sent out and the public and stakeholders were also informed through social media.

In total, 36 sets of written comments were received from this consultation. Six sets of comments were received from government organizations (federal and provincial), 11 sets of comments were received from livestock producer associations, 6 sets of comments were received from feed industry associations, 12 sets of comments were received from individual feed companies, and one comment was received from an international certification company. Of the comments received from individual feed companies, almost half were from small feed businesses.

Overall, the Fall 2020 consultation resulted in a continued confidence by the CFIA that there is broad support to move forward with this regulatory initiative.

Prepublication consultation following prepublication in the Canada Gazette, Part I (2021)

A 125-day public consultation period was held from June 12 to October 15, 2021, following the prepublication of the regulatory proposal in the Canada Gazette, Part I. Comments were collected during this period to seek feedback on the draft regulatory text and the incorporation by reference (IBR) documents. The CFIA published guidance documents and factsheets on its website to support public participation and also held webinars in both official languages during the consultation period to help stakeholders understand the content and impacts of the proposed regulatory changes. Over 700 participants attended the webinars and the CFIA received 88 sets of written comments on the draft regulations by the end of the consultation period.

Comments were received from

Comments were collected through the Canada Gazette’s online commenting feature and are published in the Canada Gazette, Part I, Volume 155, Number 24: Feeds Regulations, 2022.

Additionally, the CFIA notified its international partners about this consultation through the World Trade Organization (WTO) notification process. The US government submitted comments on the draft regulations outlining questions and seeking clarification on certain requirements, to which the CFIA provided a written response.

Consultation after Canada Gazette, Part I

Following Canada Gazette, Part I (CGI), additional stakeholder discussions were held to clarify feedback received. The CFIA held two stakeholder consultations to further consult on two of the documents that will be incorporated by reference.

1. Proposed changes to the Canadian Feed Ingredient Table (CFIT)

2. Proposed changes to the Tables of Permissible Claims for Feed Labels

Stakeholder views

Stakeholders are generally supportive of the new Feeds Regulations, 2024. In particular, they appreciate the move toward a more outcome- and risk-based approach. This approach supports innovation and flexibility by allowing stakeholders to develop preventive controls and other measures that meet the needs of their operation, rather than having to meet prescriptive requirements. The following elements were supported by stakeholders:

Stakeholder feedback and issues raised

This section provides an overview of the main areas of concern heard throughout the various phases of engagement, and how the CFIA is addressing those concerns.

Issue 1: Stakeholders were concerned about costs associated to implement PCPs, and how their current Hazard Analysis and Critical Control Points (HACCP) based programs and on-farm food safety programs could be used to meet these new regulatory requirements.

CFIA Response: Regulated parties that have HACCP or other similar preventive control plans in place will meet many of the new requirements. Survey data used for the cost-benefit analysis indicated that an estimated 80% of commercial feed manufacturers and 85% of on-farm feed manufacturers already have some feed safety system in place. For these commercial and on-farm feed manufacturers (who represent 2% and 75% of all affected facilities, respectively), it will be less burdensome as they can update their existing feed safety systems.

For on-farm feed manufacturers, it is important to note that the new requirements respecting hazard analysis and preventive control plans will only apply to farms that manufacture medicated feed or farms that sell feed. The CFIA recognizes that many of these farms are already part of an on-farm food safety program which requires hazard analysis and preventive control plans for many aspects of food safety. The CFIA heard from many of the producer groups that they would like to work with the CFIA to review whether the existing food safety programs would also address the new feed safety requirements. The CFIA has been working with these organizations to help ensure producers are able to meet the feed safety requirements.

The PCP requirements have a 12 month delayed coming into force to allow regulated parties time to develop or update their preventive control plans. In addition, as part of a comprehensive compliance promotion strategy, the CFIA will publish compliance promotion materials, such as updated interpretive guidance to support awareness and understanding of the requirements, as well as a model system to help support the development of PCPs. Model systems provide examples that, when properly applied, have been demonstrated to achieve compliance with regulatory requirements. These documents will be available on the CFIA website at the time of the final publication of the regulations.

Issue 2: Stakeholders indicated concerns with respect to the practicality of some of the requirements for the preventive control plan, specifically concerning cleaning and sanitation. The concerns came predominantly from small businesses and indicated that cleaning certain equipment, such as trucks, especially in the winter would be difficult.

CFIA Response: Operators are expected to ensure that existing facilities and equipment prevent, eliminate or reduce to an acceptable level any risk of contamination of the livestock feed. Operators may opt for using a combination of existing infrastructure, newly introduced design features, or other innovative measures (such as a new technology) that would bring their operations into compliance with those preventive control requirements.

To address this concern, the requirement in the regulations was clarified to indicate that cleaning and sanitation are only required when necessary to control a feed hazard. This means that if there are other approaches for addressing the hazard, such as sequencing or dedicated equipment, that would be sufficient to meet the outcome. For example, cleaning and sanitation would need to be performed if a truck was used to transport contaminated feed before it could be used again for normal feed.

Issue 3: Some stakeholders expressed concerns about the maximum levels set for certain contaminants set out in the Tables of Maximum Contaminant Levels for Feeds, specifically salmonella, dioxins, mycotoxins, and ergot. Stakeholders either questioned the rationale for the limit or had questions about future updates to these standards.

Salmonella

Some stakeholders indicated that they would like to see an approach for salmonella that more closely aligns with the US, which sets out eight pathogenic serotypes impacting five animal species instead of considering all serotypes and all species. They would also like to see options for preventative measures related to salmonella in the form of chemical agents.

Dioxins and furans

Some stakeholders were concerned that the maximum level for dioxins and furans in anti-caking agents does not appropriately distinguish between various types of anti-caking agents. In addition that these products are used at very low levels in feed, and so the maximum value for dioxins in these products is not reflective of actual safety levels.

Mycotoxins and ergot

Stakeholders indicated that they would like to see the CFIA maintain flexibility with respect to mycotoxins, especially in years when the climate has significantly impacted the levels. There were concerns that the maximum levels and approach does not result in the removal of massive amounts of livestock feeds from the market, which would negatively impact feed availability and affordability. Stakeholders also requested that the CFIA consider setting maximum levels for additional mycotoxins and ergot alkaloids.

CFIA response: These concerns were mostly raised by individual stakeholders and some small businesses. In order to better understand these concerns, the impacts, and how to best address them, the CFIA engaged with stakeholders in parallel to the comment period in the Canada Gazette, Part I.

Salmonella

The CFIA considers the detection of any salmonella serotype in feed to be a non-compliance because it presents a risk of harm to humans or animals. The CFIA’s response to a non-compliance will be commensurate to the risk associated with each serotype. This differs from the US approach where the Food and Drug Administration considers feed to be non-compliant when there is the detection of select salmonella serotypes that only pose a risk to animal health, whereas the text-center for Disease Control is concerned with serotypes that pose a risk to human health. While the approaches differ, the endpoints of protecting human and animal health align.

The CFIA has published updated guidance on salmonella in feeds that sets out expectations for industry and the CFIA’s oversight. This helps to address the concerns that the industry raised and provides flexibility to adjust the approach should additional scientific data become available. In addition, the CFIA is considering pathways for products used for the prevention or treatment of salmonella contamination.

Dioxins and furans

Dioxins and furans are persistent and dissolve readily in fats, allowing them to bioaccumulate and biomagnify in the food chain. Foods of animal original are estimated to represent over 90% of human exposures from all sources to dioxins and furans. The Government of Canada is a signatory party to several international agreements focused reducing levels of dioxins and furans, among other persistent organic pollutants with a goal of virtual elimination of dioxins and furans in Canada.

The maximum levels for dioxins were established to limit dioxin accumulation in foods of animal origin, thereby reducing human exposure. As these maximum contaminant levels are set out in an IBR document, the levels can be updated as new scientific literature becomes available.

Mycotoxins and ergot

The levels that are set in the Tables of Maximum Contaminant Levels for Feeds are based on the total diet for each species. This approach should provide flexibility which will allow producers and feed manufacturers to continue to employ their expertise in managing mycotoxins with effective methods that ensure that total dietary rations are safe for both animals and humans. In addition, the CFIA intends to continue reviewing information on other mycotoxins and ergot with the intent of setting additional maximums for these. Any changes to the Tables of Maximum Contaminant Levels for Feeds will only be made following consultation with stakeholders.

Future updates to the list of contaminants

CFIA would propose changes to maximum contaminant levels should new information show that a change is necessary in order to reduce the risk to feed or food safety. This information could come from the CFIA’s own data (e.g., obtained through surveillance or feed contamination events) or from industry. Engagement with stakeholders would take place before any changes are made, as described in the CFIA IBR Policy.

Issue 4: Concerns were raised about the maximum nutrient values set out in the Tables of Maximum Nutrient Values for Feeds IBR-document. Specifically, questions were asked about the ability to use higher levels of nutrients in feed, specifically: zinc in piglet feeds; vitamin D in laying hen feeds; and vitamin D and selenium in fish feeds.

CFIA response: These concerns were well understood prior to publication of the proposed regulations in Canada Gazette, Part I. Maximum nutrient values are set out in the Tables of Maximum Nutrient Values for Feed, a document that is being incorporated by reference into the regulations through this initiative. Future amendments could be considered and made in the future to adapt to industry concerns or new scientific information. Amendments would be made following the principles in the CFIA’s Incorporation by Reference Policy, including the requirement to undertake stakeholder consultations.

The concern around vitamin D and selenium, for both fish and poultry, is that certain levels could lead to food fortification, which is not allowed under the Food and Drugs Regulations without a specific permission. It was determined that both the vitamin D and selenium levels that were proposed for fish feed were unlikely to result in any unacceptable levels of fortification. However, it was determined that proposed values for vitamin D in laying hen feeds would likely lead to fortification of eggs. The maximum nutrient value for vitamin D in laying hens in the IBR document reflects this assessment. Any higher levels would need to be authorized by Health Canada prior to use.

In regard to zinc in piglet feeds, it is well recognized that high levels of zinc, through customer formulas, are used to help control post-weaning diarrhea in young piglets. The typical practice is to use zinc for a few weeks during the post-weaning period. Therapeutic uses of feed ingredients, such as zinc oxide for diarrhea control are not considered a feed purpose and are regulated as veterinary drugs under the Food and Drugs Regulations. With this in mind, the IBR document reflects the nutritional value for zinc, and industry will be given two additional years to meet this new level.

Issue 5: Stakeholders expressed some concerns regarding challenges in meeting the requirement to have health and safety-related information on feed labels in both official languages. In particular, the challenges were due to the limited amount of space available on labels.

CFIA Response: The bilingual labelling requirements will respect obligations under the Official Languages Act and will respond to concerns raised by the Standing Joint Committee for the Scrutiny of Regulations. The requirement for bilingual information does not apply to all information on the label, it is limited to information relating to health and safety.

A 12-month transition period for these requirements will allow old labels to be used up before new ones need to be printed. The majority of the information that will be required in both languages will be available in the Compendium of Medicating Ingredient Brochures and the Canadian Feed Ingredients Table which will limit the amount of information that needs to be translated.

Issue 6: Stakeholders provided feedback during Canada Gazette, Part I consultation on a few of the labelling requirements, specifically:

CFIA response: The regulations were updated to address these labelling concerns based on the feedback received, as follows:

Issue 7: Stakeholders expressed that the three-year record retention requirement would be too burdensome.

CFIA response: To address these concerns, the regulations were amended by reducing the record retention period to two years from three years. This will still allow a sufficient amount of time for tracing a feed through the system in the event of a recall or trace-back and reduce the administrative burden on feed operators. In addition, records may be kept in an electronic format.

Note that feeds that meet the definition of “animal food” under the Health of Animals Regulations will still be subject to the 10-year record retention period.

Issue 8: Concerns were raised about record keeping at retail outlets. Small feed retailers indicated that recording lot numbers would be challenging and result in administrative burden given the nature of the business.

CFIA response: To address this concern, the requirement for recording the lot number for retail sales was removed from the regulations, reducing administrative burden. Retail sales will require that purchaser information is recorded; however, it would not need to be linked to a specific lot. In the event of a recall, this could lead to a larger scope of products being implicated, any customer who may have purchased the affected lot would need to be contacted.

Based on feedback from horse retailers, the regulations were also amended to remove the requirement to keep any records of retail sales for horse feeds (complete feed and supplements) in packages of 25 kg or less, and for all treats intended for livestock, including horses. As these feeds are typically intended for pet or performance horses, there are minimal food safety risks associated with this change. Should a recall of a horse feed be required, a more public communication approach would be required as it would not be possible to contact the purchasers directly.

Issue 9: Stakeholders expressed some concerns that the exemption in the Feeds Act provided to livestock producers who manufacture livestock feeds on-farm did not provide a fair playing field and presented risks to feed and food safety.

CFIA Response: Section 4 of the Feeds Act provides an exemption from the application of the Feeds Act and Regulations for feeds that are manufactured and used on-farm (not sold off the farm), and that do not contain any medicating ingredients or any substance that presents a risk of harm to human or animal health or the environment.

The Feeds Act is outside the scope of these regulatory amendments, and modifications to exemptions in the Feeds Act are not being considered at this time. As a result, the status quo is being maintained. This means that the exemption will continue to apply only applies to non-medicated feeds being made for use on-farm, and feeds that are manufactured on-farm that contain medicating ingredients and feeds that are made on-farm and sold off the farm will to subject to the Feeds Regulations, 2024.

Issue 10: Concerns were raised by feed exporters that the proposed regulations would have captured many products destined exclusively for export. Specifically, all feed ingredients destined for export would have been required to be approved by the CFIA before being eligible for export, unless they are already approved for use in feed in Canada. Many exported feed ingredients are not currently approved for use in feed in Canada; therefore, this could have led to trade disruptions and undue burden on exporters.

CFIA Response: The proposed regulations unintentionally captured many feed products destined for export. The intent of the proposed regulations was to mitigate environmental risks associated with novel feed ingredients, according to CEPA requirements. In response to stakeholder feedback, the regulatory text was adjusted to clarify the scope of products destined for export that are subject to approval requirements while still meeting CEPA objectives. Under the revised scope, novel viable organisms, feeds with novel traits, and feeds that include novel products of biotechnology will need to be approved prior to export, unless those products are already approved, authorized, or deemed acceptable for sale under the CEPA, under an Act listed in schedule 2 or 4 of the CEPA, or under certain parts of the Food and Drugs Act. The revised regulatory text is in line with the policy objective of the regulations and mitigates the impact on stakeholders to be able to export feed ingredients. It does not change requirements of domestic feed approvals.

Modern treaty obligations and Indigenous engagement and consultation

As required by the Cabinet Directive on the Federal Approach to Modern Treaty Implementation, the possible treaty implications of the regulatory amendments were assessed. No such implications were identified, including with respect to the issue of jurisdiction.

Instrument choice

A range of regulatory and non-regulatory options were considered, including the baseline scenario and any other feasible regulatory and non-regulatory actions. The regulatory amendments were chosen as the instrument of choice to address the issue.

Baseline scenario (no change)

In the baseline scenario, the CFIA would continue to administer the feed regulatory framework that is highly prescriptive, reactive rather than preventative, and based on final product requirements, which would not benefit from more up-to-date approaches based on risk and outcomes. This option would not provide a more level playing field between domestic and imported feeds (i.e., in which most domestic feeds would remain exempt from registration, but all imported mixed feeds would continue to require it). In addition, compliance of imported feeds would continue to occur via the registration process, which is required before a product can be imported. The registration of such imported feeds is considered to be burdensome by industry and not “World Trade Organization-friendly” by the US feed industry. Furthermore, it does not align well with the principles and outcomes of the Integrated Agency Inspection Model that sets out a standardized and consistent approach to inspection oversight.

The CFIA would continue to exempt feeds for export from Canada from the scope of the Feeds Act and Regulations. While this option would maintain the minimal level of regulatory burden on feed exporters and align with the US approach, it may serve to limit broader market access for Canadian livestock feeds internationally, given the limited government oversight that would apply to feeds in export trade.

Regulatory amendments (preferred option)

It is only through regulatory changes that the existing prescriptive and outdated regulations can be updated to move toward a more outcome-based and risk–based approach as requested by stakeholders. The new Feeds Regulations, 2024, include requirement for the development and implementation of preventive controls, provide an updated and more transparent feed approval and registration process, and update feed standards and labelling requirements. Similar to the Safe Food for Canadians Regulations, the regulations introduce a new licensing scheme that will require that operators of establishments who send or convey feeds across provincial borders, who export feeds or engage in activities related to feeds that have been imported for sale, to have a licence and comply with any conditions set out in the licence.

In addition, this regulatory option aligns with the principles of the Integrated Agency Inspection Model. The Integrated Agency Inspection Model principles are based on the premise that industry is responsible for its products and processes and must demonstrate ongoing compliance with legislative requirements and that approaches should be flexible to accommodate the complexity and size of an operation. A consistent regulatory approach of CFIA-regulated commodities will allow for a more consistent inspection and enforcement approach. Such an approach is beneficial to stakeholders and the CFIA, as it allows for a greater understanding of compliance requirements and enforcement outcomes. The regulatory amendments also align with desired outcomes such as licences and preventive control plans, and allows for a combination of oversight mechanisms for imports (via a licence or by product registration with the CFIA).

Finally, new regulations will respond to stakeholder feedback to modernize the Feeds Regulations, to take advantage of the latest developments for feed and animal nutrition, and move toward a more outcome, facility-based oversight scheme (versus a product-by-product regime). A commitment to modernizing the Feeds Regulations was made in the Agri-Food and Aquaculture Regulatory Review Roadmap, and updated regulations would address this commitment.

Regulatory analysis

Benefits and costs

The purpose of this section is to compare the baseline and regulatory scenarios and assess the incremental impacts (i.e., benefits and costs). The baseline scenario is the current regulatory framework with no change to the regulations. The regulatory scenario is the future regulatory framework when these regulatory amendments come into force.

Complete descriptions of this assessment methodology are fully documented in a cost-benefit analysis (CBA) report, which is available from the CFIA by request.

Changes from the Canada Gazette, Part I, to the Canada Gazette, Part II, Publication

The following changes have been made to the CBA for the final publication of the regulations:

The change to the facility counts had the biggest impact on the estimated incremental impacts, yielding an overall decrease in both costs and benefits compared to CGI. To a lesser extent, the change in the methodology for estimating costs to the CFIA and the other minor methodological corrections also decreased the incremental cost estimates. However, these changes were offset by the change from using 2017 to 2022 Canadian dollars, which increased all values in nominal terms.

The following adjustments were made to the regulatory requirements from CGI to CGII but did not result in any changes to the CBA:

The number of affected stakeholders is represented by the number of establishments in the following table:

Table 1: Number of affected establishments
Stakeholder type Total number of establishments
Commercial feed manufacturers 415 table d1 note a
Ingredient manufacturers 2 619
On-farm feed manufacturers 15 359 table d1 note b
Feed retailers/distributors 2 107 table d1 note a
Total 20 500

Table d1 note(s)

Table d1 note a

CFIA inspection database.

Return to table d1 note a referrer

Table d1 note b

Statistics Canada’s 2021 Census of Agriculture estimated that there are 76 796 farms in Canada that are raising live animals such as cattle and pigs. The CFIA subject matter experts estimated that approximately 20% of these farms are making medicated feeds on site and may potentially be impacted by the regulations.

Return to table d1 note b referrer

Baseline scenario versus regulatory scenario

Due to the scope of the amendments, only key elements of the baseline and regulatory scenarios are described below.

Preventive control and preventive control plan requirements

Preventive controls and preventive control plans will be a new regulatory requirement for the feed industry. The feed industry has worked to establish sector specific, voluntary feed and food safety programs in recent years (e.g., FeedAssure®). It is estimated that 73% of all impacted stakeholders participate in these voluntary programs, or have some other type of PCP-like plan. These voluntary programs are based on hazard analysis and critical control points (HACCP) principles, the focus being largely on food safety risks and controls. The new preventive control and preventive control plan requirements are also based on hazard analysis and critical control points principles and will be mandatory across the feed industry. None of the current voluntary feed and food safety programs fully meet the new requirements, as the new requirements will be broader in scope.

Table 2: Preventive control and preventive control plan requirements
Baseline scenario Regulatory scenario
May or may not be enrolled in voluntary feed safety programs, such as FeedAssure® Mandatory preventive controls and preventive control plans
Traceability requirements

The introduction of traceability and record-keeping requirements is in line with international standards established by the Codex Alimentarius. The Codex standard calls for traceability of feed one-step forward to the immediate customer and one-step back to the immediate supplier.

Stakeholders affected by these traceability requirements are required to perform record-keeping activities. These stakeholders must prepare, keep, and maintain documents which contain the required information. This approach provides stakeholders with the flexibility to develop a record-keeping procedure which best suits their available resources, such as on paper or electronically. A simple template in which each piece of traceability information is a category header could be kept on paper or digitally. This information must be retained for every feed supplied to them or by them.

The required traceability information is as follows:

Additional guidance documents will be provided by the CFIA to affected stakeholders to assist with the development of these record-keeping documents.

Currently, the majority of the establishments already keep traceability records. It was estimated that 94% of commercial feed manufacturers, 99% of feed ingredient manufacturers, 99% of on-farm feed manufacturers, and 98% of feed retailers already keep traceability records. It follows that these regulated parties have already developed a template or system for keeping these records.footnote 9 However, not all of these regulated parties have all of the basic record-keeping practices necessary to facilitate timely feed safety investigations, recalls or withdrawals of non-compliant feeds from livestock before they are consumed. The CFIA is providing a template to aid in developing new and modifying existing record-keeping practices, which will make it easier for stakeholders to comply with the new traceability requirements.

Table 3: Traceability requirements
Baseline scenario Regulatory scenario
Voluntary Mandatory for everyone who sells feeds
Licensing regime

There is currently no licensing regime under the Feeds Regulations, 1983. A new licensing regime will apply to stakeholders that conduct prescribed activities such as manufacturing, storing, processing, packaging, labelling, and selling with a feed that has been imported for sale or will be exported and/or conveyed from one province to another. As well, these licences will need to be renewed every two years. There will be a fee to stakeholders to apply for feeds licences (new and renewals), but this fee will be determined based on a subsequent amendment to the CFIA Fees Notice.

Table 4: Licensing regime
Baseline scenario Regulatory scenario
No licensing regime New licensing regime will apply to stakeholders that conduct prescribed activities with feed that is imported for sale or will be exported and/or conveyed from one province to another
Product registration requirements

This regulatory amendment introduces licensing and preventive control requirements which are estimated to reduce the number of product registration applications by 41%. This reduction in product registrations will result in compliance cost savings for stakeholders.

Table 5: Product registration requirements
Baseline scenario Regulatory scenario
Registration required for all mixed feed except complete feeds, feed ingredients, and some supplements and macro-premixes Reduced product registrations and approvals
Labelling requirements

Labelling requirements currently exist for all feeds and feed ingredients. As part of the new regulations, all feeds will still require a label with basic labelling information. There will be additional labelling requirements to include an identification code and bilingual health and safety information.

Table 6: Labelling requirements
Baseline scenario Regulatory scenario
Basic labelling requirement (e.g. product type) for all feeds and feed ingredients Additional identification codes and bilingual health and safety information

Description of benefits and costs

This section provides a brief description of benefits and costs. Benefits and costs are monetized or assessed qualitatively.

Monetized benefits for industry
Reduction in application time related to product registrations

The regulations will reduce the number of products required to be registered with the CFIA; thus, the industry will avoid the time required to prepare and submit required documents to the CFIA. It is estimated that the number of product registrations will reduce by 41% as a result of these regulatory changes.

Avoidance of product registration fees

The regulations will reduce the number of feed products required to be registered with the CFIA; thus, the industry will avoid ongoing fees associated with product registration. As with the avoided time to submit applications, there will be about a 41% reduction in product registration fees incurred by industry.

Monetized benefits for the CFIA
Reduction in product registrations

The CFIA will have to process fewer applications for product registration.

Qualitative benefits for Canadians
Improved quality and safety of feeds for animal and human health

Feeds represent significant costs for the production of livestock and also play an important role in contributing to their health and productivity. The regulatory requirements will improve the quality and safety of feed, which could lead to a reduction of contaminated feeds and recalls. Any such reduction in contaminated feed will reduce the feed safety risk to animals and to consumers of food products of animal origin. The requirement for health and safety information (e.g., caution and warning statements) to be in both English and French languages will improve the accessibility of important information for all Canadians who purchase feed.

An integrated risk management exercise carried out by the CFIA estimates that impacts of a feed or food safety incident could range from $2 million to over $2 billion depending on the scale of the event.

Increased public confidence in feed quality and safety

Consumers, food processors and livestock producers will have increased confidence in the quality and safety of feed, as it will be produced in a manner that is more likely to ensure feed safety. In addition, there will be increased confidence in the feed supply chain due to the traceability requirements, as products could be identified and traced more easily.

Qualitative benefits for industry
More levelled playing field for the feed industry

Currently, some establishments are required by their associations to maintain a feed safety plan and traceability records (while others are not). This is one example of why operations vary across commercial feed manufacturers and feed ingredient manufacturers. To address these regulatory inconsistencies, the regulations will establish consistent requirements for all operations. Additionally, improving Canadian requirements such that they align more closely with trade partners increases the ease of market access for all Canadian producers of feed. This will enable a more inherently level playing field for the industry as a whole.

More timely and improved market access

With reduced product registration, commercial feed manufacturers and feed ingredient manufacturers will have more timely access to domestic markets. Moreover, the CFIA will provide a publicly available list of permissible claims and guarantees, which will allow specialty feeds or other mixed feeds to be exempt from product registration. Also, domestic and imported feeds will be treated equally by the CFIA in terms of the need for registration and the associated requirements (if applicable).

More efficient and effective feed safety recalls

Traceability requirements will allow recalls to be conducted in a more efficient and effective manner. This is because the traceability information will be more readily available and precise than with the current regulatory requirements. The traceability requirements will reduce the scope and duration of feed recalls or feed safety investigations.

Increased labelling flexibility and accessibility

There will be more flexibility provided for claims and non-mandatory guarantees on feed labels. Manufacturers of mixed feeds could choose to provide additional label information to highlight specific qualities of their feeds, such as additional nutrient guarantees or product claims that presently trigger product registration. This approach will enable innovation and allow manufacturers to differentiate their feeds in a competitive environment.

In addition, requiring that health and safety information (e.g., caution and warning statements) be in both English and French languages may help feed manufacturers access some Canadian markets more easily where only English or French is used.

Qualitative benefits for the CFIA
Improved feed and food safety approach

Currently, the CFIA uses different regulatory approaches to achieve compliance with respect to the safety of livestock feed and foods of animal origin intended for human consumption. In the regulatory scenario, there will be a consistent approach and regulatory oversight for feed based on risk, so inspectors will be able to identify potential risks before they compromise feed safety.

New licensing regime to support compliance and enforcement

With the introduction of a new licensing regime, the CFIA will have improved knowledge of feed industry stakeholders who participate in licensable activities. In addition, during the licence application process, the CFIA will be able to request additional information about which establishments are involved in higher and lower risk activities. This will allow the CFIA to better allocate existing resources for compliance and enforcement based on an establishment’s risk level.

The licensing requirement will also provide the CFIA with an additional enforcement tool, including the potential for licence suspension or cancellation if there is a health or safety risk.

Monetized costs for industry
Development and modification of preventive control plans

Businesses that do not currently have any feed safety program will be required to develop preventive control plans. Additionally, businesses that currently have a feed safety program in place will need to modify their programs to be fully compliant with the regulatory requirements.

Implementation of preventive controls

Costs will include implementation of preventive controls, training for employees, and record-keeping. The magnitude of this cost will be dependent on current industry practices, since some establishments have already implemented many of the requirements.

Review of preventive control plans

This is the estimated cost of reviewing the preventive control plans, which the analysis assumes to occur annually.

Development of traceability (record-keeping) system

The new traceability component of these regulations is the time to develop a record-keeping system.

Traceability record-keeping

Businesses will have to spend time keeping records on each feed they purchase and sell.

Licence applications: fees and administrative costs to prepare applications

In the regulatory scenario, there will be licensing requirements for businesses that are involved with feeds imported for sale, or feeds exported or being conveyed from one province to another. Licences will need to be renewed every two years. Stakeholders who require licences will therefore pay licence fees every other year, and they will incur administrative costs associated with preparing and submitting licence applications and any other required documents to the CFIA. For the purpose of the CBA only, the fee for licence applications (new and renewals) is assumed to be $260.09 in 2022 Canadian dollars. The actual licence fee will be determined separately following stakeholder consultation.

Label modification

Businesses will have to spend time modifying their current labels to include bilingual health and safety information and ensure the identification code or lot number is on the label or packaging for their livestock feeds.

Monetized costs for the CFIA

The CFIA will incur transition and ongoing incremental costs associated with this regulatory amendment. The transition costs are those which will be completed by the end of the transition period. The long-term costs are a result of ongoing activities which the CFIA will maintain in order to support these regulations.

Transition costs
Ongoing costs:

There will be no incremental costs associated with inspections of the new regulatory requirements. Compliance and enforcement (C&E) resources are already in place and these regulatory changes are not expected to result in increased C&E activities. The CFIA will continue to take a risk-based approach in supporting compliance and enforcement.

Methodology

This section briefly describes the methodology, key data sources and key assumptions used to estimate the monetized benefits and costs.

Model parameters and assumptions

The key assumptions and parameters that were used in this cost-benefit analysis include the following:

Key data sources

The key data sources that were used in this cost-benefit analysis include the following:

Monetized benefits and costs

The approaches used to monetize the most significant impacts are discussed below. The “One-for-one rule” section contains details on the monetized administrative costs and benefits.

Monetized benefits for industry
Reduction in product registrations

There are approximately 2 000 product registration applications received annually by the CFIA, including 1 200 initial applications and 800 renewal applications. CFIA subject matter experts estimated that there will be an annual 41% reduction in product registrations for both initial and renewal applications.

Based on CBA survey results, it takes 1.5 hours, on average, to prepare and submit the required documentation for an initial product registration application package and 30 minutes for a renewal application package.

Avoided product registration feesfootnote 13,footnote 14

There is a range of fees for new, renewal, and amendment applications, as listed in Part 4 of the CFIA Fees Notice. Due to the reduced number of product registrations, the industry would pay fewer fees.

Monetized benefits for the CFIA
Reduction in product registrations

The CFIA will receive less fee revenue and will expend less effort processing product registration applications as a result of this regulatory modernization. By comparing the forgone revenue with the avoided application processing effort, the CFIA is estimated to save approximately $1,674 per new application and $288 per renewal application. Overall, the number of product registrations are expected to decrease by 41% compared to the baseline scenario. Approximately 492 new product registrations and 328 renewals will be avoided per year in the regulatory scenario.

Monetized costs for industry
Development of preventive control plans

The work to develop or modify a preventive control plan would be performed once by a manager at the beginning of period 2. The CFIA is developing interpretive guidance material in an effort to assist businesses with this requirement.

Integral to the preventive control plan costs is data regarding the number of stakeholders who currently have a preventive control plan in place, and those who do not (see Table 7). The CBA inputs, as found in Table 8, detail the number of hours to develop and modify a preventive control plan as experienced by small and medium to large-sized businesses.

Table 7: Current industry status on the feed safety program
Affected stakeholders Number with an existing feed safety program Percent with an existing feed safety program Number without feed safety program Percent without feed safety program Total
Commercial feed manufacturers 332 80% 83 20% 415
Ingredient manufacturers 1 309 50% 1 309 50% 2 169
On-farm feed manufacturers 13 055 85% 2 303 15% 15 359
Feed retailers/distributors 211 10% 1 896 90% 2 107
Table 8: Hours to develop and modify PCPs by establishment
Small business Medium to large business
Affected parties Hours to develop Hours to modify Hours to develop Hours to modify
Commercial feed manufacturers 308 85 336 41.4
Ingredient manufacturers 40 9 80 18
On-farm feed manufacturers 92.4 25.5 100.8 13.8
Feed retailers/distributors 21 5.25 42 10.5

Note: Data was calculated as industry averages based on CBA survey results.

Implementation of preventive controls

Preventive control tasks will include training, performing feed safety-related activities, and record-keeping. The magnitude of this cost will be dependent on current industry practices. Businesses with a feed safety program (see Table 7) are already implementing some of the activities. However, they will require some additional time to be fully compliant with the requirements. Businesses without a feed safety program will begin to implement preventive controls and the amount of time required was assumed to be the same as the amount of time required for survey respondents who are already implementing feed safety programs.

Table 9 below presents the survey results used to estimate the time required for the implementation of preventive controls.

Table 9: Survey results on implementation of preventive controls
Affected stakeholders Current training hours/year Additional training hours/year Current hours/week for implementation Additional hours/week for implementation Current
record-keeping hours per week
Commercial feed manufacturers 4.7 0.9 21.7 4.7 9.5
Ingredient manufacturers 3.9 1.6 11.1 6.8 6.0
On-farm feed manufacturers 1.2 0.2 6.3 1.2 3.2
Feed retailers/ distributors 3.3 0.7 2.5 1.0 2.5

It was assumed that regulated parties will start to gain efficiency in implementing these preventive control activities over time. It is expected that small businesses will face greater challenges in understanding and fulfilling their compliance obligations than larger establishments. Therefore, the analysis assumed that small businesses will spend 50% less time implementing preventive controls starting in year 4 while medium-to-large businesses will spend 50% less time starting in year 3.

Review of preventive control plans

Preventive control plans will need to be routinely reviewed to ensure that they consider all of the variable PCP impacts that occur throughout the year and as time passes. This impact is calculated by considering the time to review the plan and the wage of the manager performing the review. Table 10 details the time spent to review the PCP plan on an annual basis beginning in year 3 after publication of these regulations.

Table 10: Annual PCP Review Time
Affected stakeholders Small business (hours/year) Medium to large business (hours/year)
Commercial feed manufacturers 27 50
Ingredient manufacturers 12 17
On-arm feed manufacturers 8.1 15
Feed retailers/distributors 19 33
Development of traceability system and traceability record-keeping

Businesses will have to keep traceability records. This may include setting up a template for recording information. This template will need to include information (e.g., feed product name and date of purchase/sale) for each feed supplied to or by them. Based on the CFIA subject matter experts, it is assumed that developing a traceability document will take an average of five minutes to create as additional guidance documents will also be provided to affected stakeholders to assist with the development of the template.

The traceability record keeping cost was estimated based on the amount of additional time that a business will need to keep all of the purchases and/or sales records (see the “One-for-one rule” section for more information).

Label modification

A feed label will need to include the bilingual health and safety information and the label or package must include an identification code. It will be a one-time cost because the industry survey results showed that this information could be added into the computer system once and automatically applied to all future feed labels.

According to the CFIA subject matter experts, all affected parties will need to make changes to their feed labels to meet the requirements. Therefore, the survey collected data on the number of affected labels and the additional time required to adjust the current labels to be fully compliant. These survey results are summarized in the following table:

Table 11: Survey results on label modification
Affected stakeholders Average number of affected labels per establishment Additional hours per bilingual label Additional hours per label identification code Other costs table e6 note a per label ($)
Commercial feed manufacturers 535.5 0.4 0.1 26.5
Ingredient manufacturers 14.7 0.3 0.1 0
On-farm feed manufacturers 0 N/A N/A N/A
Feed retailers/ distributors 3.0 0.3 0.1 0

Table e6 note(s)

Table e6 note a

Costs associated with the modification, such as buying new software, extra printer and ink.

Return to table e6 note a referrer

It is assumed that there will be efficiency gains from modifying labels to comply with the identification code and bilingual labelling requirements at the same time. This is consistent with the findings from other CFIA regulatory labelling initiatives. The analysis assumed that time spent on the addition of identification codes will be reduced by 50% if these two changes are incorporated at the same time, and it is assumed that all stakeholders who are required to make both of these changes will do so simultaneously to reduce compliance burden.

Cost-benefit statement

Table 12: Cost-benefit statement

Monetized costs
Impacted stakeholder Description
of cost		 Period 1 Period 2 Period 10 Total
(present value)		 Annualized value
Industry Preventive controls and preventive control plans $0 $150,732,666 $53,258,515 $477,437,494 $67,976,358
Traceability $0 $2,836,711 $2,835,529 $18,475,236 $2,630,458
Labelling $0 $7,025,544 $0 $6,565,929 $934,841
Licensing fees and admin time $0 $554,114 $554,114 $2,011,738 $286,426
Review of regulations $0 $3,575,654 $0 $3,341,733 $475,788
Government Transition costs
(e.g., training, developing guidance, information sessions)		 $1,394,216 $109,723 $0 $1,496,761 $213,105
Ongoing costs
(e.g., incorporation by reference, net licence processing costs)		 $334,391 $4,827,158 $4,827,158 $18,385,439 $2,617,673
All stakeholders Total costs $1,728,607 $169,661,571 $61,475,317 $527,714,330 $75,134,648

Table e7 note(s)

Table e7 note *

Note: the CFIA Fees Notice is currently under review and the actual licence fee will be determined following stakeholder consultation. This analysis uses an assumed a licence fee of $260.09 in 2022 Canadian dollars, and fees charged to businesses are assumed to reflect 10% of the costs to the CFIA to provide the service.

Return to table e7 note * referrer
Monetized benefits
Impacted stakeholder Description of benefit Period 1 Period 2 Period 10 Total
(present value)		 Annualized value
Industry Reduced time on product registration applications $51,844 $51,844 $51,844 $389,618 $55,473
Reduced product registration fees $102,092 $102,092 $102,092 $767,249 $109,239
CFIA Reduced effort to review and approve product registrations $918,832 $918,832 $918,832 $6,905,237 $983,150
All stakeholders Total benefits $1,072,768 $1,072,768 $1,072,768 $8,062,104 $1,147,862
Summary of monetized costs and benefits
Impacts Period 1 Period 2 Period 10 Total
(present value)		 Annualized value
Total costs $1,728,607 $169,661,571 $61,475,317 $527,714,330 $75,134,648
Total benefits $1,072,768 $1,072,768 $1,072,768 $8,062,104 $1,147,862
NET IMPACT $655,838 $168,588,803 $60,402,548 $519,652,226 $73,986,786
Qualitative impacts

Canadian public:

Industry:

CFIA:

Sensitivity analysis

A sensitivity analysis attempts to deal with the uncertainty that is inherent in the estimates and in predicting the future. Sensitivity analysis involves changing key parameters and assumptions and assessing how these affect the costs and benefits of the regulatory amendments.

The first approach for the sensitivity analysis was to vary the discount rate used to estimate the annualized values. The medium estimate of 7% used in the cost-benefit analysis was changed to 3% and 10%.

The second approach was to vary the costs for on-farm feed manufacturers. This variable was chosen because on-farm feed manufacturers are the largest group among all affected stakeholders, thus any variation in their costs will significantly affect the total costs of the regulations. Moreover, the CFIA did not receive any survey responses from on-farm feed manufacturers with costing data related to the preventive controls and preventive control plan requirements, and there were no objections to our assumptions. Therefore, the analysis utilized the survey results for commercial feed manufacturers as a starting point for estimating the costs to on-farm feed manufacturers. Consequently, there is a possibility that the estimated costs for on-farm producers are different from the central results.

However, the costs associated with preventive controls and preventive control plans to on-farm feed manufacturers will be significantly lower than for commercial feed manufacturers for the following reasons:

The medium estimate used in the cost-benefit analysis assumed that on-farm feed manufacturers will experience 70% less cost than commercial feed manufacturers on a per-activity basis. The sensitivity analysis then used the following rates:

The results of the sensitivity analysis are shown in the following table. The range of the annualized net costs is between $48.4 million to $101.0 million. In each case the values are expressed in constant 2022 Canadian dollars, and were calculated using period 1 (2024) as the discount base year.

Sensitivity Case 1: On-farm feed manufacturers incur 70% less costs than commercial feed manufacturers
Discount rate Annualized benefits Annualized costs Annualized net costs (costs minus benefits)
7% $1,147,862 $75,134,648 $73,986,786
3% $1,104,951 $71,499,288 $70,394,337
10% $1,180,045 $77,815,307 $76,635,261

Note: the top row in this table aligns with the central case presented in the CBA summary statement.

Sensitivity Case 2: On-farm feed manufacturers incur 50% less costs than commercial feed manufacturers
Discount rate Annualized benefits Annualized costs Annualized net costs (costs minus benefits)
7% $1,147,862 $98,578,687 $97,430,824
3% $1,104,951 $93,718,809 $92,613,858
10% $1,180,045 $102,164,056 $100,984,011
Sensitivity Case 3: on-farm feed manufacturers incur 90% less costs than commercial feed manufacturers
Discount rate Annualized benefits Annualized costs Annualized net costs (costs minus benefits)
7% $1,147,862 $51,944,768 $50,796,906
3% $1,104,951 $49,523,688 $48,418,736
10% $1,180,045 $53,728,114 $52,548,069
Conclusion

The estimated monetized costs to repeal the Feeds Regulations, 1983 and replace them with the Feeds Regulations, 2024, are $527.7 million in present value over 10 years, or $75.1 million annualized. Costs related to preventive controls and preventive control plans represent approximately 94% of the incremental costs to the Canadian feed industry, with the remaining 6% linked to traceability, labelling, and licensing requirements. The CFIA will incur costs associated with developing and delivering intra-agency training, updating IBR documents, processing licence applications (net of fees received), Automated Import Reference System (AIRS) updates, and for planned compliance promotion activities such as presentations and town hall meetings.

The estimated monetized benefit of the regulatory amendments will be $8.1 million in present value over 10 years, or $1.1 million annualized. Industry will have fewer products that require registration; therefore, they will have fewer fees to pay and will spend less time filling out application forms. The CFIA will benefit from spending less time processing product registration applications.

Many benefits associated with the modernized Feeds Regulations could not be monetized. However, these qualitative benefits are substantial. First, these amendments will support the protection of public health and animal health by reducing feed and food safety risks, which will increase the confidence in the Canadian feed supply chain. Compliance with these new regulatory requirements can increase the efficiency and reduce the costs of recalls, and may also reduce contamination events that can lead to animal or human illness. Furthermore, these regulatory changes will create a levelled-playing field for the feed industry. Other benefits include increased international alignment, a consistent and more effective feed safety approach to inspection and oversight by the CFIA, and an enhanced reputation for Canada as a global feed safety leader.

Given the difficulties in monetizing many of the benefits, the overall result is a monetized net cost (i.e., costs minus benefits) of $519.7 million in present value over 10 years, or $74.0 million annualized.

Small business lens

The small business lens applies as there will be costs for small businesses to comply with the regulations. Approximately 97% of affected stakeholders are considered small businesses.

The CFIA has undertaken significant consultation with stakeholders, including small businesses, since 2013. The CFIA is sensitive to the needs of small businesses and is aware of the importance of finding the right balance between feed safety and costs to businesses. Therefore, the CFIA has included in its regulatory amendments some flexibility that is expected to reduce the potential costs to small businesses.

The following provisions will be included as part of the regulatory change:

In addition, the CFIA will provide the following to help small businesses with compliance:

Since most businesses in the Canadian feed industry are small, it is expected that small businesses will incur most of the incremental costs associated with these regulatory changes. However, on a per-business basis, incremental costs are partially proportional to business size. For example, while most costs are associated with PCPs, smaller facilities are expected to have less complex PCPs and fewer employees to train compared to medium and large facilities.

The incremental monetized cost will be approximately $64.9 million annualized for all small businesses, or $4,097 per impacted small business. Compliance costs include the development, modification, implementation and annual review of preventive controls and preventive control plans, development of a traceability template, modification of labelling, reviewing regulatory compliance requirements, and licensing fees, totalling $62.3 million annualized. The administrative costs include time for the companies to read and review the administrative requirements in the Feeds Regulations, 2024, time to prepare and submit licence applications, and for record-keeping (traceability), totalling an estimated $2.5 million annualized. The annualized incremental monetized benefits will be $154,819 because of fewer product registrations, which will yield fee savings to industry, as well as less time required to fill out applications. The resulting net cost will be $64.7 million annualized for all small businesses or $4,087 annualized per impacted small business.

Table 13: Small business lens summary (Can$, 2022 prices)

Compliance costs
Activity Annualized value Present value
Preventive controls and preventive control plans $60,773,190 $426,845,458
Traceability development $152 $1,069
Labelling modification $903,841 $6,348,204
Licence fees $201,297 $1,413,829
Regulatory review time (compliance) $437,290 $3,071,342
Total Compliance Costs $62,315,772 $437,679,903
Administrative costs
Activity Annualized value Present value
Regulatory review time (administrative) $16,751 $117,651
Traceability implementation $2,517,428 $17,681,364
Licence application $14,828 $104,146
Total administrative costs $2,549,007 $17,903,162
Benefits
Totals Annualized value Present value
Reduction in product registrations $154,829 $1,087,455
Net Impacts (Compliance and administration costs and benefits)
Totals Annualized value Present value
Total costs (all small businesses) $64,864,779 $455,583,064
Costs per small business $4,097 $28,777
Net costs (all small businesses) $64,709,950 $454,495,609
Net costs per small business $4,087 $28,709

One-for-one rule

The one-for-one rule applies, as the amendments result in an incremental increase in administrative burden on business. The proposal repeals the existing regulations and replaces them with a new regulatory title, which results in no net increase or decrease in regulatory titles.

The administrative burden will involve reviewing the regulatory requirements, submitting licence applications and keeping traceability records.

Table 14: List of all administrative cost/benefit impacts
Impact category Why is it administrative impact? Administrative costs imposed or avoided
Initial review of the Feeds Regulations, 2024 Familiarization with the new information obligation Costs imposed
Licensing applications Authorizations Costs imposed
Traceability — purchases/sales record keeping Collecting and retaining data Costs imposed

The annualized administrative costs will be approximately $889,136, which equates to an annualized net administrative cost per impacted business of $54.22 (see Table 15).

Table 15: Estimated annualized values of administrative impacts for the one-for-one rule (Can$, 2012 prices)
Note: 2012 prices, 2012 present value base year, 7% discount rate. On average, one business represents 1.25 establishments.
Annualized administrative costs $889,136
Annualized administrative costs per business $54.22

These estimated impacts were based on information gathered from industry surveys, reasonable assumptions, and consultation with stakeholders and the CFIA subject matter experts. The main assumptions used to estimate the administrative impacts are as follows:

Table 16.1 Industry survey results on time spent to keep purchases and sales records for small businesses
Activity Commercial feed manufacturers (hours per year) Ingredient manufacturers
(hours per year) table e19 note a		 On-farm feed manufacturers (hours per year) table e19 note b Feed retailers/ distributors (hours per year)
Keep purchase records 220 32 66 200
Keep sales records 110 31.5 N/A 200

Table e19 note(s)

Table e19 note a

The survey only received one response from small ingredient manufacturers. Therefore, the analysis decided to omit the result realizing that using one result may not be appropriate as a representative of all the ingredient manufacturers. The analysis assumed small ingredient manufacturers will use 50% less time than a medium-to-large ingredient manufacturer.

Return to table e19 note a referrer

Table e19 note b

The analysis did not receive any baseline and costing data from on-farm feed manufacturers. The Feed Program subject matter experts estimated that on-farm feed manufacturers are likely to experience 70% less impacts compared to commercial manufacturers, as the scale of the production by on-farm feed manufacturers is much smaller than commercial manufacturers.

Return to table e19 note b referrer
Table 16.2 Industry survey results on time spent to keep purchases and sales records for medium-to-large businesses
Activity Commercial feed manufacturer
(hours per year)		 Ingredient manufacturer
(hours per year) table e20 note a		 On-farm feed manufacturer
(hours per year) table e20 note b		 Feed retailers/ distributors
(hours per year)
Keep purchase records 838 64 251.4 400 table e20 note c
Keep sales records 1 693 63 N/A 400 table e20 note c

Table e20 note(s)

Table e20 note a

The survey only received one response from small ingredient manufacturers. Therefore, the analysis decided to omit the result realizing that using one result may not be appropriate as a representative of all the ingredient manufacturers. The analysis assumed small ingredient manufacturers will use 50% less time than a medium-to-large ingredient manufacturer.

Return to table e20 note a referrer

Table e20 note b

The analysis did not receive any baseline and costing data from on-farm feed manufacturers. The Feed Program subject matter experts estimated that on-farm feed manufacturers are likely to experience 70% less impacts compared to commercial manufacturers, as the scale of the production by on-farm feed manufacturers is much smaller than commercial manufacturers.

Return to table e20 note b referrer

Table e20 note c

The survey did not receive any results from medium-to-large retailers/distributors. Therefore, the analysis assumed that these establishments may spend twice as much time as small retailers/distributors to keep records due to difference in business size.

Return to table e20 note c referrer

Most businesses in the Canadian feed industry are assumed to already be in compliance with the traceability record-keeping requirements that are being introduced through these regulatory changes. The breakdown of baseline compliance with this requirement per stakeholder group is as follows:

Table 17: Baseline traceability record-keeping
Stakeholder Group Baseline Compliance
Commercial feed manufacturers 94%
Ingredient manufacturers 99%
On-farm feed manufacturers 99%
Feed retailers/distributors 98%

Based on the CBA survey, some stakeholders who are reflected in Table 17 are only partially compliant with the traceability record-keeping requirements. Of the 94% of commercial feed manufacturers who currently keep traceability records, 7% of small businesses and 10% of medium and large businesses will need to make some minor changes to their current practices to reach full compliance. Similarly, among the 99% of small on-farm feed manufacturers who keep traceability records in the baseline, about 14% would need to keep some additional records to become fully compliant with the modernized regulations.

Regulatory cooperation and alignment

The regulatory approach for feed in other jurisdictions has shifted away from a prescriptive approach towards a more agile and outcome-based approach focused on preventive controls.

The Feeds Regulations, 2024, are based upon internationally recognized guidelines and requirements, such as Codex, and US and EU regulations. This has the effect of increasing the alignment of the Canadian feed requirements with those of Canada’s trading partners. For example, the introduction of preventive control requirements aligns with the US Food Safety Modernization Act, as well as EU regulations, meaning that Canadian feed will be produced in a system similar to the ones used in the US and in the EU. This increased alignment will facilitate trade and provide new opportunities for regulatory cooperation, such as foreign systems recognition and using foreign decisions for approvals of feeds in Canada. It also helps the CFIA prioritize standard development for new hazards for inclusion into the regulations.

In addition, there has been increased focus on the linkages between feed and the safety of food over the last decade, both internationally and domestically. Since the detection of Canada’s first native-born case of bovine spongiform encephalopathy (BSE) in 2003 and subsequent BSE cases, international delegations have been coming to Canada regularly to see first-hand the control measures in place to protect against the transmission of this disease. Their evaluations of Canadian animal and food production systems, the nature of feeds, feed controls, and feeding practices have become an integral part of their assessment of Canada’s overall health and food safety systems. Increased alignment with trading partners and international guidelines will improve the CFIA’s ability to demonstrate the effectiveness of the feed and food safety systems, facilitate international delegations in their assessments, and ultimately support market access.

Strategic environmental assessment

In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a preliminary scan concluded that a strategic environmental assessment is not required.

Gender-based analysis plus

A gender-based analysis plus (GBA+) requires the consideration of the impacts of regulatory amendments on relevant stakeholder groups and their intersections. The Feeds Regulations, 2024, will require review, comprehension, the development of documents for record-keeping, permit applications, and documents which demonstrate that they are incorporating new standards into current practices.

The proportion of operators whom are women has grown 4% since 2001, now representing 30% of farm operators.footnote 16 In 2021, Indigenous Canadians represented 2.8% and immigrants represented 7% of the farm population.footnote 17,footnote 18,footnote 19 In the same year, Black, Indigenous, and people of colour (BIPOC) individuals represented 3.7% of the farm population.footnote 17 These individuals face systemic challenges entering agriculture due to succession practices and the high cost of entering farming, which contributes to a lack of representation in the industry.footnote 20 These regulations are not expected to have a present or future disproportionate impact on these individuals or their intersections. Associations such as the Native Women’s Association of Canada and agriculture support funding initiatives led by Agriculture and Agri-Food Canada are designed to increase the representation of Indigenous peoples in agriculture and support the production of culturally significant foods. These regulations are not expected to have a present or future disproportionate impact on women, immigrants, BIPOC or Indigenous Peoples.

There are 559 self-reported Hutterite colonies in Canada. Notably, these colonies have experienced sustained growth since 1995 and 36% of these colonies are situated in Alberta, 21% in Manitoba, 15% in Saskatchewan.footnote 21 In Alberta, Hutterites produce 80% of the chicken eggs, 40% of the pork, 25% of the dairy, and 20% of the poultry. These communities that practise mixed agriculture are often self-contained and self-sufficient, meaning that they produce their own livestock feed. Overall, they will experience a similar impact from these regulations as other on-farm feed producers.

Concerns about labelling requirements were raised by the Standing Joint Committee for the Scrutiny of Regulations, namely that current labelling requirements do not require labels to have bilingual health and safety and warning statements. These regulatory changes ensure that important information is accessible in both official languages, thereby positively impacting non-bilingual Canadians who utilize feed which is subject to these labelling requirements. Language is an important component of identity, and this change has a positive impact for language speakers who were previously not accommodated.

The following portion of the analysis focused on the distribution of potential economic impacts of the regulatory amendments to the feed industry, by geographic region and province or territory in Canada. The analysis was performed by identifying the regional locations of the establishments (Table 17). The annualized value is shown in Table 18. This value was obtained by applying the share of establishments by the province or territory to the total costs carried by each stakeholder.

The distributional analysis shows that Ontario and Quebec are home to 53% of Canada’s total feed manufacturers. Consequently, they are expected to be more impacted by these regulations than other Canadian provinces or territories.

However, on-farm feed manufacturers are the largest total stakeholder group impacted by these regulations, representing 75% of all feed stakeholders. Commercial feed manufacturers represent 2%, single ingredient feed manufacturers represent 13%, and feed retailers and distributors represent 10% of impacted stakeholders. Ontario is home to 26.4% of on-farm feed manufacturers, and Alberta is home to 26.3%, making Ontario and Alberta the two provinces with the most on-farm feed manufacturers implicated by these regulations. On-farm feed manufacturers are exempt from some regulatory requirements, but as a consequence of the size of this group (75% of impacted stakeholders) they incur most of the estimated regulatory costs.

Table 17: Provincial distribution of feed manufacturers (share of establishments by provinces and territories, %)
Note: Percentages may not add up to 100 due to rounding.
Affected stakeholders AB BC MB ON QC SK Atlantic table e22 note a Territories table e22 note b Canada
Commercial feed manufacturers table e22 note c 14.0% 6.3% 8.0% 30.2% 27.1% 7.5% 7.0% 0.0% 100.0%
Feed ingredient manufacturers 8.0% 13.7% 3.4% 27.8% 24.5% 2.8% 19.4% 0.4% 100.0%
On-farm feed manufacturers 26.3% 9.3% 7.2% 26.4% 14.9% 12.5% 3.5% 0.0% 100.0%
Feed retailers/ distributors 14.7% 8.0% 7.0% 20.8% 27.4% 16.4% 5.7% 0.0% 100.0%
Total 22.5% 9.7% 6.7% 26.1% 17.6% 11.6% 5.8% 0.1% 100.0%

Table e22 note(s)

Table e22 note a

Atlantic includes New Brunswick, Prince Edward Island, Nova Scotia, and Newfoundland and Labrador.

Return to table e22 note a referrer

Table e22 note b

Territories includes Nunavut, Northwest Territories, and Yukon Territory.

Return to table e22 note b referrer

Table e22 note c

Calculated using the CFIA inspection database.

Return to table e22 note c referrer
Table 18: Total industry annualized costs distributed by region (Can$ millions, 2022 prices)
Note: Figures may not add up to totals due to rounding.
Affected stakeholders AB BC MB ON QC SK Atlantic table e23 note a Territories table e23 note b Canada
Commercial feed manufacturers table e23 note c $0.70 $0.31 $0.40 $1.50 $1.35 $0.37 $0.35 $0.00 $4.98
Ingredient manufacturers $1.57 $2.70 $0.67 $5.46 $4.82 $0.56 $3.81 $0.08 $19.65
On-Farm feed manufacturers $9.70 $3.42 $2.65 $9.75 $5.49 $4.62 $1.28 $0.00 $36.90
Feed retailers/ distributors $1.58 $0.87 $0.75 $2.24 $2.96 $1.77 $0.61 $0.00 $10.77
Total $13.54 $7.30 $4.46 $18.95 $14.61 $7.32 $6.04 $0.08 $72.30

Table e23 note(s)

Table e23 note a

Atlantic includes New Brunswick, Prince Edward Island, Nova Scotia, and Newfoundland and Labrador.

Return to table e23 note a referrer

Table e23 note b

Territories includes Nunavut, Northwest Territories, and Yukon Territory.

Return to table e23 note b referrer

Table e23 note c

Calculated using the CFIA inspection database.

Return to table e23 note c referrer

Rationale

Safe feeds play an important role in the overall health and productivity of livestock and contribute to the production of safe food. Feeds contaminated with harmful pathogens or contaminants may adversely affect the health of animals, and of consumers of foods of animal original.

A modern, agile, and flexible regulatory framework is required to maintain a high level of protection for feeds while allowing regulated parties to innovate and adapt as practices, technology, risks, and science evolve. Preventive regulations, which include risk-based and outcome-based requirements, will enable the CFIA and regulated sectors to better manage risks in feed. They also increase alignment with key trading partners who have already implemented preventative risk-based frameworks for feeds. The expanded scope of species subject to the regulations will ensure that feeds for food-producing animals are safe and will help safeguard the food production continuum.

The CFIA and its regulated parties must be able to rapidly respond to and mitigate emerging feed and food safety risks. Information gaps within the feed supply chain can lead to a less efficient response to a feed safety incident. The instruction of licensing and traceability requirements will increase the amount and accuracy of information available when responding to a feed safety incident, facilitating the rapid identification of the origin and movement of feed through the supply chain.

A modernized risk-based feed ingredient approval and mixed feed registration processes will result in increased clarity and transparency for stakeholders. It will also result in a significant reduction in the number of products that require registration leading to a reduction in costs and administrative burden for industry.

Labels play an important role in the safe and proper use of feeds by livestock producers. Proper labelling allows a purchaser and user of a feed to distinguish one from another and provides information on what the feed is and how it is to be used as part of a feeding program. Updated labelling requirements will ensure a fair and level playing field for both purchasers and businesses. Consistent information means consumers can trust what is on the label.

The CFIA has consulted extensively with stakeholders, including a 125-day public consultation following the prepublication of proposed regulations in 2021. Stakeholders are generally supportive of the new Feeds Regulations, 2024.

Implementation, compliance and enforcement, and service standards

Implementation

The regulations will come into force on the day on which they are registered. However, to provide the industry with time to adjust to the regulations, the CFIA is implementing a delayed coming into force for certain provisions and transitional provisions for others.

There will be a delay for the coming into force of certain regulatory requirements, including

To provide time for industry to transition to the new regulatory requirements, a feed may continue to be labelled in accordance with the former regulations or meet the general and safety standards in the former regulations for a period of one year after the regulations come into force. In addition, applications for registration or approval received before the regulations come into force will be dealt with in accordance with the former regulations, and any registration issued under the former regulations will continue to be valid. There are also provisions related to notification of release and retention of documents that continue to follow the former regulations for feeds that have already been manufactured.

Alternatively, industry will have the option to follow some of the new regulatory requirements as soon as they come into force. However, using a combination of new and old labelling requirements on the same product label will be prohibited.

Implementation of the regulations will also be supported by the Agency’s online Digital Service Delivery Platform for the application for permissions (such as registrations and licences) and other services (e.g., export certificates) electronically. My CFIA provides stakeholders with convenient access to the digital services they need from the CFIA. Applications for livestock feed approval and registration are already using the My CFIA platform, and it will be expanded for issuing licences when the licensing provisions come into effect.

The CFIA’s operational activities associated with this regulatory proposal will rely on existing resources, as identified in the cost-benefit analysis. Inspection tasks will be adjusted to reflect the new outcome-based and preventive control approach introduced with the new regulations.

Compliance and enforcement

Compliance promotion

The CFIA recognizes that compliance promotion at the front end is an effective tool to assist regulated parties in the successful implementation of the regulations. The CFIA has developed a comprehensive compliance promotion strategy, which includes various products to support industry and ensure stakeholders are aware of, and understand the new requirements.

The CFIA has developed a new suite of regulatory guidance documents that reflects the new regulatory framework to facilitate compliance with the regulations. This suite of documents includes guidance that covers new regulatory requirements as well as existing material that has been updated to improve its format and accessibility. Documents will include materials for specific sector groups, including commercial feed manufacturers, importers, exporters, retail outlets and on-farm feed manufacturers.

The CFIA has also developed a model PCP system which provides examples that, when properly applied, have been demonstrated to achieve compliance with regulatory requirements. These will initially be drawn from existing guidance and systems recognized by the CFIA, but in time could include other validated generic models or programs.

These documents will be available on the CFIA website when the regulations are published in the Canada Gazette, Part II, and will continue to be updated as necessary.

Finally, the CFIA will use a communications strategy with supporting activities and products, including social media and webinars, to support the implementation of the regulations.

Compliance verification and enforcement

The CFIA will continue to verify compliance of regulatory requirements of livestock feeds and will implement a redesigned feed regulatory compliance program to take into account the principles of the Integrated Agency Inspection Model, new regulatory requirements, standards, and other considerations (e.g., licensing requirements that follow the process and system tools of the Safe Food for Canadians Regulations). The CFIA takes a risk-based approach in determining what inspection frequencies are applied at different feed facilities. Most notably, the CFIA has collaborated with academia and industry representatives to construct and implement an establishment-based risk assessment model for feed mills that better identifies the relative risks of different establishments and the inspection frequencies to be appliedfootnote 22.

Consequently, an updated training program for the CFIA inspection staff will be designed, developed, and delivered to support the implementation of the regulatory amendments. Inspectors will also be supported by updated operational guidance which accounts for the regulatory amendments. The CFIA will implement the redesigned program and will continue to oversee regulatory requirements by way of pre-market, marketplace and post-market inspection activities aligned with the updated regulatory framework and product, process and establishment risks.

The CFIA uses a range of tools to verify compliance, including inspections, surveillance, sampling, and testing. When non-compliance is determined, the CFIA takes enforcement action commensurate with the seriousness of the non-compliance. Under the regulations, the Minister may suspend or cancel a licence. For example, a licence could be suspended, upon notice, if there is a risk of harm to animal or human health or the environment that may result if the licence holder continues to conduct an activity that is identified in the licence. This enforcement tool will be in addition to other compliance and enforcement tools and measures available to inspectors.

The Feeds Regulations, 2024, will operate under existing complaint and appeal mechanisms. The CFIA uses an incremental process to manage complaints and appeals, which ranges from discussions with CFIA employees to the submission of a formal complaint to the CFIA Complaints and Appeals Office.

Contact

Laura Scott
National Manager
Feed Program Coordination and Outreach Section
Canadian Food Inspection Agency
59 Camelot Drive
Ottawa, Ontario
K1A 0Y9
Telephone: 343‑597‑6325
Email: cfia.feedregmodernization-modernisationregalibetails.acia@inspection.gc.ca