Archived - What we heard report – Consultation on the Feed Regulatory Modernization – Pre-Canada Gazette, Part I Publication
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- About the consultation
- What we heard
- CFIA responses to feedback received on the feed regulatory modernization – Pre-Canada Gazette, Part I public consultation
- Next steps
The Canadian Food Inspection Agency (CFIA) has embarked on a comprehensive change agenda to strengthen its foundation of legislation, regulatory programs and inspection delivery. These directions set the context for the renewal of the Feeds Regulations (regulations).
The goal of modernizing the regulations is to reduce compliance burden and support innovation, while ensuring feeds are safe and contribute to the production and maintenance of healthy livestock, safe foods of animal origin, and that feeds do not pose a significant risk to the environment. The modernization of the regulations is being designed to benefit the collective Canadian feed industry, which includes livestock producers, commercial feed manufacturers, retailers, importers, exporters, ingredient manufacturers, and food processors. As well as aligning with other international feed regulatory regimes, modernization also maintains the objective of enhancing animal health and food safety for the Canadian public.
The CFIA undertook an online consultation from September 30, 2020 to November 15, 2020 on the Feed Regulatory Modernization – Pre-Canada Gazette, Part I publication document to:
- gather feedback and confirm support from stakeholders on the proposed regulatory framework for livestock feeds
- validate potential economic impacts of the proposed regulatory changes, especially with respect to the challenges presented by the COVID-19 pandemic, and
- determine where additional guidance would be required when the proposed regulations are published in Canada Gazette, Part I (CGI)
This report consolidates and summarizes the comments received on the Feed Regulatory Modernization – Pre-Canada Gazette, Part I Publication Consultation and the CFIA's response to those comments.
The CFIA would like to thank everyone who participated in the consultation for contributing their time to the consultation process and sharing their views.
About the consultation
The primary mode of consultation involved the preparation and posting of the Feed Regulatory Modernization – Pre-Canada Gazette, Part I Publication Consultation – on the CFIA website, and outreach directly to feed industry stakeholders, government partners and CFIA staff. A total of 36 sets of written comments were received.
What we heard
|Category of respondent||Distribution|
|Feed industry – individual||12|
|Feed industry – association||6|
|Livestock producer –individual||0|
|Livestock producer –association||11|
|Government (Canadian federal/provincial) and others||7|
Key respondent messages
Overall, respondents were supportive of the proposed changes and would like to see this regulatory initiative move forward quickly to publication in Canada Gazette, Part I (CGI). Many respondents look forward to providing more comprehensive feedback and comments after the proposed Feeds Regulations, 2022 are published in CGI.
Respondents are supportive of a more outcome and risk-based approach and encouraged the CFIA to continue to engage in transparent communication while working in collaboration with stakeholders and associations in developing guidance materials, tools to support successful implementation, and acceptable implementation dates.
Stakeholders reminded the CFIA of the need for the regulatory changes to support flexibility and innovation, while limiting regulatory burden. They also indicated that the CFIA should remain cognizant of the additional resources that may be required of stakeholders, such as on-farm feed mills, small feed businesses, rendering plants, and single ingredient feed manufacturers, in order to meet the expectations for improved documentation, record-keeping and reporting.
Stakeholders do not anticipate the proposed Feeds Regulations, 2022 will result in a negative economic impact, but indicated that they would provide further feedback related to the economic impacts once they have been able to review the regulatory text in full during the CGI consultation process. Respondents did not raise any concerns with how the proposed costs were calculated or with any of the assumptions that were used to make those calculations. A few respondents highlighted concerns regarding additional resources specific to preventative control plans, record-keeping, and traceability. The CFIA will further consult with small businesses to understand their concerns around implementing the preventative control plans and record-keeping requirements to determine if additional flexibilities are needed.
Specific concerns were raised by individual stakeholders and small businesses, regarding preventive control plans for small commercial feed mills, traceability and record-keeping requirements at feed retail outlets, and maximum standards for certain contaminants (for example, dioxins). A more detailed discussion on these concerns and the CFIA's responses can be found below.
In order to gather more context around the highlighted concerns and to determine the manner in which they can adequately be addressed, additional outreach and engagement with stakeholders will be undertaken during the comment period for CGI. Therefore, more time and effort will be spent on engaging with feed businesses, especially small businesses to understand the implications these regulatory changes may have.
CFIA responses to feedback received on the Feed Regulatory Modernization – Pre-Canada Gazette, Part I public consultation
- Communication regarding the documents to be incorporated by reference
- Comments collected regarding each document to be incorporated by reference
- Comments on other aspects of the proposed Feeds Regulations, 2022
- Additional respondent feedback
Stakeholders provided the CFIA with feedback on where they felt more guidance will be needed to understand the proposed Feeds Regulations, 2022 when they are published in CGI.
Areas where more guidance or information were requested include:
- maintenance of documents to be incorporated by reference, including safety standards
- feed ingredient approval and product registration process
- reduced scope of feeds requiring registration
- documentation requirements for feeds for export
- licensing scheme and process
- preventive control plan requirements compared to current on-farm food safety or certification programs
- documentation and record keeping requirements in support of traceability
Communication regarding the documents to be incorporated by reference
While the documents being incorporated by reference (IbR) could not be shared with stakeholders during the pre-CGI publication consultation, respondents provided feedback on the proposed approach. Clear communication and ease of access to up to date information during regulatory modernization is vital to stakeholders. Respondents requested clarification around the maintenance of the documents and the process for submitting information to the CFIA to support changing or updating the information or standards found within. Many respondents provided feedback around the need for the CFIA and stakeholders to continue to work together when updating the IbR documents, especially the documents related to technical and safety standards. Stakeholders would appreciate being part of the process and to ensure continued collaboration and regulatory transparency.
CFIA response to incorporation by reference
The support from stakeholders for the use of IbR documents is encouraging. IbR documents will help to alleviate some of the delays in updating lists and standards under the current feed regulatory framework, and stakeholders will therefore benefit from more timely updates to the information. There is support for the IbR documents containing various standards and the ability to make changes to these standards quickly.
Clarification regarding the process, who is responsible for updating and maintaining these documents, and the frequency of updating the IbR documents will be provided at CGI. As a starting point, the CFIA's Incorporation by Reference Policy will be followed. When there are changes to the IbR documents, stakeholders will be consulted, and as part of CFIA's policy, the IbR documents must be current and accessible to all.
Comments collected regarding each document to be incorporated by reference
- Canadian Feed Ingredients Table
- Compendium of Non-Feed Product Brochures
- Tables of Permissible Claims for Feed Labels
- Tables of Maximum Nutrient Values for Feeds
- Tables of Maximum Contaminant Levels for Feeds
Canadian Feed Ingredients Table
Respondents provided supportive comments for the Canadian Feed Ingredients Table (CFIT) being incorporated by reference. Timely updates to, and availability of, ingredient definitions for all interested stakeholders was a recurring comment. Respondents were interested in the new classes which are being proposed and are based on intended purpose of the approved single ingredient feeds (SIFs).
CFIA response to Canadian Feed Ingredients Table
The CFIT is similar to the layout of the current Schedules IV and V. The CFIA has not removed SIFs or changed whether ingredients are listed in Part I or Part II in the CFIT. However, the number of classes has been expended and sub-classes have been added to allow SIFs to be listed or categorized based on their approved purpose(s). The new classes and sub-classes were developed based on the approvals of these SIFs and how they are being used in livestock feeds in Canada.
In addition, SIFs that are listed in the current Class 8 – Miscellaneous Products in Schedules IV and V, have been moved and listed in the class or sub-class in the CFIT which best matches how the SIF was approved for use in livestock feed. This IbR document will be flexible enough to allow for new classes or sub-classes to be added if new purposes of SIFs are identified in the future.
Overall, the use of the IbR format for updating and maintaining the list of approved SIFs, based on their approved and intended purpose, will allow for greater flexibility in the future. Since the CFIT will be an IbR document, the CFIA will consult with stakeholders before a new SIF is added to it or an ingredient definition is modified. This will allow stakeholders the opportunity to provide comments and feedback on new ingredients or modifications to any ingredient definitions or descriptions and will provide more transparency in the approval process for SIFs.
Compendium of Non-Feed Product Brochures
Respondents were in favour of the proposed changes which will allow other animal health products such as veterinary biologics or veterinary health products (VHPs) to be used in feed. This would provide regulatory flexibility, promote innovation, and help the Canadian feed industry to remain competitive. There was interest in learning more about the process of how other animal health products, in particular, VHPs, could be added to feed. Respondents were interested in animal health products being allowed in feed that would reduce the need for antimicrobial use (AMU) and support antimicrobial stewardship activities, and products that would benefit flock health and support the health of poultry as well as contribute to pathogen reduction. In addition, respondents had questions about how feeds containing VHPs could be exported.
CFIA response to Compendium of Non-Feed Product Brochures
The CFIA agrees that allowing animal health products (for example, VHPs and veterinary biologics) to be added to feed will provide additional flexibility to industry and support advancements in innovation. The CFIA's proposed approach for allowing VHPs to be used in feeds will be similar to how medicating ingredients are allowed to be used in feed.
Health Canada (HC) is responsible for the oversight of VHPs and assigning notification numbers for these products. Any regulatory requirements (for example, traceability and recording-keeping requirements) for the actual VHP would fall under the jurisdiction of HC, whereas the regulatory requirements for the feed that contains a VHP would fall under the proposed Feeds Regulations, 2022. Any export documentation for a VHP would need to be received from HC as they are the competent authority for these types of animal health products. If the product to be exported was a feed that contains a VHP, then this request would fall under the jurisdiction of the CFIA.
As new VHPs are assigned a notification number from HC, the CFIA will update the Compendium of Non-Feed Product Brochures. This will allow these VHPs to be added into livestock feeds.
Tables of Permissible Claims for Feed Labels
Respondents were in favour of claims being allowed on a feed label without the feed requiring product registration. This additional flexibility would allow for products to enter the marketplace sooner. The respondents were interested in learning more about the process for adding new claims to the permissible claims list, as several comments pointed to the previous permissible claims list being too short. Feedback also indicated that stakeholders would like the CFIA to explore harmonization with international partners on feed label claims.
CFIA response to Tables of Permissible Claims for Feed Labels
The CFIA is in agreement that allowing certain claims on a feed label without requiring product registration will provide additional flexibility to industry and reduce the regulatory burden. In addition, fewer applications will lead to a more manageable pre-market registration process for the CFIA, resulting in more timely assessments, approvals and registrations. This IbR document will contain 3 types of approved claims allowed on a feed label:
- general claims (for example, organic claims, method of production claims)
- nutritional claims (for example, claims related to digestibility), and
- claims related to specialty feeds (for example, odour control products, anticaking products)
The CFIA will continue to work with industry on developing and updating this list. However, certain claims, such as therapeutic claims would fall under the authority of Health Canada and would be outside of the scope of feed claims.
Tables of Maximum Nutrient Values for Feeds
Respondents were supportive of the maximum nutrient values for feeds being set out in an IbR document, which allows for updates and changes to be made in a more timely manner as advancements are made in animal nutrition, animal science and animal production practices. There remain some concerns with a small number of the proposed maximum nutrient values. For example, vitamin D values for layers (chickens), selenium values for fish, and vitamin D values for fish.
CFIA response to Tables of Maximum Nutrient Values for Feeds
The CFIA is encouraged to see that stakeholders are supportive of maximum nutrient values being placed into an IbR document. In addition, the support for removing the minimum nutrient values will allow animal nutritionists more flexibility in formulating diets that are optimal for animal health, growth and performance. Stakeholders will not have to be concerned about whether or not the nutrient range, when formulating a diet, will trigger a requirement for product registration. The CFIA hopes this will result in clarity on what feeds will require registration and at the same time allow for greater flexibility.
The CFIA consulted on the proposed maximum nutrient values for livestock feeds in recent years. Since these consultations closed and most consultation summary reports have been posted, the CFIA has continued to discuss the proposed maximum nutrient values and worked collaboratively with the Animal Nutrition Association of Canada (ANAC) and other stakeholders to address the remaining outstanding issues that have been identified. Updated values will be reflected in the IbR document as part of the CGI consultation which should address stakeholder concerns with respect to the proposed nutrient maximum values. With respect to vitamin D levels in laying hen and fish feeds, where there are potential food fortification impacts, the CFIA continues to work with Health Canada to determine an appropriate path forward.
Tables of Maximum Contaminant Levels for Feeds
Respondents were supportive of the maximum levels of contaminants in feed being set out in an IbR document, which allows for updates and changes to be made in a more timely manner as advancements are made in science and technology. Most respondents agree with the proposed maximum contaminant levels being established in feed and were encouraged to see maximum levels set for certain contaminants such as mycotoxins. However, there are still disagreements with some of the proposed maximum levels. A few respondents provided a comment on the benefits of creating better alignment of these safety standards with our major trading partners.
CFIA response to Tables of Maximum Contaminant Levels for Feeds
The CFIA is encouraged to see that stakeholders are supportive of these maximum contaminant levels being placed into an IbR document. The CFIA has continued to discuss the proposed maximum levels and worked collaboratively with ANAC and other stakeholders to address outstanding issues. This should address stakeholder concerns with respect to the proposed contaminant maximum levels, and the updated levels will be reflected in the IbR document as part of the CGI consultation.
The CFIA is committed to working and consulting with stakeholders and partners on science- and evidence-based policies that effectively mitigate risks and reduce the unnecessary disposal of feed. As these IbR documents will be able to be updated in a timely manner, as new scientific information becomes available, the CFIA will continue to work with industry to ensure that the safety standards protect animal health and human health while still allowing the feed industry to remain competitive.
Comments on other aspects of the proposed Feeds Regulations, 2022
- Expanding the scope of livestock species
- Hazard analysis and preventive control plans
- Traceability and record-keeping requirements
- Feed ingredient approval and product registration
- Economic impact and cost benefit analysis
Expanding the scope of livestock species
All respondents were supportive of expanding the list of livestock species to be regulated under the proposed Feeds Regulations, 2022 to include additional food-producing animals and farmed animals. Respondents were also supportive of removing fox and mink feeds from the proposed Feeds Regulations, 2022.
CFIA response to expanding the scope of livestock species
CFIA will proceed with the expanded list of livestock species that will be regulated under the proposed Feeds Regulations, 2022. The complete list of species in the proposed Feeds Regulations, 2022 text will include:
- Sheep and goats
- Poultry (chickens, turkeys, ducks and geese)
- Bison, water buffalo, cervids, llamas and alpacas
- Ratites, pigeons, pheasants, partridges, quail, grouse, guinea fowl and pea fowl
- Finfish (salmonids and non-salmonids) intended for human consumption
- Molluscs and crustaceans intended for human consumption
Respondents requested clarification regarding the changes made to some of the existing exemptions that will be updated in the proposed Feeds Regulations, 2022. Specific feedback was received regarding complete feeds meant for livestock not intended for human consumption (for example, pet horses and pet rabbits) and a request that treats be exempted entirely.
CFIA response to exemptions
The CFIA will provide further clarification on the changes made to the existing exemptions, and what feeds will be exempt from the proposed Feeds Regulations, 2022 after the regulatory text has been published in CGI.
The CFIA may consider exempting additional feeds from the proposed Feeds Regulations, 2022, including feed products that are specifically for livestock species that are not intended for human consumption. The CFIA will be engaging with stakeholders during the comment period after publication in CGI where exemptions may be discussed.
Hazard analysis and preventive control plans
Most respondents were supportive of the proposed requirements for preventive control plans (PCPs). However, some specific concerns were raised regarding the PCP requirements for small businesses that do not believe they have sufficient capacity to maintain and implement all new PCP requirements. Concerns were also raised about potential duplication of effort for those stakeholders who are already participating in on-farm food safety programs or Hazard Analysis Critical Control Point (HACCP)-based programs.
It was recommended that the CFIA should recognize the different on-farm food safety programs that include PCP and traceability requirements as equivalent to those identified in the proposed Feeds Regulations, 2022. This would allow a streamlined approach in order to avoid placing additional regulatory burden on livestock producers.
CFIA response to Hazard analysis and preventive control plans
The CFIA recognizes that many feed businesses already have PCPs in place. For these businesses it is anticipated that their existing programs will be able to meet most of the proposed new regulatory requirements. The CFIA will work with the producer groups to determine if current on-farm food safety programs are sufficient to meet the PCP requirements in the proposed Feeds Regulations, 2022.
The CFIA acknowledges that engagement and discussions are needed with industry and livestock producer associations to gain a better understanding of existing feed and food safety programs and on-farm food safety programs and to hear the concerns of small businesses affected by the proposed regulatory changes.
It is the CFIA's hope that guidance and model systems being developed will assist in understanding the requirements. The CFIA remains cognizant of options to support our stakeholders during the transition, such as a delayed coming into force and potentially identifying more flexibilities in certain scenarios.
More guidance will also be provided on how to conduct hazard identification and analysis, and the development of a PCP at CGI, and during implementation. In addition, model systems and templates for the development of PCPs will be provided and made available for comments and feedback.
Respondents were supportive of the proposed changes to the labelling requirements of livestock feeds, allowing greater flexibility in what additional information is allowed on labels without triggering the requirement for product registration. One respondent suggested that labelling requirements found in the single ingredient feed definitions should be transferred to a general labelling section, and the same respondent asked for clarification on allowing other languages on feed labels. Stakeholders also raised concerns about the requirement for lot numbers on labels and challenges with identifying a lot in a continuous feed production system.
CFIA response to labelling
The CFIA is encouraged to receive positive feedback from stakeholders on the additional flexibility (allowing for certain claims on a label and additional guarantees on a label without triggering product registration) being proposed for labelling requirements under the proposed Feeds Regulations, 2022.
The CFIA recognizes that some types of feed production are continuous, which can make assigning lot numbers more challenging. The lot number is one of the key pieces of information required to ensure traceability of feed. Manufacturers are responsible for determining what they consider to be a lot for their products. Lot numbers are already required on some livestock feeds and on all feeds considered animal food under the Health of Animals Regulations. For bulk animal food, a "lot" is a single batch or multiple batches that make up an order, and must be identified by a lot number. For bulk animal food ingredients such as meat and bone meal, a common approach is to define a day's production as one lot. However, the manufacturer ultimately decides on an appropriate lot size for their business practices.
At the time of CGI, additional labelling guidance will be provided that compares the labelling requirements under the current Feeds Regulations, 1983 and those under the proposed Feeds Regulations, 2022. In addition, this guidance will outline the labelling requirements for a mixed feed and a single ingredient feed and what information will be required in both official languages. The CFIA is also proposing that feeds labelled with information in languages other than French and English will require registration.
Traceability and record-keeping requirements
Respondents were generally in agreement with and supportive of the proposed changes regarding traceability and record-keeping as an effective step in the feed chain, which allows for a higher degree of consumer confidence. However, concerns were raised regarding the costs required (time and money) for the increased traceability and record-keeping requirements for retail outlets and small feed businesses, the length of time the records would need to kept, and in what format (electronic vs. paper copies).
Respondents have requested further clarification regarding specific traceability and record-keeping guidance on items such as treats, supplements, and low risk products that are not intended for food producing animals (that is, pet rabbits, pet horses). While supportive of the increased traceability and record-keeping requirements, feedback was received that the CFIA should consider clarifying how this proposed change will impact farmers and what recourse they have should they purchase contaminated feed.
CFIA response to traceability and record-keeping requirements
The CFIA recognizes that there may be resource and capacity impacts related to the traceability and record-keeping requirements set forth in the proposed Feeds Regulations, 2022 and is committed to working with stakeholders to find flexibilities where possible.
These requirements provide more information to better support risk management approaches, especially where timely responses to feed safety investigations or feed recalls are needed. The additional traceability and record keeping requirements have the potential to reduce the scope of feed safety events and minimize the impact of a feed recall. These requirements will allow for a timely removal of contaminated feed thereby ensuring animal and human health.
Feed ingredient approval and product registration
Most respondents provided positive feedback on the proposed changes to the approval process for single ingredient feeds (SIFs), and increasing the number of mixed feeds that would be exempt from product registration. All were supportive of having a more transparent and modernized assessment, approval and registration process.
The proposed changes would reduce the regulatory burden and resource demand for both stakeholders and the CFIA. Respondents were supportive of changes that would allow for faster approvals and registrations. A number of respondents did express interest in seeing more guidance, including the information and content required in application packages, and more details about the changes to the SIF approvals and registration processes.
CFIA response to feed ingredient approval and product registration
How the CFIA assesses and approves single feed ingredients (SIFs) will not change under the proposed Feeds Regulations, 2022, however, the process will be more transparent, responsive and clearly defined. Clarity regarding which feeds would require approval and more details on the type of information that is required in an application package for feed approval in the proposed regulations will be available. Any SIF that is not listed in the Canadian Feed Ingredients Table (CFIT) will need to be assessed, approved, and added to the CFIT before it can be used in livestock feeds. If a SIF is listed in Part II of the CFIT, each source of this SIF will continue to require registration.
The following feeds would still require approval:
- feed with a novel trait
- SIF not listed in the CFIT
- SIF that is listed in the CFIT, but is different from that described in the CFIT, and
- feed intended for research or experimental purposes that does not meet the exemption criteria
Stakeholders will be consulted before a new SIF is added to the CFIT or an existing SIF is modified, providing an opportunity to provide feedback on proposed new definitions or changes to existing definitions. This will allow for a more transparent approach for SIF approvals.
The CFIA's assessment process for registration will not change under the proposed Feeds Regulations, 2022. However, the types of mixed feeds that will require mandatory product registration has changed. As a result of these changes, the majority of mixed feeds will be exempt from product registration, provided they meet certain criteria. Under the proposed Feeds Regulations, 2022, registration will still be required for certain high risk feed types.
The following feeds would still require registration:
- single ingredient feeds listed in Part II of the CFIT
- mixed feeds administered in water
- flavouring agents
- medicated mineral feeds
- medicated trace mineral salt feeds
- mixed feeds containing a pest control product
- feeds (mixed feeds or single ingredient feeds) with label information in languages other than English or French
- specialty feeds that are not listed in the Tables of Permissible Claims for Feed Labels and does not meet the conditions set out in this Table
- mixed feeds labelled with a claim that is not listed in the Tables of Permissible Claims for Feed Labels
- mixed feeds labelled with a guarantee that is not listed in the Tables of Nutrient Guarantees and Conditions for Feed Labels
- single ingredient feeds labelled with a claim that is not described in the ingredient definition or is not listed in the Tables of Permissible Claims for Feed Labels
- single ingredient feeds labelled with a guarantee that is not described in the ingredient definition or is not listed in the Tables of Nutrient Guarantees and Conditions for Feed Labels
- imported feeds unless they are imported by a licence holder
Additional guidance on feed approval and product registration will be made available at CGI to help stakeholders better understand the proposed requirements.
Stakeholders were generally supportive of the proposed licensing requirements. Most of the comments provided were from stakeholders seeking more information. Respondents did not object to the requirement for licensing, but wanted to better understand if their business would require a licence and how the licensing process would work. Respondents look forward to reviewing the detailed guidance available on licensing at CGI.
CFIA response to licensing
Additional guidance related to the licensing requirements under the proposed Feeds Regulations will be provided at CGI. The guidance will provide details on who is required to have a licence and how the licensing requirements relate to feeds that are imported into Canada. In general, a licence will be required for feeds that are transported across a provincial boundary, imported or exported. Imported feeds will be exempt from licensing requirements if they are registered. In addition, the detailed guidance will explain how licensing will impact mixed feeds requiring product registration. The CFIA's intent is to have a document that describes various scenarios to illustrate how the licensing requirements would apply.
The licences issued under the proposed Feeds Regulations, 2022 will be similar to, and modelled after, the approach used for food licences issued under the Safe Food for Canadians Regulations. Companies will have the flexibility to decide whether one licence is issued to cover all their facilities and feed-related activities or if a licence is issued for each facility individually or each activity within a facility.
Respondents provided feedback on the timelines for implementation and the delayed coming into force approach for certain regulatory requirements proposed in the Feeds Regulations, 2022. Respondents supported the staggered timelines and delayed coming into force approach, allowing stakeholders more time to implement certain requirements. There was general support for the regulatory requirements that would benefit stakeholders to take effect immediately.
A respondent suggested that the CFIA consider opportunities to relieve some of the current regulatory burden through policies before the new regulations come into effect. In particular, the feed ingredient approval and feed registration approach which is less burdensome to industry and results in quicker approval times with fewer mixed feeds requiring mandatory product registration.
CFIA response to timelines
Delaying the coming into force for certain requirements will benefit both stakeholders and the CFIA. It will allow additional time for industry to adjust to the new regulatory requirements and for the CFIA to plan for their implementation, including the training of inspection staff.
The CFIA will provide guidance on the proposed coming into force and transition provisions following publication in CGI.
Economic impact and cost benefit analysis
Respondents provided supportive feedback and comments on the overall economic impact and costs associated with this regulatory initiative moving forward. However, there were respondents who expressed concerns about the economic impacts and costs associated with certain regulatory requirements, such as implementation of preventative control plans (PCPs), traceability and record-keeping requirements for small businesses and the additional costs associated with feeds intended for export. Other respondents said it was difficult for them to know the full economic impact without first reviewing the text of the proposed Feeds Regulations, 2022 and the additional guidance that is expected to be made available when the Feeds Regulations, 2022 are published in CGI. There were also comments noting that the new regulations should be flexible and not result in undue regulatory burden including additional costs and administrative burdens.
CFIA response to economic impact and cost benefit analysis
Our assessment suggests that the qualitative benefits outweigh the anticipated costs for the implementation of the proposed Feeds Regulations, 2022. The volume of positive and supportive feedback received during the pre-consultation period was substantial and focussed on the inclusion of a more flexible and outcome-based regulatory framework, allowing for innovation and reducing the time for feeds to be approved and registered. These factors would result in more timely market access, increased competitiveness, and the potential for greater profitability.
Additional respondent feedback
The CFIA received feedback regarding other areas of the proposed Feeds Regulations, 2022 such as export activities, foreign recognition programs, and international regulatory alignment. While mostly supportive of the proposed changes in these areas, some respondents submitted comments about reducing regulatory burden, facilitating pre-market assessment and approval activities, and supporting a more competitive market.
CFIA response regarding export activities
Currently, the Feeds Regulations, 1983, exempt feeds intended for export provided that the label clearly indicates it is to be exported. The new requirements for feeds intended for export align with the requirements for food intended for export under the Safe Food for Canadians Regulations. There is flexibility for feeds manufactured in Canada that do not to meet the Canadian regulatory requirements, but regulated parties must demonstrate that the requirements of the importing country are being met.
The feed exporter must also have a licence to be able to export their feed and their feeds must be manufactured under a preventive control plan (PCP). In addition, increasing CFIA oversight of feeds for export may support enhanced market access by strengthening CFIA's ability to negotiate feed import requirements with trading partners. Enhanced oversight of feeds for export provides assurances to foreign countries that Canadian feeds meet quality and safety standards, whether intended for domestic or export markets, and maintains Canada's reputation as a supplier of safe and high-quality feeds, globally.
Additional guidance will be provided to stakeholders on the requirements for PCPs, the process for obtaining an export licence, and what type of documentation will be required, if the regulatory requirement is different in the importing country, to demonstrate that the importing country accepts the feed intended for export.
CFIA response regarding recognition of foreign approvals
The CFIA is exploring equivalency programs for feed ingredient assessment and approval systems employed in other jurisdictions with our international partners. If a determination of equivalency is achieved for a foreign jurisdiction, regulated parties seeking Canadian approval for new or modified feed ingredients that have already been approved in that jurisdiction could submit a less detailed application for assessment by the CFIA. The CFIA will consult separately with industry and other stakeholders on this once the development of a proposed approach is completed.
CFIA response regarding international and CFIA regulatory alignment
Many of the proposed changes in the Feeds Regulations, 2022 are based on internationally recognized standards and requirements, including preventive controls (for example, good manufacturing practices), standards, and guidelines, further aligning Canada's feed regulatory requirements with those of our international partners.
The CFIA is committed to moving forward with the regulatory process in order to modernize the Canadian Feeds Regulations. The CFIA remains cognizant of the desire for clear, user-friendly, and up to date guidance material developed in partnership with stakeholders. Guidance material will be available at the time of CGI publication to help stakeholders understand the proposed regulations and their responsibilities. Any updates to guidance material will be communicated openly with stakeholders.
Stakeholders are encouraged to participate in the CGI consultation, by providing feedback and comments on the regulatory text and the documents being incorporated by reference. The CFIA will continue to reach out and engage stakeholders during the CGI period in order to help them understand the proposed changes and identify any flexibilities that may be available.
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