What We Heard Report: Proposed changes to the Tables of Permissible Claims for Feed Labels

Introduction

The Canadian Food Inspection Agency (CFIA) led a 30-day consultation on the proposed changes to the Tables of Permissible Claims for Feed Labels from February 7, 2023 to March 9, 2023. The purpose of the consultation was to seek feedback and comments on the changes proposed to the Tables of Permissible Claims for Feed Labels since the CFIA sought feedback on the proposed Feeds Regulations, 2024, in the Canada Gazette, Part I (CGI). The CGI consultation included the draft regulatory text as well as all 9 proposed incorporated by reference documents, which includes the Tables of Permissible Claims for Feed Labels.

As a result of the CGI consultation, the CFIA received valuable feedback on the Tables of Permissible Claims for Feed Labels. In addition, the CFIA continued to conduct an internal review of the Tables of Permissible Claims for Feed Labels to ensure better clarity and consistency. This has resulted in several changes to the Tables of Permissible Claims for Feed Labels since the CGI consultation. This 30-day consultation was an opportunity for stakeholders to provide feedback on the updated Tables of Permissible Claims for Feed Labels document before publication in Canada Gazette, Part II (CGII).

The Tables of Permissible Claims for Feed Labels is a document that will be incorporated by reference into the proposed Feeds Regulations, 2024 and will come into force when the new regulations are published in CGII.

The CFIA commits to providing more guidance and background information on the use of the Tables of Permissible Claims for Feed Labels on its website following the publication of the proposed Feeds Regulations, 2024 in CGII.

Background

The Tables of Permissible Claims for Feed Labels is divided into 3 tables based on the different types of permissible claims;

Table 1: General claims
Table 2: Nutritional claims
Table 3: Specialty feeds claims

These tables allow claims on livestock feed labels without requiring registration to verify the claim. If a livestock feed label has a claim and that claim is found in the Tables of Permissible Claims for Feed Labels and it meets the conditions for that claim, the claim for that livestock feed would not trigger registration. However, that livestock feed may still require registration if it does not meet other exemption from registration criteria. Any livestock feed label that has a claim that is not set out in the Tables of Permissible Claims for Feed Labels or does not meet the conditions (feed or label conditions) for that approved claim will require registration.

The CFIA is committed to the principles of accessibility, transparency, consistency, reasonableness, and clarity when using Incorporated by Reference documents in regulations as stipulated in the CFIA's Incorporation by Reference Policy. Due to additional changes made to the Tables of Permissible Claims for Feed Labels since the previous consultation in June 2021, in accordance with the Incorporation by Reference Policy, the CFIA consulted on the additional changes. This will allow the most up to date version of the Tables of Permissible Claims for Feed Labels to be published when the new regulations are published in CGII.

Who we heard from

Animal feed stakeholders, including:

• suppliers of feed ingredients
• commercial feed manufacturers
• feed importers, distributors and retailers
• industry associations

All comments from industry, governments, the public, or other organizations or individuals were welcome.

What we heard

Highlights

Stakeholders are supportive of the approach of incorporating by reference a list of livestock feed approved claims that would not require registration. While many stakeholders would like to see an expansion of the claims (for example, more specialty feed claims in table 3), at this time the CFIA can only commit to working with stakeholders following the publication of the proposed Feeds Regulations, 2024 in CGII.

At the time of CGII publication more information will be published pertaining to the process the CFIA will be taking to update the documents being incorporated by reference under the proposed Feeds Regulations, 2024, including how the CFIA intends to consult publicly on updates, and how often those consultations will occur.

Theme 1: Importation of livestock feeds

Respondents identified concerns regarding the use of the statement, "the livestock feed must be manufactured in Canada", being added to column 3 – feed conditions of table 3 of the Tables of Permissible Claims for Feed Labels document. To clarify, this statement does not prevent livestock feeds with claims from being imported into Canada. Foreign feed manufacturers can still import their livestock feed (for example, forage additive product) into Canada as long as it is registered.

This statement has been added at this time as imported livestock feeds will continue to require registration until the licensing requirements come into effect under the proposed Feeds Regulations, 2024, 18 months following CGII publication. Once the licensing requirements come into effect, this statement will be removed from the Tables of Permissible Claims for Feed Labels. Imported livestock feeds, if not registered will be required to be imported by a licence holder, if the livestock feed meets all exemption from registration criteria.

Theme 2: Expanding/modifying permissible claims and criteria in the Tables of Permissible Claims for Feed Labels

Respondents were supportive of expanding the types of claims and specialty feed types within the Tables of Permissible Claims for Feed Labels to allow for greater flexibility when it comes to regulatory requirements for permissible claims and feed and label conditions for each permissible claim. In addition, stakeholders identified a need for additional claims such as, conditionally essential nutrients arising due to disease, stress and anti-nutrients. At this time, the CFIA will commit to working with stakeholders to expand the permissible claims following the coming into force of the proposed Feeds Regulations, 2024.

There was some confusion regarding the scope of the product types that could be included in the tables. The Tables of Permissible Claims for Feed Labels is a way to exempt livestock feeds with certain general, nutritional, and specialty feed label claims from registration if they meet specific label and feed conditions for that approved claim.  For example, a product such as a forage additive that would have required registration under the previous regulations, would be exempt if it meets the criteria and conditions in the Tables of Permissible Claims for Feed Labels. While claims may not be able to be made at this time related to all nutrients, feed manufacturers may include guarantees for nutrients that are included in the feed provided those guarantees appear on the Tables of Nutrient Guarantees and Conditions for Feed Labels.

The CFIA will provide guidance on the Tables of Permissible Claims for Feed Labels at the time of CGII. Guidance will include explanations how to use the tables and details around the conditions related to the claims found within tables.

Other considerations

Until the proposed Feeds Regulations, 2024 and the Tables of Permissible Claims for Feed Labels come into effect, stakeholders must continue to follow the current Feeds Regulations. Stakeholders may continue to make claims on livestock feed labels by either registering their livestock feed or following the Permissible claims policy for livestock feed.

Next steps

The CFIA would like to thank the people who participated in this consultation. We value your feedback throughout this regulatory initiative.

We continue to consider all input as we work to update the Feeds Regulations. The comments received will be considered as the CFIA updates the Tables of Permissible Claims for Feed Labels in the future. The CFIA is now preparing to publish the proposed Feeds Regulations, 2024 in CGII. At that time, additional guidance and information sessions will be held to support stakeholders as the new regulations are implemented.

Based on the comments and feedback received from this consultation, amendments were made to the Tables of Permissible Claims for Feed Labels. The updated version of the Tables of Permissible Claims for Feed Labels will be published as part of the CGII publication of the proposed Feeds Regulations, 2024. At that time, the Tables of Permissible Claims for Feed Labels will come into effect for all stakeholders.