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Guide to timelines for complying with the Feeds Regulations, 2021

This document was part of the consultation on proposed regulatory framework for livestock feeds, which ran from September 30, 2020 to November 15, 2020. This consultation is now closed.

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The Feeds Regulations, 2021 will come into force on the date that they are published in Canada Gazette, Part II (CGII). To provide stakeholders time to adjust to the new Regulations, some requirements will be given additional time before they take effect.

Before the new Regulations take full effect, they will go through the following 2 stages:

  1. Coming into force: The coming into force date is the day on which the new Regulations take effect. This is often linked to the day it is published in the Canada Gazette, Part II. This date can be delayed to give stakeholders more time to get ready to meet the new requirements. The new Regulations will have a section entitled "Coming into Force" which will explain when the requirements will come into force and the length of time for any delays.
  2. Transitional provisions: These allow for a gradual move from the previous to the new Regulations. For example, transitional provisions may allow an application made under the previous Regulations to be treated in accordance with the previous Regulations, or may allow for a time period where either the new or previous Regulations may apply. The new Regulations will have a section entitled "Transitional Provisions" which will explain what requirements will transition from the previous to the new Regulations and the length of the transitional period, if applicable.

The Feeds Regulations, 2021 contain proposed coming into force and transitional provisions.

The following table summarizes the timelines in which the new requirements come into force
Requirement Enforcement date:
on date published in CGII
Enforcement date:
+ 12 months
Enforcement date:
+ 18 months
Feeds that are exempt Check
Single ingredient feed approval and product registration Check
Content of mixed feeds and single ingredient feeds Check
Export of a non-compliant feed Check
Investigation of risk of harm Check
Expanded scope of livestock species Check
Hazard analysis, preventive controls and preventive control plans Check
Complaints Check
Recall procedures Check
Imported feeds Check
Traceability requirements Check
Licensing Check
Export certificates or documents Check
Import of a non-compliant feed Check
All other activities (for example, labelling, general and safety standards, packaging) Check

1. Requirements with immediate effect

Many of the new and amended requirements in the Feeds Regulations, 2021 will not come into effect right away. However, there are 3 main categories of requirements that will take effect on the date that the new Regulations are published. This will allow stakeholders the opportunity to take advantage of these additional flexibilities right away.

The first category are updates to list of feeds that are exempt from the new Regulations. For example, feeds that are being imported for analytical testing or non-commercial purposes (for example, trade shows, exhibitions, etc.), and feeds that accompany livestock that are temporarily in Canada will be exempt from the new Regulations when certain conditions are met.

The second category are the single ingredient feed approval and product registration requirements. The types of feeds that require approval and the types of feeds that require registration will come into effect immediately. Along with this, the requirements on submitting an application, the information that must accompany an application, and the process for approval or cancellation will also come into force immediately.

The third category relates to the standards for mixed feeds to allow other animal health products such as veterinary biologics or veterinary health products, to be added to feed in addition to approved single ingredient feeds and medicating ingredients.

It also includes a requirement where if any person suspects that a feed presents a risk of harm they must investigate the matter immediately.

In addition, the exceptions for exporting a feed that does not meet the Canadian feed regulatory standards will come into effect immediately.

To allow time for stakeholders to adjust, some of these changes will also have a transitional provision, as indicated below.

2. Requirements with a delayed effect

There are a number of requirements outlined in the Feeds Regulations, 2021 that will be delayed by 12 or 18 months before they come into force. This will provide stakeholders time to understand and implement these requirements.

The following provisions will come into effect 12 months after the new Regulations are published in Canada Gazette, Part II:

Livestock species

The expanded scope of livestock species will come into effect 12 months after the new Regulations are published in Canada Gazette, Part II. The new Regulations will continue to apply to feeds for the livestock species indicated in the Feeds Regulations, 1983 (cattle, sheep, goats, poultry, fish, swine, horses, and rabbits). The Feeds Regulations, 2021 will not apply to feeds for mink and fox from the time the new Regulations are published in Canada Gazette, Part II. The additional livestock species will come into effect after 12 months, and they will include: bison, water buffalo, cervids, llamas, alpacas, ratites, pigeons, pheasants, partridges, quail, grouse, guinea fowl, pea fowl, bees, and molluscs and crustaceans intended for human consumption. This will provide time for feed establishments that manufacture feeds for these additional livestock species to bring their products and operations into compliance with the new Regulations.

Hazard analysis, preventive controls, and preventive control plans

The requirement to identify hazards, put in place preventive controls and to prepare, keep, maintain and implement a preventive control plan will not come into effect until 12 months after the new Regulations are published in Canada Gazette, Part II. This will provide time for feed establishments to meet these new requirements.

Complaints

The requirement to prepare, keep, maintain and implement a procedure for receiving, investigating and responding to complaints will not come into effect until 12 months after the new Regulations are published in Canada Gazette, Part II.

Recall Procedures

The requirement to prepare, keep, maintain and implement a recall procedure will not come into effect until 12 months after the new Regulations are published in Canada Gazette, Part II.

Imported feeds

The new Regulations will require importers of feed to demonstrate that the feeds they import were made and handled in conditions that provide at least the same level of protection as a feed made in Canada. This requirement will not come into effect until 12 months after the new Regulations are published in Canada Gazette, Part II.

Traceability

The requirement to keep records tracing the movement of incoming raw materials to manufacture feed, of single ingredient feeds and mixed feeds, and the requirement to provide these records in the event of a feed safety investigation will not come into effect until 12 months after the new Regulations are published in Canada Gazette, Part II.

The following provisions will come into effect 18 months after the new Regulations are published in Canada Gazette, Part II:

Licencing

The requirement for people to hold a licence before they conduct certain feed-related activities will not come into force until 18 months after the new Regulations are published in Canada Gazette, Part II.

Export certificates or documents

As this new requirement is linked to licences, the new Regulations respecting the issuing of export certificates or documents will also come into force 18 months after the new Regulations are published in Canada Gazette, Part II. This will not have an impact on any other export related documents that CFIA currently issues.

Import of a non-compliant feed

The exceptions to allow the import of a feed that does not meet Canadian standards if such feed will be further processed and then exported, will not come into force until 18 months after the new Regulations are published in Canada Gazette, Part II. This delay period is related to the delay in the licencing requirement.

3. Transitional Provisions

Additional requirements will gradually come into force upon publication in Canada Gazette, Part II. For these requirements, a transitional period has been provided to allow stakeholders to come into compliance.

There are 2 types of transitional provisions outlined in the Feeds Regulations, 2021.

The first type of transition addresses applications, authorizations, and record-keeping requirements when the activity occurred under the Feeds Regulations, 1983.

The second type of transition is a period of time where a stakeholder can choose to follow either the previous or the new Regulations. This will give stakeholders additional time to use up existing labels, for example, and meet the new general and safety standards for feed.

Record-keeping requirements

If a feed is manufactured before the Feeds Regulations, 2021 come into force, the requirements for retention of documents outlined in the Feeds Regulations, 1983 (Section 15(1) and 15(4)) will continue to apply. If the feed is manufactured on or after the Feeds Regulations, 2021 come into force, the requirements for retention of documents outlined in the Feeds Regulations, 2021 will apply.

Certificate of registration

A certificate of registration issued under the Feeds Regulations, 1983 will continue to be valid after the Feeds Regulations, 2021 come into force.

Cancellation of certificate of registration

If a notice has been sent for the cancellation of a certificate of registration before the Feeds Regulations, 2021 come into force, the process for the cancellation outlined in the Feeds Regulations, 1983 (Section 12) will continue to apply. If the notice for cancellation is sent on or after the Feeds Regulations, 2021 come into force, the requirements for cancellation outlined in the Feeds Regulation, 2021 will apply.

Application for feed registration

If an application to register a feed has been received, and the evaluation and outcome of the assessment has not been finalized on the day the Feeds Regulations, 2021 come into force, the process will follow the requirements outlined in the Feeds Regulations, 1983.

Application for research exemptions

If an application for a research exemption under Section 3(c.1) of the Feeds Regulations, 1983 has been received, and the evaluation and outcome of the assessment has not been finalized on the day the Feeds Regulations, 2021 come into force, the process will follow the requirements outlined in the Feeds Regulations, 1983.

Authorization for the release of a novel feed

If the authorization for the release of a novel feed has been received and the evaluation and outcome of the assessment has not been finalized on the day the Feeds Regulations, 2021 come into force, the information requirements will follow the Feeds Regulations, 1983, and if found acceptable, would follow the approval process in the Feeds Regulations, 2021.

Labelling requirements

A 12-month transition period will be provided for feed labels. During this time a feed can be labelled following either the previous or the new requirements. Feed labels must comply with the requirements outlined in the Feeds Regulations, 2021 or the requirements outlined in the Feeds Regulations, 1983 (section 24 to 26 and 33). This provides time for existing labels to be used in the marketplace and for feed establishments to transition from the Feed Regulations, 1983 to the Feeds Regulations, 2021. Feed establishments cannot use a combination of new and previous labelling requirements on the same feed label.

General and safety standards

A 12-month transition period will also be provided for general and safety standards. Feeds will need to either meet the general and safety standards outlined in the Feeds Regulations, 2021 or the general and safety standards (Section 19 and 22) outlined in the Feeds Regulations, 1983.

After the 12-month transition period, the labelling requirements and general and safety standards described in the Feeds Regulations, 2021 must be met.

Benefits

This range of provisions is intended to provide stakeholders with time to bring their operations into compliance with the Feeds Regulations, 2021 while allowing them to take advantage of increased flexibilities as soon as possible. In addition to these provisions, the CFIA will also provide guidance on the new Regulations, will encourage compliance promotion, and will assume an educational approach during routine inspection activities.

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