Inspection documentation – Customer formula feeds

General principles

• The Canadian Food Inspection Agency (CFIA) verifies that livestock feeds manufactured and sold in Canada (or imported into Canada) are safe, effective and labelled appropriately
• The Feeds Act and Regulations and the Health of Animals Act and Regulations set out the legal requirements for all feed manufacturers, which includes regulations governing the manufacturing and sale of customer formula feeds
• Customer formula feeds manufactured in Canada may be exempt from registration if regulatory exemption standards are met; all imported mixed feeds must be registered.
• The purpose of this document is to provide clarification to stakeholders, including but not limited to CFIA inspection staff and the Canadian feed industry, on the documentation required to support the manufacturing and labelling of customer formula feeds

Regulatory authority

• A Customer Formula Feed is defined in Section 2 of the Feeds Regulations as:
  1. a feed that is manufactured by a manufacturer for feeding to his own livestock
  2. a feed that is manufactured by a manufacturer pursuant to a written order that is signed^Footnote 1 by a purchaser and that states the kind and amount of each single ingredient feed to be used in the manufacture of that feed, or
  3. a feed that is manufactured by a manufacturer pursuant to a written order that is signed by a purchaser and that states the kind and amount of each single ingredient feed to be added to other mixed feeds that would be acceptable for registration^Footnote 2, as a service to the purchaser, and in the case of a feed referred to in paragraph (b) or (c), that is not intended for resale by that purchaser or, where that purchaser is a feed manufacturer, that is not intended for use by that purchaser in the manufacture of a feed referred to in paragraph (b) or (c).

The definition described above provides producers with the flexibility to request the manufacturing of specific feeds based on their knowledge of their livestock's needs, without requiring registration. While the regulations are clear that a signed written order, indicating the name and amount of specific ingredients to be used, must be provided whenever a customer formula feed is to be manufactured, the production mechanics and manufacturing of feeds has evolved since the initial writing of the regulations. Therefore, given the frequency a specific customer formula feed could be ordered by the same customer over a period of time, requiring a signed written order each time is not practical in most cases. Rather, the expectation is that before the customer formula feed is manufactured, the facility will have on-site:

1. a signed customer formula that meets the conditions necessary to be exempt from registration (i.e., contains all the required information to conform with one of the options identified in the customer formula definition); and
2. a written request that a specific amount of a customer formula feed be manufactured, supplied or furnished. The written request could be submitted by the purchaser or transcribed by the seller and would contain the name and amount of each customer formula product being requested, the date the request was made and the name of the person making and/or transcribing the request.

When these two criteria are met, the full intent of the customer formula feed definition is met.

• The examples above show the addition of single ingredient feeds to a mixed feed (premix/supplement or complete feed) it is permissible for the mixing formula/mixing sheet for these customer formula feeds to include all the ingredients within the respective mixed feed, in addition to the single ingredients listed in the customer formula.
• A document signed by a purchaser that lists the guaranteed analysis of a particular feed rather than the actual single ingredients and/or mixed feeds to be used, does not meet the regulatory definition of a customer formula feed and thus would be found in contravention of the Feeds Regulations.
• Manufacturers that do not meet the exemption from registration criteria outlined in the customer formula feed definitions may consider applying for registration of these products.
• A signed customer formula that meets the conditions necessary to be exempt from registration may be faxed or emailed to the commercial facility for manufacturing purposes as long as the original signed formula is in the manufacturer's possession prior to distribution of the customer formula feed

Regulatory requirements for customer formula feeds

Exemption from registration

• must be manufactured in Canada
• a signed customer formula that meets the following standards is in possession of the manufacturer prior to the manufacture of the feed
  • identifies only approved single ingredient feeds or mixed feeds in compliance with the regulations
  • does not identify in-house micro premixes^Footnote 3 or DIN products^Footnote 4 as they are neither single ingredient feeds nor mixed feeds acceptable for registration
  • does not identify or include other customer formula feeds
• a signed written order must be in possession of the manufacturer prior to the manufacture of the feed (one signed written order for each customer formula feed to be manufactured) or
• a signed customer formula is in possession of the manufacturer and customer formula feeds are manufactured only after the signed customer formula and written request are received specifying the amount of the specific customer formula feed to be manufactured
• must not be resold
• intermediate sales (e.g. manufacturer to retailer to supplier of formula) are permitted as long as the final purchaser is the person that supplied the customer formula, the label contains the required information at all times and a copy of the signed customer formula and written request is in the possession of the manufacturer and the other individuals handling the customer formula feed
• must not be used to make different customer formula feeds by the manufacturer
• medicated customer formula feeds must meet part "c" of the customer formula definition where single ingredients are added to a medicated mixed feed acceptable for registration
• the unique name of the mixed feed (including the medication for medicated CMIB feeds) or a product code or other form of identification that will permit the assessment of compliance of the mixed feed used (medicated or not) must be listed on the signed customer formula
• copies of signed customer formula and a list of each date the feed was manufactured must be kept for at least six months from the last date of manufacture of that feed

Floor stocking

• not permitted to floor stock customer formula feeds
• CFIA inspectors are asked to confirm the facility has in its possession a signed customer formula and that customer formula feeds are produced only after a request is received from the purchaser indicating the amount of feed to manufacture. The practice of manufacturing customer formula feeds prior to receiving a request and floor stocking those feeds in anticipation of future orders would be deemed contrary to the regulatory definition and thus a contravention of the Feeds Regulations

Toll manufacturing

• an arrangement whereby a first firm with specialized equipment processes raw materials or semi-finished goods for a second firm, e.g. Feed Mill #1 requests Feed Mill #2 to manufacture a customer formula feed on their behalf due to the fact that Feed Mill #2 has specialized equipment
• toll manufacturing is permitted when copies of the signed customer formula and written request is provided to the toll manufacturer and the product is labelled as prescribed at the time of manufacturing which includes the name and address of the toll manufacturer as well as the name and address of the customer supplying the formula

Veterinary prescriptions and customer formula feeds

• where a veterinarian prescribes the addition of a medication to a customer formula feed, the resulting mixture is considered a veterinary prescription feed and must meet the requirements outlined in section 5(2)(g) (exemption from registration for a veterinary prescription feed) and section 26(7) (labelling) of the Feeds Regulations
• the medicating ingredient(s) indicated on the veterinarian prescription must be added to the specific customer formula feed identified by the veterinarian on the prescription
• the customer formula feed must exist initially and fully comply with the applicable standards outlined in the Feeds Regulations. The medicating ingredient(s) from the veterinary prescription are then added to that customer formula feed
• in addition to the labelling requirements prescribed in subsection 26(1), the veterinary prescription feed label must include the requirements specified in section 26(7)(a)to(g) of the Feeds Regulations (additional labelling requirements for veterinary prescription feeds)
• in the case of a veterinary prescription feed, the mixing formula/mixing sheet can show the addition of a drug premix (DIN product) to the customer formula feed to supply medications outside the approved levels identified in the CMIB^Footnote 5

Optional labelling requirements for customer formula feeds

• Recognized nutrient guarantees (i.e. those listed in Table 3 of the Feeds Regulations) are permitted and must accurately reflect the composition of the customer formula feed
• A complete list of ingredients is permitted as long as all ingredients are listed and are those identified on the signed customer formula
• Directions for use are permitted provided that they are not misleading
• The selenium supplementation table for lactating and dry dairy cattle is permitted

Mandatory labelling information^Footnote 6 for customer formula feeds

Non-medicated customer formula feeds

Medicated customer formula feeds

Veterinary prescription customer formula feeds

Questions regarding this policy should be forwarded to:

Phil Snelgrove
National Manager
Feed Inspection Support &Training Section
Animal Feed Division
Canadian Food Inspection Agency
59 Camelot Drive
Ottawa, Ontario K1A 0Y9
Telephone: 613-773-7514
Facsimile: 613-773-7565
Email: philip.snelgrove@canada.ca

References:

• Feeds Act and Regulations
• Health of Animals Act and Regulations
• RG-1 Regulatory Guidance: Feed Registration Procedures and Labelling Standards Chapter 3 – Specific Registration Information by Feed Type – 3.12 Micro Premixes
• RG-1 Regulatory Guidance: Feed Registration Procedures and Labelling Standards Chapter 4 – Labeling and Guarantees – 4.1 Labelling of Livestock Feeds