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Licensing guidance for the proposed Feeds Regulations, 2022

The information in this document is based on requirements set out in the proposed Feeds Regulations, 2022 (the "regulations"). The information is intended to help regulated parties understand the requirements within the regulations once they come into force. The proposed requirements are subject to change as the regulatory process advances through its various stages. In the interim, current laws applicable to livestock feed in Canada continue to apply.

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Introduction

The proposed Feeds Regulations, 2022 will impact a variety of stakeholders who manufacture, import and sell mixed feeds and single ingredient feeds (SIFs). Under these new regulations, many feed businesses will need a licence based on the feed-related activities they conduct. This would be a new regulatory requirement.

A licence will be required for feed businesses that conduct a prescribed activity with a prescribed feed that is to be exported, imported for sale or sent or conveyed across provincial boundaries. Licences are not required if a feed is being made and sold within the same province. In addition, if a feed is registered, a licence would not be required.

Purpose

This document is intended to guide feed businesses in understanding the new licensing requirements in the proposed Feeds Regulations, 2022.

What is included

This document provides details about the new licensing requirements in the proposed Feeds Regulations, 2022 and presents scenarios that feed stakeholders may face with respect to these requirements.

Licensing

Conditions

Feed businesses that the proposed Feeds Regulations, 2022 apply to include the following:

Under the proposed Feeds Regulations, 2022, feed businesses will need a licence if they conduct any of these prescribed activities:

A licence is not required if:

The proposed licensing requirements have a delayed coming into force. Licences would not be required until 18 months after the regulations are published in Canada Gazette, Part II.

How to get a licence

Additional guidance on how to obtain a licence, how to set up a MyCFIA account and best practices will be provided in the future.

However, the licensing process for feed businesses will follow a similar approach to what is already in place for food businesses under the Safe Food for Canadians Regulations. To obtain a licence, the applicant will need to determine which prescribed feeds and activities they conduct. A feed business may choose to apply for one licence that covers all of its feed establishments, prescribed activities and types of feed, or multiple licences that would cover different combinations of feed establishments, prescribed activities and types of feed. An inspection prior to the issuance, renewal, or amendment of a licence may be required depending on the risk of the feed type and compliance history of the feed establishment.

Fee and period of validity of a licence

Licences will be valid for 2 years and it is anticipated that the licensing fee will be similar to that of a food licence, which currently costs $250 every 2 years.

Benefits of the licensing requirement

The new licensing requirement will provide the following benefits:

Licensing scenarios

In this section, some common scenarios are presented to help regulated parties understand the proposed licensing requirements.

Example 1: A feed business is conducting a prescribed activity (for example, selling a feed from Alberta to Nova Scotia) with a registered feed

A licence is not required. A feed business will not need a licence to conduct prescribed activities with a registered feed, domestic or imported.

Example 2: A feed business is conducting prescribed activities with a registered feed and would also like to apply for a licence

A licence is not required since the feed is registered, however, a feed business can choose to voluntarily apply for a licence.

Example 3: A feed business has a licence and would like to conduct a prescribed activity with a feed that requires registration

The feed will need to be registered. Even if a company already has a licence, this does not exempt them from registering feeds that are required to be registered. A licence would not be required to conduct the prescribed activity once the feed is registered.

Example 4: A feed business has multiple feed establishments and would like to apply for one licence

Feed businesses may choose to apply for a single licence covering several feed establishments or an individual licence for each feed establishment as long as the types of feed and prescribed activities conducted at each feed establishment are covered by the licence. Additional guidance on determining the best approach will be provided in the future.

Example 5: A livestock producer plans to import a feed to feed to their own animals

A licence is not needed by someone importing a single ingredient feed (SIF) or mixed feed to feed their own livestock (although the livestock producer, as the importer, may voluntarily apply for a licence). However, the SIF or mixed feed must be registered before it can be imported for own use without a licence.

Example 6: A commercial feed mill plans to import a feed for sale that is not registered

In order to import a non-registered feed for sale, the feed business importing it has 2 options:

Some feeds require mandatory registration whether they are made domestically or imported (refer to Feed approval and product registration guidance for the proposed Feeds Regulations, 2022 for more information), therefore it is the importer's responsibility to verify whether the feed being imported must be registered. If the feed is exempt from registration, the importer has the choice to either voluntarily register the feed or to obtain a licence.

Example 7: A commercial feed mill plans to import a mineral premix to use in the manufacture of a complete feed and then sell the complete feed within the same province

The commercial feed mill that is importing the mineral premix will need to either ensure that the mineral premix is registered or obtain a licence. If the mineral premix is not registered it must be imported by a licence holder. In addition, a licence will be required to perform prescribed activities such as storing, transporting or processing (using the feed to manufacture another feed) with the imported mineral premix. Since the complete feed that will be made using the mineral premix is being sold within the same province a licence is not required for that activity.

Example 8: A feed business plans to import a SIF to use in the manufacture of another feed

Feed businesses importing a SIF are responsible for verifying whether the SIF requires registration. If the SIF requires registration, a licence will not be required to import it. If it does not require registration, the feed business will need a licence to import it into Canada.

If an imported SIF, that does is not registered is later used to manufacture another feed, a licence would be required for that activity (processing a feed that has been imported for sale). In addition, a licence would be required for the resulting feed if it will be sent across a provincial border or exported (unless the resulting feed is registered).

Example 9: A feed business in the United States would like to hold a licence to conduct prescribed activities

A feed business that is located outside Canada may be a licence holder; however, the prescribed activities identified in the licence must be conducted within Canada.

Foreign feed manufacturers may also register a feed intended for import. Therefore, a foreign manufacturer may choose to register their feed, in which case a licence would not be required for import for sale or to conduct prescribed activities with that feed.

Example 10: A feed business hires a customs broker to import feed for sale on their behalf

A customs broker hired to import feed for sale does not need to obtain a licence. It is the feed business that hired the customs broker that needs to obtain a licence.

With respect to feed imports, the licence holder is the person (or feed business) responsible for ensuring that the imported feed meets Canadian regulatory requirements. This is also the person (or feed business) that the CFIA will contact in the event of an issue or recall. A feed business can decide to hire someone to help facilitate and act as an agent during the import process, such as a customs broker. However, as the importer, the feed business will hold the licence and be responsible for ensuring all regulatory requirements are met.

Example 11: A feed business manufactures a feed that will be exported to another country where an export certificate is required

With respect to feed exports, the CFIA requires that applications for export certificates or other export documentation come from a licenced feed business. Therefore, the feed business conducting prescribed activities for a feed intended for export is required to hold a licence.

Example 12: A feed business plans to send an imported registered feed from one province to another

A feed business that imports a registered feed (or owns an imported registered feed) does not need a licence to send the imported feed to another province.

Example 13: A feed business contracts a transport company to convey feed between provinces or across international borders

The transport company does not need a licence. The owner of the feed is responsible for complying with licensing requirements for the feed and activities performed with it; therefore third party carriers of the feed do not need a licence.

Receivers of the feed are also responsible for complying with licensing requirements depending on the type of feed and prescribed activities they conduct with it.

Example 14: A feed business (other than the initial importer) is conducting prescribed activities with an imported feed within the same province

Unless the imported feed is registered, a feed business that purchases an imported feed and uses that feed to conduct prescribed activities (such as storing, processing, packaging, labelling, or delivering) will need a licence. An imported feed is considered to be an imported feed until it has been processed into a new feed or fed to livestock.

Example 15: A livestock producer makes a feed to feed their own livestock, but has a farm in different provinces

The livestock producer does not need a licence. If a livestock producer has a farm that is located in more than one province, they do not need a licence to move the feed within their farm and between provinces in order to use it for their own livestock.

Example 16: A feed business purchases and then repackages and relabels a feed for sale within the same province

A feed business will not require a licence to relabel or repackage a feed made in Canada that will be sold only within the same province.

Feed businesses will require a licence to relabel or repackage an imported feed, even if it will be sold only within the same province, unless the imported feed is registered.

Example 17: A feed business plans to import a feed and mix it with a medication and then export the resulting feed

A feed that does not meet the Canadian standards may be imported if it is labelled "Imported for Export". This imported feed must to be stored, processed, packaged or labelled for the purpose of exporting it and those activities must be conducted by a licence holder. The activity of exporting the resulting feed would also need to be conducted by a licence holder. In this case, the imported feed would not need to be registered.

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