Summary of Memorandum
The memorandum below provides clarity on the relationship between medicated feeds, Table 4Footnote 1 of the Feeds Regulations and exemption from registration.
A medicated feed may be exempt from registration if it is made according to the CMIBFootnote 2 and it meets the requirements in Table 4. Medicated feeds that are not made according to the CMIB require a veterinary prescriptionFootnote 3 and are exempt from registration regardless of whether they meet Table 4 requirements.
It is recognized that some provinces require veterinary prescriptions prior to the sale of all medicated feeds. In situations where a veterinary prescription is written for a medicated feed made in accordance with the CMIB, the feed must meet Table 4 requirements in order to be exempt from registration. The provincial requirement does not affect the necessity for feeds made according to the CMIB to also meet Table 4 requirements.
Question/Issue
Multiple inspectors have requested clarification on whether feeds manufactured under a veterinary prescription are required to meet Table 4 guarantees for nutrients or not.
Background
Section 5(2) of the Feeds Regulations lists feeds that are not required to be registered. The subsections within this section, specifically subsections 2 (c), (d), (e) and (g), describe several types of feed and the parameters that each feed must meet. To provide a response to the question it must be determined if the requirements are additive in this section. In other words, in addition to the requirements for a veterinary prescription identified in Section 5(2)(g) does that feed also need to meet the parameters for a complete feed in Section 5(2)(d) and thus is it required to meet Table 4 nutrient guarantees?
Program Response
The requirements set out in section 5 subsections 2 (d), (e) and (g) are not additive so they must be read separately. The subsections relative to complete feeds and consultant formula feeds expressly indicate that Table 4 nutrient guarantees must be met, while the subsection specific to veterinary prescription feed is silent in this regard. As such, a veterinary prescription feed does not need to meet Table 4 nutrient guarantees.
Important Notes:
- As per Section 14(b), medicating ingredients are to meet the CMIB unless the feed is a veterinary prescription feed. If a medicating ingredient subject to 5(2)(c), is used to manufacture a feed compliant with the CMIB in all aspects (e.g. medication of a brand, at a level, intended for a species and for a purpose authorized by the CMIB) any veterinary prescription issued for this feed is irrelevant for the purposes of the administration of the Feeds Regulations. Table 4 still applies in this case, as well as to any non-medicated feed which may be prescribed by a veterinarian.
- 5(2)(g) only applies to medicated feed prescribed by a veterinarian that contains a medicating ingredient at a level or for a purpose or species that is other than as set out in the CMIB (e.g. off-label use). In this case, the feed is not required to adhere to the maximum and minimum nutrient levels specified in Table 4.
- A feed that is not required to be registered pursuant to 5(2)(a), (b), (d), (e), (f) or (g) must still conform to the standards prescribed in the Feeds Regulations for that feed and must be packaged and labelled as prescribed in Feeds Regulations.
- In particular, labels for veterinary prescription feeds, which are exempt from registration pursuant to Feeds Regulations 5(2)(g) must satisfy:
- The specific label requirements for veterinary prescription feeds as set out in Feeds Regulations 26(7).
- The general feed label requirements set out in Feeds Regulations 26(1), including a statement of the guaranteed analysis as set out in paragraph (g).
- Pursuant to Feeds Regulations 24(1) the guaranteed analysis must include the appropriate particulars as set out in Table 3.
- Feeds Regulations 19(j) and (k) give authority to take action against feeds with concentrations of certain nutrients which may be high enough to result in an article of food that is prohibited for sale by virtue of section 4 of the Food and Drugs Act, or which are likely to cause deleterious effects to livestock, respectively.