How to request a modification to a document incorporated by reference by the CFIA into the Feeds Regulations, 2024

1.0 Introduction

The Feeds Regulations, 2024 incorporate 9 documents by reference.

Canadian Feed Ingredients Table
Compendium of Medicating Ingredient Brochures
Compendium of Non-Feed Products
Tables of Nutrient Guarantees and Conditions for Feed Labels
Tables of Permissible Claims for Feed Labels
List of Weed Seeds and Maximum Levels for Feeds
Tables of Maximum Nutrient Values for Feeds
Tables of Maximum Contaminant Levels for Feeds
List of Prescribed Deleterious Substances

Incorporation by reference (IBR) is a drafting technique that brings the content of a document into a regulation without the need to reproduce the document's text in the regulation itself.

Section 5.1 of the Feeds Act provides the authority to incorporate documents by reference into the Feeds Regulations, 2024, provided that certain requirements are met.

The documents that have been incorporated by reference by the Canadian Food Inspection Agency (CFIA) into the Feeds Regulations, 2024 are ambulatory, which allows them to be modified by their administrators (that is, the CFIA) from time to time. Although modifications to ambulatory incorporated documents do not go through the Canada Gazette process, the CFIA is responsible for ensuring that these documents are maintained based on the guiding principles of accessibility, transparency, consistency, reasonableness, and clarity, in accordance with the CFIA Incorporation by Reference Policy.

2.0 Purpose

This document describes the standardized process that stakeholders, such as livestock feed businesses, industry associations and other governmental departments, should follow to request a modification to any document that has been incorporated by reference by the CFIA into the Feeds Regulations, 2024.

For specific information on the types of modifications which may be requested, based on the content of each document incorporated into the Feeds Regulations, 2024, see annex 1.

3.0 Acronyms

CFIA: Canadian Food Inspection Agency
CFIT: Canadian Feed Ingredients Table
CMIB: Compendium of Medicating Ingredient Brochures
IBR: Incorporation by reference
WTO: World Trade Organization

4.0 Definitions

Administrator: means the department, agency, organization or association that created and is responsible for maintaining an IBR document.
IBR document: means, for the purpose of this document, an ambulatory document that has been incorporated by reference by the CFIA into the Feeds Regulations, 2024, and any IBR document created and maintained by the CFIA.
Proposal: means a proposed modification to an existing IBR document.
Requester: means the party who proposes a modification to an existing IBR document.

5.0 Resources

6.0 Proposed modifications to incorporated documents created by the CFIA

Refer to the CFIA's Inventory of documents incorporated by reference to access the documents currently incorporated by reference into any regulations that the CFIA administers. All of the IBR documents under the Feeds Regulations, 2024 are presented in the inventory as those that have "CFIA" listed under the "Source" column. Livestock feed specific IBR documents indicate "Feeds Regulations, 2024" under the "Regulations" column.

6.1 Submission

To request a modification to an IBR document, stakeholders such as livestock feed businesses, industry associations and other government departments, must submit an application.

Requests for modification in the Canadian Feed Ingredients Table

Requests for new or modified single ingredient feed (SIF) descriptions in the Canadian Feed Ingredients Table (CFIT) can be made as per the process for feed approval or registration and:

must be made via the My CFIA online livestock feed application portal
required data must be provided as per the livestock feed type as outlined in chapter 2 and chapter 3 of the RG-1 document

Requests for modification to all other IBR documents

Requests to modify other IBR documents:

must be made via the My CFIA online livestock feed application portal using the data review application
- select the "modification to incorporation by reference (IBR) document or regulatory guidance" option on the form
must include the following information in support of the request:
- title of the IBR document
- section of the IBR document that is to be modified
- proposed modification (that is, a proposal)
- rationale for the proposed modification
- scientific evidence that supports the proposed modification, if applicable
- list of stakeholders that could be impacted by the proposed modification, for example:
  - specific industry sectors or individual businesses
  - industry associations
  - consumers
- Potential impact (positive and/or negative) on consumers, trade, regulated parties and regulators, for example:
  - health and safety impact on consumers
  - market access impact
  - financial burden on regulated parties
  - resource implications for regulators
- evidence of industry support, if applicable, for example:
  - letter from industry association(s) in support of the proposed modification
  - summary of engagement that has taken place and participants during the engagement process

6.2 CFIA analysis of the proposal

The CFIA takes the following steps to analyze a submission of a proposal to modify an IBR document.

6.2.1 Screening

The CFIA screens the submission to ensure completeness, clarity and validity. The CFIA may contact the requester via My CFIA if the submission is incomplete, unclear, or if questions arise during the screening process.

6.2.2 Classification

The CFIA will classify the proposal into one of the following 4 categories to help determine the extent of consultation and approvals needed to modify the IBR document:

a) Technical/complex

A proposal that is technical/complex has an impact on stakeholders. It may affect the standards of a livestock feed, set a new or amended labelling requirement or impact industry's ability to market their products in Canada and internationally. It may also address a non-immediate risk to human health, animal health, or the environment, such as the mitigation of a hazard that presents a potential risk.

Examples:

to add a mandatory guarantee for certain livestock feed types in the Tables of Nutrient Guarantees and Conditions for Feed Labels
to add another weed seed to the List of Weed Seeds and Maximum Levels for Feeds
to revise the maximum level of a mycotoxin in the Tables of Maximum Contaminant Levels for Feeds

b) Immediate health and safety risk

A proposal that addresses an immediate health and safety risk or mitigates a hazard that presents an immediate risk to human health, animal health or the environment, such as measures to address a feed safety risk based on new scientific evidence.

c) Minor administrative adjustments

Minor administrative adjustments are limited to those of a "house-keeping" nature that have no impact on health and safety nor on industry's ability to market their products in Canada and internationally.

Examples:

to correct spelling or grammar errors
to improve formatting or sentence structure
to correct broken links to references

d) Consequential

Consequential modifications have no known negative impact on health and safety nor on industry's ability to market products in Canada and internationally. For example, to reflect new or modified Government of Canada directives or decisions, such as updating a list or compendium to include products or substances approved by Health Canada.

For more specific information on the classification of potential modifications to specific documents that are incorporated into the Feeds Regulations, 2024, see annex 1.

6.2.3 Considerations

The CFIA considers the following factors when analyzing a proposal to modify an IBR document. A working group made up of various subject matter experts may be involved at this step.

Factors:

consistency with the CFIA's mandate and policy objectives
potential administrative and operational modifications required for regulated parties to comply with the proposed modifications
level of clarity in understanding the document's content to ensure stakeholder compliance
resources and capacity required for CFIA inspectors to perform their duties, such as potential tools and training
resources and capacity of the Animal Feed Program, and impact on other CFIA programs
the cost-benefit analysis contained in the Regulatory Impact Analysis Statement (RIAS) that accompanied the regulatory changes proposing the new IBR documents in regulations
international trade implications, including CODEX standards
preliminary stakeholder support
- the CFIA may identify other stakeholders that were not included in the submission and may consult with them to assess their support of the proposed modification.
transition period
- the CFIA may propose that a transition period be applied in order to give regulated parties time to adjust their practices and procedures to the modified IBR document
- the CFIA considers factors such as the readiness of impacted stakeholders, including the time needed to adjust for compliance, and any applicable legislative, regulatory or other formal requirements (such as international arrangements)
- the CFIA may consult with stakeholders about the application of a transition period
other considerations
- refer to the CFIA Incorporation by Reference Policy, Annex A – Document selection considerations, for additional factors for consideration.

The CFIA may also initiate an update to an IBR document and will follow the same process for consideration and consultation as outlined below.

6.3 Approval of proposal

Following analysis of the proposal and any preliminary consultations or outreach, the CFIA will recommend an approach and determine the next steps in the process as well as the timelines for these steps. The CFIA will contact the requester via My CFIA to notify them of the decision.

a) Approved technical/complex proposals

For approved technical/complex proposals, the CFIA proceeds to section 6.4 – Consultation.

b) Approved proposals that address an immediate health and safety risk

Approved proposals that address an immediate risk to health and safety may need to be implemented quickly in order to protect the health and safety of livestock and the public; therefore, the CFIA may proceed immediately to section 6.5 – Final document modification. In the case where the approval does not need to be implemented quickly, the CFIA will proceed to section 6.4 – Consultation.

c) Approved proposals that address minor administrative adjustments

For approved proposals that address minor administrative adjustments, the CFIA will proceed directly to section 6.5 – Final document modification.

d) Approved consequential proposals

For approved consequential proposals, the CFIA will proceed directly to section 6.5 – Final document modification.

6.4 Consultation

6.4.1 Notification and collection of comments

For an approved technical/complex proposal, the CFIA conducts a public consultation to provide stakeholders the opportunity to comment on the proposed modification. The CFIA posts the consultation on its Consultations and engagement page. The CFIA notifies stakeholders of the consultation using various methods, such as email distribution lists and direct discussions. Stakeholders are also informed of the duration of the consultation and how they can provide comments about the proposed changes. Refer to the CFIA's Consultation policy and framework for more information on the principles and stages of consultation.

For proposals that may have an impact on international trade, the CFIA submits a notification to the World Trade Organization (WTO) regarding the consultation, in accordance with Canada's international obligations. A 60-day notification process is typically required.

6.4.2 Analysis of comments

Following the closure of the consultation, the CFIA reviews all the comments received and updates the proposal as needed. If significant issues are raised during the comment period, the CFIA may return to section 6.2.3 – Considerations to further analyze and potentially amend the proposal.

6.4.3 Summary of comments

The CFIA develops a summary of the comments received during the consultation, which is posted on its Consultations and engagement page. The CFIA notifies stakeholders when the summary document is available online, using the same email distribution lists and direct discussions with stakeholders used in section 6.4.1 – Notification and collection of comments. The summary of comments contains a section on the CFIA's next steps, which may include:

implementing the proposed modifications
revising the proposed modifications by taking into consideration the comments received
going back to the initial applicant who requested the proposed modification for more information.
not proceeding with the proposed modification and, if applicable, considering other options

6.5 Final document modification

6.5.1 Modification and final approval

The CFIA modifies the IBR document according to the proposal and sends it to the appropriate CFIA senior manager(s) for final approval, as required. The CFIA also prepares a summary of the modifications in both official languages.

6.5.2 Publication

The CFIA publishes the modified IBR document on its website in both French and English, indicating any transition period. This includes updating the CFIA's Inventory of documents incorporated by reference with a link to the modified IBR document. Any other links to the document on the CFIA website will also be updated. The CFIA archives the previous version of the document along with the summary of the modifications.

Any modification made to an IBR document takes effect on the date the modified version is published on the CFIA's website or the date indicated on the document, unless a transition period is applied.

6.5.3 Notification

The CFIA uses various communication methods, for example, email distribution lists and direct discussion with industry associations, to inform stakeholders of the publication of the modified IBR document and provide them with a link to it. For modifications that may have an impact on international trade, the CFIA submits a notification to the WTO regarding the publication of the modified document.

Annex 1: Additional information on the modification and update of each IBR document in the Feeds Regulations, 2024

1. Canadian Feed Ingredients Table (CFIT)

Updates to the CFIT are generally considered technical updates. Stakeholders will need to submit an application for approval of a single ingredient feed (SIF) as indicated in section 6.1. Following the evaluation of an application for a new SIF or modification of an existing one, wherein all applicable requirements have been met, the CFIA will recommend the SIF for approval. There will then be a 30-day consultation on the proposed SIF description following the steps outlined in sections 6.4 and 6.5 above.

If there are any minor administrative adjustments needed, such as a spelling error, stakeholders are encouraged to notify the CFIA by following the steps outlined in section 6.1.

2. Compendium of Medicating Ingredient Brochures (CMIB)

Updates to the CMIB are generally considered consequential. Updates will be conducted when Health Canada issues changes or updates veterinary drugs that are identified with a Drug Identification Number (DIN).

If there are any minor administrative adjustments needed, such as a spelling error, stakeholders are encouraged to notify the CFIA by following the steps outlined in section 6.1.

3. Compendium of Non-Feed Products

Updates to the compendium of non-feed products are generally considered consequential. Updates will be conducted when Health Canada issues changes to products with a Notification Number (NN) for use in livestock feed or when the Canadian Centre for Veterinary Biologics authorizes a veterinary biologic for use in livestock feed.

If there are any minor administrative adjustments needed, such as a spelling error, stakeholders are encouraged to notify the CFIA by following the steps outlined in section 6.1.

4. Tables of Nutrient Guarantees and Conditions for Feed Labels

Updates to the tables of nutrient guarantees and conditions are generally considered technical updates. Stakeholders will need to follow the steps outlined in section 6.1 to submit a request for a change. The process outlined in sections 6.2 to 6.5 will be followed.