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T-4- 124 – Export certificates under the Fertilizers Act

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Effective October 26, 2020, the amended Fertilizers Regulations are in force. Regulated parties can comply with either the "new" regulations or the "old" regulations for a period of 3 years. This applies to the manufacture, sale, import or export of fertilizers and supplements regulated under the Fertilizers Act.

New regulatory requirements (as of October 26, 2020)

1. Purpose

The purpose of this document is to outline the information requirements for obtaining an export certificate for fertilizers and supplements intended for export and labelled accordingly and describe the process for reviewing applications.

2. Scope

Export certificates certify that the product met the Canadian regulatory requirements with respect to product safety and identity, but does not confirm compliance with the labelling requirements prescribed in the Fertilizers Act and regulations as labelling requirements may vary significantly between countries. Export certificates are issued to facilitate the export of products from Canada, but are not a mandatory requirement for export. This service is provided on request in order to support foreign market access for Canadian fertilizers and supplements. The authority to issue export certificates is provided by the Fertilizers Act and the Fertilizers Regulations.

Possession of an export certificate does not exempt a product from marketplace monitoring if the product is sold in Canada. When found in the marketplace, Non-compliant products may be subject to enforcement action including product detention and, in cases of repeated or severe contraventions, prosecution. Furthermore, a contravention of the Fertilizers Act and regulations invalidates the export certificate.

It is the responsibility of the manufacturer/distributor/retailer to ensure that the product continues to meet the requirements of the Fertilizers Act and regulations and associated policies as they may change over time. Failure to do so may render an export certificate invalid. Furthermore, the export certificate issued by the Canadian Food Inspection Agency (CFIA) does not exempt the product from the applicable provincial and/or municipal regulations and requirements if and when the product is sold in Canada.

The review of the information provided in support of an export certificate does not involve consideration of the requirements (regulatory or otherwise) of the importing country. It is the responsibility of the exporter to ensure that requirements of the destination country are complied with prior to exportation.

3. Eligibility

Products eligible for export certification include:

  • Products comprised of fertilizer and supplement materials as they appear on the List of Primary Fertilizer and Supplement Materials (List of Materials) as long as they meet the term (definition and compositional criteria) prescribed on the List of Materials
  • Mixtures of materials that appear on the List of Materials, as long as the material meets the compositional criteria for the term and meet the term and compositional criteria for that term
  • Products that are otherwise exempt from registration and
  • Products that are currently registered under the Fertilizers Act

4. Conditions and limitations

  • The export certificate applies only to the product for which a certificate was granted.
  • The assessment is based on the review of information provided by the applicant/product proponent in their application.
  • Any changes made to the ingredients in the final product and/or their sources or the manufacturing process will invalidate the certificate.
  • The review of the safety and identity information does not include a comprehensive label review or verification of the quality or performance of the product as the latter lie outside the mandate of the CFIA and the Fertilizers Act and regulations.
  • Additional analysis may be requested at varying intervals to ensure certificate remains valid.
  • The certificate is valid for 1 year.

5. Information Requirements

In order to receive an export certificate, the application must demonstrate that the product met the Canadian requirements with respect to the safety and identity of the product when it is used according to directions. As such, only the portions of the label that impact the safe and sustainable use of the product (for example directions for use, precautionary statements and/or instructions for use of personal protective equipment) are considered as part of the evaluation. The following information is required to enable the review in support of issuing an export certificate:

  • Cover letter
  • A complete list of all constituent materials (including the active ingredients and inert formulants), their sources and origin and proportions in the final product (CAS # should be included if available)
  • Detailed description of the method of manufacture including all applicable quality control and quality assurance methods used
  • Results of analyses for contaminants of concern which may include metals, indicator organisms, and/or dioxins and furans (for further guidance on what results of analysis are required per product type are listed in Appendix 1 below); for prohibitions and safety standards applicable to all fertilizers and supplements please refer to Trade Memorandum T-4-93
  • Results of analysis demonstrating the identity of the product (for example nutrient content analysis)
  • Copy of the proposed label, or the text that is proposed to appear upon it (directions for use, precautionary statements, protective equipment, etc.)

Please note that submission of results of analysis at certain intervals during the period when the certificate is valid may be required.

6. Review process and Service Delivery Standards

Please direct all applications for export certificates to:

Pre-market Application Submissions Office
Canadian Food Inspection Agency
59 Camelot Drive
Ottawa, Ontario K1A 0Y9
E-mail: cfia.paso-bpdpm.acia@inspection.gc.ca
Phone: 1-855-212-7695
Fax: 613-773-7115

A submission control number will be assigned to the file and an acknowledgement email will be sent to the applicant within 5 working days of the receipt. Applicants are strongly encouraged to ensure that their applications are complete and well organized – it is recommended to follow the same format as for the registration applications described in the Guide to Submitting Applications for Registration Under the Fertilizers Act.

Furthermore, if deficiencies or data gaps are identified – it is important that the applicant(s) respond quickly and comprehensively – otherwise the file will be closed and returned to the applicant (on request). There are currently no service delivery standards associated with the review of applications for export certificates. Nevertheless, the CFIA appreciates the importance of timely review and issuance of the certificates.

The timelines will also depend on the extent of the review that is required; for example products that are currently registered for sale in Canada will not require a substantive review as the safety and identity information would have already been evaluated during registration.

7. Fees

There are currently no fees in the CFIA User Fees Notice applicable to this service and so the service will be provided free of charge. However, the CFIA is in the process of reviewing its fee structure for all commodities and services and it is anticipated that issuing export certificates for fertilizers and supplements will be subject to cost recovery in the future.

8. Contact information

Fertilizer Safety Section
c/o Pre-market Application Submissions Office (PASO)
Canadian Food Inspection Agency
59 Camelot Drive
Ottawa, ON K1A 0Y9
Canada
Phone: 1-855-212-7695
Fax: 613-773-7115
Email: cfia.paso-bpdpm.acia@inspection.gc.ca

Appendix 1

Primary Fertilizer Materials
Term Metals Dioxins and furans Indicator organisms
Acidulated bone Check
Ammoniated superphosphate Check
Ammonium nitrate or AN Check
Ammonium phosphate sulphate or APS Check
Ammonium polyphosphate Check
Ammonium sulphate or AS Check
Ammonium sulphate-nitrate Check
Ammonium thiosulphate Check
Anhydrous ammonia Check
Aqua ammonia or ammonia liquor Check
Basic slag Check Check
Blood and Bone meal Check Check
Blood meal Check Check
Bone meal Check Check
Calcined phosphate Check
Calcium ammonium nitrate decahydrate or calcium ammonium nitrate double salt Check
Calcium ammonium nitrate or CAN Check
Calcium ammonium trinitrate Check
Calcium and magnesium nitrate Check
Calcium carbonate Check
Calcium chloride Check
Calcium nitrate or nitrate of lime Check
Calcium sulphate Check
Calcium thiosulfate Check
Diammonium phosphate or DAP Check
Dicalcium phosphate Check
Dimethylenetriurea or DMTU Check
Dipotassium phosphate Check
Elemental sulphur Check
Enriched superphosphate Check
Feather meal Check Check
Fish emulsion Check Check
Fish meal Check Check
Garbage tankage, Residential tankage or Biogenic waste Check Check
High-analysis superphosphate or anydrous superphosphate Check
Hoof and horn meal Check Check
Isobutylidene diurea or I.B.D.U. Check
Kainit Check
Magnesium ammonium nitrate Check
Magnesium ammonium sulphonitrate Check
Magnesium chloride Check
Magnesium nitrate Check
Magnesium sulphate Check
Manure or composted manure Check Check
Methylene urea Check
Methylenediurea or MDU Check
Monoammonium phosphate or MAP Check
Monopotassium phosphate Check
Municipal biosolids Check Check Check
Muriate of potassium or potassium chloride Check
Nitrate of potash or potassium nitrate Check
Nitrogen solutions (non-pressurized) Check
Nitrogen solutions (pressurized) Check
Orthophosphoric acid Check
Potash manure salts or mine run potash salts Check
Potassium hydroxide Check
Potassium polyphosphate Check
Potassium thiosulfate Check
Precipitated phosphate Check
Rock phosphate Check
Seed meal Check Check
Single superphosphate, ordinary superphosphate, normal superphosphate or super 20 Check
Sodium and potassium nitrate or nitrate of soda and potash Check
Sodium nitrate or nitrate of soda Check
Struvite or magnesium ammonium phosphate Check
Sulphate of potash or potassium sulphate Check
Sulphate of potash-magnesia; potassium-magnesium sulphate; double-sulphate of potash and magnesia; double sulphate of potassium and magnesium; or langbeinite Check
Sulphur coated urea or SCU Check
Superphosphoric acid or SPA Check
Tankage or animal tankage Check Check
Triazone Check
Triple superphosphate or triple Check
Tripotassium phosphate Check
Urea Check
Urea phosphate or carbamide phosphoric acid Check
Urea-ammonium nitrate or UAN Check
Urea-ammonium sulphate Check
Urea-formaldehyde or urea-form Check
Urea-triazone solution Check
Primary Supplement Materials
Term Metals Dioxins and furans Indicator organisms
Ash Check
Air-slaked lime Check
Aluminum sulphate Check
Basalt Check
Biochar Check Check
Calcitic limestone or calcite Check
Coir or coconut coir Check Check
Compost Check Check
Dolomitic limestone or dolomite Check
Fulvic acid Check
Gypsum or landplaster Check
Humic acid Check
Humic substances Check
Humus Check Check
Magnesium hydroxide Check
Magnesium oxide Check
Peat, peat moss, or sphagnum moss Check Check
Perlite Check
Pozzolan or diatomaceous earth Check
Quicklime, burnt lime, or caustic lime Check
Slaked lime Check
Spent mushroom media Check Check
Tree bark Check
Vermiculite Check
Zeolite Check
Old regulatory requirements (until October 26, 2023)

1. Purpose

The purpose of this document is to outline the information requirements for obtaining an export certificate for fertilizers and supplements intended for export and labelled accordingly and describe the process for reviewing the submissions.

2. Scope

Export certificates certify that the product met the Canadian regulatory requirements with respect to product safety and identity, but does not confirm compliance with the labelling requirements prescribed in the Fertilizers Act and Regulations as labelling requirements may vary significantly between countries. Export certificates are issued to support and facilitate export of products from Canada but are not a mandatory requirement to export product out of Canada. This service is provided on request from the applicant in order to facilitate and support foreign market access for Canadian fertilizers and supplements.

Possession of an export certificate does not exempt a product from registration (if applicable) or marketplace monitoring if, and when, the product is sold in the Canadian marketplace. Non-compliant products when found in the marketplace may be subject to enforcement actions including product detention and, in cases of repeated or severe contraventions, prosecution. Furthermore, contravention of the Fertilizers Act and Regulations invalidates the export certificate.

As new regulations and/or policies are developed, the acceptability of the product under the Fertilizers Act and Regulations may change. It is the responsibility of the manufacturer/distributor/retailer to ensure that the product continues to meet the requirements of the Fertilizers Act and Regulations and associated policies. Furthermore, CFIA's export certificate does not exempt the product from the applicable provincial and/or municipal regulations and requirements if and when the product is sold in Canada.

The review of the information provided in support of an export certificate does not involve consideration of the requirements (regulatory or otherwise) of the importing country. It is the responsibility of the exporter to ensure that requirements of the destination country are complied with prior to exportation.

3. Eligibility

Products eligible for export certification include:

  1. Products comprised of single materials that are listed in Schedule II of the Fertilizers Regulations and that meet the definition and specification criteria prescribed in the Schedule;
  2. Products that are otherwise exempt from registration and;
  3. Products that are currently registered under the Fertilizers Act.

4. Conditions and limitations

  • The export certificate applies ONLY to the product for which a submission was received.
  • The assessment is based on the information provided by the applicant/product proponent during the review of the submission.
  • Any changes made to the ingredients in the final product and/or their sources or the manufacturing process will invalidate the certificate.
  • The review of the safety and identity information does NOT include a comprehensive label review or verification of the quality or performance of the product as the latter lie outside the mandate of the CFIA and the Fertilizers Act and Regulations
  • Additional analysis may be requested at varying intervals to ensure certificate remains valid
  • The certificate is valid for one year

5. Information Requirements

In order to receive an export certificate, the submission must demonstrate that the product met the Canadian requirements with respect to the safety and identity of the product when it is used according to directions. As such, only the portions of the label that impact the safe and sustainable use of the product (for example, directions for use, precautionary statements and/or instructions for use of personal protective equipment) are considered as part of the evaluation. The following information is required to enable the review in support of issuing an export certificate:

  • Cover letter;
  • A complete list of all constituent materials (including the active ingredients and inert formulants), their sources and origin and proportions in the final product (CAS # should be included if available);
  • Detailed description of the method of manufacture including all applicable quality control and quality assurance methods used;
  • Results of analyses for contaminants of concern may include metals, indicator organisms, and/or dioxins and furans (for further guidance on what results of analysis are required per product type are listed in Appendix 1 below); for applicable limits for metals, indicator organisms and dioxins and furans please consult Appendix 3 of the Guide to Submitting Applications for Registration Under the Fertilizers Act
  • Results of analysis demonstrating the identity of the product (for example, nutrient content analysis)
  • Copy of the proposed label (directions for use, precautionary statements, protective equipment, etc).

Please note that submission of results of analysis at certain intervals during the period when the certificate is valid may be required.

6. Review process and Service Delivery Standards

Please direct all submissions for export certificate to:

Pre-market Application Submissions Office

Canadian Food Inspection Agency
59 Camelot Drive
Ottawa, Ontario K1A 0Y9

A submission control number will be assigned to the file and an acknowledgement email will be sent to the applicant within 5 working days of the receipt. Applicants are strongly encouraged to ensure that their submissions are complete and well organized – it is recommended to follow the same format as for the registration applications described in the Guide to Submitting Applications for Registration Under the Fertilizers Act.

Furthermore, if deficiencies or data gaps are identified – it is important that the applicant(s) respond quickly and comprehensively – otherwise the file will be closed and returned to the applicant (on request). There are currently no service delivery standards associated with the review of applications for export certificates. Nevertheless, the CFIA appreciates the importance of timely review and issuance of the certificates.

The timelines will also depend on the extent of the review that is required; for example products that are currently registered for sale in Canada will not require a substantive review as the safety and identity information would have already been evaluated during registration.

7. Fees

There are currently no fees in the CFIA User Fees Notice applicable to this service and so the service will be provided free of charge. However, the CFIA is in the process of reviewing its Fee Structure for all commodities and services and it is anticipated that issuing export certificates for fertilizers and supplements will be subject to cost recovery in the future.

8. Contact information

Fertilizer Safety Section
c/o Pre-market Application Submissions Office (PASO)
Canadian Food Inspection Agency
59 Camelot Drive
Ottawa, ON K1A 0Y9
Canada
Phone: 1-855-212-7695
Fax: 613-773-7115
Email: cfia.paso-bpdpm.acia@inspection.gc.ca

Appendix 1

Class 1: Nitrogen Products
Metals Dioxins and Furans Indicator Organisms
1.1 Ammonium nitrate Check
1.2 Ammonium sulphate Check
1.3 Ammonium sulphate-nitrate Check
1.4 Anhydrous ammonia Check
1.5 Calcium nitrate or nitrate of lime Check
1.6 Sodium nitrate or nitrate of soda Check
1.7 Sodium and potassium nitrate or nitrate of soda and potash Check
1.8 Nitrogen solutions (non-pressurized) Check
1.9 Nitrogen solutions (pressurized) Check
1.10 Aqua ammonia or ammonia liquor Check
1.11 Blood meal Check Check
1.12 Cyanamide Check
1.13 Fish meal or fish scrap Check Check Check
1.14 Garbage tankage Check Check
1.15 Hoof and horn meal Check Check
1.16 Manure Check Check
1.17 Paunch manure Check Check
1.18 Composted manure Check Check
1.19 Processed sewage Check Check Check
1.20 Tankage Check Check
1.21 Urea Check
1.22 Urea-formaldehyde Check
1.23 Urea-form Check
1.24 Isobutylidene diurea or I.B.D.U. Check
1.25 Ammonium thiosulphate Check
1.26 Dimethylenetriurea or DMTU Check
1.27 Hydrolysed feather meal Check
1.28 Methylenediurea or MDU Check
1.29 Soybean meal Check Check
1.30 Sulphur coated urea Check
1.31 Triazone Check
1.32 Urea-triazone solution Check
Class 2: Phosphorus Products
Metals Dioxins and Furans Indicator Organisms
2.1 Ammoniated superphosphate Check
2.2 Ammonia phosphate Check
2.3 Ammonium phosphate-sulphate Check
2.4 Basic slag Check Check
2.5 Blood and Bone meal Check Check
2.6 Dicalcium phosphate Check
2.7 Natural rock phosphate Check
2.8 Superphosphate Check
2.9 Acidulated bone Check Check
2.10 Bone meal Check Check
2.11 Precipitated phosphate Check
Class 3: Potassium Products
Metals Dioxins and Furans Indicator Organisms
3.1 Muriate of potassium Check
3.2 Nitrate of potash or potassium nitrate Check
3.3 Potash manure salts Check
3.4 Sulphate of potash Check
3.5 Sulphate of potash-magnesia Check
3.6 Double sulphate of potash and magnesia or langbeinite Check
Class 4: Calcium, Magnesium and Sulphur Products
Metals Dioxins and Furans Indicator Organisms
4.1 Gypsum, landplaster or crude calcium sulphate Check
4.2 Magnesium sulphate Check
Class 5: Supplement
Metals Dioxins and Furans Indicator Organisms
5.1 Compost Check Check
5.2 Perlite Check
5.3 Vermiculite Check
5.4 Humus or leaf mould Check Check
5.5 Peat Check Check
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