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T-4- 131: record keeping requirements under the Fertilizers Act and Regulations

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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.

October 2020

1. Purpose

Document means anything on which information that is capable of being understood by a person, or read by a computer or other device, is recorded or marked.

The purpose of the document is to outline the record keeping requirements applicable to mixtures of exempt and/or registered fertilizers and supplements under the Fertilizers Act and Regulations. Specifically, the document details:

2. Labelling requirements for mixtures

Mixtures of fertilizers (other than customer-formula fertilizers) or fertilizers and supplements are required to be labelled with the registration number of the products/active ingredients in the mixture if they are registered under the Fertilizers Act. If the fertilizer or supplement is exempt from registration, the term of each component needs to appear on the label as it is set out in the List of Primary Fertilizer and Supplement Materials (list of materials) together with any other information that is sufficient to demonstrate that the fertilizer or supplement is exempt.

3. Record keeping option

The label of a mixed product does not have to identify its exempt or registered ingredients if:

  1. the mixture is labelled with a statement indicating that the fertilizers or supplement in the mixture are registered or exempt from registration
  2. the responsible party (see section 4) maintains records for at least 5 years beginning on the day on which the mixture was last imported, packaged or caused to be packaged, at that party's place of business in Canada or, if they do not have one, at another place of business in Canada (see section 6 below for details on what is required in a record)
  3. the responsible party informs the President of the Agency of the place where the record is located by submitting the following information to the CFIA through the PASO email address or by mail (contact information found in section 8):
    • Product name
    • Responsible party
    • Location where the record is located:

      123 Main St.
      City, Province or Territory A1B 2C3
      Canada

Note

The record keeping option in lieu of mandatory labelling is not applicable to seed or growing media treated with registered or exempt fertilizers or supplements.

4. Who is responsible for maintaining the record

Persons who packaged the mixture or caused it to be packaged or, in the case of imported product, the importer are responsible for maintaining the record. The persons must keep the records at their place of business in Canada or if they do not have one, at another location in Canada, and inform the CFIA where the records are located. Instruction on how to inform the CFIA is included in 3.c) above.

5. Duration

The records must be maintained for at least 5 years from the day the product was last imported, packaged or sold.

6. Information required in the record

The records need to be maintained in either official language (in English or in French) and must contain:

  1. registration numbers of all registered fertilizers and supplements in the mixture
  2. terms of exempt materials as they appear on the list of materials
  3. any other information to substantiate that the product is exempt
  4. any other information that the person has that relates to whether the mixture complies with the Fertilizers Regulations in terms of product safety*

*Safety information may include but is not limited to:

7. Who can request a record

Inspector is a person designated by the President of the Canadian Food Inspection Agency for the purposes of administering and enforcing the Fertilizers Act.

The Fertilizers Act gives CFIA inspectors the authority to order a person to provide, on the date, at the time and place and in the manner specified by the inspector, any document, information or sample specified by the inspector for a purpose related to verifying compliance or preventing non-compliance with this Act. Certain CFIA field inspectors and staff in the Fertilizer Safety Section are designated as inspectors under the Fertilizers Act.

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

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