CANADA'S FEEDS REGULATIONS: CFIA SET TO MODERNIZE AND REQUIRE LICENSING
As part of the Canadian Food Inspection Agency’s (“CFIA”) attempt to modernize and align regulations in Canada to encourage access to international markets, identify regulated establishments, and assist in identifying regulatory risks, the CFIA plans to update the Feeds Regulations for 2022, and require licensing for most feed establishments or activities. The existing regulation is from 1983 and has a notably cumbersome registration process, so this is good news as it’s probably time.
A feed is a substance, a mix of substances, or a substance used in another substance, which is sold, or represented for use, for consumption by livestock, for providing nutritional requirements to livestock, or for preventing or correcting nutritional disorders in livestock. In other words, a feed is either a food or an additive used to feed the animals we consume.
The CFIA proposes a licensing process similar to that for food under the Safe Food for Canadians Act and its regulations; this limits the issuance of a licence to any feed sent or conveyed across provinces, or imported or exported for sale. Licenses would not be required if a feed is produced and sold within the same province, or if the feed is already registered. Furthermore, if a livestock producer has farms in multiple provinces, and conveys feeds across borders for their own needs, a licence would not be required. And finally, all feeds that are imported, but not intended for sale, do not require a licence.
In addition to licensing, the CFIA will continue to expect feeds establishments to have Preventative Control Plans (“PCP”) in place, as well as hazard analysis, recall procedures, and traceability documentation to ensure a systematic approach to health and safety. Feeds establishments may undergo inspection, and may face similar punishment for offences as in the past; however, licensing will now allow the CFIA to utilize suspension or cancellation of a licence to enforce regulatory compliance and safety measures. While the prospect of a licence is great for feeds establishments that want to access international markets, expand their sales, operate multiple establishments, or engage in multiple activities or feeds production without undergoing a lengthy application and review process, the issuance of a licence also comes with a caveat – significant non-compliance may result in the removal of one’s licence.
The CFIA also proposes to update the compendium on medicating ingredients which may be added to feeds, revise the maximum levels of contaminants allowed in feeds, create a compendium of non-feed products, and incorporate by reference a Canadian Feed Ingredients Table (“CFIT”). The CFIT, in particular, aims to replace Schedules IV and V of the current regulations, which set out single ingredient feeds along with their definitions, labelling requirements, and whether they require registration. The CFIT would establish the same, but would re-classify certain ingredients, standardize ingredient descriptions, and improve consistency between the English and French definitions. It would also see seven classes of ingredients, divided into two parts, which would classify feeds based on nutrition, non-nutrition, or a specific purpose that does not meet a subclass identified under non-nutrition. Like the licensing process, the CFIT streamlines the process for bringing feeds to market in Canada, while also ensuring oversight of safety and regulatory compliance.
While the Feeds Regulations, 2022 have yet to come into force, parties involved in feed manufacture or supply, importers or exporters, and livestock producers need to be ready to implement these changes. The CFIA will give stakeholders twelve to eighteen months to make changes for compliance; changes could include an application for a licence, assurance of product registration, PCPs and necessary documentation, updated labels, or adhering to the new standards set for medicating ingredients, contaminants, or non-feed products.
For more information on licensing, please review the CFIA’s Fact Sheet on Licensing (please note Feeds Regulations, 2021 is now Feeds Regulations, 2022): https://inspection.canada.ca/animal-health/livestock-feeds/consultations/fact-sheets/eng/1601317514882/1601317636003?chap=3
For more information on the CFIT, please review the proposed document to be incorporated by reference – Canadian Feed Ingredients Table (please note the Consultation is now closed): https://inspection.canada.ca/animal-health/livestock-feeds/regulatory-modernization/cfit/eng/1613423298011/1613423298323.
For questions about feeds, licensing, or label reviews, please feel free to contact us at info@gsjameson.com.