GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Feeds Regulations, 2024 — 6
Feeds that must be registered 6 (1) For the purposes of paragraph 3(1)(a) of the Act and subject to subsections (2) and (3), all feeds must be registered. Exemption from registration (2) The following feeds are exempt from registration: (a) any mixed feed, other than a specialty feed or custom medicated feed, that is manufactured in Canada and that is not (i) designed to be administered in water for drinking by livestock, (ii) a free-choice supplement, free-choice mineral feed or free-choice trace mineral salt feed that contains one or more medicating ingredients, or (iii) a feed that contains a pest control product as defined in subsection 2(1) of the Pest Control Products Act ; (b) any mixed feed, other than a specialty feed or custom medicated feed, that is imported for sale and for which a licence has been issued under subsection 5.2(1) of the Act, and that is not referred to in any of subparagraphs (a)(i) to (iii); (c) any specialty feed that is listed in column 1 of Table 3 of the Tables of Permissible Claims for Feed Labels that meets the conditions set out in columns 3 and 4 of that Table for the approved claim set out in column 2; (d) any custom medicated feed manufactured in Canada if (i) the sale of such feed is authorized under section C.08.012 of the Food and Drug Regulations , (ii) the amount of feed manufactured does not exceed the amount that would normally be consumed by the number of animals prescribed to receive the feed during the prescribed period of medication, (iii) the veterinary prescription contains information respecting (A) the date on which the veterinary prescription is issued, (B) the name and address of the person for whom the feed is to be manufactured and of the person by whom it is intended to be used, (C) the name and level of each medicating ingredient in the feed, (D) the type and amount of feed to be manufactured, (E) the number, species, production type and age or weight of the livestock for which the feed is intended, (F) any special manufacturing instructions, including any necessary facility clean-up warnings, (G) directions for use of the feed, including feeding instructions and the period of medication during which it is to be fed to the livestock, and (H) caution statements and warning statements, if applicable, and (iv) a copy of the veterinary prescription is in the possession of the manufacturer of the feed prior to the delivery of the feed; and (e) any feed that is listed in Part 1 of the Canadian Feed Ingredients Table . Conditions (3) The exemption of the feeds referred to in subsection (2) applies only if (a) in the case of a mixed feed, the guarantees shown on the label are set out in the Tables of Nutrient Guarantees and Conditions for Feed Labels and, in the case of a single ingredient feed, in the Canadian Feed Ingredients Table ; (b) the claims shown on the label are set out in the Tables of Permissible Claims for Feed Labels ; and (c) any information shown on the label of the feed does not appear in a language other than English or French.
Feeds Regulations, 2024 — 7
igation and test data in respect of the novel trait that are relevant in identifying whether the feed presents a risk of harm to human or animal health or the environment, that is in the applicant’s possession or to which the applicant ought reasonably to have access; and (d) the name of any Canadian government agency, of a government of a foreign state or of a subdivision of a foreign state or of an international organization, or association, of states that has been provided with information in respect of the feed with a novel trait and the purpose for which the information was provided. Sample (4) The Minister may require that a sample of the feed be provided in support of an application referred to under subsection (2) or (3). Information — research or experimental purposes (5) In the case of a feed that is manufactured by or for a government, academic or private research establishment for research or experimental purposes, an application for approval referred to in subsection (1) must be accompanied by the following information: (a) the name of the feed; (b) a description of the feed, including a list of ingredients; (c) a description of the intended purpose of the feed; (d) the species of livestock for which it is intended and the number of livestock required to conduct the research; (e) the quantity of feed required to conduct the research; (f) the research protocol, including a statement of the purpose, objectives and duration of the research and a justification of the quantity of feed and number of animals required; (g) the name and address of the establishment where the research will take place, including the name and contact information of the person supervising the research; (h) if the establishment has a written plan that provides that any remaining feed and livestock products produced from the feed must be disposed of in a safe manner, (i) a description of the precautions and confinement measures to be taken with respect to the feed and livestock products, (ii) a monitoring plan to be applied for the duration of the project, and (iii) a contingency plan in case of accidental interaction of the feed or livestock products with any other feed or livestock products that are not the subject of the research; (i) if the establishment does not have a written plan that complies with paragraph (h), the information referred to in paragraphs (2)(g) to (j), subparagraph (2)(k)(i) and paragraph (2)(l); (j) if it is an imported feed, the date of its importation and its port of entry into Canada; and (k) a summary of all the elements provided in support of the application. Scientific investigation (6) If any scientific investigation has been conducted under paragraphs (2)(k) or (3)(c), the applicant must provide the following information: (a) the scientific research methods used; (b) the statistical methods used to analyze the results of the investigation; (c) the conditions under which the investigation was conducted; and (d) the quality control and quality assurance measures taken in conducting the research and analysis.
Feeds Regulations, 2024 — 8
Approval or registration of feed 8 (1) Once an application for approval or registration of a feed under subsection 7 (1) is evaluated, the Minister must approve or register the feed if the following requirements are met: (a) the elements referred to in subsections 7 (2) to (6), as applicable, have been provided to the Minister; (b) the applicant has submitted to the Minister a label that complies with the requirements of these Regulations; and (c) the feed is found to be in compliance with the Act and these Regulations. Evaluation of risk (2) For the purposes of paragraph (1)(c), the Minister must evaluate the risk of harm presented by the feed to human or animal health or the environment, including whether the feed is toxic or capable of becoming toxic. Toxic feed (3) A feed is toxic or capable of becoming toxic if it enters or may enter the environment in a quantity or concentration or under conditions that (a) have or may have a harmful effect on the environment; (b) constitute or may constitute a danger to the environment on which human or animal life depends; or (c) constitute or may constitute a danger in Canada to human or animal life or health. Notice of refusal (4) If the requirements set out in subsection (1) are not met, the Minister must notify the applicant in writing of the refusal to approve or register the feed and provide the reasons for the refusal.
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Notice of approval 9 (1) If a feed is approved by the Minister under section 8, a written notice confirming that approval has been given and specifying the purpose for which it is given must be provided to the applicant. Listing in Canadian Feed Ingredients Table (2) If a feed is approved by the Minister, other than a feed that is manufactured by or for a government, academic or private research establishment for research or experimental purposes, (a) the feed must be listed in the Canadian Feed Ingredients Table as a single ingredient feed and accompanied by a description; or (b) if the feed is already listed in that Table, it must be accompanied by a new description. Registration resulting from approval (3) If a feed is approved and listed in Part 2 of the Canadian Feed Ingredients Table , it must be registered under section 8 .
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Cancellation 10 (1) Subject to subsections (2) to (5), the Minister may cancel the approval of a feed that is manufactured by or for a government, academic or private research establishment for research or experimental purposes if there are reasonable grounds to believe that, in respect of that feed, there has been a contravention of the Act or these Regulations. Factors (2) In deciding whether to cancel an approval, the Minister must take into account the following factors: (a) whether cancellation of the approval is necessary in order to respond to a risk of harm to human or animal health or the environment; (b) whether cancellation of the approval is unnecessary because corrective action has been taken or is expected to be taken in a timely manner without risk of harm to human or animal health or the environment; and (c) whether there have been contraventions of the Act or these Regulations in the past in respect of the feed. Conditions for cancellation (3) The Minister may cancel an approval only if a written notice has been provided to the holder of the approval that (a) sets out the grounds for the cancellation and the period within which corrective action must be taken in order to avoid the cancellation of the approval; and (b) specifies that the holder of the approval must, within 30 calendar days after the date of mailing of the notice, notify the Minister in writing that they wish to have an opportunity to be heard respecting the cancellation. Notice of hearing (4) Within 30 calendar days after the day on which the Minister receives the notice that the holder of the approval wishes to have an opportunity to be heard, the Minister must notify the holder of the approval in writing of the time and place of the hearing. Grounds for cancellation (5) The Minister must not cancel the approval unless (a) the holder of the approval has been provided with an opportunity to be heard in respect of the proposed cancellation; and (b) the holder of the approval has failed to take corrective action in respect of the feed within the period set out by the Minister in the notice provided under paragraph (3)(a) or within any longer period that is granted by the Minister at the hearing. Notice of cancellation (6) The Minister must notify the holder of the approval in writing of the cancellation of the approval and the date on which it takes effect.
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Assignment and issuance 11 If a feed is registered by the Minister under section 8 , a registration number must be assigned to that feed and a registration certificate must be issued to the applicant.
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Use of registration number 12 (1) It is prohibited for any person to use a registration number assigned to a feed unless they are the registrant of the feed. False registration number (2) It is prohibited for any person to use a false registration number in respect of any feed.
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Expiration of registration 13 A registration expires on the date indicated on the registration certificate.
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Surrender of certificate 14 A registrant may surrender a registration certificate by submitting a written notice to the Minister; the registration becomes invalid as of the day on which the notice is received by the Minister.
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Cancellation of registration 15 (1) Subject to subsections (2) to (5), the Minister may cancel a registration in respect of a feed if there are reasonable grounds to believe that, in respect of that feed, there has been a contravention of the Act or these Regulations. Factors (2) In deciding whether to cancel a registration, the Minister must take into account the following factors: (a) whether cancellation of the registration is necessary in order to respond to a risk of harm to human or animal health or the environment; (b) whether cancellation of the registration is unnecessary because corrective action has been taken or is expected to be taken in a timely manner without risk of harm to human or animal health or the environment; and (c) whether there have been contraventions of the Act or these Regulations in the past in respect of the feed. Conditions for cancellation (3) The Minister may cancel a registration only if a written notice has been provided to the registrant that (a) sets out the grounds for the cancellation and the period within which corrective action must be taken in order to avoid the cancellation of the registration; and (b) specifies that the registrant must, within 30 calendar days after the date of mailing of the notice, notify the Minister in writing that the registrant wishes to have an opportunity to be heard respecting the cancellation. Notice of hearing (4) Within 30 calendar days after the day on which the Minister receives the notice that the registrant wishes to have an opportunity to be heard, the Minister must notify the registrant in writing of the time and place of the hearing. Grounds for cancellation (5) The Minister must not cancel the registration unless (a) the registrant has been provided with an opportunity to be heard in respect of the proposed cancellation; and (b) the registrant has failed to take corrective action in respect of the feed within the period set out by the Minister in the notice provided under paragraph (3)(a) or within any longer period that is granted by the Minister at the hearing. Notice of cancellation (6) The Minister must notify the registrant in writing of the cancellation of the registration and the date on which it takes effect. The registration certificate becomes invalid as of that day.
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Application for renewal or amendment 16 (1) Any application to renew or amend an approval or a registration must be made to the Minister in the same manner as an application for approval or for registration referred to in section 7 and is considered to be an application for approval or for registration for the purposes of these Regulations. No change in respect of a feed (2) A holder of the approval or a registrant must not make a change in respect of an approved or registered feed unless the approval or registration of the feed has been amended by the Minister.
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Provision to Minister 17 (1) If, after approval or registration of a feed, a person becomes aware of any new information that the feed may present a risk of harm to human or animal health or the environment, the person must immediately provide the new information to the Minister. Evaluation and decision (2) If, on the basis of the new information, the Minister determines, in re-evaluating the feed, (a) that it does not present a risk of harm to human or animal health or the environment, the Minister must maintain the approval or registration of the feed; or (b) that it presents a risk of harm to human or animal health or the environment, the Minister must (i) in the case of a feed that has been approved, other than a feed that is manufactured by or for a government, academic or private research establishment for research or experimental purposes, amend the description of the feed in the Canadian Feed Ingredients Table to respond to the risk, or remove the feed from that Table, in which case the feed is no longer approved under subsection 8(1), (ii) in the case of a feed that has been approved for research or experimental purposes by or for a government, academic or private research establishment, cancel the approval in accordance with section 10, or (iii) in the case of a feed that has been registered, cancel the registration in accordance with section 15. Notice of amendment (3) The Minister must give public notice of the determination under subparagraph (2)(b)(i) to amend the description of the feed in the Canadian Feed Ingredients Table or remove the feed from that Table and the date on which the amendment or removal takes effect.
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Section 3.1 of the Act — import for sale 18 (1) For the purposes of section 3.1 of the Act, a prescribed feed that has been imported for sale is any single ingredient feed or mixed feed other than a feed registered under section 8 , and the prescribed activities that a person is prohibited from conducting in respect of that prescribed feed, unless the person is authorized to conduct that activity by a licence, are storing, processing, packaging, labelling and distributing. Section 3.1 of the Act — export and interprovincial trade (2) For the purposes of section 3.1 of the Act, a prescribed feed that is to be exported or to be sent or conveyed from one province to another is any single ingredient feed or mixed feed other than a feed registered under section 8 or manufactured by a livestock producer and intended for feeding their livestock, and the prescribed activities that a person is prohibited from conducting in respect of that prescribed feed, unless the person is authorized to conduct that activity by a licence, are manufacturing, storing, processing, packaging, labelling and selling. Exception (3) A licence is not required to conduct any prescribed activity referred to in subsection (2) if it is being conducted at (a) a rendering plant operating under a permit issued under section 160 of the Health of Animals Regulations ; or (b) a grain elevator. Definition of grain elevator (4) For the purposes of paragraph (3)(b), a grain elevator means any premises constructed for the purpose of handling and storing grain received directly from producers, other than as a part of the farming operation of a particular producer, and into which grain may be received, at which grain may be weighed, elevated and stored and out of which grain may be discharged.
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Subsection 5.2(1) of the Act — import for sale 19 (1) For the purposes of the issuing of a licence under subsection 5.2(1) of the Act, a prescribed feed that has been imported for sale is any single ingredient feed or mixed feed, and the prescribed activities in respect of that prescribed feed are storing, processing, packaging, labelling and distributing. Subsection 5.2(1) of the Act — export and interprovincial trade (2) For the purposes of the issuing of a licence under subsection 5.2(1) of the Act, a prescribed feed that is to be exported or to be sent or conveyed from one province to another is any single ingredient feed or mixed feed, and the prescribed activities in respect of that prescribed feed are manufacturing, storing, processing, packaging, labelling and selling.
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Application 20 An application for the issuance, renewal or amendment of a licence must be made to the Minister in a form approved by the President.
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Conditions 21 The Minister may issue, renew or amend a licence if (a) the information submitted in the application is complete, truthful and not misleading; and (b) the conduct of the activity in respect of which the application is made does not present a risk of harm to human or animal health or the environment.
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Refusal 22 The Minister may refuse to issue, renew or amend a licence if, in the five years before the day on which the application is made, the applicant (a) has had a licence suspended or cancelled; or (b) has been convicted of an offence committed under the Act or under any of the provisions of Parts I.1 or XIV of the Health of Animals Regulations .
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Notice of refusal 23 If the Minister refuses to issue, renew or amend a licence, the Minister must provide a written notice to the applicant and provide the reasons for the refusal.
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Place of business 24 A licence holder must conduct the activities identified in their licence, other than delivery or sale, in the place of business identified in their licence for the activities.
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Amendment — inability to conduct activity 25 (1) If a licence holder is unable to conduct an activity identified in their licence in a place of business identified in the licence, the Minister may amend the licence to remove the authorization to conduct that activity in that place of business. Notice of amendment (2) The Minister must notify the licence holder in writing of any amendment to the licence and the date on which it takes effect.
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Expiry 26 (1) A licence expires two years after the date of issuance or renewal that is specified in the licence unless the licence has been surrendered or cancelled before that date. Expiry — amendment (2) If the Minister amends a licence, its expiry date remains unchanged.
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Surrender 27 A licence holder may surrender their licence to the Minister and that licence becomes invalid on surrender, if it is not subject to a cancellation procedure.
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Grounds for suspension 28 The Minister may suspend a licence if (a) the licence holder does not comply with any provision of the Act, other than subsection 8(2), with any provision of these Regulations or with any of the provisions of Parts I.1 or XIV of the Health of Animals Regulations ; or (b) a risk of harm to human or animal health or the environment may result if the licence holder continues to conduct an activity that is identified in the licence.
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Conditions for suspension 29 (1) The Minister must not suspend a licence unless the licence holder (a) has been provided with a written report that sets out the grounds for the suspension and the period within which corrective action must be taken in order to avoid the suspension; and (b) has failed to take corrective action within that period. Notice of suspension (2) The Minister must notify the licence holder in writing of the suspension and the date on which it takes effect.
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Suspension — risk of harm 30 (1) Despite section 29 , if there is a risk of harm to human or animal health or the environment that may result if the licence holder continues to conduct an activity that is identified in the licence, the Minister may suspend the licence immediately after the Minister provides the licence holder with a written report that sets out the grounds for the suspension. Notice of suspension (2) The Minister must notify the licence holder in writing that their licence is suspended and that the suspension takes effect immediately.
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Duration of suspension 31 The suspension of a licence must be lifted if the Minister determines that corrective action has been taken.
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Grounds for cancellation 32 The Minister may cancel a licence if (a) the licence holder fails to take corrective action within 30 calendar days after the day on which the licence is suspended, unless a longer period is granted by the Minister at the written request of the licence holder; (b) the licence holder continues to conduct an activity that is identified in their licence while the licence is suspended; (c) the licence holder does not comply with any provision of the Act, other than subsection 8(2), with any provision of these Regulations or with any of the provisions of Parts I.1 or XIV of the Health of Animals Regulations and, since its issuance or renewal, the licence (i) has already been suspended for non-compliance with that provision, or (ii) has already been suspended twice; (d) the licence holder was not in compliance with subsection 8(2) of the Act in respect of their application for the issuance, renewal or amendment of the licence or at any time during the period of validity of the licence; or (e) the licence holder ceases or is unable to conduct all of the activities that are identified in their licence in any place of business that is identified in that licence.