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RG-9 Regulatory Guidance
Documentation to support market access for livestock feeds – mixed feeds and single ingredient feeds

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September 2021

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Purpose

The purpose of this regulatory guidance document is to provide information and direction to feed industry stakeholders in need of documentation from the Animal Feed and Veterinary Biologics Division (AFVBD) of the Canadian Food Inspection Agency (CFIA) to support market access for feeds leaving Canada. This guidance document outlines the types of documents that are available for livestock feeds and provides market access information for the United States of America (US) and other markets.

Introduction

Livestock feeds that are destined for export and that are so labelled (for example, they have "For export" or "Export only" on the label) are exempt from the operation of the Feeds Act and Feeds Regulations. In other words, they are not subject to the regulatory requirements outlined in the Feeds Act or Feeds Regulations. However, for many years the AFVBD has received inquiries and requests for assistance from feed industry members regarding the issuance of domestic (Canadian) documentation to support their market access activities for livestock feeds leaving Canada and destined for other markets. These feeds include both mixed feeds and single ingredient feeds (see the regulatory definitions for "mixed feed" and "single ingredient feed" found at the end of this document for more information).

The following sections outline those documents provided by AFVBD to support market access activities for livestock feeds.

Market access documents available from the Animal Feed and Veterinary Biologics Division

Certificates of free sale

A certificate of free sale for a livestock feed is a document confirming that a livestock feed (mixed feed or feed ingredient) complies with the Canadian Feeds Act and Feeds Regulations and that the product is acceptable for free and open sale in Canada.

The certificate of free sale confirms that the product identified on the certificate meets applicable Canadian regulatory requirements, and that a license, permit or other type of permission is not required in Canada to either purchase and/or use the product.

Certificates of free sale can only be issued for mixed feeds and single ingredient feeds that are compliant with the Canadian Feeds Act and Regulations, specifically:

Compliant feeds are those that meet all applicable Canadian regulatory requirements, including those that apply to labelling.

Note: in the case of registered feeds (both mixed feeds and single ingredient feeds), a corrected final label must be submitted to and approved by the Pre-market Application Submissions Office (PASO) of the CFIA before a certificate of free sale can be issued for the product in question. Registered feeds that do not have a final label approved at the time the request for a certificate of free sale is received by the AFVBD will experience delays in the processing of their request for market access documentation.

A certificate of free sale cannot be issued for a mixed feed or single ingredient feed that is non-compliant with the Canadian Feeds Act or Feeds Regulations. This applies to:

Feed ingredients that are not approved for use in livestock feeds in Canada (are not listed in either Schedules IV or V of the Feeds Regulations) are not eligible for a certificate of free sale because they do not meet Canadian regulatory requirements.

Letters stating the regulatory authority of the CFIA over feed manufacturers in Canada

The Animal Feed and Veterinary Biologics Division (AFVBD) may issue a letter confirming that in Canada, feed manufacturers are not issued permits or licenses to operate, nor are they registered or otherwise approved under the Canadian Feeds Act and Feeds Regulations.

The only exception is inedible rendering plants that are issued a permit to operate under the authority of the Health of Animals Act and as required by the Health of Animals Regulations.

Given that it is a regulatory requirement for renderers to be permitted in order to be compliant with the Health of Animals Regulations, the AFVBD is able to provide a letter indicating that the rendering facility in question holds a valid operating permit, should such documentation be required to support market access activities.

Types of documentation and attestations that are not supported by the Animal Feed and Veterinary Biologics Division

The following types of documents and attestations will not be issued, reviewed, endorsed or approved by AFVBD in support of market access activities for livestock feeds (mixed feeds and single ingredient feeds):

How to request documentation from the Animal Feed and Veterinary Biologics Division to support market access activities for livestock feeds

Send an email to the AFVBD's general mailbox at cfia.afp-paa.acia@inspection.gc.ca and indicate the following information in your email:

If your feed is exempt from registration, include a copy of your product label as an attachment to your email message.

Market access documents available from your local CFIA Office

Letters of inspection

For facilities that are inspected under the National Feed Inspection Program, the CFIA may issue a letter indicating the date of the last inspection of the facility conducted by a CFIA Feed Inspector.

Be aware that a letter of inspection cannot be issued if the facility is not inspected under the National Feed Inspection Program.

To request a letter of inspection for your facility, contact your local CFIA Office.

Market access for livestock feeds destined for the United States

Feed industry stakeholders wanting to obtain access to the US market, see the Application for Certification of Livestock Feeds from Canada to the United States (CFIA/ACIA 5619) for details. Contact your local CFIA Office for more information on this process.

It is important to note that the focus of this particular market access activity is based on whether or not the feed(s) entering the US from Canada contain any animal products and/or by-products. As such, it is the industry's responsibility to provide proper and acceptable information and documentation demonstrating that the product(s) destined for the US meet the applicable requirements.

Additional information on US import requirements for livestock feeds can be found on the following websites:

Market access for livestock feeds destined for countries other than the United States

For information and assistance on the market access requirements for livestock feeds for countries other than the United States, interested parties can consult the following Government of Canada resources:

As is the case with feed industry members who want to obtain market access to the United States it is the responsibility of the stakeholder wanting to access these foreign markets to meet the importing country's requirements.

Market access information available via the Terrestrial Animal Health Export Program

Additional resources are available on the CFIA's website for stakeholders who require assistance regarding animal health-related market access conditions and requirements:

Note: the above-mentioned animal health export policies and export certificates are outside of the scope of the Animal Feed and Veterinary Biologics Division's (AFVBD) National Feed Inspection Program. As such, AFVBD is not involved in animal health certification activities but may provide input should any feed statements be negotiated for such certificates.

Contact the CFIA Animal Health Office in your area for assistance with animal health-related market access questions you might have.

Market access information, plant exports (CFIA)

Information on the export requirements for plants and plant products can be found on the CFIA's website. This information may be of use to stakeholders who require assistance on plant health-related market access conditions:

As with animal health-related export policies and export certificates, plant exports and phytosanitary certificates are not part of the AFVBD's National Feed Inspection Program. Consequently, AFVBD is not involved in plant export or phytosanitary certification activities but may provide input into any feed statements that are negotiated for these certificates.

Contact the CFIA office in your area for assistance with any plant export or phytosanitary-related market access questions you might have.

References

Regulatory definition of "feed" (Section 2, Feeds Act): means any substance or mixture of substances containing amino acids, anti-oxidants, carbohydrates, condiments, enzymes, fats, minerals, non-protein nitrogen products, proteins or vitamins, or pelletizing, colouring, foaming or flavouring agents and any other substance manufactured, sold or represented for use:

Regulatory definition of "mixed feed" (Section 2, Feeds Regulations): means a feed that contains 2 or more single ingredient feeds.

Regulatory definition of "single ingredient feed" (Section 2, Feeds Regulations): means any substance or mixture of substances that is assessed or evaluated as being acceptable for use in feeds and that is described in an item of Schedule IV or V.

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