Amendments made to the Fertilizer Regulations

April 2009

Introduction

The Government of Canada announced an amendment to the Fertilizers Regulations to lengthen the fertilizer and supplement registration period, which currently lasts between 13 and 24 months, to a full 36 months by extending the re-registration period to three years from two and removing the fixed expiry date.

Under the authority of the Fertilizers Act and Regulations, the Canadian Food Inspection Agency (CFIA) carries out pre-market assessment and registration of certain fertilizers and supplements imported into or sold in Canada. The purpose is to verify that fertilizers and supplements are safe, effective and labelled appropriately. This amendment, published on April 1st, 2009 in Canada Gazette, Part II, affects the four types of products that currently require registration under the Fertilizers Act: fertilizer-pesticide combinations, micronutrient fertilizers, low analysis farm fertilizers and most supplements. The existing wording of section 5.(9) of the Fertilizers Regulations states that "Every certificate of registration issued after June 30, 1978 expires on June 30 in the year specified in the certificate that is not later than two years from the date of registration unless the registration is sooner cancelled." With the coming into force of the April 1st, 2009 amendment, the wording has been replaced by "Every certificate of registration expires 36 months after the day on which a registration number is assigned to the fertilizer or supplement."

This regulatory change is not expected to have any adverse effects on the safety and efficacy of fertilizer and supplement products sold in Canada. This amendment should, however, help to lessen the regulatory burden currently faced by companies wishing to maintain product registration under the Fertilizers Act and Regulations, by reducing the frequency with which registrants are required to submit all the necessary documentation and fees to obtain re-registration. The following questions and answers (Q and A's) have been prepared to help stakeholders understand the regulatory amendment and the impacts it may have.

Question 1 - Why is the amendment necessary?

Under the existing two-year registration period with a fixed expiry date, the actual duration of a registration's validity can be as little as 13 months for a new registration, depending on when the process is completed. With the amendment, a new registration period will now last a full 36 months. The CFIA feels that extending the registration period to three years would enhance the regulatory efficiency for regulated parties without compromising public and environmental safety.

Question 2 - Will my currently registered product be extended by an extra year of registration?

Products with existing registrations will not be immediately affected by the amendment. Products currently registered will continue to expire on June 30 of the year indicated on their registration certificate. However, beginning April 1, as the CFIA processes registrations, the registration certificates will be assigned an expiry date corresponding to the 36 month registration period.

Question 3 - Why not extend the registration period (e.g. to five years)?

The CFIA is committed to evaluate different mechanisms to ensure continued product compliance and could consider a registration period of four or more years in the future. However, longer registration periods would be introduced as part of broader program re-design.

Question 4 - Has the fee for the application to register or re-register my product increased?

No, the current fee structure remains unchanged. The fees payable in regards to any application to register or amend a registration can be found in trade memorandum T-4-117 Fees for consideration of an application made under the Fertilizers Act.

Question 5 - Once I obtain a 36 month registration for my micronutrient product, will I still be required to submit four (4) sets of analysis, or will I be required to submit additional results of analysis to demonstrate continued compliance of my product?

As an interim measure, applications for the re-registration of micronutrients are required to contain four (4) sets of analyses of the guaranteed nutrients and the 11 heavy metals, mentioned in section 2.3 of trade memorandum T-4-111 Registration of Micronutrient Fertilizers under the Fertilizers Act. As of April 1, 2009, the Fertilizer Safety Office will no longer accept rationales requesting an exemption from these four (4) sets of analyses. The policy in regards to the requirements for the demonstration of continued compliance with the guarantees and metals of concern is currently under review and the requirement may change following the review and consultation period.

Question 6 - Three years is a relatively long period, can I make changes to my product or product label between re-registrations?

Yes, changes can be made to products or product labels between re-registrations, however, the change(s) must be evaluated and approved by the CFIA before it can occur. In order for the CFIA to review these submissions within the specified service delivery standards, T-4-122 - Service Delivery Standards for Fertilizer and Supplement Registration - Related Submissions under the Fertilizers Act, and Regulations, the industry is encouraged to submit their applications at least 3 months ahead of time for a minor amendment, and 10 months for a major amendment.

Contact

For more information on this amendment to the Fertilizers Regulations feel free to contact Benoit Dubé by email or by telephone:

Canadian Food Inspection Agency
Plant Health and Biosecurity Directorate
Crop Inputs Division Fertilizer Section and Fertilizer Safety Office
Benoit Dubé
59 Camelot Drive
Ottawa, Ontario
K1A 0Y9
Canada
Telephone: 613-221-7506
Facsimile: 613-228-4552