Guide to the Canadian Federal Regulatory Requirements for Fertilizers and Supplements

1 - Introduction

1.0 The regulation of fertilizers and supplements in Canada, and the Canadian Food Inspection Agency's (CFIA) Role

1.0.1 What does the CFIA do?

The CFIA administers a number of Acts and Regulations that, together, are designed to safeguard our food supply, protect the health of animals and plants and enhance the well-being of Canada's people, environment and economy. Under the authority of the federal Fertilizers Act and Regulations, the CFIA regulates the importation and sale of fertilizers (plant nutrients) and supplements (substances other than fertilizers that improve the physical condition of soils, or aid plant growth). The Fertilizer Section and the Fertilizer Safety Office are the two sections within the CFIA that are directly responsible for the design and administration of the Fertilizer Program.

1.0.2 What is the CFIA's mandate with respect to fertilizers and supplements?

The Fertilizers Act and Regulations requires that all regulated fertilizer and supplement products be safe for humans, plants, animals, and the environment, efficacious for their intended purpose and properly labelled.

1.0.3 What types of products are regulated under the Fertilizers Act and Regulations?

Fertilizers and supplements cover a wide range of products sold in agricultural, commercial, and home and garden markets. Products include farm fertilizers, fertilizer-pesticides, micronutrients, lawn and garden fertilizers, as well as supplements such as water holding polymers, microbial inoculants, and composts.

1.0.4 What aspects of fertilizer and supplement products are regulated?

Fertilizers and supplements that are imported into and/or sold in Canada are regulated by the CFIA under the authority of the Fertilizers Act and Regulations. Their manufacture, transport, proper use and safe disposal are controlled by provincial, municipal and other federal legislation and policies. The CFIA works together with the provinces and municipalities to ensure that all fertilizers and supplements meet the highest standards for safety and efficacy.

Some fertilizers and most supplements are subject to registration and require a comprehensive assessment prior to their import and/or sale in Canada. Products that are exempt from registration but that are still subject to regulation must meet all the prescribed standards when sold in the marketplace. Companies that manufacture and/or import products that are exempt from registration may approach the CFIA and request a voluntary assessment to verify that their products meet the requirements of the Fertilizers Act and Regulations.

1.0.5 What is a pre-market assessment?

The CFIA's pre-market assessment consists of a detailed, science-based evaluation of product safety information, efficacy, and labelling. To assess a product, the Agency requires the submission of supporting information, which varies in scope depending on the product type and the nature of any claims displayed on the label. The basic supporting information includes product label, manufacturing method, and a complete list of all ingredients and source materials. For certain products, additional safety and/or efficacy information may be required. This includes, but is not limited to a detailed description of the physical and chemical properties of each ingredient, results of analytical tests that show freedom from biological and chemical contaminants, a toxicological/safety data package derived from laboratory studies or scientific publications, and/or efficacy data supporting product performance.

1.0.6 What is involved in a product safety assessment?

Evaluators examine all ingredients in a fertilizer or supplement including the active components as well as the formulants, carriers, additives, potential contaminants and by-products that might be released into the environment as a result of the product's use and application to soil. In addition to evaluating the desired effect of the product as a nutrient or plant growth supplement, unintended and potentially adverse effects are also examined. This includes bystander and worker exposure (e.g. retailer, farmer, home owner), safety of food crops grown on land that has been treated with the product, impacts on animals and plants other than the target crop species, and ecosystem effects including impact on soil, biodiversity, leaching to waterways, etc.

1.0.7 What is involved in a product efficacy assessment?

Efficacy assessments of fertilizer and supplement products can range from simple calculations, ensuring that the product delivers a sufficient amount of nutrients to satisfy plant needs, to highly complex statistical analysis of performance data generated from field or greenhouse trials. In all instances, the efficacy claims that appear on a product label must be supported by scientifically valid information and the product benefits must be substantiated in a clear and definite way. A variety of factors are considered by CFIA evaluators when evaluating product performance including product application rates, nutritional requirements of the target crop, usage pattern, timing and frequency of application, current agricultural practices, appropriate statistical methods, research trial designs, and Canadian climate and soil conditions.

1.0.8 How are labels verified?

All products submitted to the CFIA for registration or approval undergo a thorough label verification to ensure that displayed information is in compliance with the standards prescribed by the Fertilizers Act and Regulations. Evaluators verify that requisite information such as guaranteed analysis, directions for use, company/manufacturer contact information, appropriate units of measurement, and mandatory cautionary statements correctly appear and are clearly legible on the label. The assessment process also verifies that labels only convey true and accurate information. The CFIA requires that any misleading or inappropriate statements be removed from the label, to protect the consumer from fraudulent claims.

1.0.9 In addition to pre-market assessments, what else does the CFIA do to ensure compliance?

The CFIA also monitors fertilizer and supplement products that are already available in the marketplace to verify their compliance with the prescribed standards. Across the country, CFIA inspectors visit facilities, sample products and review labels. These efforts are focussed on verifying that products meet label guarantees, contain requisite label information, and satisfy the safety standards for biological and chemical contaminants (pathogens, heavy metals, pesticide residues, etc.) Products found to be non-compliant are subject to regulatory action, which may include product detention (stop sale) and, in severe cases, prosecution.

1.1 What is the purpose of this Guide?

The Guide to the Canadian Federal Regulatory Requirements for Fertilizers and Supplements is designed as a self-contained document for use by industry and other stakeholders. This document is intended to assist manufacturers, facility operators, importers, distributors and retailers in meeting the regulatory requirements prescribed by the Acts and Regulations administered by the Canadian Food Inspection Agency (CFIA) with respect to fertilizers and supplements. This Guide explains the CFIA's requirements in a comprehensive manner and an easy to read format. Each chapter is devoted to a particular product type and contains all the requirements for that product type.

1.2 What is the scope of this Guide?

This document covers requirements for the sale of fertilizers and supplements in Canada. For importation requirements, please consult the Automated Import Reference System (AIRS) and/or a Customs Broker. AIRS is accessible on our website at: www.inspection.gc.ca/english/imp/airse.shtml.

In addition, the CFIA Import Service Centers (ISC) handle telephone inquiries regarding import requirements for all commodities regulated by the CFIA (including fertilizers and supplements) and, when necessary, coordinate inspections for import shipments. For more information on CFIA's ISCs please visit our website and contact the ISC in your area: www.inspection.gc.ca/english/imp/importe.shtml.

1.3 How do I know what section of the Guide to use?

The flow diagrams on the next two pages are designed to serve as a classification key and will help you identify under which category your product fits, whether it requires registration and which section of the Guide is applicable to your product. To use this key, first assess the guarantees and claims being made on your product label and find the corresponding guarantees and generalized claims on the left hand side of the key. Then follow the flow chart taking the appropriate route for your product. The second last box will tell you whether your product is exempt or requires registration. The last box will indicate the section of this Guide that will explain the regulatory requirements for your product.

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Flowchart - Registration Requirement
Flowchart - Registration Requirement

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