Feed import and export guidance for the proposed Feeds Regulations, 2022
The information in this document is based on requirements set out in the proposed Feeds Regulations, 2022 (the "regulations"). The information is intended to help regulated parties understand the requirements within the regulations once they come into force. The proposed requirements are subject to change as the regulatory process advances through its various stages. In the interim, current laws applicable to livestock feed in Canada continue to apply.
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Introduction
Feed importers are businesses that import single ingredient feeds (SIFs) and mixed feeds into Canada for regulated livestock species. Feed exporters are businesses that sell SIFs and mixed feeds outside of Canada.
The proposed Feeds Regulations, 2022 apply to those who manufacture, sell, import, export, or conduct interprovincial trade of feed. Depending on the scope of their business, feed importers and exporters may be involved in more than one feed-related activity.
Purpose
This document is intended to help feed businesses understand the feed import and export regulatory requirements of the proposed Feeds Regulations, 2022.
What is included
This document provides details about the feed import and export requirements in the proposed Feeds Regulations, 2022. In addition, this document presents scenarios that feed stakeholders may face with respect to these requirements.
Overview
Feed imports
Under the proposed Feeds Regulations, 2022, all imported single ingredient feeds and mixed feeds must either be imported by a licence holder or be registered. If the imported feed is registered, the importer may also choose to voluntarily obtain a licence. The imported feed must meet Canadian standards and labelling requirements. In addition, the importer of a feed must be able to demonstrate that it was manufactured under a preventive control plan (PCP).
Feed importers will have to provide the following information at the time of import:
- importer name and address
- name and address of person who they received the feed from
- country of origin
- address of first destination of feed in Canada
- description of the feed
Generally, feeds that are properly declared with appropriate paperwork can enter the country without further inspection, provided all feed, animal health and plant health import conditions are met. There may be times where there is additional scrutiny to help control specific risks. In those cases, feeds may be subject to inspection upon arrival in Canada.
All importers are responsible for knowing the applicable import requirements (including animal health and plant health import requirements) for any feed they wish to bring into Canada and ensuring each shipment meets those requirements when it arrives at the Canadian border. In addition, importers are responsible for accurately declaring the end use(s) of those feeds. Any false declarations made on import documentation, including incorrect end use, may be subject to compliance and enforcement measures under the Customs Act as administered by the Canadian Border Services Agency (CBSA).
The Canadian Food Inspection Agency's (CFIA) Automated Import Reference System (AIRS) is a reference tool that outlines the import requirements for the CFIA regulated commodities, including livestock feed. AIRS will be updated to reflect the new and amended regulatory requirements. Further information and guidance on the use of this system can be found on the AIRS webpage.
At this time, the CFIA does not have a foreign recognition system in place for livestock feeds. However, if a system is implemented in the future, a foreign recognition system will not impact whether a licence or registration of the feed is required to import it into Canada. All imported feeds must be registered or imported by a licence holder. It is the responsibility of the importer to verify whether the feed being imported requires registration, regardless if an importer is a licence holder. There are certain feed types that require registration whether they are imported or not, including Part II SIFs, and flavouring agents.
Feed importers are responsible for ensuring the imported feed meets all of the requirements in the proposed Feeds Regulations, 2022. This includes:
- Hazard analysis and preventive control plans
- Licensing
- Traceability and record-keeping
- Product registration
- Labelling
Hazard analysis and preventive control plans
Importers must demonstrate that the imported feed has been manufactured, stored, packaged or labelled under conditions which provide the same level of protection as if the activities took place in Canada under a PCP. It is up to the importer to determine how they will demonstrate this. It may include third party audits, on-site visits, or other methods. Additional guidance will be provided when these requirements come into effect.
In addition, the importer will need a PCP that covers the activities, such as storing, packaging, labelling, processing, or selling, that they conduct with the feed once it is in Canada.
Licensing
Imported feeds must be imported by a licence holder or the feed must be registered. Please refer to the licensing guidance for the proposed Feeds Regulations, 2022 for more information.
Traceability and record-keeping
Importers are responsible for the traceability and record-keeping requirements.
These requirements better support the feed supply chain, especially when a timely response to feed safety incidents to the public, animal or plant health or the environment is important.
Please refer to the traceability fact sheet for more information.
Product registration
Importers must ensure that feeds they are importing are either registered or imported by a licence holder. Some feeds require registration even if they are imported by a licence holder. The importer is responsible for verifying if an imported feed requires registration or not.
Please refer to the feed approval and product registration guidance for the proposed Feeds Regulations, 2022 for more information.
Labelling
Feeds that are manufactured in another country and then are imported into Canada must meet the same labelling requirements as a feed that is produced domestically in accordance with the proposed Feeds Regulations, 2022.
Feed businesses importing the feed are responsible for validating that the feed is properly labelled before it arrives in Canada.
Please refer to the labelling guidance for the proposed Feeds Regulations, 2022 for more information.
Exemptions
There are some imported feeds that are exempt from the regulatory requirements under the proposed Feeds Regulations, 2022. These include:
- an imported complete feed, other than a novel feed, that is not more than 10 kg and is intended for feeding to livestock other than livestock intended for human consumption as food (for example, pet rabbits, pet horses)
- an imported feed, other than a novel feed, that is in the form of samples (not more than 1 kg) that is intended for the purpose of marketing promotions at exhibits, trade shows, conferences, labelled "not for sale" and is disposed of in a safe manner or exported
- an imported feed, other than a novel feed, that is in the form of samples (not more than 1 kg) that is intended for the purpose of testing at a laboratory in Canada, if labelled as such and is disposed of in a safe manner or exported
- an imported feed, other than a novel feed, that accompanies imported livestock, if that feed is only consumed by that livestock while the livestock are temporarily in Canada and any remaining feed is disposed of in a safe manner or accompanies the livestock when the livestock are exported
- an imported feed, other than a novel feed, that is only consumed by the imported livestock while the livestock are temporarily in Canada, but the imported feed does not accompany the imported livestock. In this situation, the importer would need to provide certain information to the CFIA and receive a written notice before importation
Feed exports
Under the proposed Feeds Regulations, 2022, feeds intended for export must be manufactured under a PCP by a licence holder. The feed intended for export will not have to meet all of the Canadian standards. For example, feeds intended for export will not require product registration, nor will they need to meet any of the standards or labelling requirements. However, feeds intended for export will need to clearly indicate on the label that the feed is for export.
In addition, the exporter must provide evidence to the CFIA that the feed meets the requirements of the importing country. It is the responsibility of the feed business intending to export feeds to verify and comply with the applicable regulatory requirements of the importing country.
The proposed Feeds Regulations, 2022 also provide authority for issuing certificates or other documents to facilitate the export of feeds. This authority requires that the feed be manufactured, stored, processed, packaged, labelled, or sold by the licence holder and may require that an inspection be conducted prior to issuing the certificate or other documentation. Additional guidance will be developed respecting the process for these export certificates or other documentation, after the proposed Feeds Regulations, 2022 come into effect.
Feed exporters are responsible for ensuring the feeds they export meet the applicable requirements of the proposed Feeds Regulations, 2022. This includes:
- Hazard analysis and preventive control plans
- Licensing
- Traceability and record-keeping
- Product registration
- Labelling
Hazard analysis and preventive control plans
Feed exporters must prepare, keep, maintain and implement a written PCP which should include:
- identification and analysis of hazards associated with the feed establishment, equipment used, incoming materials, feeds, manufacturing or other processes. This would include receiving, handling or storage, and measures to prevent cross contamination
- control measures used to prevent, eliminate or reduce the hazards identified
- a procedure for complaints and recalls
- preventive controls implemented to meet the regulatory requirements of the importing country
The hazards identified may not be the same as those for a feed business producing feed intended for the Canadian market. The identified hazards should be appropriate for the market that the feed is intended for. In cases where feeds intended for export do not meet Canadian standards, the hazard analysis and PCP should indicate the reason, the reference of the standard being used, and any information that supports that the foreign country requirements have been met. If the foreign country has no requirement for a particular standard, information that sets out the specifications for the standard, as indicated by the person in the foreign country for whom the exported feed is intended, must be included.
Licensing
Feed businesses would need a licence to manufacture, store, process, package, label and sell a feed intended for export. Please refer to the licensing guidance for the proposed Feeds Regulations, 2022 for more information.
Traceability and record-keeping
Feed businesses would be responsible for traceability and record-keeping requirements for the feed intended for export. The purpose of these requirements is to better support the feed supply chain, especially when a timely response to feed safety incidents to the public, animal or plant health or the environment is important.
Please refer to the traceability fact sheet for more information.
Product registration
Feeds intended for export do not require product registration, but must meet the regulatory requirements of the importing country.
Please refer to the feed approval and product registration guidance for the proposed Feeds Regulations, 2022 for more information.
Labelling
Feed labels must clearly indicate that the feed is for export. It is up to the exporter to determine any additional labelling requirements for the importing country.
Please refer to the labelling guidance for the proposed Feeds Regulations, 2022 for more information.
Import and export scenarios
In this section, some common scenarios are presented to help regulated parties understand the import and export requirements for livestock feeds under the proposed Feeds Regulations, 2022.
It is the responsibility of the feed business that intends to import or export a feed to verify and comply with all applicable regulatory requirements, such as, but not limited to the Health of Animals Act and regulations and the Plant Protection Act and regulations.
Example 1: A feed business is importing feed into Canada for commercial use
The importer must:
- register the feed (if required) or obtain a licence
- conduct a hazard analysis and put in place preventive controls relevant to the activities conducted in Canada
- ensure the feed was made under conditions similar to Canada
- ensure the feed meets Canadian standards and labelling requirements
- keep appropriate records
Example 2: A feed business purchases an imported feed for further commercial use
An imported feed is considered as such until it is processed to make a new feed or fed to livestock.
Prescribed activities for a feed imported for sale include storing, processing, packaging, labelling and delivering. If a feed has been imported for sale, any owner of the feed who conducts a prescribed activity in Canada with that feed needs a licence, unless the feed is registered.
If a feed business purchases a non-registered imported premix that is already in Canada in order to further process into a complete feed (resulting feed), they would need a licence to perform that prescribed activity (processing) with the imported premix. Once the imported premix has been used, the resulting feed and the activities conducted are no longer considered import-related. The resulting feed may require a licence if it is to be sent to another province or intended for export, or it may need to be registered if it is not exempt.
A livestock producer purchasing a feed that has already been imported that will be used on farm for their own animals (that is, further processing or directly fed) does not need a licence.
Example 3: A livestock producer is importing feed into Canada for personal use only (that is, not for commercial use)
The livestock producer is responsible for ensuring the feed they are importing is registered. In addition they will need to keep appropriate records for traceability, and put in place preventive controls for any activities they conduct with the feed once it is in Canada.
Example 4: A feed business is a licence holder and has chosen to hire a broker to import feed into Canada
When importing feed into Canada, the licence holder is the person responsible for demonstrating that the imported feed and prescribed activities provide at least the same level of protection as those manufactured under Canadian PCP requirements. The licence holder is also the person that the CFIA will contact first in the event of a feed safety investigation, complaint or recall.
A feed business can choose to hire someone to help facilitate and act as their agent during the import process, such as a customs broker. Brokers do not need to obtain a licence (provided the importer has a licence), and their responsibilities are likely limited to the agreement established when hired. Therefore, the importer holding a licence, will be responsible for complying with all applicable Canadian regulatory requirements with respect to the imported feed.
Example 5: A foreign feed manufacturer wants to export feed to Canada.
The foreign feed manufacturer may obtain a licence or register a feed in order to export that feed to Canada.
A feed manufacturer that is located outside Canada may be a licence holder as long as the prescribed activities subject to the licensing requirements are conducted within Canada. A feed business in Canada conducting prescribed activities (storing, processing, packaging, labelling and delivering) with the imported feed is responsible to obtain a licence if the feed is for sale (that is, for commercial use).
Foreign feed manufacturers may be licence holders and registrants. Therefore, a foreign manufacturer may choose to register their feed, in which case a licence would not be required for import or to conduct activities with that feed, or choose to be a licence holder.
Example 6: A feed business makes feed for export, and does not sell any feed within Canada.
The exporter would need to:
- conduct a hazard analysis and put in place preventive controls relevant to the requirements of the importing country
- meet Canadian standards or have information to demonstrate that the feed meets the standards of the importing country or purchaser in the importing country
- obtain a licence for the activities they conduct with the feed that is to be exported
- keep appropriate records, including traceability documents
- ensure the feed is labelled for export
Example 7: A feed business manufactures a feed and sells it to another feed business who then exports the feed.
The feed business that manufactures the feed would need to either meet all of the domestic requirements if they are not intentionally manufacturing the feed for export or:
- conduct a hazard analysis and put in place preventive controls relevant to the requirements of the importing country
- meet Canadian standards or have information to demonstrate that the feed meets the standards of the importing country or purchaser in the importing country
- obtain a licence for the activities they conduct with the feed that is to be exported
- keep appropriate records, including traceability documents
- ensure the feed is labelled for export
The feed business that exports the feed would need to:
- meet Canadian standards or have information to demonstrate that the feed meets the standards of the importing country or purchaser in the importing country
- obtain a licence for the activities they conduct with the feed that is to be exported
- keep appropriate records, including traceability documents
- ensure the feed is labelled for export
Traceability and record-keeping responsibilities end for a feed business when the feed intended for export is provided to another person. For example, if a feed manufacturer and feed exporter are different operators, the manufacturer's responsibility ends when the feed is provided or sold to the feed exporter. The feed exporter's responsibility ends when the feed enters the importing country and is provided to the purchaser in the importing country.
If an exporter chooses to hire a customs broker, compliance with traceability and record-keeping requirements are the exporter's responsibility until the feed intended for export is provided to the purchaser in the importing country.
Example 8: A feed exporter wants to register the feed that will be exported
Feeds intended for export and labelled for export are exempt from registration requirements. However, an exporter may choose to register a feed they intend to export. If the feed is registered it would then need to follow all of the Canadian requirements.
The feed manufacturer and exporter would need to:
- ensure the registered feed is labelled in accordance with the proposed Feeds Regulations, 2022. The label may not say "export" or "exportation"
- conduct a hazard analysis and put in place preventive controls that meet the Canadian requirements
- ensure the feed meets Canadian standards
- obtain a licence for the activities they conduct with the feed that is to be exported
- keep appropriate records, including traceability documents
When a feed is registered it is considered suitable for sale in the Canadian marketplace and must therefore meet all of the Canadian requirements. Labelling the feed with anything other than it's approved registered label would make the feed out of compliance and may mean that the feed is no longer considered registered.
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