The Canadian Food Inspection Agency (CFIA) is seeking comment and input on proposed amendments to the Fertilizers Regulations. The proposed amendments to the Fertilizers Regulations are designed to provide flexibility to industry through a risk-based approach that focuses regulatory controls on product safety and environmental protection.
CFIA is striving for new regulations that balance the need to ensure the safety of fertilizers and supplements while reducing regulatory burden and maintaining market access. Updating federal regulations is important to protect the safety of Canada’s people, animals, plants and the environment, and to encourage agricultural innovation.
Proposed changes
To align pre-market regulatory oversight with the risk profile of the product and to facilitate market access for safe and innovative fertilizers and supplements, a revised scheme of exemptions from registration is proposed. Accordingly, low risk fertilizers and supplements would be subject to reduced regulatory scrutiny, while those with higher or unknown risks would be subject to registration (even if currently exempt). To support implementation, product proponents would be required to either prepare and keep records that demonstrate how the product meets the exemption criteria, or disclose this information on the product label. Certain definitions in the Regulations would also be amended, added, or removed to enable implementation of the revised exemption scheme.
Amendments are also proposed to clarify that both domestically produced and imported products intended for export or for manufacturing purposes would be exempt from all provisions of the Fertilizers Act and the Regulations. The exemption for fertilizers imported for personal use would be removed.
It is also proposed to streamline labelling requirements while requiring bilingual labelling of core product information (e.g. directions for use), as required under the OLA. Several administrative changes are proposed, including the following: removing the application form from the Regulations, extending the registration period from three to five years and repealing the Compendium of Fertilizer-Use Pesticides (CFUP). Moving forward, all fertilizers and supplements that are pesticides or that contain pesticides would have to conform to the provisions of the Pest Control Products Act (PCPA) with respect to human, animal or plant health, or the environment.
The Regulations Amending the Fertilizers Regulations are posted in the Canada Gazette, Part I Vol 152. Comments and feedback is open until February 21, 2019.
For more information visit the consultation on proposed amendments to the Fertilizers Regulations or contact cfia.fertilizermodernization-modernisationengrais.acia@canada.ca.