Vol. 145, No. 21 — October 12, 2011

Registration

SOR/2011-205 September 30, 2011

CANADA AGRICULTURAL PRODUCTS ACT
FERTILIZERS ACT
FOOD AND DRUGS ACT
MEAT INSPECTION ACT

Regulations Amending Certain Regulations Administered and Enforced by the Canadian Food Inspection Agency

P.C. 2011-1109 September 29, 2011

His Excellency the Governor General in Council, on the recommendation of the Minister of Agriculture and Agri-Food, hereby makes the annexed Regulations Amending Certain Regulations Administered and Enforced by the Canadian Food Inspection Agency pursuant to

REGULATIONS AMENDING CERTAIN REGULATIONS ADMINISTERED AND ENFORCED BY THE CANADIAN FOOD INSPECTION AGENCY
CANADA AGRICULTURAL PRODUCTS ACT
EGG REGULATIONS

1. The definition “adulterated” in section 2 of the Egg Regulations (see footnote 1) is repealed.

2. Paragraph 4(h) of the Regulations is repealed.

3. Paragraph 6(b) of the Regulations is repealed.

4. The portion of section 6.1 of the Regulations before paragraph (a) is replaced by the following:

6.1 Eggs that are rejects or are contaminated may be marketed in import, export or interprovincial trade as animal food if they are

5. Paragraph 6.2(a) of the Regulations is repealed.

6. Paragraph 9(28)(e) of the Regulations is replaced by the following:

  • (e) is not being used and has not been used for the conveyance of a pest control product within the meaning of subsection 2(1) of the Pest Control Products Act or any other material or substance or thing that might affect the flavour of or contaminate the eggs.

FRESH FRUIT AND VEGETABLE REGULATIONS

7. The definition “adulterated” in section 2 of the Fresh Fruit and Vegetable Regulations (see footnote 2) is repealed.

8. (1) Paragraph 3.1(1)(a) of the Regulations is repealed.

(2) Subsection 3.1(2) of the Regulations is replaced by the following:

(2) It is prohibited for anyone to mix produce that is contaminated with other produce of the same kind so that it meets the requirements of subsection (1).

9. The portion of section 3.2 of the Regulations before paragraph (a) is replaced by the following:

3.2 Produce that is contaminated may be marketed in import, export or interprovincial trade as animal food if it is

10. The definition “clean” in section 1 of Part Ⅰ of Schedule I to the Regulations is replaced by the following:

“clean” means the fruit is not contaminated and is free from dirt, dust, spray residue, wax marks or other foreign material; (propre)

11. Subsection 102(1) of Part Ⅱ of Schedule I to the Regulations is replaced by the following:

102. (1) In this section, “clean” means a tomato is not contaminated and is free from dirt, dust, spray residue, wax marks or other foreign material.

HONEY REGULATIONS

12. (1) The definition “adulterated” in subsection 2(1) of the Honey Regulations (see footnote 3) is repealed.

(2) The definition “first dealer” in subsection 2(1) of the Regulations is replaced by the following:

“first dealer” means any person who acquires for sale under their own label honey packed by another person; (premier commerçant)

13. (1) Paragraph 4.1(1)(a) of the Regulations is repealed.

(2) Subsections 4.1(2) and (3) of the Regulations are replaced by the following:

(2) Honey that has been contaminated may be marketed in export or interprovincial trade as food if the honey, before being marketed, is prepared in a manner so that it meets the requirements of subsection (1).

(3) It is prohibited for anyone to mix honey that is contaminated with other honey so that it meets the requirements of subsection (1).

14. The portion of section 4.2 of the Regulations before paragraph (a) is replaced by the following:

4.2 Despite section 4.1, honey that is contaminated may be marketed in import, export or interprovincial trade as animal food if it is

15. Paragraph 4.3(a) of the Regulations is repealed.

MAPLE PRODUCTS REGULATIONS

16. (1) The definition “adulterated” in section 2 of the Maple Products Regulations (see footnote 4) is repealed.

(2) The definition “first dealer” in section 2 of the Regulations is replaced by the following:

“first dealer” means any person who acquires for sale under their own label maple products packed by another person; (premier commerçant)

17. (1) Paragraph 3.2(1)(a) of the Regulations is repealed.

(2) Subsection 3.2(2) of the Regulations is replaced by the following:

(2) It is prohibited for anyone to mix a maple product that is contaminated with another maple product so that it meets the requirements of subsection (1).

18. The portion of section 3.3 of the Regulations before paragraph (a) is replaced by the following:

3.3 Despite section 3.2, a maple product that is contaminated may be marketed in import, export or interprovincial trade as animal food if it is

19. Paragraph 15(2)(b) of the French version of the Regulations is replaced by the following:

  1. b) il doit être classé ou transformé de nouveau dans un établissement d’emballage agréé en vertu du présent règlement.

PROCESSED EGG REGULATIONS

20. The definition “adulterated” in section 2 of the Processed Egg Regulations (see footnote 5) is repealed.

21. Subsection 4(3) of the Regulations is amended by adding “and” at the end of paragraph (h) and by repealing paragraph (i).

22. Subsections 5.1(2) and (3) of the Regulations are replaced by the following:

(2) Subject to section 5.2, the Director shall give permission to convey processed egg that has been contaminated from a registered processed egg station as food if the processed egg, before being conveyed, is prepared in a manner so that it meets the requirements and standards referred to in subsection (1).

(3) It is prohibited for anyone to mix processed egg that is contaminated with other processed egg so that it meets the requirements and standards referred to in subsection (1).

23. Section 5.2 of the Regulations is replaced by the following:

5.2 Processed egg that is contaminated may be conveyed from a registered processed egg station as inedible processed egg if it meets the requirements set out in subsection 9(22).

24. Paragraph 5.3(a) of the Regulations is repealed.

25. Paragraph 9(23)(e) of the Regulations is replaced by the following:

  • (e) is not being used and has not been used for the conveyance of animals, a pest control product within the meaning of subsection 2(1) of the Pest Control Products Act or any other material or substance that might affect the flavour of or contaminate the processed egg.

PROCESSED PRODUCTS REGULATIONS

26. (1) The definition “adulterated” in subsection 2(1) of the Processed Products Regulations (see footnote 6) is repealed.

(2) The definitions “first dealer” and “operator” in subsection 2(1) of the Regulations are replaced by the following:

“first dealer” means any person who acquires for sale under their own label any food product packed by another person; (premier commerçant)

“operator” means the person who is responsible for the operation of a registered establishment; (exploitant)

27. (1) Paragraph 2.1(1)(a) of the Regulations is repealed.

(2) Subsection 2.1(2) of the Regulations is replaced by the following:

(2) It is prohibited for anyone to mix a food product that is contaminated with another food product iso that it meetst the requirements of subsection (1).

28. The portion of section 2.2 of the Regulations before paragraph (a) is replaced by the following:

2.2 Despite section 2.1, a food product that is contaminated may be marketed in import, export or interprovincial trade as animal food if it is

29. Paragraph 2.3(a) of the Regulations is repealed.

30. Subparagraph 9.1(2)(g)(iii) of the Regulations is replaced by the following:

  1. (iii) the food product meets the requirements of paragraphs 2.1(1)(b) to (d);

31. The heading before section 10 of the French version of the Regulations is replaced by the following:

AGRÉMENT DES ÉTABLISSEMENTS ET EXPLOITATION ET ENTRETIEN DES ÉTABLISSEMENTS AGRÉÉS

32. Section 33 of the Regulations is replaced by the following:

33. If a food product prepared in a registered establishment is packed for a first dealer under that dealer’s private label, the registration number of the establishment or the dealer’s identifying code mark shall appear on the label or be embossed on the container.

33. Paragraph 27.2(1)(a) of Table II of Schedule I to the Regulations is replaced by the following:

  • (a) unfermented juice obtained from clean, sound and mature oranges that has been concentrated to at least one half of its original volume, the total soluble solids content of which is derived
    1. (i) at least 85% from oranges of the species Citrus sinensis,
    2. (ii) not more than 10% from oranges of the species Citrus reticulata or hybrids of any species, and
    3. (iii) not more than 5% from oranges of the species Citrus aurantium;

34. The French version of the Regulations is amended by replacing “enregistrement” with “agrément” in the following provisions:

  • (a) paragraph 11(1)(b);
  • (b) subsection 11(2)
  • (c) subsection 11(3);
  • (d) the portion of subsection 12(2) before paragraph (a);
  • (e) the portion of subsection 12(3) before paragraph (a);
  • (f) paragraph 12(3)(b);
  • (g) the portion of subsection 12(4) before paragraph (a);
  • (h) the portion of subsection 12(5) before paragraph (a);
  • (i) the portion of subsection 12(6) before paragraph (a);
  • (j) paragraph 12(6)(e);
  • (k) paragraph 46(e);
  • (l) subsection 47(1); and
  • (m) subsection 47(2).

35. The French version of the Regulations is amended by replacing “enregistre” with “agrée” in paragraph 11(1)(a).

36. The French version of the Regulations is amended by replacing “enregistré” with “agréé” in the following provisions:

  • (a) subsection 11(2);
  • (b) subsection 11(3);
  • (c) the portion of section 13 before paragraph (a);
  • (d) the portion of subsection 14(1) before paragraph (a);
  • (e) paragraph 14(1)(i);
  • (f) subsection 14(2);
  • (g) section 15;
  • (h) section 16;
  • (i) subsections 17(1) to (3);
  • (j) subsection 17(5);
  • (k) subsection 30.1(1);
  • (l) the portion of section 30.2 before paragraph (a);
  • (m) section 30.3;
  • (n) subsection 44(1);
  • (o) subsection 44(6);
  • (p) paragraph 56(1)(a);
  • (q) paragraph 56(2)(a); and
  • (r) subsection 2(1) of Schedule V.

LICENSING AND ARBITRATION REGULATIONS

37. Section 10 of Part Ⅱ of Schedule II to the Licensing and Arbitration Regulations (see footnote 7) is replaced by the following:

10. At the time of loading in the case of direct shipments, and at the time of sale in all other cases, an agricultural product shall be in a condition so that it will arrive at its destination without abnormal deterioration.

FERTILIZERS ACT
FERTILIZERS REGULATIONS

38. Item 1.18 of Schedule II to the French version of the Fertilizers Regulations (see footnote 8) is replaced by the following:

Article

Colonne 1
Composition

Colonne 2
Noms désignés

1.18

Compost produit à l’aide d’une partie des matières organiques de l’excrément des animaux ou des oiseaux, avec ou sans litière. Le compost peut être fait avec aussi peu que 60 % de fumier et jusqu’à 40 % d’une source de carbone, si le ratio représente le besoin en carbone du fumier et si la source de carbone ne comprend que des substances qui peuvent servir de litière — paille, foin, écorce, bran-de-scie, copeaux de bois, frisures de bois, feuilles, gazon, fragments de bois (notamment des branches et des feuilles), résidus d’émondage et résidus de végétaux, mais à l’exclusion du bois traité ou des substances contaminés par des produits chimiques ou biologiques

Fumier composté (Spécifier la catégorie.)

39. The portion of item 1.23 of Schedule II to the French version of the Regulations in column 2 is replaced by the following:

Article

Colonne 2
Noms désignés

1.23

Urée-formol (Spécifier la catégorie.)

40. The portion of item 1.30 of Schedule II to the Regulations in column 1 is replaced by the following:

Item

Column 1
Composition

1.30

A coated slow-release fertilizer consisting of urea particles coated with sulphur. The product may be further coated with a sealant (2 to 3% of total weight). The product contains 30 to 45% nitrogen and 5 to 30% sulphur

FOOD AND DRUGS ACT
FOOD AND DRUG REGULATIONS

41. Paragraph (d) of the definition “milk product” in section B.08.001.1 of the Food and Drug Regulations (see footnote 9) is replaced by the following:

  • (d) with respect to ice milk mix, ice cream mix or sherbet, any of the products referred to in subparagraph (a)(i) or (ii) or (c)(i), (ii) or (iii). (produit du lait)

MEAT INSPECTION ACT
MEAT INSPECTION REGULATIONS, 1990

42. The definition “Director” in subsection 2(1) of the Meat Inspection Regulations, 1990 (see footnote 10) is replaced by the following:

“Director” means the Director designated by the President of the Agency. (directeur)

43. The portion of 27(1) of the French version of the Regulations before paragraph (a) is replaced by the following:

27. (1) La demande d’agrément d’un établissement pour l’une ou plusieurs des activités ci-après est présentée — en la forme approuvée par le directeur — au directeur exécutif du centre opérationnel dans lequel l’établissement est ou sera situé :

44. Paragraph 29.2(2)(b) of the Regulations is replaced by the following:

  • (b) if a cancellation procedure has been commenced under section 29.3, until the notice of cancellation of the licence is delivered to the operator.

45. Section 61 of the Regulations is replaced by the following:

61. Every operator and every person engaged in the handling and slaughtering of a food animal in a registered establishment shall comply with sections 62 to 80.

46. Section 61.1 of the Regulations is repealed.

47. The portion of item 15 of Schedule IV to the English version of the Regulations in column II is replaced by the following:

Item

Column II
Requirements

15.

Containing a liver, a heart or a gizzard or any combination of them from the same species.

COMING INTO FORCE

48. These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issue and objectives

This regulatory amendment package makes minor amendments to several regulations administered and enforced by the Canadian Food Inspection Agency (CFIA) and addresses comments and recommendations provided by the Standing Joint Committee for the Scrutiny of Regulations (Committee).

The Regulations affected by these amendments are the Honey Regulations, Maple Products Regulations, Processed Products Regulations, Egg Regulations, Processed Egg Regulations, Fresh Fruit and Vegetables Regulations, Licensing and Arbitration Regulations, Fertilizers Regulations, Food and Drug Regulations, and Meat Inspection Regulations, 1990.

Description and rationale

The majority of the regulatory amendments in this package are editorial changes and minor modifications to existing regulations as recommended by the Committee. Minor administrative amendments are included that will provide consistency between English and French versions and with other regulations administered and enforced by the CFIA. These amendments do not make any substantive change to the regulations.

Amendments

A description of the specific regulatory amendments follows.

Honey Regulations, Maple Products Regulations, Processed Products Regulations, Egg Regulations, Processed Egg Regulations and Fresh Fruit and Vegetables Regulations

The Committee has indicated that a food product that is “adulterated” will be “contaminated”. The Committee stated, “It seems unnecessary to incorporate into the Regulations the notion of food products which are ‛adulterated’, as opposed to ‛contaminated’.” The term “adulterated” is repealed in all relevant regulations under the Canada Agricultural Products Act (CAPA), to ensure consistency.

Processed Products Regulations and Maple Products Regulations

The Committee has advised the CFIA that the term “établissement enregistré” within the Processed Products Regulations needs to be replaced with the term “établissement agréé” to be equivalent with the English term “registered establishment.” All relevant provisions within the Regulations are amended to ensure consistency.

As well, the term “établissement enregistré” is replaced with the term “établissement agréé” within the Maple Products Regulations, ensuring consistency among the regulations within the CAPA.

Honey Regulations, Maple Product Regulations and Processed Products Regulations

In the French version of these regulations, the definition of “first dealer” has been amended to address comments by the Committee to ensure consistency between regulations pursuant to the CAPA. The Committee stated, “While the English version of this definition refers to a person who ‛acquires’ for sale under their own label a maple product packed by another person, the French version refers to a person who buys for sale under their own label a maple product packed by another person. In that something may be acquired other than by purchase, the two versions would seem to be discrepant.” All relevant provisions within the regulations are amended to ensure consistency.

Processed Products Regulations

Paragraph 27.2(1)(a) of Table II to Schedule I is amended to address comments made by the Committee recommending the removal of grammatical errors in the English version of this provision.

Licensing and Arbitration Regulations

Section 10 of Part Ⅱ of Schedule II is replaced in order to address comments made by the Committee. The final words of this section “at a specified destination” do not serve any purpose and are only present in the English version. This section is amended to provide clarity and consistency in application and interpretation.

Fertilizers Regulations

Item 1.18 of Schedule II is amended to harmonize the English and French versions of the Fertilizers Regulations to address comments by the Committee. The French term “fumier compost” has been replaced with “fumier composté.” In addition, “qui peuvent avoir été” has been deleted.

Item 1.23 of Schedule II is amended as a result of recommendations received by the Committee. Following a scientific review of the French term “urea forme”, it was determined that the more accurate term would be “urée-formol”.

Pursuant to comments from the Committee regarding the current phrase “it may contain about 30 to 40% nitrogen and 10 to 30% sulphur,” this phrase is replaced with the following: “it contains 30 to 45% nitrogen and 5 to 30% sulphur.” The new wording reflects current manufacturing processes and sulphur-coated urea (SCU) products currently being marketed. It was determined that the current percentage range needed to be increased if the term “about” was removed.

Food and Drug Regulations

Paragraph B.08.001.1(d) is amended in order to correct a subparagraph reference. A recent regulatory amendment split the subparagraphs of paragraph (c); however, paragraph (d) was not amended accordingly.

Meat Inspection Regulations, 1990

In subsection 2(1), the English and French versions of the definition of “Director” are amended to make the term more generic and consistent with other regulations administered and enforced by the CFIA.

Subsection 27(1) of the French version of the Regulations is replaced to correct a discrepancy between the English and French versions. The English version refers to the “Executive Director for the area”; the French version has been replaced to refer to an equivalent term, “directeur exécutif du centre opérationnel.”

Paragraph 29.2(2)(b) of the English version is amended to correct a misspelled word. The term “issuer” is replaced by “issue.”

The portion of item 15 of Schedule IV in column II of the English version is amended to replace the word “any” with the word “a” to be consistent with the French version.

Section 61.1 of the Regulations is repealed; the Committee has indicated that this provision is ultra vires as the Meat Inspection Act does not include the authority to make regulations dealing with the inhumane treatment of animals outside of the abattoir.

Benefits and costs

There are no anticipated additional costs to the CFIA, industry or consumers as a result of these amendments. However, these amendments will either ensure consistency between regulations under the Canada Agricultural Products Act (CAPA) or consistency between the English and French versions of Regulations, or correct administrative and/or grammatical errors in either French or English versions of regulations. A few of these amendments are intended to provide additional clarity in the application and interpretation of the regulations in question.

Consultation

As these amendments are minor and administrative in nature, it was determined that consultation was not necessary with the exception of one amendment to the Fertilizers Regulations.

Regarding the amendment to Item 1.30 of Schedule II to the Fertilizers Regulations, the CFIA consulted with industry concerning the specification of product percentages. This change, supported by stakeholders and industry, will benefit CFIA by removing the ambiguity of the term “about” and it will provide a clear definition for product requirements. It will also benefit industry and manufacturers by clarifying specific requirements for products. The slight increase in the percentage range is required to accommodate some Canadian-manufactured products following the removal of the term “about.”

This amendment reflects the current manufacturing of sulphur-coated urea products currently being marketed. CFIA officials have worked with stakeholders and industry to address any concerns with the change.

Implementation, enforcement and service standards

These amendments will provide increased clarity and consistency in the application and interpretation of the regulations. The amendments will not affect the CFIA’s current enforcement activities.

As these amendments are administrative in nature, no implementation plan is required.

Contact

Danielle Caron
Manager
Regulatory Affairs
Canadian Food Inspection Agency (CFIA)
1400 Merivale Road, Tower 2
Ottawa, Ontario
K1A 0Y9
Telephone: 613-773-5375
Fax: 613-773-5960
Email: Danielle.Caron@inspection.gc.ca

Footnote a
S.C. 2001, c. 4, s. 64

Footnote b
R.S., c. 20 (4th Supp.)

Footnote c
S.C. 2002, c. 28, s. 84

Footnote d
R.S., c. F-10

Footnote e
S.C. 2005, c. 42, s. 2

Footnote f
R.S., c. F-27

Footnote g
S.C. 1993, c. 44, s. 184

Footnote h
R.S., c. 25 (1st Supp.)

Footnote 1
C.R.C., c. 284

Footnote 2
C.R.C., c. 285

Footnote 3
C.R.C., c. 287

Footnote 4
C.R.C., c. 289

Footnote 5
C.R.C., c. 290

Footnote 6
C.R.C., c. 291; SOR/82-701

Footnote 7
SOR/84-432

Footnote 8
C.R.C., c. 666

Footnote 9
C.R.C., c. 870

Footnote 10
SOR/90-288