Vol. 136, No. 33 — August 17, 2002

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

Statutory Authority

Canada Agricultural Products Act
Fertilizers Act
Food and Drugs Act
Health of Animals Act
Meat Inspection Act
Plant Protection Act
Seeds Act

Sponsoring Agency
Canadian Food Inspection Agency

REGULATORY IMPACT ANALYSIS STATEMENT

Description

This regulatory amendment package makes minor amendments and addresses revisions identified by the Standing Joint Committee for the Scrutiny of Regulations to regulations administered and enforced by the Canadian Food Inspection Agency (CFIA). Accordingly, a simplified Regulatory Impact Analysis Statement (RIAS) has been prepared.

The following is a description of the changes.

Egg Regulations

The amendments to subsection 31(2) clarify the language to indicate that, in the case of paragraph (a), the exemption for imported eggs of one case only applies if the eggs are for personal use and, in the case of paragraph (c), the exemption for imported eggs applies to eggs that are imported for purposes of research or a food show. These amendments harmonize these Regulations with other commodity regulations administered by the CFIA.

Fresh Fruit and Vegetable Regulations

The definition "Canada Produce Legend" is repealed, as the definition is no longer used in the Regulations. Establishments are required to display their registration number as set out in Schedule IV; however, the Canada Produce Legend, which was set out in Schedule III, is repealed.

The amendment to the definition "lot" clarifies the meaning of the definition. A lot does not necessarily have to be separate from other produce, but may be the same produce that is separated for a specific purpose. For example, the same produce may be packed on different dates and, therefore, should be considered separately for inspection, even though the actual produce is the same.

Subsection 2.1(1) is amended to remove the reference to export requirements. All export requirements were removed from the Regulations in the early 1990's.

Paragraph 3.2(b) is amended to clarify that the label must include both the English and French versions of the expression "animal food" and « aliments pour animaux ».

Section 3.3 is repealed because this authority already exists in the Canada Agricultural Products Act under section 23 and subsections 25(1) and (2). The authority does not need to be repeated in the Regulations.

Subsections 12(2) and (3) are amended to clarify labelling requirements by adding the requirement to include the establishment registration number and to use the more general expression "print" instead of the more restrictive "letters". The expression "print" is used because it will include both letters and numbers.

Subsection 23(b) is amended in order that it be consistent with other changes being proposed.

Subsection 29(1) is amended to clarify that only the initial shipment of produce out of the province identified needs to comply with subsections 29(2) and (3).

Subsection 36(1.1) is amended to correct the reference to section 34. The reference should be to subparagraph 34(1)(a)(ii) and not to paragraph 34(1)(b).

Subsection 61(17) is added to the Regulations, in order to maintain the requirement that registered establishments maintain a file of label samples and submit same for inspection, if requested. This amendment will serve to maintain this requirement and will place it under the more appropriate heading of the Regulations.

The two amendments to section 63 repeal subsections (3) and (4) and modify the wording of subsection (1). Subsections (3) and (4) are no longer required because the Canada Produce Legend is a trade-mark and already sets out these requirements. As such, these subsections are redundant and are repealed accordingly.

Subsection (1) of section 63 is modified to reflect the introduction of new Schedule IV, which sets out the requirements to display the establishment registration number. Section 63 is amended a second time, with a later coming-into-force date, to reflect the repeal of Schedule III and the Canada Produce Legend. The coming into force of the repeal of Schedule III is delayed, in order to allow establishments to deplete existing label inventory and to allow for re-printing of new labels with the new requirement as set out in Schedule IV.

The amendments to the subsections 15(1), 16(1), 16(2) and sections 70 and 71 of Part I of Schedule I, and sections 14, 15, 27, 28, 34, 35, 77, 78, 84, 85, 91, 92 and 98 of Part II of Schedule I constitute miscellaneous amendments to correct cross-references to other provisions within the Regulations. The amendments also address an issue with respect to the ease of use of the Regulations.

The separation of this destination tolerance from the grade standards for these commodities in Schedule I rendered the Regulations difficult to interpret. The Regulations were, therefore, amended to include these tolerances into Schedule I. However, after the Regulations were amended, it was noted that the destination tolerances were not consistent with what had been outlined in subsection 3(3). In fact, in some cases, the tolerances at destination were more severe than those allowed at shipping point. The amendments to Parts I and II of Schedule I, listed above, address this issue.

The inspection requirement in section 93 of Part II of Schedule I is removed, as it was determined that the inspection requirement is obsolete. Container tolerances are not currently being applied by the industry or CFIA inspection staff. There will be no impact as there are no container tolerances being applied at this time.

The conjunction "and" at the end of paragraph (a) in section 97 of Part II of the English version of Schedule I is redundant and is repealed accordingly. This conjunction already appears at the end of paragraph (b).

The Canada Produce Legend as set out in Schedule III was not legible on small packages, thereby limiting its effectiveness. The Regulations are therefore amended to repeal Schedule III and to introduce a new format for establishments to display their registration numbers. The new format is included in a new Schedule IV. In order to provide establishments with the opportunity to exhaust their existing stock of labels marked with the Canada Produce Legend and to produce new labels using the new format, the coming into force of the repeal and replacement of the Legend is delayed for 24 months after the date of registration of these amending Regulations.

Maple Products Regulations

The definition of "contaminated" is modified to update the reference to the Canadian Environmental Protection Act, 1999 and is corrected by replacing the word "and" with "or" following this reference.

The amendments to sections 3.1 and 3.2 modify the wording to make the original intended meaning of these sections more clear.

Paragraph 3.3(b) is amended to clarify that the label must include both the English and French versions of the expression "animal food" and « aliments pour animaux ».

Section 3.4 is not necessary and is therefore repealed.

The English version of subsection 6.2(2) is amended to make it equivalent to the French version of this provision.

Processed Egg Regulations

The amendments to subsection 21(2) clarify the language to indicate that, in the case of paragraph (a), the exemption for imported processed egg up to 20 kg only applies if the product is for personal use and, in the case of paragraph (c), the exemption for imported processed egg applies to product that is imported for purposes of research or a food show. These amendments harmonize these Regulations with other commodity regulations administered by the CFIA.

Processed Products Regulations

The definition "contaminated" is modified to update the reference to the Canadian Environmental Protection Act, 1999.

The definitions "principal display panel" and "principal display surface" are added to the Regulations in order to make the Processed Products Regulations consistent with the Consumer Packaging and Labelling Regulations.

Section 2.1 is amended to clarify the meaning and the original intention of these provisions.

The amendment to section 2.2 clarifies the meaning of this provision by requiring that both the English and French versions of the label be fixed to a food product that is adulterated or contaminated.

Section 2.3 is not necessary and is therefore repealed.

The English and French versions of subsection 10(2), subparagraph 12(2)(a)(iii), subparagraph 14(1)(k)(iv), subparagraph 14(1)(l)(i), subsection 16(2) and subsection 17(4) are not equivalent. The wording of these provisions is therefore modified to make them equivalent.

Sections 18 and 19 are repealed because the information required to be provided by an operator in these two provisions is not necessary. These sections are therefore redundant and are repealed accordingly.

Subsection 25(3) is replaced in order to remove the words "and creamed seafood sauces" as this commodity is no longer regulated by these Regulations. This change will reflect the current practices in industry today and results from a review conducted by both the industry and the program.

The French version of paragraph 31(f) is amended to correct an inconsistency between the English and French version of this provision.

Subsection 56(1) is replaced in order to remove the words "creamed seafood sauce", "cider vinegar", and "wine vinegar" as these products are no longer regulated by these Regulations. This change will reflect the current practices in industry today and results from a review conducted by both the industry and the program.

The French version of subsections 56(3) and 60(3) is not equivalent to the English version and is amended accordingly.

The words "if any" are added to paragraph 59(2)(b) and paragraph 60(2)(a) because standards do not exist for all products, even though these products may have a standard container size prescribed by these Regulations.

Sections 59.1 and 62 are repealed because the information contained in these provisions is redundant.

The French version of section 61 is not equivalent to the English version of this provision and is amended accordingly.

Paragraph 69(1)(b) is amended to clarify the meaning and to harmonize this provision with the English version.

The French versions of paragraphs 73(1)(b) and 73.1(b) are amended to harmonize them with the English versions of these provisions.

Sections 17, 34, 56 and 62 of Table I of Schedule I, section 10 of Table II of Schedule I, sections 5 and 8 of Schedule II, item (23) of Table III of Schedule III are repealed, as these commodities are no longer regulated by these Regulations. This change will reflect the current practices in industry today and results from a review conducted by both the industry and the program.

The French version of the definition "concentrated orange juice for manufacturing" is amended to harmonize the meaning with the English version of this provision.

The expression "creamed seafood sauces" is deleted from column I of item (20) of Table III of Schedule III to the Regulations. This product is no longer regulated by these Regulations. This change is a result of a review conducted by both the industry and the program.

The amendment to the English version of subsection 3(2) of Schedule V to the Regulations corrects a typographical error. The word "declaration" is replaced by the word "declarations".

Licensing and Arbitration Regulations

Paragraph 3(3)(l) and subsection 3(6) are repealed, because their content is redundant. These provisions require that the licensee/applicant provide a description of the facilities for the handling and storage of the agricultural products or provide evidence of a lease of said facilities. There are already "Standards respecting the Preservation of the Condition of an Agricultural product" and " Storage Standards" contained within the Regulations under Schedule II, Parts II to V. The Arbitration Board believes that, if the applicant/licensee does not have appropriate facilities in which to store the agricultural product, a Breach of Standard will result. These provisions are, therefore, redundant given the conditions set out in the Standards noted above.

Fertilizer Regulations

In subsection 2(1), the definition of "specialty fertilizer" is amended to clarify the original intent of this definition. Specialty fertilizers are those that are designed for use only for the applications outlined in the definition. The definition of "farm fertilizer" is added to this subsection, because the term is referred to later in new provisions.

The exemption set out in subsection 3.1(3) is extended to cover farm fertilizers that do not contain pesticides. This exemption extends to farm fertilizers, in order to allow the sale of potentially agriculturally useful products that are not available at present in the marketplace.

Similarly, subsection 10(1) is amended to create a mechanism whereby agriculturally useful products can be registered and ultimately used by producers. This amendment creates an opportunity for useful products to enter the marketplace and will, therefore, likely receive a positive reaction from Canadian industry. The Canadian Fertilizer Institute has expressed acceptance of the idea.

Paragraph 11(1)(b) is amended to address a legal concern.

Schedule II is replaced to update the name and standards of fertilizers and supplements and to modernize the structure of the Schedule. The forms in Schedules III and IV are replaced because the present version of the forms is out of date.

Food and Drug Regulations

The Livestock and Poultry Carcass Grading Regulations under the Canada Agricultural Products Act were revised some time ago to require beef carcasses to be marked with the grade name, and in the case of carcasses grade-stamped Canada A, AA, AAA and Prime, the yield class. Other grades are not required to be stamped with the yield class. Subsection B.14.018(1) of the Food and Drug Regulations currently requires that when bulk beef carcasses of greater than 7 kg are advertised, the grade of the carcass must be indicated in the advertisement. As a result of a Regulatory Review, it was agreed that this requirement should be harmonized with the Livestock and Poultry Carcass Grading Regulations to require both grade and yield class, where applicable, to be indicated in the advertisement markings on the carcass. From a consumer information perspective, this can provide useful information to the consumer on the proportion/percentage of lean meat on the carcass. No objections were received during consultations with industry.

Health of Animals Regulations

Subsection 105(3) has been amended to update the language and remove the reference to paragraph 40(m), which no longer exists.

Meat Inspection Regulations, 1990

In subsection 2(1), the wording of the definition "denature" is amended to clarify the meaning, and the definition of "edible" is replaced in order that the meaning of "edible" is consistent with other commodity regulations.

The addition of paragraph 3(1)(d.1) broadens the non-application of sections 7 to 9 to include feed, which is not considered a meat product under the Meat Inspection Regulations, 1990 (MIR). Subsection 3(1) is further amended to clarify the meaning of paragraph (f) by updating the language similar to that used in paragraph 3(1)(a) and to add the word "antlers" to paragraph (j) in order to clarify that antlers harvested on the farm for use as food are exempt from the application of the MIR. Antlers for human consumption fall under the Food and Drug Regulations.

Subsection 18(1) is amended by capitalizing the word "Trichinae".

Subsection 18(3) is added to exempt from the requirement of subsection 18(1) pork that has been examined and found to be free of trichinae. This harmonizes the MIR with USDA policy.

The addition of paragraph 27(4)(b) provides a registrant the option of cancelling a registration if no activity is being carried on in the establishment.

The amendment to paragraph 28(1)(c) removes the redundant words "and is registered by the Director". The operation of this portion is already covered by section 35.

The amendment to section 29 creates an Agency Register of Operators in order to reduce the administrative burden of renewing licences to operate a registered establishment. This change will eliminate business names from appearing on licences and have them rather appear in the Agency Register of Operators. The creation of a register reduces the work required by eliminating the issuance of licenses every year.

Subsection 93(4) is amended at the request of industry to reduce the authorized minimum size of the meat inspection legend from 12.5 mm to 10 mm. The reduction in size of the meat legend will allow for more space on the label that can be used to provide more consumer information.

Subsection 94(3) is re-worded to clarify the conditions under which a meat product can be considered as shelf stable. Subsection 94(10) is repealed as there is no longer any justification to retain this requirement.

Subsection 94(10) is repealed as this provision is no longer required. This regulation was originally put in place because there was a concern that, since a tomato product could impart a reddish colour to the meat product, its presence should be indicated on the label with the name of the product. There is no longer a valid reason to maintain this requirement.

The amendment to subsection 95(3) broadens the requirement to label all meat products with a production date or a code identifying the production lot. The present wording limits the application of this requirement to ready-to-eat meat products only. Implementation of this measure will facilitate trace back of any meat product in the event of a recall procedure.

The replacement of section 96 allows for greater flexibility in the placement of the meat inspection legend and the list of ingredients on prepackaged meat products. This clarification harmonizes the MIR with prescriptions under the Food and Drug Regulations (FDR). The list of ingredients, the name and address of the manufacturer and the meat inspection legend will no longer have to be grouped together. However, all ingredients and components of ingredients must be grouped together as specified under the FDR. The section is further modified to specify that the best before statement can appear on a panel other than the principal display panel and that this statement can appear on the bottom of a container provided there is an indication of its location on another part of the label.

New subsection (3) is added to section 102 to allow for the declaration of net quantity in words or decimals for all meat products where the net quantity is less than a whole number. The amendment is made to harmonize the MIR with the Consumer Packaging and Labelling Regulations (CPLR).

Sections 104 to 106 are reworded to harmonize the wording with the CPLR. Section 105 is repealed because it conflicted with sections 104 and 106. The existing text is modified and is moved to become subsection 102(3).

Section 116 is amended to clarify the wording and to reverse a repeal made in a previous miscellaneous amendment regulation. Instead of only modifying subsection 116(1), subsection 116(2) was repealed. This amendment reinstates subsection (2) with some minor clarifications.

Paragraph 123(b) is repealed because the prohibition on importing edible meat products containing meat or a meat by-product derived from a boar or a cryptorchid pig is not consistent with current domestic policy. The proposed amendment will provide for a uniform requirement for both domestic and imported product.

At the request of industry, the amendment to item 8 of Schedule I removes restriction of a maximum of 5 percent of fresh beef being used in the preparation of corned beef.

Plant Protection Regulations

The definition of "pest risk assessment" in section 2 is amended by updating the reference to the name of the standard. The word "pest" is also clarified within this definition.

Subsections 41(2), (3) and (4) are repealed. Due to operational changes, a person is no longer required to attach a label or tag to the container of the thing being shipped. The CFIA still requires that the container or accompanying invoice bear marks that will identify the person importing the thing, the foreign exporter, the thing and, if applicable, the permit number. A custom's declaration label will suffice.

Seeds Regulations

The definition "officially-recognized sample" in subsection 2(2) is amended to allow sampling under the supervision of a licensed sampler. The definition "officially-recognized test" is amended to clarify that accredited graders can test seed, within the scope of their accreditation. A definition of "licensed sampler" is added to subsection 2(2) as a result of seed samplers now being licensed under subsection 13.1(2.1). The definition of "Registrar" is also amended to include an authority to license samplers.

Subsection 6(2) replaces the term "purity" with the phrase "weed seed and other crop seed" to clarify the original intent of the provision.

The addition of paragraph 7(1)(a.1) reintroduces the requirement for seed lot uniformity that was inadvertently dropped from the Regulations when the General Quality Standards were removed.

The amendment to subsection 10(3) clarifies the intent with respect to the use of variety names on labels or in advertising seed for sale. The amendment requires that seed of the kinds or species listed in Schedule II to the Seeds Regulations must be graded with a Canada pedigreed grade name in order to be sold by variety name, with certain specific exemptions, and clarifies those situations in which seed loses its pedigreed status.

Subparagraph 11(1)(b)(ii) is amended to clarify the tests that an accredited grader can perform.

The amendment to subsection 12(3) replaces the phrase "purity analysis" with "determination of impurities" to clarify intent.

The amendments to sections 13.1 and 13.2 are a result of the introduction of licensing of seed samplers. These amendments reflect the accreditation of these individuals similar to the accreditation of seed graders. For example, samplers and graders would be subject to the same accreditation criteria set out in subsections 13.1(2) and (2.1) and to the same suspension and cancellation criteria as set out in section 13.2.

Currently, paragraph 34(5)(b) requires that a grade name appear on the invoice which accompanies the sale of seed, if the seed is sold without official inter-agency certification tags attached to each package. Because this requirement is often overlooked in that the invoice does not always accompany the seed, the amendment to this paragraph strengthens the requirement by directing vendors to issue a document with the Canada pedigreed grade name, the name of the person selling the seed and the accredited grader number of the person who graded the seed.

The addition of subsection 40(7) introduces the requirement to have imported seed properly evaluated prior to general release.

Section 88.1 is added to the Regulations to allow the registrant to cancel the registration of the establishment.

Section 95 is amended to allow for the testing of a person's knowledge of the requirements for importing seed.

Contact

Heather Gordon, Regulatory and Intergovernmental Affairs Directorate, Canadian Food Inspection Agency, 59 Camelot Drive, Nepean, Ontario K1A 0Y9, (613) 225-2342, extension 4372 (Telephone), (613) 228-6653 (Facsimile).

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, proposes to make the annexed Regulations Amending Certain Regulations Administered and Enforced by the Canadian Food Inspection Agency pursuant to:

(a) section 32 (see footnote a)  of the Canada Agricultural Products Act (see footnote b) ;
(b) subsection 5 (1) (see footnote c)  of the Fertilizers Act;
(c) subsection 30 (1) (see footnote d)  of the Food and Drugs Act;
(d) subsection 64 (1) (see footnote e)  of the Health of Animals Act (see footnote f) ;
(e) section 20 (see footnote g)  of the Meat Inspection Act (see footnote h) ;
(f) section 47 (see footnote i)  of the Plant Protection Act (see footnote j) ; and
(g) section 4 (see footnote k)  of the Seeds Act.

Interested persons may make representations with respect to the proposed Regulations within 30 days after the date of publication of this notice. All such representations should cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Ms. Heather Gordon, Canadian Food Inspection Agency, 59 Camelot Drive, Nepean, Ontario, K1A 0Y9. Tel: (613) 225-2342 (ext. 4372); Fax: (613) 228-6636.

Ottawa, August 8, 2002

EILEEN BOYD
Assistant Clerk of the Privy Council

REGULATIONS AMENDING CERTAIN REGULATIONS ADMINISTERED AND ENFORCED BY THE CANADIAN FOOD INSPECTION AGENCY

CANADA AGRICULTURAL PRODUCTS ACT

Egg Regulations

1. (1) Paragraph 31(2)(a) of the Egg Regulations (see footnote 1)  is replaced by the following:

(a) is of one case or less and is not intended for sale in Canada;

(2) Paragraph 31(2)(c) of the Regulations is replaced by the following:

(c) is of five cases or less and is intended for use in analysis, evaluation, testing or research or in a national or international food exhibition;

Fresh Fruit and Vegetable Regulations

2. (1) The definition "Canada Produce Legend" in section 2 of the Fresh Fruit and Vegetable Regulations (see footnote 2)  is repealed.

(2) The definition "lot" in section 2 of the Regulations is replaced by the following:

"lot" means a quantity of produce that for any reason is considered separately for inspection; (lot)

3. Subsection 2.1(1) of the Regulations is replaced by the following:

2.1 (1) Subject to subsection (2), these Regulations apply in respect of all produce that is marketed in import or interprovincial trade, supplied fresh to the consumer or for food processing.

4. Paragraph 3.2(b) of the Regulations is replaced by the following:

(b) labelled with the words "animal food" and "aliments pour animaux";

5. Section 3.3 of the Regulations is repealed.

6. (1) The portion of subsection 12(2) of the Regulations before paragraph (a) is replaced by the following:

(2) Subject to subsection (5), the letters and numerical quantities in the declaration of net quantity, the grade name, the country of origin and, subject to section 3 of Schedule III, the registration number of the registered establishment shall be shown in bold-face type in letters and numerals of not less than the following height:

(2) The portion of subsection 12(2) of the Regulations before paragraph (a), as enacted by subsection (1), is replaced by the following:

(2) Subject to subsection (5), the letters and numerical quantities in the declaration of net quantity, the grade name, the registration number of the registered establishment and the country of origin shall be shown in bold-face type in letters and numerals of not less than the following height:

(3) Subsection 12(3) of the Regulations is replaced by the following:

(3) Subject to subsection (5), all information required by these Regulations to be shown on the label of produce, other than the information referred to in subsection (2), shall be shown in print that is at least 1.6 mm in height.

7. Paragraph 23(b) of the Regulations is replaced by the following:

(b) the grade name, if any, established by these Regulations for the produce, except in the case of imported produce,

8. Paragraphs 29(1)(a) to (c) of the Regulations are replaced by the following:

(a) apples grown in and shipped from the Province of Nova Scotia, New Brunswick, Quebec, Ontario or British Columbia;
(b) potatoes grown in and shipped from the Province of Nova Scotia, New Brunswick, Prince Edward Island, Quebec or Ontario; and
(c) blueberries grown in and shipped from the Province of Nova Scotia, New Brunswick or Prince Edward Island and packed in containers having a capacity of six litres or less.

9. Subsection 36(1.1) of the Regulations is replaced by the following:

(1.1) Subject to sections 36.1 and 36.2, in the case of produce, other than apples or potatoes, that is imported from the United States or shipped to Canada from another country through the United States, other than a lot that is bonded, the requirement of subparagraph 34(1)(a)(ii) shall be considered to be met where the produce meets the requirements of and the standards set out in subsections (3) to (10) and (14) to (16).

10. Section 61 of the Regulations is amended by adding the following after subsection (16):

(17) The owner or operator shall maintain in the registered establishment a file containing samples of all labels marked with the establishment registration number as shown in Schedule IV and shall, on the request of an inspector, submit the file to the inspector for inspection.

11. (1) Section 63 of the Regulations and the heading before it are replaced by the following:

Labelling

63. Every container of prepackaged produce conveyed interprovincially from a registered establishment shall have clearly marked and prominently displayed on its principal display panel

(a) the Canada Produce Legend as shown in Schedule III; or
(b) the establishment registration number as shown in Schedule IV.

(2) Section 63 of the Regulations, as enacted by subsection (1), is replaced by the following:

63. Every container of prepackaged produce conveyed interprovincially from a registered establishment shall have clearly marked and prominently displayed on its principal display panel the establishment registration number as shown in Schedule IV.

12. The portion of subsection 15(1) of Part I of Schedule I to the Regulations before paragraph (c) is replaced by the following:

15. (1) In the grading of apples into Canada Extra Fancy, Canada Fancy, Canada Commercial, Canada Hailed and Canada Commercial Cookers grades, the standards set out in sections 4 to 9, 12 and 14, as applicable, are considered to be met in the case of a lot of apples inspected at the time of shipping or repacking if up to

(a) 5% by count of the apples in the lot have a diameter that is less than 60 mm, or less than the minimum diameter set out in subparagraphs 4(1)(c)(iv) to (ix), corresponding to the applicable size range;
(b) 5% by count of the apples in the lot have a diameter that is greater than the maximum diameter, if any, set out in paragraph 4(1)(c), corresponding to the applicable size range;

13. (1) The portion of subsection 16(1) of Part I of Schedule I to the Regulations before paragraph (c) is replaced by the following:

16. (1) In the grading of apples into Canada Extra Fancy, Canada Fancy, Canada Commercial, Canada Hailed and Canada Commercial Cookers grades, the standards set out in sections 4 to 9, 12 and 14, as applicable, are considered to be met in the case of a lot of apples inspected at a time other than the time of shipping or repacking if up to

(a) 5% by count of the apples in the lot have a diameter that is less than 60 mm, or less than the minimum diameter set out in subparagraphs 4(1)(c)(iv) to (ix), corresponding to the applicable size range;
(b) 5% by count of the apples in the lot have a diameter that is greater than the maximum diameter, if any, set out in paragraph 4(1)(c), corresponding to the applicable size range;

(2) Subsection 16(1) of Part I of Schedule I to the Regulations is amended by adding the word "and" at the end of paragraph (d) and by replacing paragraphs (e) and (f) with the following:

(e) 15% by count of the apples in the lot have defects other than those referred to in paragraphs (a) to (d), including not more than

(i) 10% that are affected by other permanent defects, including not more than 5% that have the same permanent defect,
(ii) 10% that have the same condition defect other than decay, and
(iii) 4% that are affected by decay.

(3) Paragraphs 16(2)(a) to (d) of Part I of Schedule I to the Regulations are replaced by the following:
(a) 10% by count or by weight of the apples in the lot are affected by bitter-pit;
(b) in the case of apples graded Canada No. 1 Peelers, 12% by count or by weight of the apples in the lot are affected by defects other than bitter-pit, including not more than

(i) 7% that are affected by permanent defects, and
(ii) 4% that are affected by decay; and (c) in the case of apples graded Canada No. 2 Peelers, 15% by count or by weight of the apples in the lot are affected by defects other than bitter-pit, including not more than

(i) 10% that are affected by permanent defects, and
(ii) 4% that are affected by decay.

14. The portion of section 70 of Part I of Schedule I to the Regulations before paragraph (a) is replaced by the following:

70. In the grading of pears, the standards set out in sections 65 to 69, as applicable, are considered to be met in the case of a lot of pears inspected at the time of shipping or repacking if up to

15. (1) The portion of section 71 of Part I of Schedule I to the Regulations before paragraph (a) is replaced by the following:

71. In the grading of pears, the standards set out in sections 65 to 69, as applicable, are considered to be met in the case of a lot of pears inspected at a time other than the time of shipping or repacking if up to

(2) Section 71 of Part I of Schedule I to the Regulations is amended by adding the word "and" at the end of paragraph (c) and by replacing paragraphs (d) and (e) with the following:

(d) 15% by count of the pears in the lot have defects other than those referred to in paragraphs (a) to (c), including not more than

(i) 10% that are affected by other permanent defects, including not more than 5% that have the same permanent defect,
(ii) 10% that have the same condition defect other than decay, and
(iii) 5% that are affected by decay.

16. (1) The portion of section 14 of Part II of Schedule I to the Regulations before paragraph (a) is replaced by the following:

14. In the grading of beets, the standards set out in sections 11 to 13, as applicable, are considered to be met in the case of a lot of beets inspected at the time of shipping or repacking if up to

(2) Paragraph 14(b) of Part II of Schedule I to the Regulations is replaced by the following:

(b) 8% by weight of the beets in the lot exceed the maximum diameter set out in subparagraph 12(e)(i) or the diameter marked on the container or on the label attached to it; and

17. (1) The portion of section 15 of Part II of Schedule I to the Regulations before paragraph (a) is replaced by the following:

15. In the grading of beets, the standards set out in sections 11 to 13, as applicable, are considered to be met in the case of a lot of beets inspected at a time other than the time of shipping or repacking if up to

(2) Paragraphs 15(b) to (d) of Part II of Schedule I to the Regulations are replaced by the following:

(b) 8% by weight of the beets in the lot exceed the maximum diameter set out in subparagraph 12(e)(i) or the diameter marked on the container or on the label attached to it; and
(c) 11% by weight of the beets in the lot have defects other than those referred to in paragraphs (a) and (b), including not more than

(i) 6% that are affected by other permanent defects, and
(ii) 4% that are affected by decay.

18. (1) The portion of section 27 of Part II of Schedule I to the Regulations before paragraph (a) is replaced by the following:

27. In the grading of cabbage, the standards set out in sections 24 to 26, as applicable, are considered to be met in the case of a lot of cabbage inspected at the time of shipping or repacking if up to

(2) Paragraph 27(b) of Part II of Schedule I to the Regulations is replaced by the following:

(b) in the case of cabbage graded Canada No. 1, 10% of the containers in the lot contain heads whose diameters vary by more than the maximum diameter variation set out in paragraph 25(d).

19. Section 28 of Part II of Schedule I to the Regulations is replaced by the following:

28. In the grading of cabbage, the standards set out in sections 24 to 26, as applicable, are considered to be met in the case of a lot of cabbage inspected at a time other than the time of shipping or repacking if up to

(a) 15% by count of the cabbages in the lot have defects, including not more than

(i) 10% that are affected by permanent defects, including not more than 5% that have the same permanent defect,
(ii) 10% that have the same condition defect other than decay, and
(iii) 4% that are affected by decay; and (b) in the case of cabbage graded Canada No. 1, 10% of the containers in the lot contain heads whose diameters vary by more than the maximum diameter variation set out in paragraph 25(d).

20. The portion of section 34 of Part II of Schedule I to the Regulations before paragraph (a) is replaced by the following:

34. In the grading of carrots, the standards set out in sections 31 to 33, as applicable, are considered to be met in the case of a lot of carrots inspected at the time of shipping or repacking if up to 10% by weight of the carrots in the lot have defects, including not more than

21. (1) The portion of section 35 of Part II of Schedule I to the Regulations before paragraph (a) is replaced by the following:

35. In the grading of carrots, the standards set out in sections 31 to 33, as applicable, are considered to be met in the case of a lot of carrots inspected at a time other than the time of shipping or repacking if up to 15% by weight of the carrots in the lot have defects, including not more than

(2) Section 35 of Part II of Schedule I to the Regulations is amended by striking out the word "and" at the end of paragraph (d) and by replacing paragraph (e) with the following:

(e) 10% that have the same condition defect other than decay; and
(f) 4% that are affected by decay.

22. (1) The portion of section 77 of Part II of Schedule I to the Regulations before paragraph (a) is replaced by the following:

77. In the grading of onions, the standards set out in sections 73 to 76, as applicable, are considered to be met in the case of a lot of onions inspected at the time of shipping or repacking if up to

(2) Paragraph 77(e) of Part II of Schedule I to the Regulations is replaced by the following:

(e) 5% by weight of the onions in the lot have defects other than those referred to in paragraphs (a) to (d), including not more than 2% that are affected by decay.

23. (1) The portion of section 78 of Part II of Schedule I to the Regulations before paragraph (a) is replaced by the following:

78. In the grading of onions, the standards set out in sections 73 to 76, as applicable, are considered to be met in the case of a lot of onions inspected at a time other than the time of shipping or repacking if up to

(2) Section 78 of Part II of Schedule I to the Regulations is amended by adding the word "and" at the end of paragraph (d) and by replacing paragraphs (e) and (f) with the following:

(e) 10% by weight of the onions in the lot have defects other than those referred to in paragraphs (a) to (d), including not more than

(i) 5% that are affected by other permanent defects, and
(ii) 4% that are affected by decay.

24. The portion of section 84 of Part II of Schedule I to the Regulations before paragraph (a) is replaced by the following:

84. In the grading of parsnips, the standards set out in sections 81 to 83, as applicable, are considered to be met in the case of a lot of parsnips inspected at the time of shipping or repacking if up to

25. (1) The portion of section 85 of Part II of Schedule I to the Regulations before paragraph (a) is replaced by the following:

85. In the grading of parsnips, the standards set out in sections 81 to 83, as applicable, are considered to be met in the case of a lot of parsnips inspected at a time other than the time of shipping or repacking if up to

(2) Section 85 of Part II of Schedule I to the Regulations is amended by adding the word "and" at the end of paragraph (c) and by replacing paragraphs (d) and (e) with the following:

(d) 11% by weight of the parsnips in the lot have defects other than those referred to in paragraphs (a) to (c), including not more than

(i) 6% that are affected by other permanent defects, and
(ii) 4% that are affected by decay.

26. (1) The portion of subsection 91(1) of Part II of Schedule I to the Regulations before paragraph (a) is replaced by the following:

91. (1) In the grading of potatoes into Canada No. 1 grade, the standards set out in sections 88 and 89, as applicable, are considered to be met in the case of a lot of potatoes inspected at the time of shipping or repacking if up to

(2) The portion of subsection 91(2) of Part II of Schedule I to the Regulations before paragraph (a) is replaced by the following:

(2) In the grading of potatoes into Canada No. 2 grade, the standards set out in sections 88 and 90, as applicable, are considered to be met in the case of a lot of potatoes inspected at the time of shipping or repacking if up to

27. (1) The portion of subsection 92(1) of Part II of Schedule I to the Regulations before paragraph (a) is replaced by the following:

92. (1) In the grading of potatoes into Canada No. 1 grade, the standards set out in sections 88 and 89, as applicable, are considered to be met in the case of a lot of potatoes inspected at a time other than the time of shipping or repacking if up to

(2) Paragraph 92(1)(c) of Part II of Schedule I to the Regulations is amended by adding the word "and" at the end of subparagraph (iii) and by replacing subparagraphs (iv) and (v) with the following:

(iv) 10% that are affected by defects other than those referred to in subparagraphs (i) to (iii), including not more than

(A) 5% that are affected by other permanent defects, and
(B) 2% that are affected by decay.

(3) The portion of subsection 92(2) of Part II of Schedule I to the Regulations before paragraph (a) is replaced by the following:

(2) In the grading of potatoes into Canada No. 2 grade, the standards set out in sections 88 and 90, as applicable, are considered to be met in the case of a lot of potatoes inspected at the time of shipping or repacking if up to

(4) Paragraph 92(2)(b) of Part II of Schedule I to the Regulations is amended by adding the word "and" at the end of subparagraph (iii) and by replacing subparagraphs (iv) and (v) with the following:

(iv) 10% that are affected by defects other than those referred to in subparagraphs (i) to (iii), including not more than

(A) 5% that are affected by other permanent defects, and
(B) 2% that are affected by decay.

28. Section 93 of Part II of Schedule I to the Regulations and the heading before it are repealed.

29. Section 97 of Part II of Schedule I to the English version of the Regulations is amended by striking out the word "and" at the end of paragraph (a).

30. Section 98 of Part II of Schedule I to the Regulations is amended by adding the word "and" at the end of paragraph (b) and by replacing paragraphs (c) and (d) with the following:

(c) 15% by count of the rutabagas in the lot have defects other than those referred to in paragraphs (a) and (b), including not more than

(i) 10% that are affected by other permanent defects, and
(ii) 7% that are affected by decay.

31. Schedule III to the Regulations is repealed.

32. The Regulations are amended by adding, after Schedule III, the schedule set out in Schedule 1 to these Regulations.

Maple Products Regulations

33. The definition "contaminated" in section 2 of the Maple Products Regulations (see footnote 3)  is replaced by the following:

"contaminated", in respect of a maple product, means containing a chemical, drug, food additive, heavy metal, industrial pollutant, ingredient, medicament, microbe, pesticide, poison, toxin or any other substance not permitted by, or in an amount in excess of limits prescribed under, the Canadian Environmental Protection Act, 1999, the Food and Drugs Act or the Pest Control Products Act; (contaminé)

34. Section 3.1 of the Regulations is replaced by the following:

3.1 No person shall market a product in import, export or interprovincial trade in such a manner that it is likely to be mistaken for a maple product for which a grade or standard is established under these Regulations.

35. Subsections 3.2(2) to (4) of the Regulations are replaced by the following:

(2) No maple product that is adulterated or contaminated shall be mixed with a maple product that is not adulterated and not contaminated for the purpose of bringing the adulterated or contaminated maple product into compliance with the requirements of paragraphs (1)(a) to (e).

36. Paragraph 3.3(b) of the Regulations is replaced by the following:

(b) labelled with the words "animal food" and "aliments pour animaux";

37. Section 3.4 of the Regulations is repealed.

38. Subsection 6.2(2) of the English version of the Regulations is replaced by the following:

(2) A certificate of registration is not assignable or transferable.

Processed Egg Regulations

39. (1) Paragraph 21(2)(a) of the Processed Egg Regulations (see footnote 4)  is replaced by the following:

(a) weighs 20 kg or less and is not intended for sale in Canada;

(2) Paragraph 21(2)(c) of the Regulations is replaced by the following:

(c) weighs 100 kg or less and is intended for use in analysis, evaluation, testing or research or in a national or international food exhibition; or

Processed Products Regulations

40. (1) The definition "contaminated" in subsection 2(1) of the Processed Products Regulations (see footnote 5)  is replaced by the following:

"contaminated", in respect of a food product, means containing a chemical, drug, food additive, heavy metal, industrial pollutant, ingredient, medicament, microbe, pesticide, poison, toxin or any other substance not permitted by, or in an amount in excess of limits prescribed under, the Canadian Environmental Protection Act, 1999, the Food and Drugs Act or the Pest Control Products Act; (contaminé)

(2) Subsection 2(1) of the Regulations is amended by adding the following in alphabetical order:

"principal display panel" has the same meaning as in subsection 2(2) of the Consumer Packaging and Labelling Regulations; (espace principal)

"principal display surface" has the same meaning as in subsection 2(1) of the Consumer Packaging and Labelling Regulations; (principale surface exposée)

41. Subsections 2.1(2) and (3) of the Regulations are replaced by the following:

(2) No food product that is adulterated or contaminated shall be mixed with a food product that is not adulterated and not contaminated for the purpose of bringing the adulterated or contaminated food product into compliance with the requirements of paragraphs (1)(a) to (f).

42. Paragraph 2.2(b) of the Regulations is replaced by the following:

(b) labelled with the words "animal food" and "aliments pour animaux";

43. The portion of subsection 10(2) of the French version of the Regulations before paragraph (a) is replaced by the following:

(2) À une demande d'agrément doit être annexé un exemplaire de l'exposé sommaire du programme de salubrité de l'établissement, qui comprend les renseignements suivants :

44. Subparagraph 12(2)(a)(iii) of the Regulations is replaced by the following:

(iii) it is reasonable to believe that public health will be endangered if the establishment is allowed to continue operating; and

45. (1) Subparagraph 14(1)(k)(iv) of the French version of the Regulations is replaced by the following:
(iv) conçus et construits de façon qu'il n'y ait pas de contact entre les effluents d'origine humaine et tout autre déchet dans l'établissement,

(2) Subparagraph 14(1)(l)(i) of the French version of the Regulations is replaced by the following:

(i) fabriqué d'un matériau anticorrosion nettoyable et exempt de tout élément nocif,

46. Subsection 16(2) of the English version of the Regulations is replaced by the following:

(2) Every registered establishment shall be operated in accordance with the sanitation program referred to in subsection 10(2).

47. Subsection 17(4) of the French version of the Regulations is replaced by the following:

(4) Il est interdit d'utiliser du tabac sous quelque forme que ce soit, de mâcher de la gomme ou de consommer de la nourriture, sauf l'eau des fontaines, dans les aires de l'établissement agréé où des produits alimentaires sont préparés, emballés, marqués, entreposés ou manutentionnés de quelque autre façon.

48. Sections 18 and 19 of the Regulations are repealed.

49. Subsection 25(3) of the Regulations is replaced by the following:

(3) Containers of a size smaller than the smallest size specified in Table III to Schedule III may be used to pack the fruit juices, jams, jellies, marmalades, grape juice, concentrated grape juice, grape juice from concentrate, pickles, relishes, chutneys, olives, horseradish sauce and creamed horseradish set out in that Table if the containers bear the registered labels required by these Regulations.

50. Subparagraph 31(f)(ii) of the French version of the Regulations is replaced by the following:

(ii) soit en unités métriques et d'autres unités de mesure équivalentes, pourvu que l'indication en unités de mesure équivalentes ne soit pas plus en évidence;

51. (1) The portion of subsection 56(2) of the Regulations before paragraph (a) is replaced by the following:

(2) Subject to subsection (3) and section 57, no person shall export out of Canada any food product or any food product of a class for which standards have been established under these Regulations as set out in Schedule II or any vegetable soup, spaghetti in tomato sauce, horseradish sauce, creamed horseradish, infant food or junior food, unless the food product

(2) Subsection 56(3) of the French version of the Regulations is replaced by the following:

(3) Les paragraphes (1) et (2) ne s'appliquent pas à l'envoi de produits alimentaires qui, selon le cas :

a) a un poids d'au plus 20 kg;
b) fait partie des effets personnels d'un émigrant.

52. (1) The portion of subsection 59(2) of the Regulations before paragraph (a) is replaced by the following:

(2) Subject to subsection (3) and sections 59.2 and 59.3, no person shall convey from one province to another any food product or any food product of a class for which standards are prescribed in Schedule II or any vegetable soup, spaghetti in tomato sauce, horseradish sauce, creamed horseradish, infant food or junior food, unless the food product

(2) Paragraph 59(2)(b) of the Regulations is replaced by the following:

(b) complies with the standards, if any, prescribed for that food product in Schedule II;

53. Section 59.1 of the Regulations is repealed.

54. (1) The portion of subsection 60(2) of the Regulations before paragraph (b) is replaced by the following:

(2) Subject to subsection (3), no person shall import into Canada any food product or any food product of a class for which standards are prescribed in Schedule II or any vegetable soup, spaghetti in tomato sauce, horseradish sauce, creamed horseradish, infant food or junior food, unless the food product

(a) complies with the standards, if any, prescribed for that food product in Schedule II;

(2) Subsection 60(3) of the French version of the Regulations is replaced by the following:

(3) Sous réserve de l'article 65, les paragraphes (1) et (2) ne s'appliquent pas à l'envoi de produits alimentaires qui, selon le cas :

a) a un poids au plus 20 kg;
b) fait partie des effets personnels d'un immigrant;
c) est destiné à une foire nationale ou internationale et :

(i) pèse au plus 100 kg,
(ii) n'est pas destiné à la vente au Canada; d) est importé en provenance des États-Unis sur la réserve d'Akwesasne pour l'usage d'un résident d'Akwesasne;
e) fait partie d'un essai de mise en marché pour lequel une autorisation est accordée conformément au paragraphe 9.1(5).

55. Section 61 of the French version of the Regulations is replaced by the following:

61. Lorsque le produit alimentaire importé au Canada est marqué de l'un des noms de catégorie suivants : « catégorie de fantaisie », « catégorie de choix » ou « catégorie régulière », le produit doit satisfaire aux normes établies dans le présent règlement pour la catégorie en cause.

56. Section 62 of the Regulations is repealed.

57. Paragraph 69(1)(b) of the French version of the Regulations is replaced by the following:

b) au propriétaire du produit alimentaire ou de l'objet ainsi saisi, ou à son mandataire;

58. Paragraph 73(1)(b) of the French version of the Regulations is replaced by the following:

b) le produit alimentaire qui est incomestible :

(i) soit est vendu pour être conditionné en tant qu'aliment pour animaux ou produit non alimentaire, auquel cas le produit de la vente est versé au compte du receveur général,
(ii) soit fait l'objet d'une mesure de disposition, notamment l'élimination;

59. Paragraph 73.1(b) of the French version of the Regulations is replaced by the following:

b) le produit alimentaire qui est incomestible :

(i) soit est vendu pour être conditionné en tant qu'aliment pour animaux ou produit non alimentaire, auquel cas le produit de la vente est versé au compte du receveur général,
(ii) soit fait l'objet d'une mesure de disposition, notamment l'élimination.

60. Section 17 of Table I of Schedule I to the Regulations and the heading before it are repealed.

61. Section 34 of Table I of Schedule I to the Regulations and the heading before it are repealed.

62. Section 56 of Table I of Schedule I to the Regulations and the heading before it are repealed.

63. Section 62 of Table I of Schedule I to the Regulations and the heading before it are repealed.

64. Section 10 of Table II of Schedule I to the Regulations and the heading before it are repealed.

65. The definition "jus d'orange concentré pour transformation" in subsection 27.2(7) of Table II of Schedule I to the French version of the Regulations is replaced by the following:

« jus d'orange concentré pour transformation » Produit ayant une valeur Brix d'au moins 20, emballé dans des contenants de vrac, qui est préparé par concentration du jus non fermenté d'oranges propres, saines, mûres et douces de l'espèce Citrus sinensis, et dont jusqu'à 10 % des extraits solides solubles totaux peuvent être obtenus de l'espèce Citrus reticulata ou d'hybrides de toute espèce d'oranges et jusqu'à 5 % des extraits solides solubles obtenus de l'espèce Citrus aurantium. (concentrated orange juice for manufacturing)

66. Section 5 of Schedule II to the Regulations and the heading before it are repealed.

67. Section 8 of Schedule II to the Regulations and the heading before it are repealed.

68. The portion of item (20) of Table III of Schedule III to the Regulations in column I is replaced by the following:

article	I Products
(20)	Horseradish Sauce, Creamed Horseradish

69. Item (23) of Table III of Schedule III to the Regulations is repealed.

70. Subsection 3(2) of Schedule V to the English version of the Regulations is replaced by the following:

(2) Each of the grade declarations illustrated in subsection (1) may be arranged in such a manner that the word "GRADE" is directly beneath the word "FANCY", "CHOICE" or "STANDARD", or so that the letter "A", "B" or "C" appears directly beneath the word "GRADE", as the case may be, rather than beside that word.

Licensing and Arbitration Regulations

71. (1) Paragraph 3(3)(l) of the Licensing and Arbitration Regulations (see footnote 6)  is repealed.

(2) Subsection 3(6) of the Regulations is repealed.

FERTILIZERS ACT

Fertilizers Regulations

72. (1) Paragraph (a) of the definition "specialty fertilizer" in subsection 2(1) of the Fertilizer Regulations (see footnote 7)  is replaced by the following:

(a) recommended for use only on household plants, urban gardens, lawns or golf courses or in nurseries or greenhouses, or

(2) Subsection 2(1) of the Regulations is amended by adding the following in alphabetical order:

"farm fertilizer" includes any fertilizer other than a specialty fertilizer; (engrais agricole)

73. Paragraph 3.1(3)(b) of the Regulations is replaced by the following:

(b) farm fertilizers that do not contain pesticides and that satisfy section 10;

74. Subsection 10(1) of the Regulations is replaced by the following:

10. The major plant nutrients present in every mixed fertilizer containing nitrogen, phosphorous or potassium shall be not less than 24% of the total content of the fertilizer, except if the mixed fertilizer is

(a) a customer-formula fertilizer;
(b) a specialty fertilizer;
(c) a fertilizer the ingredients of which contain

(i) at least 50% that is of animal or vegetable origin and that supplies 25% of the nitrogen in the mixture in a water-insoluble form, and
(ii) at least 18% that is of major plant nutrients combined; or (d) a product registered under the Act.

75. Paragraph 11(1)(b) of the Regulations is replaced by the following:

(b) any substance that would, when applied in amounts commonly used or as specified in the directions for use, leave in the tissues of a plant a residue of a poisonous or harmful substance.

76. Schedule II to the Regulations is replaced by the following:

SCHEDULE II
(Paragraph 3.1(3)(a) and sections 12 and 20)

NAMES AND STANDARDS OF FERTILIZERS AND SUPPLEMENTS

Item	Column 1 Composition	Column 2 Designated Names
	CLASS 1:
	NITROGEN PRODUCTS
1.1	Ammonium salt of nitric acid containing not less than 33% nitrogen, 1/2 of which is in the ammonium form and 1/2 in the nitrate form	Ammonium nitrate (Specify grade.)
1.2	Ammonium salt of sulphuric acid containing not less than 20% nitrogen	Ammonium sulphate (Specify grade.)
1.3	Double salt of ammonium sulphate and ammonium nitrate present in equal molecular proportions containing not less than 26% nitrogen, 1/4 of which is in the nitrate form and 3/4 in the ammonium form	Ammonium sulphate-nitrate (Specify grade.)
1.4	Ammonia gas compressed to liquid form containing not less than 82% nitrogen	Anhydrous ammonia (Specify grade.)
1.5	Calcium salt of nitric acid containing not less than 15% nitrogen	Calcium nitrate or nitrate of lime (Specify grade.)
1.6	Sodium salt of nitric acid containing not less than 16% nitrogen	Sodium nitrate or nitrate of soda (Specify grade.)
1.7	Sodium and potassium salts of nitric acid containing not less than 15% nitrogen and 10% potash	Sodium and potassium nitrate or nitrate of soda and potash (Specify grade.)
1.8	Non-pressurized solutions represented for topical application to soils or plants, consisting of ammonia, urea and ammonium nitrate, or a mixture of these, containing not less than 20% nitrogen, of which the free ammonia gas content in the solution does not form a part of the guarantee or exceed 10,000 parts per million	Nitrogen solutions (non-pressurized) (Specify grade.)
1.9	Pressurized solutions represented for soil incorporation consisting of ammonia, urea and ammonium nitrate, or a mixture thereof, containing not less than 20% nitrogen	Nitrogen solutions (pressurized) (Specify grade.)
1.10	A product consisting of ammonia and water containing not less than 20% nitrogen	Aqua ammonia or ammonia liquor (Specify grade.)
1.11	Collected blood of slaughtered animals, dried and ground, containing not less than 12% nitrogen	Blood meal (Specify grade.)
1.12	A product consisting principally of calcium cyanamide (CaNCN) and carbon containing not less than 20% nitrogen	Cyanamide (Specify grade.)
1.13	Fish tissue, bone and waste heated under live steam, dried and ground	Fish meal or fish scrap (Specify grade.)
1.14	The rendered, dried, ground and screened organic product derived from waste household food materials	Garbage tankage (Specify grade.)
1.15	Processed, dried, ground hoofs and horns, ground to a fineness whereby at least 40% passes through a sieve having openings that are square and are each 0.149 mm (100 mesh TYLER screen) in width	Hoof and horn meal (Specify grade.)
1.16	Dried and ground excreta of birds or other animals with or without litter, containing not less than 50% organic matter and designated as to kind and condition	Manure (Specify grade.)
1.17	Slaughterhouse refuse and offal mixed with straw or other organic absorbent, containing not less than 60% organic matter	Paunch manure (Specify grade.)
1.18	Compost produced using the organic matter fraction of the excreta of animals or birds, with or without litter. The compost may use as little as 60% manure and as much as 40% of a carbon source, if the ratio reflects the need for a carbon source when composting the manure, and if the carbon source includes only materials that may be used as litter, such as straw, hay, bark, sawdust, wood chips, shavings, leaves, grass, wood chunks (such as branches and leaves), tree clippings and plant residues but not including treated wood or materials that have been chemically or biologically contaminated.	Composted manure (Specify grade.)
1.19	Products made from sewage, freed from grit and coarse solids, that are dried, ground and screened	Processed sewage (Specify grade.)
1.20	The rendered, dried and ground product from animal tissue and residue	Tankage (Specify grade.)
1.21	The commercial synthetic acid amide of carbonic acid containing not less than 45% nitrogen	Urea (Specify grade.)
1.22	The reaction product of urea and formaldehyde containing not more than 34% nitrogen of which 60% is in a water-insoluble form and tests not less than 40% active by the nitrogen activity index for urea-formaldehyde compounds	Urea-formaldehyde (Specify grade.)
1.23	The reaction product of urea and formaldehyde containing not less than 35% nitrogen of which at least 60% is in a water-insoluble form and tests not less than 40% active by the nitrogen activity index for urea-formaldehyde compounds	Urea-form (Specify grade.)
1.24	The condensation product of isobutyraldehyde and urea containing at least 31% nitrogen of which at least 90% is, before grinding, in a water-insoluble form	Isobutylidene diurea or I.B.D.U. (Specify grade.)
1.25	A commercial product principally of the formula (NH4)2S2O3 that contains not less than 12% nitrogen and 26% sulphur	Ammonium thiosulphate (Specify grade.)
1.26	A water-soluble condensation product resulting from the reaction of two molecules of formaldehyde with three molecules of urea, with the elimination of two molecules of water. It has a minimum nitrogen content of 41% and is a source of slowly available nitrogen.	Dimethylenetriurea or DMTU (Specify grade.)
1.27	A product manufactured from feathers by treatment with steam under pressure.The addition of 0.5% sulphuric acid facilitates the hydrolysis at lower temperatures. The nitrogen content ranges from 11 to 14%.	Hydrolysed feather meal (Specify grade.)
1.28	A water-soluble condensation product resulting from the reaction of one molecule of formaldehyde with two molecules of urea, with the elimination of one molecule of water. It has a minimum nitrogen content of 42% and is a source of slowly available nitrogen.	Methylenediurea or MDU (Specify grade.)
1.29	The ground residues of soybeans from which oil has been extracted and which contain not less than 6% nitrogen	Soybean meal (Specify grade.)
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). It may contain about 30 to 40% nitrogen and 10 to 30% sulphur.	Sulphur coated urea (Specify grade.)
1.31	A water-soluble compound of formula C2H7N3O that contains at least 41% nitrogen (CAS No. 7098-14-6; 1,3,5-triazin-2-one, tetrahydro-S-triazone)	Triazone (Specify grade.)
1.32	A stable solution resulting from a controlled reaction in an aqueous medium of urea, formaldehyde, and ammonia that contains at least 25% nitrogen. The solution shall contain no more than 40% and not less than 5% nitrogen from unreacted urea and not less than 40% from triazone. All other nitrogen shall be derived from water-soluble, dissolved reaction products of the above reactants. Urea-triazone solution is a source of slowly available nitrogen.	Urea-triazone solution (Specify grade.)
	CLASS 2:
	PHOSPHORUS PRODUCTS
2.1	A product obtained when superphosphate is treated with ammonia or with solutions that contain ammonia and other compounds of nitrogen	Ammoniated superphosphate (Specify grade.)
2.2	A product obtained when phosphoric acid (H3PO4) is treated with ammonia, which product consists principally of mono-ammonium phosphate, di-ammonium phosphate or a mixture of those two salts	Ammonia phosphate (Specify grade.)
2.3	A product obtained when a mixture of phosphoric acid (H3PO4) and sulphuric acid is treated with ammonia, which product consists principally of a mixture of ammonium phosphate and ammonium sulphate	Ammonium phosphate-sulphate (Specify grade.)
2.4	A by-product in the manufacture of steel in blast furnaces containing not less than 14% available phosphoric acid and 16% total phosphoric acid ground to a fineness whereby at least 80% passes through a sieve having openings that are square and are each 0.149 mm (100 mesh TYLER screen) in width	Basic slag (Specify grade.)
2.5	Blood and bone, from animals, processed by wet or dry rendering with or without solvents, dried and ground; it shall contain not less than 6% nitrogen, 5% available phosphoric acid and 11% total phosphoric acid.	Blood and Bone meal (Specify grade.)
2.6	A manufactured product consisting of di-calcic salt of phosphoric acid	Dicalcium phosphate (Specify grade.)
2.7	A product of a mine containing not less than 25% total phosphoric acid, ground to a fineness whereby a least 80% passes through a sieve having openings that are square and are each 0.149 mm (100 mesh TYLER screen) in width	Natural rock p hosphate (Specify grade.)
2.8	A product obtained when natural rock phosphate is treated with sulphuric acid, phosphoric acid (H3PO4) or a mixture of both acids, which product contains not less than 18% available phosphoric acid	Superphosphate (Specify grade.)
2.9	Ground bone or bone meal that has been treated with sulphuric acid	Acidulated bone (Specify grade.)
2.10	Animal bones that are treated under live steam and are dried and ground to a fineness of whereby at least 40% passes through a sieve having openings that are square and are 0.149 mm (100 mesh TYLER screen) in width	Bone meal (Specify grade.)
2.11	A product consisting mainly of dicalcium phosphate obtained by neutralizing, with calcium hydroxide, the acid solution of either phosphate rock or processed bone	Precipitated phosphate (Specify grade.)
	CLASS 3:
	POTASSIUM PRODUCTS
3.1	Potassium salt containing not less than 48% soluble potash principally as chlorides	Muriate of potash (Specify grade.)
3.2	Potassium salt of nitric acid containing not less than 12% nitrogen and 44% soluble potash	Nitrate of potash or potassium nitrate (Specify grade.)
3.3	Natural potassium salts containing not less than 20% soluble potash principally as chlorides	Potash manure salts (Specify grade.)
3.4	Potassium salt containing not less than 48% soluble potash principally as sulphates and not more than 2.5% chlorine	Sulphate of potash (Specify grade.)
3.5	Potassium salt containing not less than 20% soluble potash principally as sulphates and not less than 25% sulphate of magnesium and not more than 2.5% chlorine	Sulphate of potash-magnesia ( Specify grade.)
3.6	A commercial product containing not less than 21% soluble potash (K2O), not less than 53% sulphate of magnesia and not more than 2.5% chlorine	Double sulphate of potash and magnesia or langbeinite (Specify grade.)
	CLASS 4:
	CALCIUM AND MAGNESIUM PRODUCTS
4.1	A mineral product that consists principally of calcium sulphate with combined water (CaSO4.2H2O) and that is incapable of neutralizing soil acidity. It shall contain not less than 70% CaSO4.2H2O.	Gypsum, landplaster or crude calcium sulphate
4.2	A product that consists principally of MgSO4, with or without combined water. For example, epsom salts (MgSO4.7H2O), kieserite (MgSO4.H2O) and calcined kieserite (MgSO4).	Magnesium sulphate
	CLASS 5:
	SUPPLEMENT
5.1	A solid mature product resulting from composting, which is a managed process of bio-oxidation of a solid heterogeneous organic substrate, including a thermophilic phase. This product may be designated as to kind.	Compost
5.2	A volcanic glass that has been finely ground and heated to cause expansion.	Perlite
5.3	A product (3MgO.Fe2Al2O3.3SiO2) that is produced when vermiculite ore (a magnesium mica) is heated and expands to many times its original volume. Exfoliate vermiculite weighs from 0.12 to 0.38 kg/L.	Vermiculite
5.4	Homogeneous and friable mixtures of partly decomposed organic matter with or without earth	Humus or leaf mould
5.5	Partly decayed vegetable matter of natural occurrence accumulated in water	Peat

77. Schedule III to the Regulations is replaced by the schedule set out in Schedule 2 to these Regulations.

78. Schedule IV to the Regulations is replaced by the schedule set out in Schedule 3 to these Regulations.

FOOD AND DRUGS ACT

Food and Drug Regulations

79. Subsection B.14.018(1) of the Food and Drug Regulations (see footnote 8)  is replaced by the following:

B.14.018 (1) Subject to subsection (2), if a carcass of beef or veal, or a portion of a carcass of beef or veal that weighs 7 kg or more, is advertised for sale, the advertisement shall indicate

(a) in the case of a carcass other than an imported carcass, the grade that was assigned to the carcass by a grading authority established under the Canada Agricultural Products Act or a provincial law;
(b) in the case of an imported beef carcass, the grade that was assigned to the carcass by a grading authority established under the Canada Agricultural Products Act or a provincial law or the grade that was assigned to the carcass by a grading authority established under the laws of the country from which the carcass was imported;
(c) in the case of an imported veal carcass, the grade that was assigned to the carcass by a grading authority established under the laws of the country from which the carcass was imported; and
(d) in the case of a beef carcass, the yield class, if any, that was assigned to the carcass by a grading authority established under the Canada Agricultural Products Act.

HEALTH OF ANIMALS ACT

Health of Animals Regulations

80. Subsection 105(3) of the Health of Animals Regulations (see footnote 9)  is replaced by the following:

(3) Every owner or person in charge of a container from which animal manure, aircraft garbage or ship's refuse, as those terms are defined in subsection 47.1(1), has been discharged under section 47.1 shall clean and disinfect it before it is used again.

MEAT INSPECTION ACT

Meat Inspection Regulations, 1990

81. The definitions "denature" and "edible" in subsection 2(1) of the Meat Inspection Regulations, 1990 (see footnote 10)  are replaced by the following:

"denature" means to treat a meat product to give it an appearance or characteristic such that it cannot be confused with an edible meat product; (dénaturer)

"edible" means, in respect of a meat product, a meat product that is fit for use as human food; (comestible)

82. (1) Subsection 3(1) of the Regulations is amended by adding the following after paragraph (d):

(d.1) feed, as defined in subsection 2(1) of the Feeds Regulations, 1983;

(2) Paragraph 3(1)(f) of the Regulations is replaced by the following:

(f) a carcass of a game animal, or a part of a carcass of a game animal, that is intended to be used for non-commercial purposes;

(3) Paragraph 3(1)(j) of the Regulations is replaced by the following:

(j) animal skins not intended for use as human or animal food, hooves, horns, antlers, feathers, hair, wool and pharmaceuticals containing products of animal origin; and

83. Section 18 of the Regulations is amended by adding the following after subsection (2):

(3) Subsection (1) does not apply in respect of a prepared meat product that contains pork that was found, using an official method of examination registered with the Director, to be free of trichinae.

84. Subsection 27(4) of the Regulations is replaced by the following:

(4) The registration of an establishment for an activity set out in subsection (1)

(a) shall lapse if the activity is not carried out in the establishment for a period of 12 consecutive months; and
(b) may be cancelled at the request of the registrant if no activity is carried out in the establishment and there is no licence to operate the establishment.

85. Paragraph 28(1)(c) of the Regulations is replaced by the following:

(c) be constructed of material that is suitable for the purpose for which it is to be used and is durable and free of any noxious constituent;

86. Subsection 29(4) of the Regulations is replaced by the following:

(4) There shall not be more than one operator for a registered establishment at any time, but for the purposes of section 94, an operator may use any business name listed under the operator's name in the Agency's Register of Operators.

(4.1) A licence to operate a registered establishment is valid for one year or any shorter period that may be specified in the Agency's Register of Operators.

87. Paragraph 93(4)(a) of the Regulations is replaced by the following:

(a) where placed on a label, shall have no transverse measurement through the centre of the legend of less than 10 mm; and

88. (1) Subsection 94(3) of the Regulations is replaced by the following:

(3) The label of any meat product identified as edible, for use for medicinal purposes or for use as animal food shall indicate if the meat product should be kept refrigerated or kept frozen, except if the meat product

(a) is packaged in a hermetically sealed container and treated to achieve commercial sterility;
(b) is dried to attain a water activity of 0.85 or less;
(c) has a pH of 4.6 or lower;
(d) is packaged in salt or a saturated salt solution;
(e) is fermented and has a pH of 5.3 or less, and a water activity of 0.90 or less, at the end of the fermentation within the time set out in the Manual of Procedures; or
(f) has been subjected to a treatment, approved by the Director, that ensures the stability of the meat product when it is stored at normal room temperature.

(2) Subsection 94(10) of the Regulations is repealed.

89. Subsection 95(3) of the Regulations is replaced by the following:

(3) All meat products shall be labelled with the production date or with a code identifying the production lot.

90. Section 96 of the Regulations is replaced by the following:

96. (1) Subject to subsections (2) to (4), the information required by section 94 to be included on the label of a meat product shall be shown on the principal display panel.

(2) The information required by subparagraphs 94(1)(a)(iii) to (v) and (vii) may be shown on a panel other than the principal display panel.

(3) The information required by subparagraph 94(1)(a)(vii) may be shown on that part of the label that is applied to the bottom of the container if a clear indication of the location of the required information appears elsewhere on the label.

(4) In the case of a bulk container sealed with a tamper-evident seal, the meat inspection legend required by subparagraph 94(1)(b)(iv) may be shown on the seal and, if it is shown on the seal, may be shown on a panel other than the principal display panel.

91. Section 102 of the Regulations is amended by adding the following after subsection (2):

(3) If a metric unit is used to show the net quantity in the declaration of net quantity of a meat product, a net quantity of less than one metric unit shall be shown using

(a) the decimal system with the numeral zero before the decimal point; or
(b) words.

92. Section 104 of the Regulations is replaced by the following:

104. If a declaration of net quantity shown in metric units is in the decimal system, it shall be shown to three decimal places, except that if the net quantity is less than 100 g or 100 mL, it may be shown to two decimal places and, in either case, any final zero occurring to the right of the decimal point need not be shown.

93. Section 105 of the Regulations is repealed.

94. Section 106 of the Regulations is replaced by the following:

106. (1) Subject to subsection (2), where the declaration of net quantity of a meat product is shown in metric units, the metric units shall be in

(a) millilitres, where the net volume of the product is less than 1 000 mL, except that 500 mL may be shown as being one-half L or 0.5 L;
(b) litres, where the net volume is 1 000 mL or more;
(c) grams, where the net weight is less than 1 000 g, except that 500 g may be shown as being one-half kg or 0.5 kg; and
(d) kilograms, where the net weight is 1 000 g or more.

(2) The declaration of net quantity of a prepackaged random-weight meat product shown in metric units may be in grams or a decimal fraction of a kilogram, where the net weight is less than 1 000 g.

95. Section 116 of the Regulations is replaced by the following:

116. (1) For the purpose of section 5 of the Act, inspectors and operators are authorized to apply the meat inspection legend to meat products and to reproduce or otherwise use the meat inspection legend with respect to meat products.

(2) For the purpose of section 5 of the Act, the following persons are authorized to reproduce the meat inspection legend or to advertise or sell, or to have in their possession for any of those purposes, a label or other material that shows the meat inspection legend:

(a) printers of labels and manufacturers of containers, if they deliver the labels and containers bearing the meat inspection legend to the operators who are authorized to use them;
(b) publishers of material on the subject of meat inspection;
(c) publishers of material advertising meat products produced in registered establishments; and
(d) printers of official export labels and manufacturers of meat inspection legend stamps, if they deliver the stickers and stamps directly to an Executive Director, Operations, of the Agency.

96. Paragraph 123(b) of the Regulations is repealed.

97. The portion of item 8 of Schedule I to the Regulations in column II is replaced by the following:

article	Column II
Item	Meat Product Ingredient *Mandatory +Optional
8.	Coarsely cut, pre-cooked boneless beef or a mixture of coarsely cut, pre-cooked boneless beef and fresh boneless beef*

PLANT PROTECTION ACT

Plant Protection Regulations

98. The portion of the definition "pest risk assessment" in section 2 of the Plant Protection Regulations (see footnote 11)  before paragraph (a) is replaced by the following:

"pest risk assessment" means a pest risk assessment conducted by the Minister in accordance with the principles of the International Standards for Phytosanitary Measures, Part I — Import Regulations, Guidelines for Pest Risk Analysis, published by the Food and Agriculture Organization of the United Nations, as amended from time to time, with the definition "pest" in those guidelines being replaced by the definition "pest" in section 3 of the Act, for the purpose of

99. Subsections 41(2) to (5) of the Regulations are replaced by the following:

(2) Any thing referred to in subsection (1) shall be packaged in a container in such a manner as to prevent the thing from becoming infested or spreading a pest or a biological obstacle to the control of a pest.

SEEDS ACT

Seeds Regulations

100. (1) The definitions "officially-recognized sample", "officially-recognized test" and "Registrar" in subsection 2(2) of the Seeds Regulations (see footnote 12)  are replaced by the following:

"officially-recognized sample" means a sample of seed that has been

(a) drawn by or under the supervision of a licensed sampler and prepared by a licensed sampler according to recognized standard methods, or
(b) drawn and prepared according to recognized standard methods by an individual accredited to do so by

(i) an official certifying agency, or
(ii) a seed testing laboratory accredited by the International Seed Testing Association to test seed; (échantillon reconnu officiellement)

"officially-recognized test" means a test that is performed according to recognized standard methods on an officially-recognized sample in an officially-recognized laboratory or, in the case of determinations of impurities in the kinds or species set out in Tables I to VI of Schedule I or seeds of similar size, an accredited grader; (essai reconnu officiellement)

"Registrar" means the person designated by the President to accredit graders or license samplers; (registraire)

(2) Subsection 2(2) of the Regulations is amended by adding the following in alphabetical order:

"licensed sampler" means an individual licensed under subsection 13.1(2.1) to sample seed; (échantillonneur agréé)

101. The portion of subsection 6(2) of the Regulations before paragraph (a) is replaced by the following:

(2) Seed of a kind or species not set out in Schedule I shall meet the minimum weed seed and other crop seed standards set out in the following Tables of Schedule I:

102. Subsection 7(1) of the Regulations is amended by adding the following after paragraph (a):

(a.1) the seed shall have been subject to appropriate mixing, blending and processing techniques so that it is as uniform as practicable;

103. Subsection 10(3) of the Regulations is replaced by the following:

(3) No person shall use a variety name, or allow a variety name to be used, on any label or package of seed of a kind or species set out in Schedule II or in any invoice, circular or advertising related to seed of that kind or species unless

(a) except as provided in subsection (4), the seed is graded with a Canada pedigreed grade name and labelled under sections 32 to 37 when sold;
(b) in the case of a mixture or varietal blend,

(i) the mixture or varietal blend was made by an approved conditioner registered under Part IV and all of the seed named as to variety is of pedigreed status; or
(ii) if the mixture or varietal blend is imported, the seed is accompanied at the time of importation by a certificate of an official certifying agency confirming that all of the seed named as to variety is of pedigreed status; or (c) the seed is of a vegetable-type variety.

(4) Seed of a kind set out in Schedule II may be sold by variety name for the purpose of conditioning if the seed is of pedigreed status and

(a) if the seed is not in fastened packages, the seed is accompanied by the grower's declaration referred to in paragraph 13(1)(c) and the seed moves

(i) directly from the grower of the seed to an approved conditioner registered under Part IV, or
(ii) between approved conditioners registered under Part IV; or (b) if the seed is in fastened packages, a pedigreed status tag is attached to each package.

(5) Seed loses its pedigreed status when

(a) sealed packages are opened elsewhere than in an approved conditioner registered under Part IV;
(b) the seed moves in unsealed packages to a place that is neither an approved conditioner nor a bulk storage facility registered under Part IV;
(c) the Association withdraws the crop certificate that was issued for the crop from which the seed is derived; or
(d) the seed has been contaminated such that it does not meet the standards for varietal purity established by the Association.

104. Subparagraph 11(1)(b)(ii) of the Regulations is replaced by the following:

(ii) in the case of determinations of impurities in the kinds or species set out in Tables I to VI of Schedule I or seeds of a similar size, an accredited grader,

105. The portion of subsection 12(3) of the Regulations before paragraph (a) is replaced by the following:

(3) A working sample for determination of impurities shall be

106. The heading before section 13.1 of the Regulations is replaced by the following:

Samplers and Graders

107. (1) The portion of subsection 13.1(1) of the Regulations before paragraph (a) is replaced by the following:

13.1 (1) Any person who wishes to be accredited as a grader or licensed as a sampler shall

(2) The portion of paragraph 13.1(1)(a) of the English version of the Regulations before subparagraph (i) is replaced by the following:

(a) apply for the accreditation or the licence in writing to

(3) Paragraph 13.1(1)(c) of the Regulations is replaced by the following:

(c) where the individual wishes to be licensed to sample seed, submit to an evaluation that is set by the Registrar and that measures the individual's ability to so sample;
(c.1) where the individual wishes to be accredited to retrieve, identify, classify and report weed seeds and other impurities from officially-recognized samples, submit to an evaluation that is set by the Registrar and that measures the individual's ability to so retrieve, identify, classify and report;
(c.2) where the individual wishes to be accredited to grade seed, submit to an evaluation that is set by the Registrar and that measures the individual's ability to grade seed; and

(4) Subsection 13.1(2) of the Regulations is replaced by the following:

(2) The Registrar shall accredit an individual as a grader for a period ending on December 31 of the following year, and issue a certificate certifying that the individual is an accredited grader,

(a) on the recommendation of a conformity verification body; or
(b) if there is no conformity verification body, on payment of the applicable fee set out in the Canadian Food Inspection Agency Fees Notice and the individual having obtained a mark of at least 80% on the evaluation referred to in paragraph (1)(b) and at least 80% on the applicable evaluation referred to in paragraph (1)(c.1), (c.2) or (d).

(2.1) The Registrar shall issue to an individual a licence to sample seed, for a period ending on December 31 of the following year,

(a) on the recommendation of a conformity verification body; or
(b) if there is no conformity verification body, on payment of the applicable fee set out in the Canadian Food Inspection Agency Fees Notice and the individual having obtained a mark of at least 80% on the evaluation referred to in paragraph (1)(b) and at least 80% on the evaluation referred to in paragraph (1)(c).

(5) Subsections 13.1(5) and (6) of the Regulations are replaced by the following:

(5) Unless the accreditation of a grader or the licence of a sampler has been suspended or cancelled under section 13.2, and subject to subsection 13.2(7), the Registrar shall annually renew the accreditation or the licence, either on the recommendation of a conformity verification body or, if there is no conformity verification body, on payment of the applicable annual fee set out in the Canadian Food Inspection Agency Fees Notice before January 1 of the year in respect of which the accreditation or licence is to be renewed.

(6) The accreditation of a person as a grader or sampler is limited to those activities referred to in paragraphs (1)(b) to (d) for which the person has been evaluated and is qualified.

108. (1) Subsections 13.2(1) to (7) of the Regulations are replaced by the following:

13.2 (1) Subject to subsections (2) and (4), the Registrar shall suspend the accreditation of a grader or the licence of a sampler if

(a) false or misleading information has been submitted in support of the application for the accreditation or licence; or
(b) the grader or sampler does not comply with a provision of the Act, the Canada Agricultural Products Act or these Regulations.

(2) The Registrar shall not suspend the accreditation of a grader or the licence of a sampler if, before the grader or sampler is heard under paragraph (4)(b), the grader or sampler takes corrective measures and an inspector verifies that those measures have been taken.

(3) Subject to subsections (4) and (5), the Registrar shall cancel the accreditation of a grader or the licence of a sampler if

(a) the grader or sampler does not pay the applicable annual fee before January 1 of the year in respect of which the accreditation or licence is to be renewed;
(b) in the case of a grader, the grader maintains any false or misleading records or samples in respect of any seed that the grader has graded, or the grader falsely represents any seed to be of pedigreed status;
(c) in the case of a sampler, the sampler maintains any false or misleading records or samples in respect of any seed that the sampler has sampled;
(d) the grader or sampler provides false or misleading information to an inspector;
(e) the accreditation of the grader or the licence of the sampler has been suspended three times within a 24-month period; or
(f) the suspension of the accreditation or licence has been in effect for one year and the grader or sampler has not yet implemented corrective measures.

(4) The Registrar shall not suspend or cancel the accreditation of a grader or the licence of a sampler unless

(a) an inspector has provided the grader or sampler with a written report setting out the reasons for the suspension or cancellation;
(b) the Registrar has given the grader or sampler an opportunity to be heard, either by written or oral representations, in respect of the suspension or cancellation; and
(c) the Registrar has sent a notice of suspension or cancellation of the accreditation or licence to the grader or sampler.

(5) The Registrar shall not cancel the accreditation of a grader or the licence of a sampler for a reason set out in any of paragraphs (3)(a) to (d) if

(a) the grader or sampler establishes that the basis for the cancellation was the result of an error and the grader or sampler took precautions and exercised due diligence to prevent the occurrence of the error;
(b) the grader or sampler undertakes to notify persons likely to be affected by the error by placing an announcement in such media, and within such time, not exceeding 30 days, as the Registrar indicates; and
(c) an inspector verifies that the announcement referred to in paragraph (b) was made within the time indicated by the Registrar.

(6) A suspension of an accreditation or licence remains in effect until

(a) an inspector verifies that the grader or sampler has taken corrective measures; and
(b) the Registrar notifies the grader or sampler in writing that the suspension is lifted.

(7) The Registrar shall not renew the accreditation of a grader whose accreditation has been suspended three times, or the licence of a sampler whose licence has been suspended three times, unless after the third suspension the grader or sampler has successfully completed the applicable evaluations referred to in subsection 13.1(1).

(2) Subsection 13.2(9) of the Regulations is replaced by the following:

(9) If an individual's accreditation as a grader or licence as a sampler has been cancelled for a reason set out in any of paragraphs (3)(b) to (e), the Registrar shall not accept an application from the individual to be accredited or licensed again unless 24 months have gone by since the cancellation and the individual satisfies the conditions set out in subsections 13.1(1) to (2.1).

109. Paragraph 34(5)(b) of the Regulations is replaced by the following:

(b) the Canada pedigreed grade name appears on a document that accompanies each sale of the seed and that bears the name of the person selling the seed and the accredited grader number of the person who graded the seed.

110. Section 40 of the Regulations is amended by adding the following after subsection (6):

(7) If seed has been imported into Canada by an authorized importer under subsection (6), it shall be kept separate and intact in the original containers until a notice of release has been completed by an individual accredited under section 13.1 to evaluate imported seed and accompanying documents for conformity with these Regulations or the seed has been tested and found to be in conformity with these Regulations.

111. The Regulations are amended by adding the following after section 88:

88.1 The Registrar shall cancel the registration of an establishment at the request of the registrant.

112. Subsections 95(2) and (3) of the Regulations are replaced by the following:

(2) In addition to the evaluation referred to in paragraph (1)(b), an individual who wishes to be licensed as an operator of an approved conditioner shall submit to an evaluation that is set by the Registrar that measures the individual's knowledge of the principles and practices for the preparing, sampling, testing and grading of seed of pedigreed status.

(3) In addition to the evaluation referred to in paragraph (1)(b), an individual who wishes to be licensed as an operator of an authorized importer shall submit to an evaluation that is set by the Registrar that measures the individual's knowledge of the requirements for importing seed.

COMING INTO FORCE

113. (1) Subject to subsection (2), these Regulations come into force on the day on which they are registered.

(2) Subsection 2(1), section 4, subsections 6(2) and 11(2), sections 31, 36, 42, 60 to 64 and 66 to 68 come into force two years after the day on which these Regulations are registered.

SCHEDULE 1
(Section 32)

SCHEDULE IV
(Section 63)

REGISTRATION NUMBER

1. The registration number of the registered establishment shall be shown within the outline of a maple leaf in the same proportions as illustrated in the following design:

Note: The registration number of the registered establishment shall be substituted for the figures "00".

SCHEDULE 2
(Section 77)

SCHEDULE III
(Subsection 5(2))

SCHEDULE 3
(Section 78)

SCHEDULE IV
(Subsection 5(6))

[33-1-o]

Footnote a 

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

Footnote b 

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

Footnote c 

S.C. 1993, c. 44, s. 155

Footnote d 

S.C. 1999, c. 33, s. 347

Footnote e 

S.C. 1993, c. 34, s. 76

Footnote f 

S.C. 1990, c. 21

Footnote g 

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

Footnote h 

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

Footnote i 

S.C. 1993, c. 34, s. 103

Footnote j 

S.C. 1990, c. 22

Footnote k 

S.C. 2001, c. 4, s. 117

Footnote 1 

C.R.C., c. 284

Footnote 2 

C.R.C., c. 285

Footnote 3 

C.R.C., c. 289

Footnote 4 

C.R.C., c. 290

Footnote 5 

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

Footnote 6 

SOR/84-432

Footnote 7 

C.R.C., c. 666

Footnote 8 

C.R.C., c. 870

Footnote 9 

C.R.C., c. 296; SOR/91-525

Footnote 10 

SOR/90-288

Footnote 11 

SOR/95-212

Footnote 12 

C.R.C., c. 1400

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