The Canadian Food Inspection Agency (CFIA) has announced that the transition period for the new Fertilizer Regulations, which were amended back on Oct. 26, 2020, is coming to an end.
Start on Oct. 26, 2023, all fertilizer and supplement importers, manufacturers, distributors and retailers will be required to comply with the amended regulations.
The changes introduced new requirements for some product categories that involve up-front investment, cost and time for industry to fully implement. To ease the transition, the regulations allow regulated parties to comply with either the former (“old“) or current (“new“) regulations for a period of 3 years.
Business disruptions across the value chain caused by the pandemic have made it difficult for some companies to comply with the new regulations by Oct. 26, 2023. For product categories that are most impacted and for the companies that demonstrated the “intent” to comply by submitting their applications early (before November 3, 2022), the CFIA will focus its inspection efforts on compliance promotion activities.
Compliance promotion activities are any activity that supports, motivates or encourages compliance with legislation that CFIA enforces. These activities include industry consultations, communication, information sharing, tools and processes to help regulated parties understand the regulatory requirements. It is different from control actions (e.g. product detention) or enforcement (e.g. prosecution) which the CFIA can take to correct a non-compliance and control risks.
Who gets inspected
The scope of the CFIA inspections includes marketplace monitoring and compliance verification activities associated with importers, manufacturers, distributors and retailers of regulated fertilizers and supplements. Retail stores that sell bagged fertilizers and supplements will not be the focus of inspection activities over the next two years following the end of the transition period.
Should their facilities be inspected during that period, they may be informed of the compliance status of a given product line, but the communication will be directed at the “responsible” party (for example importer, manufacturer, registrant etc.) To stay informed on trade news and other important updates, PARTNER UP WITH A CUSTOMS BROKER HERE