- SHORT TITLE
- INTERPRETATION
- PROHIBITIONS
- REGULATIONS
- ENFORCEMENT
- OFFENCES AND PUNISHMENT
- RELATED PROVISIONS
Fertilizers Act (R.S., 1985, c. F-10)
Act current to January 25th, 2011
Attention: See coming into force provision and notes, where applicable.
Fertilizers Act
F-10
An Act to regulate agricultural fertilizers
SHORT TITLE
Short title
1. This Act may be cited as the Fertilizers Act.
R.S., c. F-9, s. 1.
INTERPRETATION
Definitions
2. In this Act,
“analyst” « analyste »
“analyst” means a person designated as an analyst pursuant to section 6;
“fertilizer” « engrais »
“fertilizer” means any substance or mixture of substances, containing nitrogen, phosphorus, potassium or other plant food, manufactured, sold or represented for use as a plant nutrient;
“inspector” « inspecteur »
“inspector” means a person designated as an inspector pursuant to section 6;
“label” « étiquette »
“label” includes any legend, word, mark, symbol or design applied or attached to, included in, belonging to or accompanying any fertilizer, supplement or package;
“Minister” « ministre »
“Minister” means the Minister of Agriculture and Agri-Food;
“package” « emballage »
“package” includes a sack, bag, barrel, case or any other container in which fertilizers or supplements are placed or packed;
“penalty” « sanction »
“penalty” means an administrative monetary penalty imposed under the Agriculture and Agri-Food Administrative Monetary Penalties Act for a violation;
“prescribed” « Version anglaise seulement »
“prescribed” means prescribed by regulation;
“sell” « vente »
“sell” includes sell, offer for sale, expose for sale, have in possession for sale and distribute;
“supplement” « supplément »
“supplement” means any substance or mixture of substances, other than a fertilizer, that is manufactured, sold or represented for use in the improvement of the physical condition of soils or to aid plant growth or crop yields;
“Tribunal” « Commission »
“Tribunal” means the Review Tribunal continued by subsection 4.1(1) of the Canada Agricultural Products Act;
“violation” « violation »
“violation” means any contravention of this Act or the regulations that may be proceeded with in accordance with the Agriculture and Agri-Food Administrative Monetary Penalties Act.
R.S., 1985, c. F-10, s. 2; 1994, c. 38, s. 25; 1995, c. 40, s. 50; 1997, c. 6, s. 48.
PROHIBITIONS
Absence of registration, etc.
3. No person shall sell, or import into Canada, any fertilizer or supplement unless the fertilizer or supplement
(a) has been registered as prescribed;
(b) conforms to prescribed standards; and
(c) is packaged and labelled as prescribed.
R.S., c. F-9, s. 3.
Destructive ingredients or harmful properties
4. No person shall sell any fertilizer or supplement that contains destructive ingredients or properties harmful to plant growth when used according to the directions that accompany the fertilizer or supplement or that appear on the label of the package in which the fertilizer or supplement is contained.
R.S., c. F-9, s. 9.
REGULATIONS
Regulations
5. (1) The Governor in Council may make regulations
(a) prescribing the form in which applications for registration of fertilizers and supplements shall be made and the information to be furnished therewith;
(b) respecting the registration of fertilizers and supplements and prescribing fees for registration;
(c) respecting the duration and cancellation of the registration of fertilizers and supplements;
(d) exempting any fertilizer or supplement or any person from the operation of all or any of the provisions of this Act;
(e) prescribing the form, composition and other standards for fertilizers and supplements;
(f) respecting the packaging of fertilizers and supplements and the labelling of packages thereof;
(g) respecting the taking of samples and the making of analyses for the purposes of this Act;
(h) providing that fertilizers registered under this Act and containing a pest control product as defined in subsection 2(1) of the Pest Control Products Act are, in prescribed circumstances and subject to prescribed conditions, deemed to be registered under that Act;
(i) respecting the detention, preservation and safeguarding of anything seized under section 9;
(j) respecting the disposition of anything forfeited under section 9;
(k) prescribing anything else that by this Act is required to be prescribed; and
(l