Terminal Elevators – Application of Mineral Oil to Grain

Order number 2017-60

November 9, 2017

Introduction:

  1. Emission of dust in the handling of grain is known to be an issue of environmental concern and workplace safety and health. The application of mineral oil to grain may reduce the emission of dust in the handling of grain, but may cause the grain to be contaminated as that term is defined in the Canada Grain Act (the “Act”).
  2. Except with the permission of the Canadian Grain Commission (the “Commission”), an operator of a licensed elevator may not mix any grain in the elevator with any material other than grain, as provided for in subsection 104(d) of the Act.
  3. The Commission has authority under subsections 118(d) and 118(h) of the Act to make orders requiring the operator of an elevator to treat or dispose of contaminated grain in a manner approved by the Commission and to provide directives to the trade, and is required under subsection 76(1)(c) to provide directions for treatment or disposal of contaminated grain in a licensed terminal elevator.
  4. The Commission is not satisfied that the application of mineral oil has no effect on end-use qualities of grain intended for human consumption, and is not satisfied that the application of mineral oil to raw grains is acceptable to human health.
  5. The Commission is satisfied that the application of mineral oil is an effective means of dust suppression available to the terminal elevator operator; is necessary for the forward movement of grain in the interests of producers of grain; does not conceal the true characteristics of the grain; and does not affect its quality or safety for animal feed.

The Commission makes the following order:

  1. Pursuant to subsection 104(d), the Commission permits the application of mineral oil to raw grains in licensed terminal elevators, as follows:
    • Only mineral oil which meets food grade specifications as prescribed by Health Canada may be used;
    • Application rate of the mineral oil will not exceed 0.02% by weight of the grain to which it is applied;
    • Application of mineral oil is restricted to those raw grains designated as a grain for the purposes of the Canada Grain Act which are verified, in documents provided by the terminal elevator, to be sold for the exclusive purpose of animal feed on terms by which the purchaser accepts the application of mineral oil;
    • Mineral oil will not be applied after official sampling, inspection or weighing under the Canada Grain Act; and
    • This permission applies only to operators of terminal elevators licensed by the Commission which have submitted requests (as set out below); received acknowledgement from the Canadian Grain Commission that the request is complete; and submitted a notice of intention to apply mineral oil (as set out below) prior to any actual application of mineral oil to grain. 
  2. Terminal elevator operators wishing to apply mineral oil to grain must submit, to the Commission, a request for permission in the form provided by the Commission and containing the following information:
    • Date of the request, and name of the licenced terminal elevator operator;
    • A description and schematic of all equipment to be used in the application of mineral oil (e.g. storage tanks, oil pumps, lines, regulators, meters, application nozzles); including the number of application nozzles and the location where the application nozzles will be installed;
    • Identification as to whether mineral oil will be applied on the receipt of grain, during the handling and/or cleaning of grain, or on discharge of grain;
    • The number of intended mineral oil applications to grain (e.g. one application or multiple applications); detailed description of the measures in place for the terminal elevator operator to verify, on an ongoing basis, even application and that application rates of mineral oil are within permitted tolerances;
    • Identification of visual monitors and/or devices that are accessible to Commission inspectors to verify application of mineral oil in accordance with this permission;
    • The intended application rate for each application of mineral oil, expressed in a percentage by weight;
    • The nature and type of records that will be maintained by the terminal elevator operator regarding its application of mineral oil;
    • Documentation confirming that mineral oil from the intended supplier meets food grade specifications in Canada; and
    • Documentation confirming density values for the intended mineral oil.
  3. Prior to loading a vessel with grain treated with mineral oil, the terminal elevator operator must submit to the Commission a notification, in the form provided, containing the following information:
    • Date of notification;
    • Vessel identification;
    • Type of grain to which mineral oil is applied;
    • Confirmation, with supporting documentation, that the purchaser of grain accepts the application of mineral oil; and
    • Confirmation, with supporting documentation, that the grain will be exclusively used for animal feed. 
  4. The terminal elevator operator will provide the Commission with a report on each lot of grain to which mineral oil was applied, stating the weight of grain loaded into vessels (in metric tonnes) to which mineral oil was applied, and average mineral oil application rate (expressed in percentage to the weight of grain loaded).
  5. The terminal elevator operator will provide the Commission with a monthly report on its use of mineral oil, no later than seven calendar days from the end of a calendar month, in the form provided, stating the following information:
    • Name of the terminal elevator;
    • Total tonnage of grain to which mineral oil was applied, during the month;
    • Quantity, in litres, of mineral oil applied to that tonnage of grain during the month;
    • Copies of all documentation indicating the mineral oil supplier’s name, address and date of delivery, litres of mineral oil supplied, and product data to
    • demonstrate the mineral oil meets food grade specifications in Canada and density values; and
    • Average application rate of mineral oil expressed in percentage by weight.
  6. The terminal elevator operator will maintain records, for a minimum of 2 years, and make them available to Commission inspectors on request, demonstrating the following:
    • Mineral oil application rates applied on receipt, during handling or cleaning, or upon discharge of grain;
    • Volumes of mineral oil purchased;
    • Quality properties and specifications of mineral oil purchased; and
    • Maintenance and/or replacement of equipment used in the application of mineral oil.
  7. Terminal elevator operators must ensure adequate measures and procedures are followed to prevent mineral oil contamination of grains intended for any use other than animal feed. 
  8. Terminal elevator operators must ensure that any equipment used for application of mineral oil at all times complies with any applicable standards imposed by any civic, provincial, or federal authority, and is installed and used in accordance with manufacturer guidelines. 
  9. Any inspection certificate issued under the Act in respect of grain to which mineral oil was applied, will note the application of mineral oil to the grain, and the reported rate of application.
  10. For the purposes of this order, “animal feed” means grain that is intended for consumption by livestock, as the term “livestock” is defined in the Feeds Act, R.S.C. 1985, c. F-9, as it may be amended from time to time.
  11. This Order will remain in effect until July 31, 2018, or such earlier date as it may be revoked, after which date monthly reports must be provided in regard to previously unreported application of mineral oil; grain to which mineral oil was applied prior to July 31, 2018 may be discharged from a terminal elevator after July 31, 2018; and any mineral oil application after that date will not have the permission of the Commission.
  12. The permission provided under this Order may be withdrawn by further order of the Commission in respect of any terminal elevator operator which has not, in the Commission’s opinion, satisfied the conditions of this Order.   

 

Patti Miller
Chief Commissioner

Doug Chorney
Assistant Chief Commissioner

Lonny McKague
Commissioner

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