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Food Safety and Quality Act, 2001
Loi de 2001 sur la qualité et la salubrité des aliments

ONTARIO REGULATION 171/10

EGGS AND PROCESSED EGG

Consolidation Period: From July 1, 2010 to the e-Laws currency date.

No amendments.

This Regulation is made in English only.

Interpretation

1. (1) In this Regulation,

“egg” means an egg of a domestic hen of the species gallus domesticus but does not include processed egg;

“egg dealer” means a person who is licensed by a local board under the Farm Products Marketing Act to receive ungraded eggs from a producer and to assemble, pack, sell, offer for sale, ship and transport the eggs;

“egg-grading station” means a registered egg station as defined in the Federal Egg Regulation;

“egg-processing station” means a registered processed egg station as defined in the Federal Processed Egg Regulation;

“Federal Egg Regulation” means the Egg Regulations (Canada) made under the Canada Agricultural Products Act (Canada);

“Federal Processed Egg Regulation” means the Processed Egg Regulations (Canada) made under the Canada Agricultural Products Act (Canada);

“inedible egg” means an egg that is not fit for human consumption for any reasons including by reason of,

(a) the egg being adulterated or contaminated within the meaning of either of those terms in the Federal Egg Regulation,

(b) the egg being a reject egg,

(c) the egg having an odour foreign to that of a normal egg,

(d) the egg being musty or mouldy,

(e) the egg having been in an incubator,

(f) the egg having any internal defect other than a meat spot or blood spot not in excess of 1/8 inch in diameter;

“inedible processed egg” has the same meaning as in the Federal Processed Egg Regulation;

“processed egg” means processed egg as defined in the Federal Processed Egg Regulation;

“producer” means a person engaged in the production of eggs;

“reject egg” means an egg that has been examined at an egg-grading station and determined not to meet the requirements for any grade designation under the Federal Egg Regulation;

“ungraded eggs” means eggs that have not been examined or graded at an egg-grading station under the Federal Egg Regulation. O. Reg. 171/10, s. 1 (1).

(2) Reject eggs are not considered to have been graded for the purposes of this Regulation, even though they have been examined at an egg-grading station for grading purposes. O. Reg. 171/10, s. 1 (2).

Application

2. This Regulation does not apply to eggs that are or will be used for the purpose of incubation. O. Reg. 171/10, s. 2.

Regulated activities

3. This Regulation applies to the following activities:

1. The sale, distribution, offering for sale of eggs and of processed egg.

2. The shipping or transportation of eggs and of processed egg.

3. Advertising the sale of eggs or of processed egg. O. Reg. 171/10, s. 3.

Sale of graded eggs only

4. (1) Subject to sections 5, 6 and 8, no person shall sell or distribute eggs or offer eggs for sale within Ontario unless the eggs have been graded, packed, marked and labelled at an egg-grading station in accordance with the Federal Egg Regulation. O. Reg. 171/10, s. 4 (1).

(2) For the purposes of subsection (1), any eggs that are stored on the premises of a retailer, whether or not in view of the public, shall be deemed to be offered for sale. O. Reg. 171/10, s. 4 (2).

(3) No person shall sell or offer for sale eggs that are graded as Canada C under the Federal Egg Regulation except to the operator of an egg-processing station. O. Reg. 171/10, s. 4 (3).

(4) No person shall pack, mark or label eggs in a manner intended to deceive a purchaser into believing that the eggs have been graded under the Federal Egg Regulation. O. Reg. 171/10, s. 4 (4).

Exception: sale of eggs by producer

5. (1) A producer may sell, distribute or offer for sale to a consumer ungraded eggs that are produced on premises owned or operated by the producer if,

(a) the eggs are sold, distributed or offered for sale on the premises; and

(b) the eggs are clean and not leaking. O. Reg. 171/10, s. 5 (1).

(2) In this section,

“consumer” means a person who purchases eggs for his or her own use or consumption or that of his or her household, and not for resale. O. Reg. 171/10, s. 5 (2).

(3) A producer may sell ungraded eggs that are produced on premises owned or operated by the producer, or offer the eggs for sale, to,

(a) an egg dealer; or

(b) the operator of an egg-grading station. O. Reg. 171/10, s. 5 (3).

Exception: sale of eggs by dealer

6. An egg dealer may sell or offer for sale ungraded eggs to the operator of an egg-grading station. O. Reg. 171/10, s. 6.

Processed egg

7. No person shall sell, distribute or offer for sale processed egg unless the egg is processed, packed, marked and labelled in accordance with the Federal Processed Egg Regulation. O. Reg. 171/10, s. 7.

Eggs not fit for human consumption

8. (1) No person shall use the following types of eggs or processed egg as food for human consumption or in the preparation of such food, and no person shall sell or distribute such eggs or processed egg or offer them for sale for such use:

1. Inedible eggs.

2. Inedible processed egg.

3. Eggs that are removed from a hen that was slaughtered in accordance with the Meat Inspection Act (Canada) or with Ontario Regulation 31/05 (Meat) made under the Food Safety and Quality Act , 2001. O. Reg. 171/10, s. 8 (1).

(2) A person may use inedible eggs or inedible processed egg as animal food or in the preparation of animal food, and may sell or distribute such eggs or processed egg for such use or offer them for sale for such use, if,

(a) the animals who are intended to consume the food are not themselves intended for human consumption; and

(b) the facilities in which animal food is prepared using inedible eggs or inedible processed egg are separate and apart from any facilities in which food that is intended for human consumption is prepared or stored. O. Reg. 171/10, s. 8 (2).

Shipping and transporting eggs, processed egg

9. (1) No person shall ship, transport or deliver eggs or processed egg in Ontario except for purposes of facilitating a sale authorized under this Regulation or as authorized under the Federal Egg Regulation or the Federal Processed Egg Regulation. O. Reg. 171/10, s. 9 (1).

(2) Despite subsection (1), a producer may ship, transport or deliver ungraded eggs that are produced on farm premises owned or operated by the producer to other farm premises owned or operated by the producer. O. Reg. 171/10, s. 9 (2).

(3) A person who ships or transports eggs within Ontario shall carry at all times with the shipment a bill of lading which shall show,

(a) the name and address of the consignor;

(b) the date of shipment;

(c) the name and address of the consignee; and

(d) the quantity and, where applicable, the grade of eggs. O. Reg. 171/10, s. 9 (3).

(4) The operator of an egg-grading station from which inedible eggs are shipped shall keep records of,

(a) the date of each shipment;

(b) the name and address of each person who receives all or part of a shipment; and

(c) the quantity of inedible eggs in each shipment. O. Reg. 171/10, s. 9 (4).

(5) The operator of an egg-processing station from which inedible processed egg are shipped shall keep records of,

(a) the date of each shipment;

(b) the name and address of each person who receives all or part of a shipment; and

(c) the quantity of inedible processed egg in each shipment. O. Reg. 171/10, s. 9 (5).

(6) The operator of an egg-grading station or of an egg-processing station shall keep the records referred to in subsections (4) and (5) with respect to a shipment for a period of at least one year. O. Reg. 171/10, s. 9 (6).

Advertising

10. (1) No person shall advertise eggs for sale unless the advertisement contains a statement in a prominent position therein setting out the grade of the eggs advertised. O. Reg. 171/10, s. 10 (1).

(2) Despite subsection (1), a producer who sells eggs on premises owned or operated by the producer may advertise the sale of such eggs using an advertisement that does not contain the statement required under subsection (1). O. Reg. 171/10, s. 10 (2).

(3) No person shall, in any advertisement offering eggs or processed egg for sale,

(a) make any untrue or deceptive statement with respect to the quality or size of the eggs or the quality of the processed egg; or

(b) use words or phrases that are misleading to a purchaser with respect to the quality or size of the eggs or the quality of the processed egg. O. Reg. 171/10, s. 10 (3).

11. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 171/10, s. 11.