R.R.O. 1990, Reg. 380: GRADES - LAMB AND MUTTON CARCASSES, Farm Products Grades and Sales Act

Farm Products Grades and Sales Act
Loi sur le classement et la vente des produits agricoles

R.R.O. 1990, REGULATION 380

GRADES — LAMB AND MUTTON CARCASSES

Note: This Regulation was revoked on October 1, 2009. See: O. Reg. 372/09, ss. 1, 2.

Last amendment: O. Reg. 372/09.

This Regulation is made in English only.

1. In this Regulation,

“brand” means an imprint described in Schedule 2;

“carcass” means the entire carcass of an animal of the sheep species, but does not include,

(a) the pelt, that part of the head and neck forward of the first cervical joint, that part of the hind shank below the ankle joint, that part of the foreshank below the break joint in the case of lamb, and below the ankle joint in the case of mutton, the alimentary canal, liver, spleen, genital tract and genitalia, heart, lungs, membranous portion of the diaphragm, heart fat, external cod or udder fat, and the tail posterior to the third coccygeal vertebra, or

(b) any portion of the carcass the removal of which is required under the Meat Inspection Act (Canada) or the regulations made under that Act or Ontario Regulation 31/05 (Meat) made under the Food Safety and Quality Act, 2001;

“Commissioner” means the Livestock Commissioner of Ontario;

“district supervisor” means a District Supervisor of the Livestock Division of the Department of Agriculture of Canada;

“establishment” means,

(a) a registered establishment within the meaning of the Meat Inspection Act (Canada), or

(b) a slaughter plant within the meaning of Ontario Regulation 31/05 (Meat) made under the Food Safety and Quality Act, 2001 operated by a licensee under that regulation;

“grader” means a grader assigned to an establishment for the purpose of grading carcasses;

“inspector” means an inspector appointed under the Act;

“lamb carcass” means the carcass of an animal of the sheep species of either sex, up to and including twelve months of age, having four well-defined relatively soft ridges at the break joint of the forelegs;

“mutton carcass” means the carcass of an animal of the sheep species, of either sex, more than twelve months of age, having two smooth hard white ridges where the feet are severed at the ankle (spool) joint and bones somewhat whiter and harder than those in a lamb carcass;

“operator” means a person operating an establishment. R.R.O. 1990, Reg. 380, s. 1; O. Reg. 228/05, s. 1.

2. Carcasses are designated as farm products. R.R.O. 1990, Reg. 380, s. 2.

3. (1) The following grade names for lamb carcasses and the grades and standards therefor, established under the Canada Agricultural Products Act, are hereby adopted in whole:

1. Canada A1.

2. Canada A2.

3. Canada A3.

4. Canada A4.

5. Canada B.

6. Canada C1.

7. Canada C2. R.R.O. 1990, Reg. 380, s. 3 (1).

(2) The following grade names for mutton carcasses and the grades and standards therefor, established under the Canada Agricultural Products Act, are hereby adopted in whole:

1. Canada D1.

2. Canada D2.

3. Canada D3.

4. Canada D4.

5. Canada E. R.R.O. 1990, Reg. 380, s. 3 (2).

4. (1) No carcass shall be graded,

(a) by a person other than a grader;

(b) at a place other than an establishment;

(c) unless the grader is provided with a sufficient number of efficient helpers to assist the grader in his or her duties;

(d) if the grader is of the opinion that he or she does not have freedom from interference in carrying out his or her duties; and

(e) unless the carcass is from an animal slaughtered in the establishment where it is to be graded. R.R.O. 1990, Reg. 380, s. 4 (1).

(2) A grader is not required to grade a carcass unless it is presented to the grader for grading during reasonable hours mutually agreed upon between the operator and the district supervisor. R.R.O. 1990, Reg. 380, s. 4 (2).

(3) Where, at an establishment,

(a) a carcass is placed under detention pursuant to the Act or this Regulation; or

(b) an inspector, on reasonable grounds, believes that there has been a contravention of the Act or this Regulation,

it is a condition of grading that every carcass at the establishment be graded until the matter or matters giving rise to the condition have been remedied. R.R.O. 1990, Reg. 380, s. 4 (3).

5. (1) No carcass shall be considered graded unless it bears a grade stamp in the shape and size set out in Schedule 1 that has been applied by a grader indicating the applicable grade name for that carcass on the foresaddle, loin or leg on both sides of the carcass. R.R.O. 1990, Reg. 380, s. 5 (1).

(2) No grade stamp shall be applied to a carcass unless the carcass bears the inspection legend required by the regulations made under the Meat Inspection Act (Canada) or Ontario Regulation 31/05 (Meat) made under the Food Safety and Quality Act, 2001. R.R.O. 1990, Reg. 380, s. 5 (2); O. Reg. 228/05, s. 2.

(3) The grade stamp shall be applied in brown ink. R.R.O. 1990, Reg. 380, s. 5 (3).

6. (1) Brands in a continuous strip in the form set out in Schedule 2 bearing the grade name indicated on the grade stamp applied pursuant to this Regulation shall be applied in accordance with the instructions of the grader in the establishment where the animal was slaughtered on each side of the carcass extending the full length of the carcass from the hock over the leg, the saddle and shoulder at a distance of approximately 2 inches from the vertebrae. R.R.O. 1990, Reg. 380, s. 6 (1).

(2) Brands shall be applied in ink that has been approved by the Commissioner. R.R.O. 1990, Reg. 380, s. 6 (2).

(3) Brands bearing the grade name set out in Column I of an item of the Table shall be in the colour set out in Column II of that item.

TABLE

Item

Column I

Column II

 

Grades

Grades

1

Canada A1.

Red

2

Canada A2.

Red

3

Canada A3.

Red

4

Canada A4.

Red

5

Canada B.

Blue

6

Canada C1.

Brown

7

Canada C2.

Brown

8

Canada D1.

Black

9

Canada D2.

Black

10

Canada D3.

Black

11

Canada D4.

Black

12

Canada E.

Black

R.R.O. 1990, Reg. 380, s. 6 (3).

7. No person other than an operator shall apply a brand to a graded carcass. R.R.O. 1990, Reg. 380, s. 7.

8. A stamp bearing the name or logo of a producer, retailer or wholesaler and a date may be applied on a carcass if the stamp,

(a) is applied in brown ink or in ink of a colour corresponding to the colour of the brand that has been applied to the carcass;

(b) does not exceed three inches in height or width;

(c) is not applied in more than one place on the carcass; and

(d) is not in contact with the grader’s stamp. R.R.O. 1990, Reg. 380, s. 8.

9. A grader who has graded a carcass may, at the request of any consignor or the consignor’s agent, issue a grade certificate for any carcass or carcasses graded by the grader at an establishment, if the consignor or agent,

(a) has placed on each of the animals to be carcass graded distinct and specific identification approved by the Commissioner that has been transferred to or otherwise appears on the carcass of such animal; and

(b) has completed and filed with the grader at the establishment at the time of delivery of the animal or lot of animals, as the case may be, to the operator of the establishment, a manifest in a form prescribed by the Commissioner. R.R.O. 1990, Reg. 380, s. 9.

10. (1) Where an inspector detains a carcass, the inspector shall place thereon a tag indicating that the carcass is under detention. R.R.O. 1990, Reg. 380, s. 10 (1).

(2) Except as authorized by an inspector, no person shall remove from a carcass a tag placed thereon by an inspector pursuant to this section. R.R.O. 1990, Reg. 380, s. 10 (2).

11. (1) No person shall sell, offer for sale or have in possession for sale any carcass that is marked or stamped unless it has been marked or stamped in accordance with the Act and this Regulation. R.R.O. 1990, Reg. 380, s. 11 (1).

(2) No person shall apply to a carcass an impression, mark or stamp of any kind that is not a brand or a grade and that might be construed as a brand or grade stamp. R.R.O. 1990, Reg. 380, s. 11 (2).

12. Carcasses shall be divided into lamb carcasses and mutton carcasses in accordance with the characteristics set out in,

(a) the definitions of “lamb carcass” and “mutton carcass” in section 1; and

(b) the standards referred to in section 3. R.R.O. 1990, Reg. 380, s. 12.

13. No person shall in any advertisement offering the whole or any part of a lamb carcass or a mutton carcass for sale,

(a) make any statement that is untrue, deceptive, misleading or that is likely to deceive or mislead any person; or

(b) use any words that resemble a grade name or that may be mistaken by any person for a grade name other than a grade name applied to the lamb carcass or mutton carcass, as the case may be, under this Regulation. R.R.O. 1990, Reg. 380, s. 13.

SCHEDULE 1
GRADE STAMP

Dimensions: 1 inch square

 

CANADA

A1

 

R.R.O. 1990, Reg. 380, Sched. 1.

SCHEDULE 2

1. Form a brand in a continuous strip required to show grade names on carcasses:

 

CANADA

A1

 

CANADA

A1

 

CANADA

A1

 

CANADA

A1

 

2. (1) The width of the brand shall be one and three-eighths of an inch and no word shall exceed that length.

(2) All letters in the grade name shall be block capitals (Gothic) and shall be at least five-sixteenths of an inch in height.

R.R.O. 1990, Reg. 380, Sched. 2.