O. Reg. 325/06: Meat

filed June 19, 2006 under Food Safety and Quality Act, 2001, S.O. 2001, c. 20

ontario regulation 325/06

made under the

food safety and quality act, 2001

Made: June 14, 2006
Filed: June 19, 2006
Published on e-Laws: June 20, 2006
Printed in The Ontario Gazette: July 8, 2006

Amending O. Reg. 31/05

(Meat)

1. (1) The definition of “bird” in subsection 1 (1) of Ontario Regulation 31/05 is revoked.

(2) The definition of “carcass” in subsection 1 (1) of the Regulation is revoked and the following substituted:

“carcass” means the carcass from a food animal except where reference is made to a hunted game carcass;

(3) The definition of “condemn” in subsection 1 (1) of the Regulation is revoked and the following substituted:

“condemn” means,

(a) in respect of a food animal, to determine that it is unfit for slaughter, and

(b) in respect of any of the following, to determine that it is unfit for use as food:

(i) a carcass or part of a carcass derived from a food animal,

(ii) a meat product,

(iii) a hunted game carcass,

(iv) a hunted game product;

(4) Clause (a) of the definition of “contaminated” in subsection 1 (1) of the Regulation is amended by striking out the portion before subclause (i) and substituting the following:

(a) in respect of a food animal, a carcass or part of a carcass derived from a food animal, a meat product, a hunted game carcass, a hunted game product, an ingredient or another food means,

. . . . .

(5) The definition of “denature” in subsection 1 (1) of the Regulation is amended by striking out “a meat product” at the end and substituting “food”.

(6) The definition of “freestanding meat plant” in subsection 1 (1) of the Regulation is revoked and the following substituted:

“freestanding meat plant” means a premises, other than a slaughter plant, where one or more Category 1 or Category 2 activities are carried on as a business, except as provided in subsection (2.1), and includes any part of the premises where,

(a) hides are removed from partially dressed carcasses of food animals,

(b) carcasses, parts of carcasses, meat products from food animals are produced, processed, handled, stored, packaged, labelled, distributed or sold,

(d) other activities to which this Regulation applies are carried on;

(7) The definition of “game animal” in subsection 1 (1) of the Regulation is amended by striking out “and includes” and substituting “including, but not limited to”.

(8) The definition of “hunted game animal” in subsection 1 (1) of the Regulation is revoked and the following substituted:

“hunted game animal” means a game animal that has been killed by hunting or that has been killed by a conservation officer appointed under the Fish and Wildlife Conservation Act, 1997 or a person engaged in wildlife management activities on behalf of the Ministry of Natural Resources and whose products are intended for human consumption;

(9) The definition of “inedible material” in subsection 1 (1) of the Regulation is revoked and the following substituted:

“inedible material” means,

(a) a carcass, a part of a carcass or a meat product derived from a food animal that is not intended for, or is not permitted under this Regulation, to be sold or distributed for use as food, whether or not the material is condemned material, but does not include a meat product, or

(b) a hunted game carcass or hunted game product that is not intended for, or is not permitted under this Regulation, to be returned to the owner for use as food, whether or not the material is condemned material;

(10) The definition of “meat” in subsection 1 (1) of the Regulation is amended by striking out “derived from a carcass” and substituting “derived from the carcass of a food animal”.

(11) The definition of “meat product” in subsection 1 (1) of the Regulation is revoked and the following substituted:

“meat product” means,

(a) a carcass or a part of a carcass derived from a food animal that,

(i) has received a post mortem inspection in accordance with this Regulation or the Meat Inspection Act (Canada) and has been approved for use as food, or

(ii) has been imported in accordance with that Act,

(b) meat, a meat by-product, mechanically separated meat, or a prepared meat product, or

(c) a product that is intended for human consumption and that is derived in whole or part from a carcass or a part of a carcass described in clause (a) or anything mentioned in clause (b),

but does not include inedible material or any product that is derived in part from a hunted game carcass;

(12) The definition of “mechanically separated meat” in subsection 1 (1) of the Regulation is amended by striking out “derived from” and substituting “derived wholly from”.

(13) The definition of “packaging material” in subsection 1 (1) of the Regulation is revoked and the following substituted:

“packaging material” means material used to package food or inedible material and includes a container and a bulk container;

(14) The definition of “post mortem inspection” in subsection 1 (1) of the Regulation is revoked and the following substituted:

“post mortem inspection” means the inspection of a carcass or a part of a carcass derived from a food animal by an inspector in accordance with Part VIII or VIII.1;

(15) The definition of “processing” in subsection 1 (1) of the Regulation is revoked and the following substituted:

“processing”, when used in relation to preparing a carcass or part of a carcass derived from a food animal or preparing a meat product, hunted game carcass or a hunted game product for use as food, means,

(a) adding an anticoagulant to blood, aging, basting, boning, breaking, canning, coating, comminution, cooling, cooking, curing, cutting, dehydrating, emulsifying fabricating, fermenting, freezing, heating, marinating, massaging, pasteurizing, pickling, refrigerating, rinsing, rubbing, salting, slicing, smoking, tenderizing, thermal processing washing and reprocessing of previously processed products, and

(b) any other operation performed to prepare the carcass or part of the carcass, meat product, hunted game carcass or a hunted game product for use as food, other than the dressing of a carcass;

(16) The definition of “slaughter plant” in subsection 1 (1) of the Regulation is revoked and the following substituted:

“slaughter plant” means a premises where food animals are slaughtered, and includes any part of the premises where,

(a) food animals are received, kept or handled before they are slaughtered,

(b) carcasses derived from food animals are dressed,

(c) carcasses, parts of carcasses or meat products derived from food animals are produced, processed, packaged, labelled, handled, stored, distributed or sold,

(d) inedible materials are processed, packaged, labelled, handled, stored, distributed or sold, or

(e) other activities to which this Regulation applies are carried on;

(17) Subsection 1 (1) of the Regulation is amended by adding the following definitions:

“hunted game carcass” means a carcass that is derived from a hunted game animal and includes part of any such carcass;

“hunted game product” means a product that is intended for human consumption and is derived in whole or in part from a hunted game carcass;

“outside of a slaughter plant” means any place other than a slaughter plant operated by a licensee or a registered establishment as defined in the Meat Inspection Act (Canada);

(18) Section 1 of the Regulation is amended by adding the following subsection:

(2.1) A premises does not fall within the definition of a freestanding meat plant if,

(a) there are no Category 2 activities carried on as a business at the premises; and

(b) all of the Category 1 activities carried on as a business at the premises are carried on in respect only of meat products that the operator of the premises sells, serves or otherwise distributes directly to consumers.

2. Subsection 2 (3) of the Regulation is revoked and the following substituted:

(3) Subject to subsection (4), a producer who owns, raises and slaughters food animals on the producer’s own premises is exempt from this Regulation in respect of those animals and any carcasses, parts of carcasses or meat products derived from them if,

(a) the animals are slaughtered for consumption by the producer or the producer’s immediate family;

(b) the slaughter is performed on the producer’s premises by the producer; and

(c) the animals, carcasses, parts of carcasses and meat products are consumed only by the producer or the producer’s immediate family on the producer’s premises.

(4) If a food animal has received an ante mortem inspection under Part VIII.1 and has not been approved for slaughter under that Part, that animal shall be disposed of in accordance that Part and no producer is exempt from the application of this Regulation in respect of that animal under subsection (3).

3. Section 3 of the Regulation is amended by adding the following subsection:

(3) Subsection (1) does not apply to the transport of a carcass of a food animal to a slaughter plant operated by a licensee if,

(a) the food animal was slaughtered outside of a slaughter plant pursuant to a provisional authorization issued under section 84.1;

(b) the carcass is transported to the slaughter plant specified in the provisional authorization; and

4. (1) Clause 66 (3) (b) of the Regulation is amended by striking out “under subsection (5)” at the end.

(2) Subsection 66 (5) of the Regulation is revoked.

5. Section 67 of the Regulation is amended by adding the following subsection:

(4) Despite subsection (3), a person may slaughter a food animal outside of a slaughter plant in accordance with Part VIII.1.

6. (1) Subsection 69 (1) of the Regulation is amended by adding “at a slaughter plant” after “food animal”.

(2) Subsection 69 (2) of the Regulation is amended by striking out “is contaminated” in the portion before clause (a) and substituting “may be contaminated”.

(3) Subsection 69 (4) of the Regulation is revoked and the following substituted:

(4) A regional veterinarian may direct an inspector who is not a veterinary inspector and who is conducting an ante mortem inspection of a food animal at a slaughter plant not to take the action described in clauses (2) (a) and (b) if the animal has deviations from normal behaviour or appearance that, in the opinion of the regional veterinarian, are not likely to cause the animal to be unsafe for use as food.

7. The Regulation is amended by adding the following section:

Order of veterinary inspector

69.1 If a food animal at a slaughter plant is presented under subsection 68 (1) to a veterinary inspector for an ante mortem inspection or is referred to a veterinary inspector under subsection 69 (2) and if it appears to the veterinary inspector that the animal is not healthy or shows a deviation from normal behaviour or appearance or if the inspector has any reason to believe that the animal may be contaminated or otherwise unfit for slaughter, the veterinary inspector may order the operator of the plant to hold the animal and keep it apart from other animals for rest, treatment or further observation, sampling, testing or other assessment on such conditions as the inspector specifies in the order.

8. (1) Subsection 70 (3) of the Regulation is amended by striking out “clause (1) (b)” and substituting “section 69.1 or clause (1) (b)”.

(2) Subsection 70 (4) of the Regulation is amended by striking out “clause (1) (b)” and substituting “section 69.1 or clause (1) (b)” in the portion before clause (a).

9. Subsection 72 (2) of the Regulation is amended by striking out “clause 69 (2) (a), 70 (1) (b) or (4) (b)” and substituting “clause 69 (2) (a), section 69.1 or clause 70 (1) (b) or (4) (b)”.

10. Subsection 74 (1) of the Regulation is amended by adding “at a slaughter plant” after “food animal”.

11. Subsection 75 (7) of the Regulation is amended by adding “slaughter” before “plant” in the portion before clause (a).

12. (1) Subsection 81 (1) of the Regulation is amended by adding “slaughtered” after “food animal”.

(2) Subsection 81 (7) of the Regulation is amended by striking out “If the inspector” at the beginning and substituting “If a carcass or part of a carcass is presented under subsection 80 (1) to a veterinary inspector for a post mortem inspection or if the inspector”.

13. (1) Clause 82 (3) (b) of the Regulation is amended by striking out “under subsection (5)” at the end.

(2) Subsection 82 (5) of the Regulation is revoked.

14. Section 84 of the Regulation is amended by adding “Subject to subsections (2) and (3)” at the beginning and by adding the following subsections:

(2) The operator of a slaughter plant may receive at the plant the carcass of a food animal that was slaughtered outside of a slaughter plant if the carcass is accompanied by a certificate completed in accordance with subsection 84.7 (1), including the signed statement referred to in paragraph 6 of subsection 84.7 (1).

(3) The operator of a meat plant may receive at the plant a hunted game carcass in accordance with Part VIII.2.

(4) In subsection (1),

“carcass” means the carcass of any animal, including the carcass of a food animal and a hunted game carcass.

15. The Regulation is amended by adding the following Parts:

Part VIII.1
Emergency Slaughter of Food Animals Outside of Slaughter Plants

Provisional authorization for slaughter outside of a slaughter plant

84.1 (1) Subject to subsections (2) and (3), a regional veterinarian may provisionally authorize the slaughter of a food animal outside of a slaughter plant if he or she has no reason to believe the animal is unfit for slaughter and, in his or her opinion, the slaughter outside of a slaughter plant is necessary because the food animal,

(a) has escaped confinement;

(b) cannot be transported to a slaughter plant without endangering the safety of the animal or any person; or

(2) A regional veterinarian shall not provisionally authorize the slaughter of a food animal outside of a slaughter plant unless,

(a) an inspector is available to perform an ante mortem inspection of the animal at the intended place of slaughter; and

(b) an inspector is available to perform a post mortem inspection of the carcass derived from the animal at a slaughter plant specified by the regional veterinarian within the time specified by the regional veterinarian.

(3) In the case of an animal that is injured and cannot be transported to a slaughter plant without causing it undue suffering or distress, the inspections referred to in clauses (2) (a) and (b) must be performed by a veterinary inspector and the regional veterinarian shall not provisionally authorize the slaughter of the animal unless a veterinary inspector is available.

(4) A regional veterinarian may attach such conditions to a provisional authorization as he or she considers appropriate, including, but not limited to, conditions relating to,

(a) the time, place and manner of slaughter;

(b) the slaughter plant to which the carcass of the animal must be delivered for post mortem inspection;

(d) identification of the animal and its carcass at the place of slaughter, during transport and in a slaughter plant;

(e) post mortem inspection of the carcass and testing of the carcass;

(f) the period of time that may elapse between the completion of exsanguination following slaughter of the animal outside of a slaughter plant and post mortem inspection of its carcass at a slaughter plant.

Ante mortem inspection

84.2 The owner or custodian of a food animal whose slaughter outside of a slaughter plant has been provisionally authorized under section 84.1 shall ensure that, before the animal is slaughtered, it is presented for an ante mortem inspection to,

(a) a veterinary inspector, in the case of an animal whose slaughter has been provisionally authorized on the basis that it is injured and cannot be transported to a slaughter plant without causing it undue suffering or distress; and

(b) an inspector, in the case of any other animal.

Response of non-veterinary inspector

84.3 (1) An inspector who is not a veterinary inspector, who conducts an ante mortem inspection of a food animal outside of a slaughter plant shall approve the animal for slaughter unless subsection (2) applies.

(2) If it appears to an inspector, who is not a veterinary inspector, on an ante mortem inspection of a food animal outside of a slaughter plant that the animal is not healthy or shows a deviation from normal behaviour or appearance or if the inspector has any reason to believe that the animal is contaminated or otherwise unfit for slaughter, the inspector, shall,

(a) order the owner or custodian of the animal to hold the animal; and

(b) refer the animal to a veterinary inspector for another ante mortem inspection.

(3) In making an order under clause (2) (a), an inspector may,

(a) require that the owner or custodian keep the animal apart from other animals; and

(b) require that the owner or custodian hold the animal in a specified location.

(4) If an inspector makes an order described in clause (2) (a), the operator shall ensure that the animal is marked or identified as held in a manner that is acceptable to the inspector.

(5) A regional veterinarian may direct an inspector not to take the actions described in clauses (2) (a) and (b) if the animal has deviations from normal behaviour or appearance that, in the opinion of the regional veterinarian, are not likely to cause the animal to be unsafe for use as food.

(6) A regional veterinarian who makes a direction under subsection (5) shall approve the animal for slaughter.

(7) The regional veterinarian may attach conditions to the approval, including requiring that the animal be segregated from other animals before slaughter and undergo a post mortem inspection by a veterinary inspector, if the conditions are relevant to ensuring that the animal will be safe for use as food.

Response of veterinary inspector

84.4 (1) This section applies in respect of a veterinary inspector who conducts an ante mortem inspection,

(a) of a food animal whose slaughter outside of a slaughter plant has been provisionally authorized under section 84.1 on the basis that it is injured and cannot be transported to a slaughter plant without causing it undue suffering or distress; or

(b) of a food animal that has been referred to him or her for another ante mortem inspection under clause 84.3 (2) (b).

(2) A veterinary inspector who conducts an ante mortem inspection of a food animal outside of a slaughter plant shall approve the animal for slaughter unless subsection (3) or (4) applies.

(3) If a veterinary inspector conducts an ante mortem inspection of a food animal outside of a slaughter plant under subsection (1) and if it appears to the veterinary inspector that the animal is not healthy or shows a deviation from normal behaviour or appearance or the veterinary inspector has any reason to believe that the animal may be contaminated or otherwise unfit for slaughter, the veterinary inspector may order the operator of the plant to hold the animal and keep it apart from other animals for rest, treatment or further observation, sampling, testing or other assessment on such conditions as the veterinary inspector specifies in the order.

(4) If a veterinary inspector determines on an ante mortem inspection that a food animal is contaminated or in an otherwise unsatisfactory condition for slaughter, the veterinary inspector shall,

(a) order that the owner or custodian of the animal condemn and humanely euthanize the animal at the owner or custodian’s expense, subject to the conditions that the veterinary inspector imposes if they are relevant to the euthanasia;

(b) order that the owner or custodian of the animal hold the animal and keep it apart from other animals for rest, treatment or further observation, sampling, testing or other assessment on the conditions that the veterinary inspector directs; or

(c) approve the animal for slaughter, subject to the conditions that the veterinary inspector imposes, including conditions requiring that the animal be segregated from other animals before slaughter and undergo a post mortem inspection by a veterinary inspector, if the conditions are relevant to ensuring that the animal will be safe for use as food.

(5) If the veterinary inspector makes an order described in subsection (3) or clause (4) (b), the operator shall ensure that the animal is marked or identified as held in a manner that is acceptable to the veterinary inspector.

(6) At any time after making an order described in subsection (3) or clause (4) (b), the veterinary inspector may,

(a) if of the opinion that the animal is contaminated or in an otherwise unsatisfactory condition for slaughter, order that the owner or custodian of the animal condemn and humanely euthanize the animal at the owner or custodian’s expense, subject to the conditions that the veterinary inspector imposes if they are relevant to the euthanasia;

(b) order that the owner or custodian hold the animal and keep it apart from other animals for rest, treatment or further observation, sampling, testing or other assessment on the conditions that the veterinary inspector directs; or

(c) approve the animal for slaughter, subject to the conditions that the veterinary inspector imposes, including conditions requiring that the animal undergo a post mortem inspection by a veterinary inspector, if the conditions are relevant to ensuring that the animal will be safe for use as food.

(7) If a veterinary inspector makes an order under clause (4) (a) or (6) (a), the owner or custodian of the animal shall,

(a) have the animal euthanized in a manner and place acceptable to the veterinary inspector; and

(b) dispose of the animal’s remains in accordance with a method specified in subsection 3 (1) of the Dead Animal Disposal Act.

(8) If the owner or custodian of the animal does not comply with an order made under clause (4) (a) or (6) (a), an inspector may, without a hearing,

(a) seize the animal that is the subject of the order;

(b) condemn and euthanize it and dispose of its remains or arrange for the condemnation, euthanasia and disposal of remains; and

Identification of food animal and carcass

84.5 (1) An inspector who is presented, for ante mortem inspection, with a food animal whose slaughter outside of a slaughter plant has been provisionally authorized may require, by order, the owner or custodian of the animal to identify the animal through identifying marks or devices and corresponding records in a manner acceptable to the inspector and maintain the identification for such time as the inspector specifies.

(2) An inspector who orders the owner or custodian of a food animal to hold the animal under clause 84.3 (2) (a) or subsection 84.4 (3) or clause 84.4 (4) (b) or (6) (b) may require, by order, the owner or custodian to identify the animal through identifying marks or devices and corresponding records in a manner acceptable to the inspector and maintain the identification for such time as the inspector specifies.

(3) An inspector may, in an order issued under subsection (1) or (2), specify that the identification required continues to apply after slaughter of the animal and in respect of the carcass or part of the carcass derived from the animal.

(4) An inspector may order the operator of a slaughter plant to which the carcass of an animal slaughtered outside of a slaughter plant is delivered to,

(a) maintain for the time that the inspector specifies an identification with respect to the carcass that the owner or custodian was required to make under this section; or

(b) identify the carcass through identifying marks or devices and corresponding records in a manner acceptable to the inspector and maintain the identification for the time that the inspector specifies.

Slaughter outside of a slaughter plant

84.6 (1) No person shall slaughter a food animal outside of a slaughter plant unless,

(a) a regional veterinarian has provisionally authorized the slaughter under section 84.1;

(b) the food animal has received an ante mortem inspection;

(d) the food animal is slaughtered promptly after having been approved for slaughter and in accordance with any conditions,

(i) specified by the regional veterinarian who provisionally authorized the slaughter, and

(ii) specified by the inspector who approved the slaughter.

(2) No person shall slaughter a food animal outside of a slaughter plant,

(a) in unhygienic conditions; or

(b) in a way that subjects the animal to avoidable pain or distress.

(3) No person shall use any equipment or instrument to restrain, slaughter or render a food animal unconscious outside of a slaughter plant unless,

(a) the person is competent and physically able to do so without subjecting the animal to avoidable pain or distress; and

(b) the condition of the equipment or instrument and the circumstances under which it is used will not subject the animal to avoidable pain or distress.

(4) A food animal that is slaughtered outside of a slaughter plan shall be exsanguinated immediately following slaughter.

(5) The owner or custodian of a food animal subject to slaughter outside of a slaughter house shall ensure that the animal is slaughtered in accordance with subsections (1), (2) and (3) and exsanguinated in accordance with subsection (4).

Certificate

84.7 (1) Following slaughter and exsanguination outside of a slaughter plant, the inspector who carried out the ante mortem inspection of the food animal shall complete a certificate that contains the following:

1. The inspector’s name.

2. The name of the regional veterinarian who provisionally authorized the slaughter of the animal outside of a slaughter plant and the date and time the provisional authorization was given.

3. Any findings from the ante mortem inspection that the inspector considers relevant.

4. Any conditions that were attached to the slaughter by any person with the authority to do so.

5. Any identifying marks or devices on the carcass.

6. If applicable, a signed statement that, in the inspector’s opinion, the slaughter was carried out in substantial conformity with section 84.6 and with any conditions that were attached to the slaughter by a person with the authority to do so.

7. The date and time of completion of exsanguination of the carcass following the slaughter of the animal.

(2) If a certificate is not completed in accordance with subsection (1), including the signed statement referred to in paragraph 6 of subsection (1), the carcass may not be transported to or received at a slaughter plant under subsection 84 (2).

(3) If a certificate is not completed in accordance with subsection (1), including the signed statement referred to in paragraph 6 of subsection (1), the owner or custodian of the food animal shall dispose of the animal’s remains in accordance with a method specified in subsection 3 (1) of the Dead Animal Disposal Act.

(4) If the owner or custodian of the animal fails to comply with subsection (3), an inspector may, without a hearing,

(a) seize the remains;

(b) dispose of the remains or arrange for the disposal of the remains; and

(5) Subsections (3) and (4) do not apply to a producer in respect of the carcass of a food animal that is exempt under subsection 2 (3).

Post slaughter

84.8 (1) The owner or custodian of a food animal that has been slaughtered outside of a slaughter house shall ensure that,

(a) after exsanguination, the carcass is promptly delivered to the slaughter plant specified by the regional veterinarian in the provisional authorization;

(b) the carcass is transported to the slaughter plant in accordance with subsection (2); and

(c) on delivery to the slaughter plant, the carcass is accompanied by a certificate completed in accordance with subsection 84.7 (1), including the signed statement referred to in paragraph 6 of subsection 84.7 (1).

(2) The carcass shall be transported to the slaughter plant in a leakproof transport container in a manner so that the carcass is securely fashioned in the transport container, is protected from contamination and is not exposed to public view.

(3) Despite subsections 84.7 (3) to (5), if the carcass of a food animal referred to in subsection (1) is delivered to a slaughter plant and is not accompanied by a certificate completed in accordance with section 84.7, the operator of the slaughter plant shall ensure that the carcass is condemned and disposed of in accordance with section 91.

(4) If the operator fails to comply with subsection (3), an inspector may, without a hearing,

(a) seize the carcass;

(b) condemn the carcass and dispose of it or arrange for its disposal; and

Dressing

84.9 (1) The operator of a slaughter plant shall ensure that the carcass of every food animal slaughtered outside of a slaughter plant and received at the plant is dressed promptly after being received so as to prevent deterioration of the carcass and in a manner that permits effective post mortem inspection.

(2) For greater certainty,

(a) subsections 76 (2), (3) and (4) apply with respect to the carcass of a food animal slaughtered outside of a slaughter plant and received at the plant;

(b) section 77 does not apply with respect to the carcass of a food animal slaughtered outside of a slaughter plant and received at the plant.

Post mortem inspection

84.10 (1) The operator of a slaughter plant shall ensure that,

(a) every carcass of a food animal slaughtered outside of a slaughter plant and every part of such carcass that is intended for human consumption and is received at the plant is presented for a post mortem inspection to an inspector or, if subsection (2) applies, a veterinary inspector; and

(b) the appropriate inspector inspects every such carcass and part of a carcass.

(2) The inspector who performs the post mortem inspection shall be a veterinary inspector if,

(a) the slaughter of the animal was provisionally authorized on the basis that the animal was injured and could not be transported to a slaughter plant without causing it undue suffering or distress; or

(b) any person with the authority to do so has imposed as a condition of slaughter that the post mortem inspection be performed by a veterinary inspector.

(3) The operator of a slaughter plant shall ensure that a copy of the certificate described in section 84.7 is presented to the inspector or veterinary inspector who will perform a post mortem inspection of the relevant carcass at or before the time the inspection is performed.

Response of inspector

84.11 (1) If it appears to an inspector, who is not a veterinary inspector, on a post mortem inspection of a carcass or part of a carcass of a food animal slaughtered outside of a slaughter plant that the carcass or the part of the carcass shows no deviation from normal appearance or evidence of abnormal condition and if the inspector has no reason to believe the carcass or the part of the carcass is contaminated or otherwise unfit for human consumption, the inspector shall recommend to a regional veterinarian that the carcass or the part of the carcass be approved for use as food.

(2) If the inspector finds that the carcass or a part of the carcass shows a deviation from normal appearance or evidence of abnormal condition or if the inspector has reason to believe the carcass or the part of the carcass is contaminated or otherwise unfit for human consumption, the inspector shall,

(a) order the operator of the plant to hold the carcass and the parts of the carcass; and

(b) refer them to a veterinary inspector for another post mortem inspection or to a regional veterinarian for disposition.

(3) If the inspector finds that the carcass or a part of a carcass is subject only to deviations from normal appearance that, in his or her opinion, are not likely to cause it to be unsafe for use as food, the inspector may, instead of taking the action described in clauses (2) (a) and (b),

(a) recommend to a regional veterinarian that the carcass or the part of the carcass be approved for use as food; or

(b) order the operator to hold the carcass or the part of the carcass for further inspection, sampling, testing or other assessment on the terms that the inspector directs.

(4) If the inspector orders the operator to hold a carcass or a part of a carcass under clause (3) (b), the inspector may at any time,

(a) recommend to a regional veterinarian that the carcass or the part of the carcass be approved for use as food;

(b) order the operator to hold the carcass or the part of the carcass for further inspection, sampling, testing or other assessment on the terms that the inspector directs; or

(c) refer the carcass or the part of the carcass to a veterinary inspector for another post mortem inspection or to a regional veterinarian for disposition.

(5) If the inspector finds that the carcass or a part of a carcass is subject to deviations from normal appearance that, in the opinion of a regional veterinarian, would likely cause it to be unsafe for use as food, the inspector may, instead of taking the action described in clauses (2) (a) and (b),

(a) order the operator to condemn the carcass or the part of the carcass and to dispose of the animal’s remains in accordance with section 91; or

(b) order the operator to hold the carcass or the part of the carcass for further inspection, sampling, testing or other assessment on the terms that the inspector directs.

(6) If the inspector orders the operator to hold a carcass or a part of a carcass under clause (5) (b), the inspector may at any time,

(a) order the operator to condemn the carcass or the part of the carcass and to dispose of the animal’s remains in accordance with section 91;

(b) order the operator to hold the carcass or the part of the carcass for further inspection, sampling, testing or other assessment on the terms that the inspector directs; or

(c) refer the carcass or the part of the carcass to a veterinary inspector for another post mortem inspection or to a regional veterinarian for disposition.

(7) If any person with the authority to do so has imposed as a condition of emergency slaughter outside of a slaughter plant that the post mortem inspection of the carcass be performed by a veterinary inspector or if an inspector has referred a carcass or part of a carcass to a veterinary inspector for another post mortem inspection under this Part, the veterinary inspector may, on a post mortem inspection of the carcass or part of the carcass,

(a) recommend to a regional veterinarian that the carcass or the part of the carcass be approved for use as food;

(b) order the operator to hold the carcass or the part of the carcass for inspection, sampling, testing or other assessment on the terms that the veterinary inspector directs; or

(c) if the veterinary inspector is of the opinion that the carcass or the part of the carcass is affected by any disease, condition or contamination that may render it unfit for use as food, order the operator to condemn the carcass or the part of the carcass and to dispose of the animal’s remains in accordance with section 91.

Response of regional veterinarian

84.12 (1) This section applies if,

(a) an inspector recommends to a regional veterinarian that a carcass or a part of a carcass be approved for use as food under clause 84.11 (3) (a), (4) (a) or (7) (a); or

(b) an inspector refers a carcass or part of a carcass to a regional veterinarian for disposition under clause 84.11 (2) (b), (4) (c) or (6) (c).

(2) The regional veterinarian may, in the circumstances described in subsection (1),

(a) approve the carcass or part of the carcass for use as food;

(b) order the operator to hold the carcass or the part of the carcass for inspection, sampling, testing or other assessment on the terms that the regional veterinarian directs; or

(c) order the operator to condemn the carcass or the part of the carcass and to dispose of the animal’s remains in accordance with section 91 if,

(i) the veterinary inspector is of the opinion that the carcass or the part of the carcass is affected by any disease, condition or contamination that may render it unfit for use as food, or

(ii) a post mortem inspection of the carcass was not completed within the time specified by the regional veterinarian who provisionally authorized the slaughter of the animal outside of a slaughter plant and the regional veterinarian is of the opinion that the quality of the carcass or its fitness for use as food has been adversely affected as a result.

Condemnation and disposal

84.13 (1) If any person with the authority to do so makes an order for condemnation under clause 84.11 (5) (a), (6) (a) or clause 84.12 (2) (c), he or she may attach conditions to the order if they are relevant to the condemnation.

(2) If the operator does not comply with an order for condemnation, an inspector may, without a hearing,

(a) seize the carcass or part of the carcass that is the subject of the order;

(b) condemn the carcass or part of the carcass that is the subject of the order and dispose of the animal’s remains or arrange for the condemnation and disposal of remains; and

Application of other provisions

84.14 For greater certainty, sections 82 and 83 apply with respect to the carcass or part of a carcass of a food animal slaughtered outside of a slaughter plant and received at a plant.

Part VIII.2
hunted game carcasses

Entry of hunted game carcass into meat plant

84.15 The operator of a meat plant may receive a hunted game carcass at the plant for the purposes of dressing, cutting, wrapping or freezing the carcass or processing hunted game products from it for the owner of the carcass if,

(a) the operator does not have any reason to believe that the carcass is contaminated;

(b) the operator has established a hunted game carcass protocol that satisfies the requirements set out in section 84.16; and

Hunted game carcass protocol

84.16 (1) A hunted game carcass protocol shall be in writing and shall specify the manner in which,

(a) hunted game carcasses shall be dressed at the plant;

(b) hunted game carcasses and products shall be processed, handled, packaged and stored at the plant;

(c) plant facilities, equipment and utensils that are used for dressing hunted game carcasses or are used for the processing, handling, packaging or storage of hunted game carcasses and products shall be cleaned and sanitized; and

(d) the plant premises, facilities, equipment, food animals and carcasses and meat products derived from food animals shall be protected against contamination by hunted game carcasses and products.

(2) A regional veterinarian may refuse to approve a plant for the purposes of receiving hunter game carcasses under this Part if, in his or her opinion,

(a) the hunted game carcass protocol does not comply with subsection (1);

(b) the protocol is insufficient to protect the meat plant premises, facilities, equipment, food animals and carcasses and meat products derived from food animals against contamination by hunted game carcasses and products;

(d) the operator is not in a position to comply with the requirements of this Part.

(3) A regional veterinarian may at any time suspend or revoke an approval to receive and process hunted game carcasses,

(a) for any reason that approval could be refused under subsection (2); or

(b) in his or her opinion, the operator or a person under his or her control is not complying with the hunted game carcass protocol or with the requirements of this Part.

Records of hunted game carcasses

84.17 The operator of a meat plant shall record, in writing, the following information in respect of every hunted game carcass that is received at the plant:

1. The date on which the carcass was received.

2. The name and address of the person who delivered the carcass to the plant.

3. The name and address of the person who killed the hunted game animal.

4. The species and gender of the hunted game animal.

5. The game seal number, if a game seal was attached to the carcass when it was received.

Handling and storage

84.18 (1) The operator of a meat plant shall ensure that a hunted game carcass is skinned, trimmed and washed in a manner that prevents contamination of the premises, facilities, equipment and utensils of the plant and food animals, carcasses, parts of carcasses or meat products at the plant.

(2) The operator of a meat plant shall ensure that every hunted game carcass and product is marked or identified as such,

(a) in a manner that is acceptable to an inspector; and

(b) at all times that the carcass or product is on the meat plant premises.

(3) The operator of a meat plant shall ensure that every dressed hunted game carcass and hunted game product is packaged and stored in a cooler or freezer at the plant in a manner that prevents it from contaminating carcasses, parts of carcasses and meat products derived from food animals in the cooler or freezer.

(4) The operator of a meat plant shall ensure that,

(a) no hunted game carcass or product is in a room or area at the plant that contains a carcass or part of a carcass derived from a food animal unless the hunted game carcass or product is stored in a cooler or freezer in accordance with subsection (3); and

(b) no hunted game carcass or product is in a room or area at the plant that contains a meat product derived from a food animal, unless,

(i) the meat product in question is an ingredient in a hunted game product that will be processed using the hunted game carcass or product, or

(ii) the hunted game carcass or product is stored in a cooler or freezer in accordance with subsection (3).

(5) Subject to subsection (6), the operator of a meat plant shall ensure that equipment, utensils and food contact surfaces that have been in contact with a hunted game carcass, inedible material derived from such a carcass or a hunted game product are cleaned and sanitized to the satisfaction of an inspector before their use in connection with a carcass, a part of a carcass or a meat product derived from a food animal.

(6) An operator is not required to ensure that the items listed in subsection (5) are cleaned and sanitized before their use in connection with a meat product derived from a food animal if that meat product is an ingredient in a hunted game product.

Disinfection of plant

84.19 (1) A regional veterinarian may order the operator of a meat plant to disinfect that plant if, in his or her opinion, a hunted game carcass or product is likely to contaminate the plant or any facilities, equipment, utensils, food animals, or carcasses, parts of carcasses or meat products derived from food animals at the plant.

(2) The regional veterinarian may attach conditions to the order that relate to the time and manner of disinfection.

Condemnation of hunted game

84.20 (1) An operator who knows or has reasonable grounds to suspect that a hunted game carcass or product is likely to contaminate a meat plant or any facilities, equipment, utensils, food animals, or carcasses, parts of carcasses or meat products derived from food animals at the plant, shall,

(a) promptly condemn the carcass or product;

(b) convey it immediately to the inedible materials room of the plant; and

(2) If an inspector is of the opinion that a hunted game carcass or product is likely to contaminate a meat plant or any facilities, equipment, utensils, food animals, or carcasses, parts of carcasses or meat products derived from food animals at the plant, the inspector may order the operator to take any of the actions described in clauses (1) (a) to (c).

(3) An inspector who makes an order under subsection (2) may attach conditions to the order if they are relevant to the condemnation and disposal.

(4) If an operator does not comply with subsection (1) or with an order made under subsection (2), an inspector may, without a hearing,

(a) seize the hunted game carcass or product;

(b) condemn the carcass or product and dispose of it or arrange for its condemnation and disposal; and

Voluntary condemnation

84.21 (1) The operator of a meat plant may voluntarily condemn a hunted game carcass or product derived from such a carcass,

(a) if an inspector has not detained or seized the carcass or product under the Act; or

(b) if an inspector has detained or seized the carcass or product under the Act, a director approves the condemnation.

(2) The director may attach the conditions to the approval that the director considers appropriate for the condemnation.

(3) An operator who condemns a hunted game carcass or product under this section shall,

(a) in the case of condemnation under clause (1) (a), dispose of it in accordance with section 91; and

(b) in the case of condemnation under clause (1) (b), convey it immediately to the inedible materials room of the plant and, in the presence of an inspector, dispose of it in accordance with section 91.

(4) If the operator does not comply with clause (3) (b), an inspector may, without a hearing,

(a) seize the hunted game carcass or product;

(b) condemn the hunted game carcass or product and dispose of it or arrange for its condemnation and disposal; and

Labelling

84.22 (1) The operator of a meat plant shall ensure that every hunted game product is labelled “Consumer Owned, Not for Sale” in legible letters not less than 1.25 cm high before the product is shipped from the plant.

(2) If ink is used to directly stamp a label on a hunted game product, only ink that is fit for human consumption shall be used.

16. Subsection 88 (1) of the Regulation is amended by striking out “inedible material at the plant” and substituting “inedible material at the plant that could be mistaken for food”.

17. Clause 89 (1) (c) of the Regulation is amended by striking out “derived” and substituting “derived wholly”.

18. Clause 90 (1) (c) of the Regulation is amended by striking out “derived” and substituting “derived wholly”.

19. Subsection 91 (4) of the Regulation is amended by adding “or a hunted game carcass” after “carcass of a food animal”.

20. Section 111 of the Regulation is amended by striking out “half carcass at the plant” and substituting “half carcass derived from a food animal at the plant”.

21. (1) Clause 112 (1) (a) of the Regulation is amended by adding the following subclauses:

(ii.1) it is a carcass of a food animal that, in accordance with Part VIII.1, has received an ante mortem inspection and been slaughtered outside of a plant, has been dressed and has received, at the plant, a post mortem inspection and approval for use as food,

(ii.2) it is derived from the carcass of a food animal that, in accordance with Part VIII.1, has received an ante mortem inspection and been slaughtered outside of a plant, has been dressed and has received, at the plant, a post mortem inspection and approval for use as food,

(2) Section 112 of the Regulation is amended by adding the following subsection:

(2.1) No person shall apply an inspection legend to a hunted game carcass or a hunted game product or to a label used in conjunction with a hunted game carcass or hunted game product.

22. (1) Subsection 117 (1) of the Regulation is amended by adding “derived from a food animal” after “half carcass”.

(2) Clause 117 (2) (c) of the Regulation is revoked and the following substituted:

(3) Section 117 of the Regulation is amended by adding the following subsections:

(2.1) Clause (2) (c) applies to a carcass that is packaged in a bulk container and that is shipped in the bulk container to,

(a) another meat plant operated by a licensee for processing; or

(b) a premises for cooking on the premises for immediate consumption, excluding private residences or mobile food service premises and excluding premises at which carcasses of the same species are received for purposes other than cooking on the premises for immediate consumption.

(2.2) In clause (2.1) (b),

“mobile food service premises” means a catering truck or van, trailer or other conveyance used to cook and sell or serve meat products for immediate consumption.

23. Subsection 118 (5) of the Regulation is amended by striking out “for a carcass” in the portion before clause (a) and substituting “for a meat product that is a carcass”.

24. Subsection 129 (1) of the Regulation is amended by,

(a) adding “hunted game products” after “meat products” in the portion before clause (a); and

(b) adding “hunted game products” after “meat products” in clause (a).

O. Reg. 325/06: Meat

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