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ontario regulation 70/08

made under the

food safety and quality act, 2001

Made: April 2, 2008
Filed: April 3, 2008
Published on e-Laws: April 4, 2008
Printed in The Ontario Gazette: April 19, 2008

Amending O. Reg. 31/05

(Meat)

1. (1) Subsection 1 (1) of Ontario Regulation 31/05 is amended by adding the following definition:

“ante mortem examination” means the examination of a food animal in accordance with Part VIII.2 before the animal is slaughtered;

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

“carcass” means the carcass that is derived from a food animal and that is not a farm slaughtered carcass, except if reference is made to a farm slaughtered carcass or a hunted game carcass;

(3) Clause (b) of the definition of “condemn” in subsection 1 (1) of the Regulation is amended by adding the following subclauses:

(v) a farm slaughtered carcass,

(vi) a farm slaughtered 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 farm slaughtered carcass, a farm slaughtered product, a hunted game carcass, a hunted game product, an ingredient or another food means,

. . . . .

(5) Clause (a) of the definition of “dress” 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 the carcass of a slaughtered food animal, other than a pig, a bird or an animal mentioned in clause (e), means,

. . . . .

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

(b) in respect of the carcass of a slaughtered food animal that is a pig, other than a pig mentioned in clause (e), means,

. . . . .

(7) The definition of “dress” in subsection 1 (1) of the Regulation is amended by striking out “and” at the end of clause (c), by adding “and” at the end of clause (d) and by adding the following clause:

(e) in respect of the carcass of a slaughtered food animal to which section 84.23 applies, means to remove the head and to eviscerate;

(8) The definition of “euthanize” in subsection 1 (1) of the Regulation is amended by striking out “at a slaughter plant”.

(9) The definition of “eviscerate” in subsection 1 (1) of the Regulation is amended by striking out “and” at the end of clause (b) and by revoking clause (c) and substituting the following:

(c) in respect of the carcass of a slaughtered food animal to which section 84.23 applies, to remove the respiratory, digestive, reproductive and urinary systems of the carcass, including the kidneys, and the other thoracic and abdominal organs, and

(d) in respect of a carcass not described in clause (a), (b) or (c), to remove the respiratory, digestive, reproductive and urinary systems of the carcass, except the kidneys, and the other thoracic and abdominal organs;

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

“examination stamp” means an examination stamp issued to an examiner under Part III.1;

“examiner” means a person who holds a valid certificate as an examiner under Part III.1;

“farm slaughtered carcass” means a carcass of a food animal that was slaughtered on the premises of the producer of the animal, that has been approved to enter a meat plant in accordance with Part VIII.2 and that has been delivered to a meat plant, and includes any part of such carcass;

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

(11) The definition of “freestanding meat plant” in subsection 1 (1) of the Regulation is amended by striking “or” at the end of clause (c) and by adding the following clause:

(c.1) farm slaughtered carcasses are skinned, and farm slaughtered carcasses and products are processed, handled, stored, packaged and labelled, or

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

“hazard” means a biological, chemical or physical agent or factor, a condition of a food or an agricultural commodity or the environment in which a food or an agricultural commodity is produced, processed, handled or stored, if the agent, factor, condition or environment, as the case may be, may directly or indirectly cause the food or agricultural commodity to be unsafe for human consumption in the absence of its control;

(13) The definition of “inedible material” in subsection 1 (1) of the Regulation is amended by striking out “or” at the end of clause (a), by adding “or” at the end of clause (b) and by adding the following clause:

(c) a farm slaughtered carcass or farm slaughtered product that is not intended for, or is not permitted under this Regulation, to be returned to the producer of the carcass for use as food, whether or not the material is condemned material;

(14) The definition of “meat” in subsection 1 (1) of the Regulation is amended by adding at the end “or, except if reference is made to meat derived from farm slaughtered carcasses, any product that is derived in whole or in part from a farm slaughtered carcass”.

(15) The definition of “meat by-product” in subsection 1 (1) of the Regulation is amended by adding “any product that is derived in whole or in part from a farm slaughtered carcass” after “does not include”.

(16) The definition of “meat product” in subsection 1 (1) of the Regulation is amended by striking out the portion after clause (c) and substituting the following:

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

(17) The definition of “mechanically separated meat” in subsection 1 (1) of the Regulation is amended by adding “but does not include any product that is derived in whole or in part from a farm slaughtered carcass” at the end.

(18) Subsection 1 (1) of the Regulation is amended by adding the following definition:

“post mortem examination” means the examination in accordance with Part VIII.2 of a carcass or part of a carcass derived from a food animal after the animal is slaughtered;

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

“processing”, when used in relation to preparing, for use as food, a carcass or part of a carcass, a meat product, a farm slaughtered carcass, a farm slaughtered product, a hunted game carcass or a hunted game product, 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, farm slaughtered carcass, farm slaughtered product, hunted game carcass or a hunted game product for use as food, other than the dressing of a carcass;

(20) The definition of “slaughter plant” in subsection 1 (1) of the Regulation is amended by striking out “or” at the end of clause (d) and by adding the following clause:

(d.1) farm slaughtered carcasses are skinned or farm slaughtered carcasses and products are processed, handled, stored, packaged and labelled, or

(21) The definition of “Category 2 activity” in subsection 1 (2) of the Regulation is amended by striking out “and” at the end of clause (d), by adding “and” at the end of clause (e) and by adding the following clause:

(f) receiving, skinning, cutting, wrapping, freezing farm slaughtered carcasses, grinding meat from farm slaughtered carcasses and processing ham, bacon and sausage from farm slaughtered carcasses that are derived from pigs.

2. Subsections 2 (3) and (4) of the Regulation are revoked.

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

(4) In subsections (5) and (6),

“premises”, in respect of the producer of a food animal from which a carcass or part of a carcass is derived, means the premises of the producer where the animal was raised and slaughtered.

(5) Subsection (1) does not apply to the transport of a carcass or part of a carcass of a food animal to a meat plant operated by a licensee if,

(a) the carcass or the part of it is derived from a food animal that was slaughtered and approved to enter a meat plant in accordance with Part VIII.2;

(b) the carcass or the part of it is transported from the producer’s premises to a meat plant that is operated by a licensee and that a regional veterinarian has approved for the purpose of receiving and processing the carcass or the part of it under Part VIII.3;

(c) the carcass or the part of it is transported to the meat plant only during a time that the operator of the plant has been authorized to receive the carcass or the part of it under Part VIII.3;

(d) the carcass or the part of it is transported to the meat plant by the producer who owned the animal from which the carcass or the part of it is derived at the time of its slaughter or by an examiner; and

(e) the carcass or the part of it is accompanied by a certificate that complies with subsection 84.32 (1).

(6) Subsection (1) does not apply to the distribution by the producer of a carcass, part of a carcass or a meat product derived from a food animal that the producer owned and raised on the producer’s premises if,

(a) the following conditions are met:

(i) the animal has been presented for an ante mortem inspection under Part VIII.1,

(ii) the ante mortem inspection has been conducted and the animal has been approved for slaughter under Part VIII.1,

(iii) the conditions set out in subsection (7) are met;

(b) the following conditions are met:

(i) the animal has not been presented for an ante mortem inspection under Part VIII.1,

(ii) no ante mortem examination of the animal has been conducted in accordance with Part VIII.2,

(iii) the conditions set out in subsection (7) are met;

(c) the following conditions are met:

(i) the animal is a head of cattle or a pig,

(ii) the animal has not been presented for an ante mortem inspection under Part VIII.1,

(iii) an ante mortem examination of the animal has been conducted in accordance with Part VIII.2,

(iv) the animal has been approved for post mortem examination or approval for post mortem examination has been refused because the animal has been found unfit to enter a meat plant or, if the animal is a head of cattle, it has been found to be 30 months of age or older,

(v) no post mortem examination of the carcass of the animal has been conducted in accordance with Part VIII.2,

(vi) the conditions set out in subsection (7) are met; or

(d) the following conditions are met:

(i) the animal is a head of cattle or a pig,

(ii) the animal has not been presented for an ante mortem inspection under Part VIII.1,

(iii) an ante mortem examination of the animal has been conducted in accordance with Part VIII.2 and the animal has been approved for a post mortem inspection under that Part,

(iv) a post mortem examination of the carcass of the animal has been conducted  in accordance with Part VIII.2 and the carcass,

(A) has been approved to enter a meat plant, or

(B) has not been approved to enter a meat plant because it has been found unfit to enter a meat plant or, if the animal is a head of cattle, it has been found to be 30 months of age or older,

(v) the conditions set out in subsection (7) are met.

(7) The conditions mentioned in subsection (6) are the following:

1. The animal has been slaughtered for consumption by the producer or the producer’s immediate family.

2. The slaughter was performed on the producer’s premises by the producer, or if the animal is a head of cattle or a pig, by an examiner.

3. The carcass, the part of it or the meat product is not removed from the producer’s premises and is distributed only to the producer’s immediate family on the producer’s premises.

4. The carcass, the part of it or the meat product is consumed only by the producer or the producer’s immediate family on the producer’s premises.

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

Farm slaughtered carcasses and products

3.1 (1) In this section,

“premises”, in respect of the producer of a food animal from which a farm slaughtered carcass or part of it is derived, means the premises of the producer where the animal was raised and slaughtered.

(2) No person shall sell to any person a farm slaughtered carcass, part of a farm slaughtered carcass or a farm slaughtered product.

(3) No person shall transport or deliver a farm slaughtered carcass, part of a farm slaughtered carcass or a farm slaughtered product.

(4) Subsection (3) does not apply to a person who,

(a) transports a farm slaughtered carcass or part of a farm slaughtered carcass from a meat plant that received the carcass or the part of it in accordance with subsection 84 (4) back to the premises of the producer of the animal from which the carcass or the part of it is derived; or

(b) transports a farm slaughtered product from a meat plant that, in accordance with subsection 84 (4), received the farm slaughtered carcass from which the product is derived back to the premises of the producer of the animal from which the carcass is derived.

(5) No person shall distribute to any person a farm slaughtered carcass, part of a farm slaughtered carcass or a farm slaughtered product.

(6) Subsection (5) does not apply to a producer of a food animal who distributes the carcass of the animal or part of the carcass or a farm slaughtered product derived from the carcass only to the producer’s immediate family on the producer’s premises if the carcass, the part of it or the product is consumed only by the producer or the producer’s immediate family on the producer’s premises.

5. (1) Subsection 5 (1) of the Regulation is amended by adding the following paragraph:

3.1 The receiving, skinning, cutting, wrapping, freezing of farm slaughtered carcasses, grinding meat derived from farm slaughtered carcasses and processing ham, bacon and sausage from farm slaughtered carcasses that are derived from pigs.

(2) Subsection 5 (2) of the Regulation is amended by adding the following paragraph:

2.1 The receiving, skinning, cutting, wrapping, freezing of farm slaughtered carcasses, grinding meat derived from farm slaughtered carcasses and processing ham, bacon and sausage from farm slaughtered carcasses that are derived from pigs.

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

Part III.1
Certification of examiners

Definition

Definition

12.1 In this Part,

“certificate” means a certificate to act as an examiner issued under this Part.

Issuance of Certificates

Requirement for certificate

12.2 No person shall act as an examiner under this Regulation without holding a valid certificate.

Application for certificate

12.3 (1) A director shall issue a certificate to a person who is eligible for the issuance of a certificate and who applies for it.

(2) An applicant is eligible for the issuance of a certificate if the applicant,

(a) is an individual who is not an inspector;

(b) has paid the fee required for the application for the certificate;

(c) has paid the fees required to enrol in the theoretical and practical courses that a director specifies and that provide the necessary training to allow a person to act as an examiner in accordance with the Act and the regulations;

(d) has successfully completed any other course described in clause (c) that a director has determined is a prerequisite for the courses in which the applicant applies to enrol under that clause;

(e) is not ineligible, as a result of subsection (4), to enrol in the courses described in clause (c);

(f) has successfully completed the courses described in clause (c); and

(g) is not ineligible, as a result of subsection (6), for the issuance of a certificate.

(3) An application for a certificate shall be in a form approved by a director and shall be accompanied by all information and documents that a director requires for the purposes of determining whether the application meets the requirements of this section.

(4) An applicant is not eligible to enrol in a course described in clause (2) (c) if,

(a) a director has given notice to the applicant under subsection (5);

(b) the time period for the applicant to request a review under section 12.4 has expired; and

(c) a director has not rescinded the notice under section 12.4.

(5) A director may give the notice mentioned in clause (4) (a) if,

(a) any director has refused to issue a licence for a regulatable activity to the applicant, has refused to renew such a licence or has suspended or revoked such a licence;

(b) in connection with a regulatable activity, the applicant has contravened, or has permitted any person under the applicant’s control or direction to contravene, the Act, the regulations, any other Act, the regulations under it or any law applying to the carrying on of the activity and the contravention is such that it would be in the public interest to refuse to issue a certificate to the applicant;

(c) the applicant has contravened the regulations when exercising powers or performing duties as an examiner and the contravention is such that it would be in the public interest to refuse to issue a certificate to the applicant;

(d) any director has refused to issue a certificate to the applicant, has refused to renew such a certificate or has suspended or revoked such a certificate;

(e) the director is of the opinion that the past or present conduct of the applicant affords reasonable grounds to believe that the applicant will not act as an examiner in accordance with law; or

(f) the director is of the opinion that the applicant has provided false or misleading information in the application for the certificate.

(6) An applicant is not eligible for the issuance of a certificate if,

(a) a director has given notice to the applicant under subsection (7);

(b) the time period for the applicant to request a review under section 12.4 has expired; and

(c) a director has not rescinded the notice under section 12.4.

(7) A director may give the notice mentioned in clause (6) (a) if,

(a) any of the circumstances described in any of clauses (5) (a) to (f) applies; or

(b) the director is of the opinion that the applicant does not or will not have all of the equipment necessary to act as an examiner.

(8) A director is not required to hold a hearing or to afford any person an opportunity for a hearing before deciding whether or not to give a notice under subsection (5) or (7).

Review of director’s notice

12.4 (1) Within 21 days of being served with a notice mentioned in clause 12.3 (4) (a) or (6) (a), an applicant may request in writing that a director review the notice and may include representations in the request.

(2) Upon receiving a request for a review of the notice, a director shall reconsider the grounds for giving the notice and shall give the applicant a further notice rescinding the original notice if the director is of the opinion that doing so is warranted.

(3) A director is not required to hold a hearing or to afford any person an opportunity for a hearing before deciding whether or not to give a notice of rescission under subsection (2).

(4) A decision of a director on whether or not to give a notice of rescission under subsection (2) is final and binding.

Issuance of certificate

12.5 (1) A certificate shall be in the form approved by a director.

(2) A director may refuse to issue the certificate if the person is not eligible for the issuance of the certificate as a result of subsection 12.3 (2).

(3) Upon refusing to issue a certificate to an applicant for it, a director shall send a written notice of the refusal setting out the reason for the refusal.

(4) A decision of a director to refuse to issue a certificate under subsection (2) is final and binding.

Examination stamp and legend

12.6 (1) Upon issuing a certificate to an examiner, a director shall assign a certificate number and an examination stamp to the examiner.

(2) If an examiner’s certificate expires, is suspended, is revoked or if the examiner surrenders his or her certificate, the examiner shall immediately return to a director the examination stamp assigned to the examiner.

(3) Subject to subsections (4) and (5), an examination stamp shall be in the form of the examination legend.

(4) The examination legend shall be in the following form:

Insert regs\Graphics\Source Law\2008\70\070001ae.tif

(5) The certificate number assigned by a director to an examiner under subsection (1) shall be substituted for the numbers 000 on the examination legend that is reproduced on the examination stamp assigned to the examiner.

(6) The examination legend on an examination stamp shall measure not less than 64 millimetres when measured from the top of the triangle to the mid point of the base.

(7) No person shall reproduce an examination legend or an examination stamp unless the person has the written permission of a director.

(8) No person, other than an examiner, shall use an examination stamp.

(9) No examiner shall use an examination stamp, other than the stamp issued to the examiner, or permit any other person to use the stamp issued to the examiner.

Conditions of Certificates

Conditions

12.7 The certificate of an examiner is subject to,

(a) the conditions that the director who issues the certificate specifies in the certificate; and

(b) the requirements for an examiner set out in sections 12.8 to 12.10.

Production of copy of certificate

12.8 (1) An examiner shall keep a copy of his or her certificate in a form approved by the director who issued the certificate on his or her person at all times while acting as an examiner.

(2) An examiner shall show the copy of his or her certificate described in subsection (1) on request to a producer of a food animal, an inspector, a regional veterinarian, a veterinary inspector or the operator of licensed meat plant.

Further training

12.9 (1) On the request of a director or a person designated by a director, an examiner shall submit to a reassessment of the examiner’s skills and competence to act as an examiner.

(2) A director or a person designated by a director shall perform the reassessment.

(3) A director or the person who performs the reassessment or, if there is no reassessment, a director or a person designated by a director may by written notice require an examiner to enrol in and successfully complete the further theoretical and practical courses that the person who gave the notice specifies if that person is of the opinion that the examiner requires the courses to be able to maintain the ability to act as an examiner in accordance with the Act and the regulations.

(4) An examiner shall enrol in and successfully complete the further courses mentioned in subsection (3) if required to do so under that subsection.

(5) Within 10 days of being served with a notice mentioned in subsection (3), an examiner may request in writing that a director review it and may include representations in the request.

(6) Upon receiving a request for a review of the notice, a director shall reconsider the grounds for giving the notice and shall give the examiner a further notice rescinding the original notice if the director is of the opinion that doing so is warranted.

(7) A director is not required to hold a hearing or to afford the examiner an opportunity for a hearing before deciding whether or not to give a notice of rescission under subsection (6).

(8) A decision of a director on whether or not to give a notice of rescission under subsection (6) is final and binding.

Compliance with powers and duties

12.10 (1) An examiner shall comply with this Regulation when exercising powers or performing duties as an examiner.

(2) At the request of a director, an examiner shall provide copies of the records that the examiner is required to maintain under this Regulation.

Renewal, Suspension and Revocation of Certificates

Renewal of certificates, no right to hearing

12.11 (1) Subject to subsection (3), a director shall issue a renewal of a certificate to a person who,

(a) applies for it;

(b) holds a certificate that has not expired or that is deemed to continue under subsection 12.14 (2);

(c) has paid the fee required for the application for the renewal;

(d) has paid the fees required to enrol in the theoretical and practical courses that a director specifies for the purpose of the renewal and that provide the necessary training to allow a person to act as an examiner in accordance with the Act;

(e) has successfully completed any other course described in clause (d) that a director has determined is a prerequisite for the courses in which the applicant applies to enrol under that clause; and

(f) has successfully completed the courses described in clause (d).

(2) An application for the renewal of a certificate shall be in a form approved by a director and shall be accompanied by all information and documents that a director requires for the purposes of determining whether the application meets the requirements of this section.

(3) A director may, by notice to the examiner and without a hearing, refuse to renew the certificate of an examiner if the director is of the opinion that the examiner is not eligible for the renewal as a result of subsection (1).

(4) A decision of a director, under this section, to refuse to renew a certificate is final and binding.

Right to hearing

12.12 (1) Subject to subsection (2), a director may refuse to renew the certificate of an examiner or may suspend or revoke it if the director is of the opinion that,

(a) any of the grounds exist for which the director may give a notice under subsection 12.3 (7) if the examiner were applying for a certificate;

(b) the examiner has contravened a condition of the certificate, including failing to successfully complete the courses that a director has required the examiner to complete under section 12.9; or

(c) the examiner is not exercising powers or performing duties as an examiner in a reasonably competent manner or in a humane manner.

(2) A director shall not refuse to renew the certificate or shall not suspend or revoke it unless,

(a) before doing so, the director serves a written notice on the examiner that,

(i) sets out the reason for the director’s opinion, and

(ii) states that the examiner may request a hearing by a director within 10 days of being served with the notice; and

(b) the director has held the hearing if the examiner requests one within the required time.

(3) Despite subsection (2), a director may, by notice to the examiner and without a hearing, provisionally suspend the certificate of an examiner if,

(a) in the director’s opinion, it is necessary to do so for the immediate protection of the safety or health of any person or animal or the public; and

(b) the director so states in the notice and gives reasons for the opinion.

(4) Upon provisionally suspending a certificate, a director shall serve a written notice on the examiner stating that the examiner may request a hearing by a director within 10 days of being served with the notice to determine whether to further suspend or revoke the certificate.

(5) A director shall not further suspend or revoke the certificate unless the director has held the hearing if the examiner requests one within the required time.

(6) If, after a hearing, a director refuses to renew the certificate of an examiner or suspends or revokes it, the director shall give the examiner written notice of the decision and reasons for it.

(7) A decision of a director, under this section, to refuse to renew a certificate or to suspend or revoke a certificate is final and binding.

Surrender and Expiry of Certificates

Surrender of certificate

12.13 An examiner may surrender his or her certificate at any time.

Expiry of certificates

12.14 (1) A certificate expires on December 31 of the year following the year in which it is issued or renewed.

(2) If, no later than October 31 of the year in which a certificate of an examiner expires, the examiner applies for renewal of the certificate, pays the required fee for the renewal and has complied with the Act and the regulations, the certificate shall be deemed to continue until the examiner has received the decision of a director on the application for renewal.

. . . . .

Part VII.1
inspections at meat plants

Inspection schedule at slaughter plants

57.1 (1) A director may assign one or more inspectors to perform ante mortem or post mortem inspections at a slaughter plant and may establish an inspection schedule that sets out,

(a) the days and times at which inspectors will normally be assigned to perform inspections at the plant; and

(b) the number of inspectors who will normally be assigned to perform inspections at any specified time in the schedule.

(2) A director shall not assign inspectors under subsection (1) to perform inspections at a plant in excess of 7.5 hours in a day and 37.5 hours in any seven-day period.

(3) Every operator of a slaughter plant shall inform a director at least 48 hours before the start of a day if the ante mortem or post mortem inspections that would normally have been performed during that day in accordance with the plant’s inspection schedule will not be required.

Supplementary inspections at slaughter plants

57.2 (1) At the request of the operator of a slaughter plant, a director may assign one or more inspectors who are not veterinary inspectors to the plant for the purposes of performing supplementary ante mortem or post mortem inspections at the plant,

(a) at times that fall outside the times at which a director has assigned inspectors to perform inspections at the plant under subsection 57.1 (1); or

(b) for time in excess of the maximum times mentioned in subsection 57.1 (2).

(2) Every operator of a slaughter plant shall inform a director at least 48 hours before the start of a day on which a director has assigned inspectors to perform inspections at the plant under this section if the ante mortem or post mortem inspections that would have been performed during that day will not be required.

(3) At the request of the operator of a slaughter plant, a veterinary inspector may perform ante mortem or post mortem inspections at the plant,

(a) at times that fall outside the times at which a director has assigned inspectors to perform inspections at the plant under subsection 57.1 (1); or

(b) for time in excess of the maximum times mentioned in subsection 57.1 (2).

Supplementary inspections at meat plants

57.3 At the request of the operator of a meat plant, a director may assign one or more inspectors who are not veterinary inspectors to the plant for the purposes of providing services other than ante mortem or post mortem inspections.

Inspector may refuse services

57.4 (1) If, in an inspector’s opinion, a person at a meat plant has contravened a provision of the Act or this Regulation or an order of an inspector, the inspector may refuse to provide services at the plant for up to 24 consecutive hours.

(2) On refusing to provide services, an inspector shall immediately inform a regional veterinarian and explain the circumstances that led to the refusal.

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

(5) Subsection (3) does not apply to a food animal to which this Part does not apply as a result of subsection 84.36 (2), (3), (4) or (5).

8. (1) Subsection 84 (1) of the Regulation is amended by striking out “subsections (2) and (3)” in the portion before clause (a) and substituting “subsections (2), (3) and (4)”.

(2) Section 84 of the Regulation is amended by adding the following subsection:

(1.1) In subsection (1),

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

(3) Subsection 84 (2) of the Regulation is amended by adding “in accordance with Part VIII.1” after “outside of a slaughter plant”.

(4) Subsection 84 (4) of the Regulation is revoked and the following substituted:

(4) The operator of a meat plant may receive at the plant a farm slaughtered carcass or part of a farm slaughtered carcass if,

(a) the carcass or the part of it is stamped with an examination stamp in accordance with section 84.31 and is accompanied by a certificate that complies with subsection 84.32 (1) and the operator receives the carcass or the part of it in accordance with Part VIII.3; or

(b) the operator condemns and disposes of the carcass or the part of it in accordance with section 91.

9. Subsection 84.3 (4) of the Regulation is amended by striking out “operator” and substituting “owner or custodian”.

10. (1) Subsection 84.4 (3) of the Regulation is amended by striking out “operator of the plant” and substituting “owner or custodian”.

(2) Subsection 84.4 (5) of the Regulation is amended by striking out “operator” and substituting “owner or custodian”.

11. Subsection 84.7 (5) of the Regulation is revoked and the following substituted:

(5) Subsections (3) and (4) do not apply to a producer in respect of the carcass of a food animal if the carcass meets the conditions described in clauses 84.36 (2) (a) to (c).

12. (1) Subsection 84.8 (1) of the Regulation is amended by striking out “slaughter house” in the portion before clause (a) and substituting “slaughter plant”.

(2) Clause 84.8 (1) (c) of the Regulation is amended by striking out “including the signed statement referred to in paragraph 6 of subsection 84.7 (1)”.

(3) Subsection 84.8 (2) of the Regulation is amended by striking out “fashioned” and substituting “fastened”.

13. Part VIII.2 of the Regulation is revoked and the following substituted:

PART VIII.2
NON-EMERGENCY SLAUGHTER OF FOOD ANIMALS ON PRODUCER PREMISES

Definitions

Definitions

84.15 In this Part,

“reportable disease” means a reportable disease within the meaning of the Health of Animals Act (Canada);

“unfit to enter a meat plant “ means, in respect of a food animal or the carcass or part of a carcass of a food animal, that,

(a) the animal, carcass or part of the carcass, as the case may be, may be contaminated with a disease, substance, condition or hazard that could contaminate a meat plant, the facilities, equipment or utensils at a meat plant, food animals, carcasses or parts of carcasses at a meat plant or meat products at a meat plant, or

(b) the animal, carcass or part of the carcass, as the case may be, may be affected by a substance, disease or condition that could cause adverse effects to a meat plant, the facilities, equipment or utensils at a meat plant, food animals, carcasses or parts of carcasses at a meat plant or meat products at a meat plant.

Ante Mortem Examination

Ante mortem examination

84.16 (1) This section applies to a food animal that is a head of cattle under 30 months of age or a pig and that is owned and raised by a producer on the producer’s premises, if the producer,

(a) slaughters the animal or has the animal slaughtered on the producer’s premises; and

(b) sends the carcass of the animal or part of the carcass to a meat plant for any of the purposes described in subsection (2) so that the parts of the carcass and farm slaughtered products processed at the plant from the carcass or the part of it that is sent to the plant will be returned to the producer for consumption by the producer or the producer’s immediate family on the producer’s premises.

(2) The purposes mentioned in clause (1) (b) are,

(a) skinning, cutting, wrapping or freezing the carcass or the part of it that was sent to the meat plant;

(b) grinding meat derived from the carcass or the part of it that was sent to the meat plant; and

(c) processing ham, bacon or sausage from the carcass or the part of it that was sent to the meat plant, if the carcass is derived from a pig.

(3) A producer of a food animal described in subsection (1) shall ensure that, before the animal is slaughtered at the producer’s premises where the animal is being raised,

(a) if the producer is not an examiner, the animal is presented to an examiner for an ante mortem examination in a location that is acceptable to the examiner at the producer’s premises; or

(b) if the producer is an examiner, the producer,

(i) conducts an ante mortem examination of the animal in a location at the producer’s premises that permits effective ante mortem examination, or

(ii) presents the animal to another examiner for an ante mortem examination in a location that is acceptable to the other examiner at the producer’s premises.

(4) An examiner who conducts an ante mortem examination of a food animal under subsection (3) shall approve the animal for post mortem examination unless section 84.17 or 84.18 applies to the animal.

Referral to regional veterinarian

84.17 (1) An examiner who conducts an ante mortem examination of a food animal shall refer the animal to a regional veterinarian if,

(a) it appears to the examiner that the animal displays any sign of not being healthy or any deviation from normal behaviour or appearance or other condition that leads the examiner to,

(i) suspect that the animal may have a reportable disease,

(ii) believe that the animal is likely to be significantly contaminated, or

(iii) believe that the animal is likely to be affected by any disease, condition or substance that could make the animal a significant risk to the health or safety of any person or other animal; or

(b) the examiner has any reason to,

(i) suspect that the animal may have a reportable disease,

(ii) believe that the animal is likely to be significantly contaminated, or

(iii) believe that the animal is likely to be affected by any disease, condition or substance that could make the animal a significant risk to the health or safety of any person or other animal.

(2) If an examiner refers an animal to a regional veterinarian under subsection (1) and the examiner is not the producer of the animal, the producer shall,

(a) hold the animal in a location specified by the examiner at the producer’s premises where the animal is being raised;

(b) if the examiner requires, keep the animal apart from other animals; and

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

(3) If an examiner refers an animal to a regional veterinarian under subsection (1) and the examiner is the producer of the animal, the producer shall,

(a) hold the animal at the producer’s premises where the animal is being raised;

(b) if the regional veterinarian requires, hold the animal in a location specified by the regional veterinarian at the premises and keep the animal apart from other animals; and

(c) identify the animal through identifying marks or devices and corresponding records in a manner acceptable to the regional veterinarian and maintain the identification for the time that the regional veterinarian specifies.

(4) The regional veterinarian may do any of the following:

1. Refer the animal to a veterinary inspector for another ante mortem examination of the animal.

2. Order that the producer of the animal no longer hold the animal in accordance with subsection (2) or (3), but hold it in a location specified by the regional veterinarian at the producer’s premises where the animal is being raised, and keep it apart from other animals on the conditions that the regional veterinarian directs, if the regional veterinarian is of the opinion that it is necessary to do so for the rest, treatment or further observation, sampling, testing or other assessment of the animal.

3. Subject to subsection (5), order that the animal no longer be held.

4. Subject to subsection (5), approve the animal for post mortem examination and attach those conditions to the approval that the regional veterinarian deems appropriate, including requiring that the animal undergo post mortem examination by a veterinary inspector.

(5) A regional veterinarian shall not take the action described in paragraph 4 of subsection (4) if the regional veterinarian,

(a) suspects that the animal has a reportable disease;

(b) is of the opinion that the animal is likely to be significantly contaminated; or

(c) is of the opinion that the animal is likely to be affected by a disease, condition or substance that could make the animal a significant risk to the health or safety of any person or other animal.

(6) At any time after making an order that an animal be held under paragraph 2 of subsection (4), the regional veterinarian may make an order under that subsection.

(7) If the regional veterinarian suspects that an animal referred to the regional veterinarian under subsection (1) has a reportable disease, the regional veterinarian shall notify a veterinary inspector designated under the Health of Animals Act (Canada) that the regional veterinarian suspects that the animal is affected by a reportable disease.

No post mortem examination in other cases

84.18 (1) An examiner who conducts an ante mortem examination of a food animal shall refuse to approve the animal for post mortem examination if the animal is a head of cattle and the examiner is of the opinion that the animal is 30 months of age or older.

(2) An examiner who conducts an ante mortem examination of a food animal may refuse to approve the animal for post mortem examination if subsection 84.17 (1) does not require the examiner to refer the animal to a regional veterinarian and the examiner is of the opinion that the animal is unfit to enter a meat plant after it is slaughtered.

(3) A producer who disagrees with a decision of an examiner to refuse to approve an animal for post mortem examination under subsection (2) may request that a regional veterinarian refer the animal to a veterinary inspector for another ante mortem examination.

(4) A regional veterinarian who receives a request from a producer under subsection (3) may,

(a) refer the animal to a veterinary inspector for another ante mortem examination; and

(b) establish conditions for the ante mortem examination by a veterinary inspector.

Response of veterinary inspector

84.19 (1) If, under paragraph 1 of subsection 84.17 (4) or subsection 84.18 (4), a regional veterinarian refers a food animal to a veterinary inspector for another ante mortem examination, the veterinary inspector shall approve the animal for post mortem examination unless the veterinary inspector takes an action described in subsection (4), (5), (7), (9) or (10).

(2) A veterinary inspector who conducts an ante mortem examination of a food animal under this section and who suspects that the animal has a reportable disease shall notify a veterinary inspector designated under the Health of Animals Act (Canada) that the veterinary inspector suspects that the animal is affected by a reportable disease.

(3) A veterinary inspector who conducts an ante mortem examination of a food animal under this section shall take an action described in subsection (4) if the veterinary inspector,

(a) suspects that the animal has a reportable disease;

(b) is of the opinion that the animal is likely to be significantly contaminated; or

(c) is of the opinion that the animal is likely to be affected by any disease, condition or substance that could make the animal a significant risk to the health or safety of any person or other animal.

(4) The actions that a veterinary inspector is required to take under subsection (3) are any one of the following:

1. Ordering that the producer of the animal condemn and humanely euthanize the animal at the producer’s expense, subject to the conditions that the veterinary inspector imposes if they are relevant to the euthanasia.

2. Ordering that the producer of the animal no longer hold the animal in accordance with subsection 84.17 (2) or (3), but hold it in a location specified by the veterinary inspector at the producer’s premises where the animal is being raised, and keep it apart from other animals on the conditions that the veterinary inspector directs, if the veterinary inspector is of the opinion that it is necessary to do so for the rest, treatment or further observation, sampling, testing or other assessment of the animal.

(5) If the veterinary inspector who conducts an ante mortem examination of a food animal under this section is of the opinion that it is necessary to euthanize the animal in order to prevent or relieve its undue suffering or distress or because it is near death, the veterinary inspector may order the producer of the animal to condemn and humanely euthanize the animal at the producer’s expense and may attach conditions to the order that are relevant to the form of euthanasia or disposal of the animal.

(6) A veterinary inspector who makes an order under subsection (5) shall not take an action described in subsection (7).

(7) If the veterinary inspector who conducts an ante mortem examination of a food animal under this section determines that the animal is unfit to enter a meat plant after it is slaughtered, the inspector may do any of the following:

1. Refuse to approve the animal for post mortem examination.

2. Order that the producer of the animal no longer hold the animal in accordance with subsection 84.17 (2) or (3), but hold it in a location specified by the veterinary inspector at the producer’s premises where the animal is being raised, and keep it apart from other animals on the conditions that the veterinary inspector directs, if the veterinary inspector is of the opinion that it is necessary to do so for the rest, treatment or further observation, sampling, testing or other assessment of the animal.

3. Subject to subsection (8), order that the animal no longer be held.

4. Subject to subsection (8), approve the animal for post mortem examination and attach those conditions to the approval that the inspector deems appropriate, including requiring that the animal undergo post mortem examination by a veterinary inspector.

(8) A veterinary inspector shall not take the action described in paragraph 4 of subsection (7) if the veterinary inspector,

(a) suspects that an animal has a reportable disease;

(b) is of the opinion that the animal is likely to be significantly contaminated; or

(c) is of the opinion that the animal is likely to be affected by any disease, condition or substance that could make the animal a significant risk to the health or safety of any person or other animal.

(9) A veterinary inspector who, under this section, conducts an ante mortem examination of a food animal that is a head of cattle and who is of the opinion that the animal is 30 months of age or older shall refuse to approve the animal for post mortem examination.

(10) At any time after making an order that an animal be held under paragraph 2 of subsection (4) or paragraph 2 of subsection (7), the veterinary inspector,

(a) shall take all actions that the veterinary inspector is required to take under this section;

(b) shall refrain from taking any action that the veterinary inspector is prohibited from taking under this section; and

(c) may take any action that the veterinary inspector is authorized to take under this section.

Order for euthanasia

84.20 (1) If a veterinary inspector makes an order under paragraph 1 of subsection 84.19 (4) or subsection 84.19 (5), the producer 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,

(i) specified by the veterinary inspector if the veterinary inspector ordered the animal to be euthanized under paragraph 1 of subsection 84.19 (4), or

(ii) specified in subsection 3 (1) of the Dead Animal Disposal Act, if the veterinary inspector ordered the animal to be euthanized under subsection 84.19 (5).

(2) If the producer does not comply with an order made under paragraph 1 of subsection 84.19 (4) or subsection 84.19 (5), 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

(c) order the producer to pay for the condemnation, euthanasia and disposal of remains.

Identification of food animal that is held

84.21 (1) An examiner or veterinary inspector who receives a food animal for an ante mortem examination may require the producer of the animal to identify the animal through identifying marks or devices and corresponding records in a manner acceptable to the examiner or veterinary inspector, as the case may be, and to maintain the identification for the time that the examiner or veterinary inspector specifies.

(2) A veterinary inspector who orders the producer of a food animal to hold the animal under paragraph 2 of subsection 84.19 (4) or paragraph 2 of subsection 84.19 (7), may require the producer to identify the animal through identifying marks or devices and corresponding records in a manner acceptable to the veterinary inspector and to maintain the identification for the time that the veterinary inspector specifies.

(3) An examiner or veterinary inspector may specify that the identification required under this section continues to apply after slaughter of the animal and in respect of the carcass or part of the carcass derived from the animal.

(4) The producer shall comply with any requirements imposed by an examiner or veterinary inspector under this section.

Post Mortem Examination

Slaughter requirements for post mortem examination

84.22 (1) This section applies to a food animal and its carcass if,

(a) the animal is a head of cattle or a pig that, in accordance with this Part, has been approved for post mortem examination;

(b) the producer of the animal presents its carcass to an examiner for a post mortem examination, if the producer is not an examiner; and

(c) the producer of the animal conducts a post mortem examination of the carcass or presents the carcass to an examiner for a post mortem examination, if the producer is an examiner.

(2) No person shall slaughter or exsanguinate a food animal unless the person is the producer of the animal or an examiner.

(3) A producer of a food animal shall not slaughter or exsanguinate the animal except in the presence of an examiner, unless the producer is an examiner.

(4) A producer of a food animal who slaughters the animal or an examiner who slaughters a food animal shall do so in a location that is acceptable to the examiner at the producer’s premises where the animal was raised.

(5) A producer of a food animal or an examiner shall not slaughter a food animal,

(a) in unhygienic conditions; or

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

(6) A producer of a food animal who slaughters the animal or an examiner who slaughters a food animal shall ensure that the animal is stunned and rendered unconscious by a method specified in subsection (7) and in a manner that ensures that the animal does not regain consciousness before death.

(7) The following are the methods to stun and render a food animal unconscious for the purposes of subsection (6):

1. Delivering a blow to the head of the animal by means of a mechanical penetrating device that causes immediate loss of consciousness.

2. Using a rifle in a manner that causes an immediate loss of consciousness to the animal.

(8) A producer of a food animal or an examiner shall not use any equipment or instrument to restrain, slaughter or render the animal unconscious unless,

(a) the producer or examiner 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.

(9) A producer of a food animal who slaughters the animal or an examiner who slaughters a food animal shall exsanguinate the animal immediately after slaughter.

Dressing requirements for post mortem examination

84.23 (1) This section applies to a food animal and its carcass if it meets the requirements set out in subsection 84.22 (1).

(2) No person shall dress the carcass of a food animal unless the person is the producer of the animal or an examiner.

(3) A producer of a food animal shall not dress the carcass of the animal except in the presence of an examiner, unless the producer is an examiner.

(4) A producer of a food animal or an examiner shall dress the carcass of the animal promptly after slaughter so as to prevent deterioration of the carcass and shall do so in a location that is acceptable to the examiner at the producer’s premises where the animal was raised.

(5) A producer of a food animal or an examiner shall dress the carcass of the food animal in hygienic conditions and in a manner that permits effective post mortem examination.

(6) If an examiner dresses a carcass of food animal that is a head of cattle or is present when the producer of a head of cattle dresses the carcass, the examiner shall ensure that that all specified risk material, being the distal ileum, is removed from the carcass.

Post mortem examination

84.24 (1) Subject to subsection (2), a producer of a food animal that is a head of cattle or a pig and that, in accordance with this Part, has been approved for post mortem examination, shall, unless the producer does not send the animal to a meat plant for the purposes described in subsection 84.16 (2),

(a) if the producer is not an examiner, present the carcass of the animal to an examiner for a post mortem examination immediately after slaughter and dressing; or

(b) if the producer is an examiner, conduct a post mortem examination of the carcass of the animal or present the carcass of the animal to another examiner for a post mortem examination immediately after slaughter and dressing.

(2) No producer of a food animal shall present the carcass of the animal for post mortem examination and no examiner shall conduct a post mortem examination of the carcass of a food animal, unless,

(a) the animal has been approved for post mortem examination in accordance with sections 84.16, 84.17 and 84.19;

(b) the animal has been slaughtered and exsanguinated in accordance with section 84.22 within 24 hours of being approved for post mortem examination; and

(c) the carcass of the animal has been dressed in accordance with section 84.23.

(3) An examiner who conducts a post mortem examination of the carcass of a food animal shall approve the carcass to enter a meat plant unless section 84.25, 84.26 or 84.27 applies to it.

Referral to regional veterinarian

84.25 (1) An examiner who conducts a post mortem examination of the carcass of a food animal shall refuse to approve the carcass to enter a meat plant and shall refer the carcass to a regional veterinarian if,

(a) it appears to the examiner that the carcass displays any deviation from normal appearance or other condition that leads the examiner to,

(i) suspect that the animal from which the carcass is derived had a reportable disease at the time of its slaughter,

(ii) believe that the carcass is likely to be significantly contaminated, or

(iii) believe that the carcass is likely to be affected by any disease, condition or substance that could make the carcass a significant risk to the health or safety of any person or animal; or

(b) the examiner has any reason to,

(i) suspect that the animal from which the carcass is derived had a reportable disease at the time of its slaughter,

(ii) believe that the carcass is likely to be significantly contaminated, or

(iii) believe that the carcass is likely to be affected by any disease, condition or substance that could make the carcass a significant risk to the health or safety of any person or other animal.

(2) If an examiner refers a carcass to a regional veterinarian under subsection (1) and the examiner is not the producer of the animal, the producer of the animal shall,

(a) hold the carcass in a location specified by the examiner at the producer’s premises where the animal was slaughtered; and

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

(3) If an examiner refers a carcass to a regional veterinarian under subsection (1) and the examiner is the producer of the animal, the producer of the animal shall,

(a) hold the carcass at the producer’s premises where the animal was slaughtered;

(b) if the regional veterinarian requires, keep the carcass in a location specified by the regional veterinarian at the premises; and

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

(4) The regional veterinarian may do any of the following:

1. Refer the carcass to a veterinary inspector for another post mortem examination of the carcass.

2. Order that the producer of the animal from which the carcass is derived no longer hold it in accordance with subsection (2) or (3) but hold it on the conditions that the regional veterinarian directs.

3. Subject to subsection (5), order that the carcass no longer be held.

4. Subject to subsection (5), approve the carcass to enter a meat plant and attach those conditions to the approval that the regional veterinarian deems appropriate.

(5) A regional veterinarian shall not take the action described in paragraph 4 of subsection (4) if the regional veterinarian,

(a) suspects that the animal from which the carcass is derived had a reportable disease at the time of its slaughter;

(b) is of the opinion that the carcass is likely to be significantly contaminated; or

(c) is of the opinion that the carcass is likely to be affected by a disease, condition or substance that could make the carcass a significant risk to the health or safety of any person or other animal.

(6) At any time after making an order that a carcass be held under paragraph 2 of subsection (4), the regional veterinarian may make an order under that subsection.

(7) If the regional veterinarian suspects that a carcass referred to the regional veterinarian under subsection (1) is derived from an animal that had a reportable disease at the time of its slaughter, the regional veterinarian shall notify a veterinary inspector designated under the Health of Animals Act (Canada) that the regional veterinarian suspects that the animal was at the time of slaughter affected by a reportable disease.

Carcass unfit to enter meat plant

84.26 (1) An examiner who conducts a post mortem examination of a carcass of a food animal shall refuse to approve the carcass to enter a meat plant if the animal from which the carcass is derived is a head of cattle and the examiner is of the opinion that the animal was 30 months of age or older at the time of its slaughter.

(2) An examiner who conducts a post mortem examination of a carcass of a food animal may refuse to approve the carcass to enter a meat plant if subsection 84.25 (1) does not require the examiner to refer the carcass to a regional veterinarian and the examiner is of the opinion that the carcass is unfit to enter a meat plant.

(3) A producer who disagrees with a decision of an examiner to refuse to approve a carcass to enter a meat plant under subsection (2) may request that a regional veterinarian refer the carcass to a veterinary inspector for another post mortem examination.

(4) A regional veterinarian who receives a request from a producer under subsection (3) may,

(a) refer the carcass to a veterinary inspector for another post mortem examination; and

(b) establish conditions for the post mortem examination by a veterinary inspector.

Response of veterinary inspector

84.27 (1) If, under paragraph 1 of subsection 84.25 (4) or clause 84.26 (4) (a), a regional veterinarian refers a carcass derived from a food animal to a veterinary inspector for another post mortem examination, the veterinary inspector shall approve the carcass to enter a meat plant unless the veterinary inspector takes an action described in subsection (4), (5), (7) or (8).

(2) A veterinary inspector who conducts a post mortem examination of a carcass under this section and who suspects that the carcass is derived from a food animal that had a reportable disease at the time of its slaughter shall notify a veterinary inspector designated under the Health of Animals Act (Canada) that the veterinary inspector suspects that the animal was affected by a reportable disease at the time of slaughter.

(3) A veterinary inspector who conducts a post mortem examination of the carcass under this section shall take an action described in subsection (4) if the veterinary inspector,

(a) suspects that the animal from which the carcass is derived had a reportable disease at the time of its slaughter;

(b) is of the opinion that the carcass is significantly contaminated; or

(c) is of the opinion that the carcass is affected by any disease, condition or substance that could make the carcass a significant risk to the health or safety of any person or other animal.

(4) The actions that a veterinary inspector is required to take under subsection (3) are any one of the following:

1. Ordering that the producer of the animal from which the carcass is derived condemn and dispose of the carcass at the producer’s expense.

2. Ordering that the producer of the animal from which the carcass is derived no longer hold the carcass in accordance with subsection 84.25 (2) but hold it on the conditions that the inspector directs.

(5) If the veterinary inspector who conducts a post mortem examination of a carcass derived from a food animal under this section is of the opinion that the carcass or part of the carcass is unfit to enter a meat plant, the veterinary inspector may do any of the following:

1. Refuse to approve carcass or any part of the carcass to enter a meat plant.

2. Order that the producer of the animal from which the carcass is derived no longer hold the carcass or any part of the carcass in accordance with subsection 84.25 (2) but hold it on the conditions that the veterinary inspector directs.

3. Subject to subsection (6), order that the carcass or part of the carcass no longer be held.

4. Subject to subsection (6), approve the carcass or any part of the carcass to enter a meat plant and attach those conditions to the approval that the inspector deems appropriate.

(6) A veterinary inspector shall not take the action described in paragraph 4 of subsection (5) if the veterinary inspector,

(a) suspects that the animal from which the carcass is derived had a reportable disease at the time of its slaughter;

(b) is of the opinion that the carcass is likely to be significantly contaminated; or

(c) is of the opinion that the carcass is likely to be affected by a disease, condition or substance that could make the animal a significant risk to the health or safety of any person or other animal.

(7) A veterinary inspector who, under this section, conducts a post mortem examination of the carcass of a food animal that is a head of cattle and who is of the opinion that the animal was 30 months of age or older at the time of its slaughter shall refuse to approve the carcass to enter a meat plant.

(8) At any time after making an order that a carcass be held under paragraph 2 of subsection (4) or paragraph 2 of subsection (5), the veterinary inspector,

(a) shall take all actions that the veterinary inspector is required to take under this section;

(b) shall refrain from taking any action that the veterinary inspector is prohibited from taking under this section; and

(c) may take any action that the veterinary inspector is authorized to take under this section.

Order for disposal of carcass

84.28 (1) If a veterinary inspector makes an order under paragraph 1 of subsection 84.27 (4), the producer of the food animal from which the carcass is derived shall condemn and dispose of the carcass in accordance with a method that the veterinary inspector specifies.

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

(a) seize the carcass;

(b) condemn it and dispose of it; and

(c) order the producer to pay for the condemnation and disposal.

Identification of carcass

84.29 (1) An examiner or veterinary inspector who receives a carcass of a food animal for post mortem examination may require the producer of the animal to identify the carcass or any part of the carcass through identifying marks or devices and corresponding records in a manner acceptable to the examiner or veterinary inspector, as the case may be, and to maintain the identification for the time that the examiner or veterinary inspector specifies.

(2) A veterinary inspector who orders the producer of a food animal to hold the carcass derived from the animal under paragraph 2 of subsection 84.27 (4) or to hold the carcass or any part of it under paragraph 2 of subsection 84.27 (5) may require the producer to identify the carcass or any part of it through identifying marks or devices and corresponding records in a manner acceptable to the veterinary inspector and to maintain the identification for the time that the veterinary inspector specifies.

(3) The producer shall comply with any requirements imposed by an examiner or veterinary inspector under this section.

Entry into Meat Plant

Approval to enter a meat plant

84.30 (1) If an examiner conducts a post mortem examination of a carcass derived from a food animal and, under subsection 84.24 (3), approves the carcass to enter a meat plant, the examiner shall, immediately after issuing the approval,

(a) legibly stamp the carcass with the examination stamp assigned to the examiner; and

(b) complete a certificate that complies with subsection 84.32 (1).

(2) If a regional veterinarian approves the carcass of a food animal to enter a meat plant under paragraph 4 of subsection 84.25 (4) or if a veterinary inspector approves the carcass of a food animal or any part of it to enter a meat plant under subsection 84.27 (1) or paragraph 4 of subsection 84.27 (5), the examiner who slaughtered the animal from which the carcass or the part of the carcass is derived or who was present when the animal was slaughtered shall,

(a) legibly stamp the carcass or the part of the carcass that has been approved to enter a meat plant with the examination stamp assigned to examiner; and

(b) complete a certificate that complies with subsection 84.32 (1).

(3) No person shall transport to or receive at a meat plant under subsection 84 (4) a carcass or part of a carcass that has been approved to enter a meat plant unless,

(a) the examiner has complied with subsection (1) or (2), as applicable; or

(b) the operator of the meat plant receives the carcass or the part of the carcass and condemns and disposes of it in accordance with subsection 84.34 (6).

Examination stamp on carcass

84.31 (1) No person other than the examiner to whom a director has assigned an examination stamp shall apply the stamp to a carcass or part of carcass derived from a food animal.

(2) No person shall apply an examination stamp to a carcass or part of a carcass of a food animal, unless the carcass or part of the carcass, in accordance with this Part, has received a post mortem examination and been approved to enter a meat plant.

(3) No person shall apply an examination stamp to,

(a) a carcass, part of a carcass or a meat product if the carcass, part of a carcass or product is described in clause 112 (1) (a);

(b) inedible material; or

(c) a hunted game carcass or a hunted game product.

(4) An examiner who applies the examination stamp to a carcass shall apply it to the interior surfaces of both sides of the carcass.

(5) An examiner who applies the examination stamp to a part of a carcass shall apply it to,

(a) the interior surface of both sides of the part of the carcass, if the part of the carcass contains two sides; or

(b) the interior surface of one side of the carcass, if the part of the carcass does not contain two sides.

(6) An examiner shall only use ink that is fit for human consumption to stamp the examination stamp on a carcass or part of a carcass.

Certificate

84.32 (1) The certificate required by subsection 84.30 (1) or (2) for a carcass or part of a carcass of a food animal that has been approved to enter a meat plant shall be in a form approved by a director and contain the following:

1. The examiner’s name and certificate number.

2. The name of the producer who owned the animal at time of slaughter and the address of the producer’s premises where the animal was slaughtered.

3. The species of the animal.

4. If the animal was a head of cattle, the age of the animal at the time of slaughter and the method used to determine the age.

5. The name of the examiner, veterinary inspector or regional veterinarian who approved the animal for post mortem examination.

6. The date and time that the animal was slaughtered.

7. The name of the examiner, veterinary inspector or regional veterinarian who approved the carcass or the part of the carcass to enter a meat plant.

8. The conditions attached under paragraph 4 of subsection 84.25 (4) or paragraph 4 of subsection 84.27 (5) to the approval of the carcass or the part of the carcass to enter a meat plant.

9. The number and address of the meat plant to which the carcass or the part of the carcass is to be transported and the name of the operator of the plant.

10. Any identifying marks or devices on the carcass or the part of the carcass.

11. A signed statement that, in the examiner’s opinion, the slaughter was carried out in substantial conformity with that section.

(2) An examiner who completes a certificate under subsection (1) shall keep a copy of the certificate for at least 12 months after the date it was issued and shall produce it to an inspector on request.

Operator’s duty to comply with conditions

84.33 If a carcass or part of the carcass of a food animal has received approval to enter a meat plant subject to conditions attached under paragraph 4 of subsection 84.25 (4) or paragraph 4 of subsection 84.27 (5), the operator of a meat plant that receives the carcass or the part of the carcass shall comply with the conditions.

Transport of carcass to meat plant

84.34 (1) If a carcass or part of the carcass of a food animal has been approved, in accordance with this Part, to enter a meat plant, no person shall transport it from the producer’s premises where the animal was slaughtered,

(a) to a meat plant, unless the person is an examiner or the producer who owned the animal at that time it was slaughtered;

(b) to any place other than a meat plant that is operated by a licensee and that a regional veterinarian has approved for the purposes of receiving and processing the carcass or part of the carcass under Part VIII.3; or

(c) to a meat plant operated by a licensee at any time other than a time when the operator of the plant has been authorized to receive and process the carcass or part of the carcass under Part VIII.3.

(2) A producer who ships, to a meat plant, a carcass or part of a carcass of a food animal that, in accordance with this Part, has been approved to enter a meat plant, shall ensure that,

(a) after post mortem examination, the carcass or part of the carcass is stamped with the examination stamp and promptly delivered by the producer or an examiner to a meat plant that is operated by a licensee and that a regional veterinarian has approved for the purposes of receiving and processing carcasses of food animals slaughtered on farms under Part VIII.3;

(b) the carcass or part of the carcass is transported to the meat plant only during a time that the operator of the meat plant has been authorized to receive the carcass or part of the carcass under Part VIII.3;

(c) the carcass or the part of the carcass is transported to the meat plant in accordance with subsections (4) and (5); and

(d) on delivery to the meat plant, the carcass or the part of the carcass is accompanied by a certificate that complies with subsection 84.32 (1).

(3) An examiner who transports, to a meat plant, a carcass or part of a carcass of a food animal that, in accordance with this Part, has been approved to enter a meat plant shall ensure that,

(a) the carcass or part of the carcass is transported to the meat plant in accordance with subsections (1), (4) and (5); and

(b) on delivery to the meat plant, the carcass or the part of the carcass is accompanied by a certificate that complies with subsection 84.32 (1).

(4) Subject to subsection (5), when a carcass or part of a carcass of a food animal that, in accordance with this Part, has been approved to enter a meat plant is transported to a meat plant, it shall be in a clean leakproof transport container and shall be transported in a manner so that the carcass or part of a carcass is securely fastened in the container, is protected from contamination and is not exposed to public view.

(5) If the skin has been removed from the carcass or part of the carcass on the producer’s premises, then, before it is placed in the transport container and transported to the meat plant, it shall be,

(a) thoroughly washed; and

(b) completely wrapped with material that is durable, free of contaminants and otherwise suitable for packaging meat products.

(6) If the carcass or part of a carcass of a food animal is delivered to a meat plant under subsection (1) and if it is not stamped with an examination stamp in accordance with section 84.31 and accompanied by a certificate that complies with subsection 84.32 (1), the operator of the plant may receive the carcass or part of the carcass only for the purpose of condemning it; in that case, the operator shall ensure that the carcass or part of the carcass is condemned and disposed of in accordance with section 91.

(7) If the operator fails to comply with subsection (6), an inspector may, without a hearing,

(a) seize the carcass or part of the carcass;

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

(c) order the operator to pay for the condemnation and disposal of the carcass or part of the carcass.

Non-application of other Parts

84.35 Parts IV to VII, sections 58 to 83 and Parts VIII.1, VIII.4 and X to XIV do not apply to a farm slaughtered carcass, a part of a farm slaughtered carcass or farm slaughtered products if the carcass, the parts of the carcass or the farm slaughtered products are consumed only,

(a) by the producer of the food animal from which the carcass, the parts of the carcass or the farm slaughtered products are derived or by the producer’s immediate family; and

(b) on the producer’s premises where the animal was raised and slaughtered.

Food Animals Not Processed Outside the Producer’s Premises But Used for Consumption on the Producer’s Premises

Non-application of other Parts

84.36 (1) In this section,

“premises”, in respect of the producer of a food animal that has been slaughtered, means the premises of the producer where the animal was raised and slaughtered.

(2) Parts III to VIII, sections 84.15 to 84.35 and Parts VIII.3 to XIV do not apply to a food animal or any carcass, parts of a carcass or meat products derived from it if,

(a) the animal has been approved for slaughter in accordance with Part VIII.1;

(b) the animal has been slaughtered on the premises of the producer of the animal by the producer or, if the animal is a head of cattle or a pig, by the producer or an examiner; and

(c) the animal, carcass, parts of a carcass and meat products have not been transported from the producer’s premises and are consumed only by the producer or the producer’s immediate family on the producer’s premises.

(3) Parts III to VIII.1, sections 84.15 to 84.35 and Parts VIII.3 to XIV do not apply to a food animal or any carcass, parts of a carcass or meat products derived from it if,

(a) the animal has been slaughtered on the premises of the producer of the animal by the producer or, if the animal is a head of cattle or a pig, by the producer or an examiner;

(b) the animal has been slaughtered for consumption by the producer or the producer’s immediate family;

(c) the producer of the animal does not present it for an ante mortem inspection in accordance with Part VIII.1;

(d) the producer of the animal does not present it for an ante mortem examination in accordance with this Part, if the producer is not an examiner;

(e) the producer of the animal does not conduct an ante mortem examination of the animal in accordance with this Part or present it to another examiner for an ante mortem examination in accordance with this Part, if the producer is an examiner; and

(f) the animal, carcass, parts of a carcass and meat products have not been transported from the producer’s premises and are consumed only by the producer or the producer’s immediate family on the producer’s premises.

(4) Parts III to VIII.1, sections 84.22 to 84.35 and Parts VIII.3 to XIV do not apply to a food animal that is a head of cattle under 30 months of age or a pig or any carcass, parts of a carcass or meat products derived from such a food animal if,

(a) the animal has been slaughtered on the premises of the producer of the animal by the producer or an examiner;

(b) the animal has been slaughtered for consumption by the producer or the producer’s immediate family;

(c) in accordance with this Part, the producer of the animal presents the animal for an ante mortem examination but not for a post mortem examination, if the producer is not an examiner;

(d) in accordance with this Part, the producer of the animal, if the producer is an examiner,

(i) conducts an ante mortem examination of the animal or presents it to another examiner for an ante mortem examination, and

(ii) does not conduct a post mortem examination of the carcass or present the carcass to another examiner for a post mortem examination; and

(e) the animal, carcass, parts of a carcass and meat products have not been transported from the producer’s premises and are consumed only by the producer or the producer’s immediate family on the producer’s premises.

(5) Parts III to VIII.1 and Parts VIII.3 to XIV do not apply to a food animal that is a head of cattle under 30 months of age or a pig or any carcass, parts of a carcass or meat products derived from such a food animal if,

(a) the animal has been slaughtered on the premises of the producer of the animal by the producer or an examiner;

(b) the animal has been slaughtered for consumption by the producer or the producer’s immediate family;

(c) the producer of the animal presents the carcass for a post mortem examination in accordance with this Part, if the producer is not an examiner;

(d) the producer of the animal conducts a post mortem examination in accordance with this Part or presents the carcass to another examiner for a post mortem examination in accordance with this Part, if the producer is an examiner; and

(e) the animal, carcass, parts of a carcass and meat products have not been transported from the producer’s premises and are consumed only by the producer or the producer’s immediate family on the producer’s premises.

Slaughter record

84.37 (1) Subject to subsection (3), an examiner who slaughters a food animal that is a head of cattle or a pig on the premises of the producer of the animal for consumption by the producer or the producer’s immediate family on the premises shall make a record of the slaughter that includes,

(a) the examiner’s name and certificate number;

(b) the name of the producer who owned the animal at the time of slaughter and the address of the producer’s premises where the animal was slaughtered;

(c) the species of the animal;

(d) the date and time that the animal was slaughtered; and

(e) any identifying marks or devices on the carcass of the animal.

(2) An examiner who makes a slaughter record under subsection (1) shall keep a copy of the record for at least 12 months after the date it was issued and shall produce it to an inspector on request.

(3) Subsection (1) does not apply to an animal, if the carcass of the animal or part of the carcass has been approved to enter a meat plant under this Part and an examiner completes a certificate for the carcass that complies with subsection 84.32 (1).

PART VIII.3
FARM SLAUGHTERED CARCASSES IN MEAT PLANTS

Entry of farm slaughtered carcass into meat plant

84.38 (1) The operator of a meat plant may receive a farm slaughtered carcass or part of a farm slaughtered carcass at the plant for any of the purposes described in subsection (2) so that the farm slaughtered products derived from the carcass or the part of it will be returned to the producer of the carcass for consumption by the producer or the producer’s immediate family on the producer’s premises if,

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

(b) the operator has established a farm slaughtered carcass protocol that satisfies the requirements set out in subsection (3);

(c) a regional veterinarian, under section 84.39, has approved the plant for the purposes of receiving farm slaughtered carcasses; and

(d) the operator receives the carcass or the part of it at a time approved by the regional veterinarian mentioned in clause (c).

(2) The purposes mentioned in subsection (1) are,

(a) skinning the carcass or the part of it;

(b) removing the feet from the carcass or the part of it;

(c) cutting wrapping or freezing the carcass or the part of it or grinding meat derived from the carcass or the part of it; and

(d) processing ham, bacon or sausage from the carcass or the part of it if the carcass or the part of it is derived from a pig.

(3) A farm slaughtered carcass protocol for a meat plant shall be in writing and shall specify the manner in which,

(a) farm slaughtered carcasses and parts of them shall be skinned at the plant;

(b) farm slaughtered carcasses, parts of them and farm slaughtered products shall be processed, handled, packaged and stored at the plant;

(c) the facilities, equipment and utensils of the plant that are used for skinning farm slaughtered carcasses and parts of them or used for the processing, handling, packaging or storage of farm slaughtered carcasses, parts of them and farm slaughtered products shall be cleaned and sanitized; and

(d) the premises, facilities, equipment and utensils of the plant and the following items at the plant shall be protected against contamination by farm slaughtered carcasses, parts of them and farm slaughtered products:

(i) food animals,

(ii) carcasses and parts of them that are derived from food animals and that are not farm slaughtered carcasses,

(iii) meat products.

Approval of meat plant

84.39 (1) A regional veterinarian may approve a meat plant for the purposes of receiving farm slaughtered carcasses for,

(a) one period of one or more consecutive weeks to a maximum of 12 consecutive weeks,

(i) between September 15 and December 31 in 2008,

(ii) between September 1 and December 31 in a year after 2008; and

(b) one period of one or more consecutive weeks to a maximum of four consecutive weeks between March 1 and April 30 in a year.

(2) A regional veterinarian may refuse to approve a meat plant for the purposes of receiving farm slaughtered carcasses if of the opinion that,

(a) the farm slaughtered carcass protocol for the plant does not comply with subsection 84.38 (3);

(b) the protocol is insufficient to protect the premises, facilities, equipment and utensils of the plant and the following items at the plant against contamination by farm slaughtered carcasses, parts of them and farm slaughtered products:

(i) food animals,

(ii) carcasses and parts of them that are derived from food animals and that are not farm slaughtered carcasses,

(iii) meat products;

(c) the operator is not in a position to comply with the protocol; or

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

(3) A regional veterinarian may at any time suspend or revoke an approval of a meat plant to receive farm slaughtered carcasses,

(a) for any reason that the veterinarian could refuse to approve the plant under subsection (2); or

(b) if of the opinion that the operator or a person under his or her control is not complying with the farm slaughtered carcass protocol, section 84 or 84.33, subsection 84.34 (6) or this Part.

Records of farm slaughtered carcasses

84.40 (1) The operator of a meat plant that receives a farm slaughtered carcass or part of a farm slaughtered carcass shall make and keep at the plant for at least 12 months from the time at which the carcass or the part of it was received at the plant, a record of the carcass in a form acceptable to a director.

(2) The record shall include,

(a) the date on which the carcass or the part of it was received;

(b) the name and address of the person who delivered the carcass or the part of it to the plant;

(c) the name and address of the producer of the carcass or the part of it; and

(d) the species of the food animal.

(3) In addition to the record required under subsection (1), the operator shall keep at the meat plant for at least 12 months from the time at which the carcass or the part of it was received at the plant, a copy of the certificate that accompanied the carcass or the part of it to the plant and that complies with subsection 84.32 (1).

Handling and storage

84.41 (1) The operator of a meat plant that receives a farm slaughtered carcass or part of a farm slaughtered carcass shall ensure that the carcass or the part of it is skinned, trimmed and washed and the feet are removed from the carcass in a manner that prevents contamination of the premises, facilities, equipment and utensils of the plant and the following items at the plant:

1. Food animals.

2. Carcasses or parts of them that are derived from food animals and that are not farm slaughtered carcasses.

3. Meat products.

(2) The operator of the meat plant shall ensure that every farm slaughtered carcass, every part of a farm slaughtered carcass and every farm slaughtered 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, the part of it or the product is on the plant premises.

(3) The operator of the meat plant shall ensure that every skinned farm slaughtered carcass, every part of such a carcass and every farm slaughtered product is packaged and stored in a cooler or freezer at the plant in a manner that prevents it from contaminating the following items in the cooler or freezer:

1. Carcasses or parts of them that are derived from food animals and that are not farm slaughtered carcasses.

2. Meat products.

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

(a) no farm slaughtered carcass, no part of a farm slaughtered carcass or no farm slaughtered product is in a room or area at the plant that contains a carcass or part of a carcass that is derived from a food animal and that is not a farm slaughtered carcass, unless the farm slaughtered carcass, the part of it or the farm slaughtered product is stored in a cooler or freezer in accordance with subsection (3); and

(b) no farm slaughtered carcass, no part of a farm slaughtered carcass or no farm slaughtered product is in a room or area at the plant that contains a meat product unless,

(i) the meat product is an ingredient in a farm slaughtered product that will be processed using the farm slaughtered carcass, the part of it or the farm slaughtered product, or

(ii) the farm slaughtered carcass, the part of it or the farm slaughtered product is stored in a cooler or freezer in accordance with subsection (3).

(5) Subject to subsection (6), the operator of the meat plant shall ensure that equipment, utensils and food contact surfaces that have been in contact with a farm slaughtered carcass, a part of a farm slaughtered carcass, a farm slaughtered product or inedible material derived from such a carcass, part of such a carcass or a farm slaughtered product are effectively cleaned and sanitized before their use in connection with carcasses or parts of them that are derived from a food animal and that are not farm slaughtered carcasses or in connection with a meat product.

(6) The 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 if the meat product is an ingredient in a farm slaughtered product.

Disinfection of plant

84.42 (1) A regional veterinarian may order the operator of a meat plant to disinfect the plant if of the opinion a farm slaughtered carcass, a part of a farm slaughtered carcass or a farm slaughtered product is likely to contaminate the premises, facilities, equipment or utensils of the plant or any of the following items at the plant:

1. Food animals.

2. Carcasses or parts of carcasses that are derived from food animals and that are not farm slaughtered carcasses.

3. Meat products.

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

Mandatory condemnation

84.43 (1) An operator of a meat plant who knows or has reasonable grounds to suspect that a farm slaughtered carcass, a part of a farm slaughtered carcass or a farm slaughtered product is likely to contaminate the premises, facilities, equipment or utensils of the plant or any of the items listed in the paragraphs of subsection 84.42 (1) at the plant shall,

(a) promptly condemn the carcass, the part of it or the product;

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

(c) dispose of it in accordance with section 91.

(2) An inspector may order an operator of a meat plant to take any of the actions described in clauses (1) (a) to (c) if the inspector is of the opinion that a farm slaughtered carcass, a part of a farm slaughtered carcass or a farm slaughtered product is likely to contaminate the premises, facilities, equipment or utensils of the plant or any of the items listed in the paragraphs of subsection 84.42 (1) at the plant.

(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 farm slaughtered carcass, the part of it or the farm slaughtered product;

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

(c) order the operator to pay for the condemnation and disposal.

Voluntary condemnation

84.44 (1) The operator of a meat plant may voluntarily condemn a farm slaughtered carcass, a part of a farm slaughtered carcass or a farm slaughtered product if,

(a) an inspector has not detained or seized the carcass, the part of it or the product under the Act; or

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

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

(3) An operator of a meat plant who condemns a farm slaughtered carcass, a part of it or a farm slaughtered 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 or area 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 farm slaughtered carcass, the part of it or the farm slaughtered product;

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

(c) order the operator to pay for the condemnation and disposal.

Return to producer

84.45 (1) Subject to subsections (2) and (3), an operator of a meat plant that receives a farm slaughtered carcass or part of a farm slaughtered carcass shall ensure that all farm slaughtered products derived from the carcass or the part of it are returned from the plant to the producer of the food animal from which the carcass is derived within 28 days of receiving the carcass.

(2) If a regional veterinarian suspends or revokes the approval of a meat plant to receive farm slaughtered carcasses, the operator of the plant shall ensure that,

(a) all farm slaughtered carcasses and parts of them at the plant are immediately returned from the plant to the respective producers of the food animals from which the carcasses are derived; and

(b) all farm slaughtered products at the plant are immediately returned from the plant to the producers of the food animals from whose farm slaughtered carcasses the products are derived.

(3) Subsections (1) and (2) do not apply to a farm slaughtered carcass, a part of a farm slaughtered carcass or a farm slaughtered product if,

(a) an inspector has detained or seized the carcass, the part of it or the product under the Act;

(b) the operator or an inspector has condemned the carcass, the part of it or the product under section 84.43 or 84.44 or is required to condemn the carcass, the part of it or the product under section 84.43; or

(c) the carcass, the part of it or the product is inedible material.

(4) If the operator does not return all farm slaughtered products at the plant derived from the carcass or the part of it to the producer of the carcass within the time specified in subsection (1) or if the operator does not immediately return all farm slaughtered carcasses, all parts of them and all farm slaughtered products at the plant in accordance with subsection (2) after the approval of the plant to receive farm slaughtered carcasses is suspended or revoked, the operator shall,

(a) promptly condemn the carcass, the part of it and any farm slaughtered product derived from the carcass or the part of it;

(b) convey the carcass, the part of it and any farm slaughtered products derived from the carcass or the part of it immediately to the inedible materials room or area of the plant; and

(c) dispose of the carcass, the part of it and any farm slaughtered product derived from the carcass or the part of it in accordance with section 91.

(5) If the operator does not comply with subsection (4), an inspector may order the operator to take any of the actions described in clauses (4) (a) to (c).

(6) An inspector who makes an order under subsection (5) may attach conditions to the order if they are relevant to the condemnation and disposal.

(7) If an operator does not comply with subsection (1) or (2) or with an order made under subsection (5), an inspector may, without a hearing,

(a) seize the carcass, the part of it and any farm slaughtered product derived from the carcass or the part of it;

(b) condemn the carcass, the part of it and any farm slaughtered product derived from the carcass or the part of it and dispose of the carcass, the part of it and the farm slaughtered products or arrange for their condemnation and disposal; and

(c) order the operator to pay for the condemnation and disposal.

Labelling

84.46 (1) The operator of a meat plant that receives a farm slaughtered carcass or part of a farm slaughtered carcass shall ensure that every farm slaughtered product derived from the carcass or the part of it is labelled “Producer 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 stamp a label on a farm slaughtered product directly under subsection (1), only ink that is fit for human consumption shall be used.

Part VIII.4
hunted game carcasses

Entry of hunted game carcass into meat plant

84.47 (1) 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 subsection (2); and

(c) a regional veterinarian, under section 84.48, has approved the plant for the purposes of receiving and processing hunted game carcasses.

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

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

Approval of meat plant

84.48 (1) A regional veterinarian may refuse to approve a meat plant for the purposes of receiving hunted game carcasses under this Part if of the opinion that,

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

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

(c) the operator is not in a position to comply with the protocol; or

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

(2) A regional veterinarian may at any time suspend or revoke an approval of a meat plant to receive and process hunted game carcasses,

(a) for any reason that approval could be refused under subsection (1); or

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

Records of hunted game carcasses

84.49 (1) The operator of a meat plant that receives a hunted game carcass shall make and keep at the plant for at least 12 months from the time at which the carcass was received at the plant, a record of the carcass in writing and in a form acceptable to a director.

(2) The record shall include,

(a) the date on which the carcass was received;

(b) the name and address of the person who delivered the carcass to the plant;

(c) the name and address of the person who killed the hunted game animal;

(d) the species and gender of the hunted game animal; and

(e) the game seal number, if a game seal was attached to the carcass when it was received.

Handling and storage

84.50 (1) The operator of a meat plant that receives a hunted game carcass shall ensure that the 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 the meat plant shall ensure that every hunted game carcass and hunted game 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 plant premises.

(3) The operator of the 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 in the cooler or freezer.

(4) The operator of the 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 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, unless,

(i) the meat product 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 the 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 effectively cleaned and sanitized before their use in connection with a carcass, a part of a carcass or a meat product.

(6) The 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 if the meat product is an ingredient in a hunted game product.

Disinfection of plant

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

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

Mandatory condemnation

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

(a) promptly condemn the carcass or product;

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

(c) dispose of it in accordance with section 91.

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

(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

(c) order the operator to pay for the condemnation and disposal.

Voluntary condemnation

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

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

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

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

(3) An operator of a meat plant 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 or area 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

(c) order the operator to pay for the condemnation and disposal.

Return to owner

84.54 (1) If a regional veterinarian suspends or revokes the approval of a meat plant to receive hunted game carcasses, the operator of the plant shall ensure that,

(a) all hunted game carcasses at the plant are immediately returned from the plant to the owners of the hunted game carcasses; and

(b) all hunted game products at the plant are immediately returned from the plant to the owners of the hunted game carcasses from which the hunted game carcasses are derived.

(2) Subsection (1) does not apply to a hunted game carcass or a hunted game product if,

(a) an inspector has detained or seized the carcass or product under the Act;

(b) the operator or an inspector has condemned the carcass or product under section 84.52 or 84.53 or is required to condemn the carcass or product under section 84.52; or

(c) the carcass or product is inedible material.

(3) If the operator does not immediately return all hunted game carcasses and hunted game products at the plant in accordance with subsection (1) after the approval of the plant to receive hunted game carcasses is suspended or revoked, the operator shall,

(a) promptly condemn the carcass and any hunted game product derived from the carcass;

(b) convey the carcass and any hunted game products derived from the carcass immediately to the inedible materials room or area of the plant; and

(c) dispose of the carcass and any hunted game product derived from the carcass in accordance with section 91.

(4) If the operator does not comply with subsection (3), an inspector may order the operator to take any of the actions described in clauses (3) (a) to (c).

(5) An inspector who makes an order under subsection (4) may attach conditions to the order if they are relevant to the condemnation and disposal.

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

(a) seize the carcass and any hunted game product derived from the carcass;

(b) condemn the carcass and any hunted game product derived from the carcass and dispose of carcass and hunted game products or arrange for their condemnation and disposal; and

(c) order the operator to pay for the condemnation and disposal.

Labelling

84.55 (1) The operator of a meat plant that receives a hunted game carcass shall ensure that every hunted game product derived from the carcass 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 stamp a label on a hunted game product directly under subsection (1), only ink that is fit for human consumption shall be used.

14. Part XIV.1 (sections 138.1 to 138.5) of the Regulation is revoked.

15. This Regulation comes into force on May 1, 2008.