O. Reg. 267/09: Weighing of Carcasses

 

ontario regulation 267/09

made under the

beef cattle marketing act

Made: July 15, 2009
Filed: July 16, 2009
Published on e-Laws: July 17, 2009
Printed in The Ontario Gazette: August 1, 2009

Amending Reg. 55 of R.R.O. 1990

(Weighing of Carcasses)

1. (1) The definition of “beef carcass” in section 1 of Regulation 55 of the Revised Regulations of Ontario, 1990 is revoked and the following substituted:

“beef carcass” has the same meaning as in the Livestock and Poultry Carcass Grading Regulations (Canada);

(2) The definition of “graded” in section 1 of the Regulation is amended by striking out “the Farm Products Grades and Sales Act” and substituting “the Food Safety and Quality Act, 2001”.

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

“grader” means a person appointed under the Food Safety and Quality Act, 2001 or the Canada Agricultural Products Act for the purpose of grading beef carcasses and veal carcasses;

(4) The definition of “veal carcass” in section 1 of the Regulation is revoked and the following substituted:

“veal carcass” has the same meaning as in the Livestock and Poultry Carcass Grading Regulations (Canada).

2. Section 4 of the Regulation is amended by striking out “Commissioner” and substituting “director”. 

3. (1) Subsection 5 (1) of the Regulation is revoked and the following substituted:

(1) Subject to subsections (4), (5) and (6), every operator who purchases a head of cattle shall ensure that,

(a) the carcass is weighed and graded; and

(b) a copy of the grading certificate issued under the Food Safety and Quality Act, 2001 or under the Canada Agricultural Products Act is delivered to the person from whom the operator purchased the head of cattle. 

(2) Subsection 5 (3) of the Regulation is revoked and the following substituted:

(3) After the weighing of each lot of carcasses, the scale operator shall, at the next interruption of the kill,

(a) sign a completed copy of the weight sheet; and

(b) where rail scales having an automatic printing device were used, ensure that a copy of each scale ticket upon which the weight of a carcass in the lot is recorded is attached to the weight sheet.

(3.1) Upon the request of an inspector, the scale operator shall provide the inspector with a signed copy of the weight sheet.

(3) Section 5 of the Regulation is amended by adding the following subsections:

(5) An operator is not required to grade cull cows that are bought on the basis of carcass weight. 

(6) A director may, in writing, exempt an operator from the requirement to grade veal carcasses if the operator provides the director with kill records and financial records that demonstrate that, on average, the operator purchases fewer than 50 veal calves per month on the basis of carcass weight. 

4. Section 6 of the Regulation is revoked and the following substituted: 

6. Every inspector may,

(a) check the weight of items comprising the tare allowance on a random basis in order to verify whether or not,

(i) there is uniformity of tare for all carcasses, and

(ii) the operator of the plan is conforming, within plus or minus one-half pound or, where the plant is using metric weights within plus or minus 225 grams, to the plant standard referred to in clause 7 (f);

(b) mark and set aside any tare items that in the inspector’s opinion do not comply with clause 7 (f) and, where he or she is satisfied such tare items subsequently comply, release the tare items for use in the plant;

(c) advise the operator of any action necessary to achieve compliance with the Act or this Regulation; and

(d) order the operator to reweigh any carcasses that, in the inspector’s opinion, may not have been weighed or recorded properly. 

5. (1) Clause 7 (b) of the Regulation is amended by striking out “Commissioner” and substituting “director”. 

(2) Section 7 of the Regulation is amended by striking out “and” at the end of clause (f) and by adding the following clauses:

(h) check the accuracy of the weighing mechanism and the accuracy of the tare adjustment at least twice each day on days when carcasses are weighed for settlement on the basis of carcass weight;

(i) check every scale used for the weighing of carcasses at least daily, on days when carcasses are weighed for settlement on the basis of carcass weight to verify whether or not the scale is maintained in sound working order;

(j) check the weight of items comprising the tare allowance on a random basis in order to verify whether or not there is uniformity of tare for all carcasses;

(k) check that the tare complies with the plant standard referred to in clause (f);

(l) post a notice on every scale, signed by himself or herself, indicating the plant standard tare weight;

(m) report any malfunction of scales or any other irregularity affecting weight or sale price to the director within twenty-four hours; and

(n) prior to grading, provide to the grader assigned to the plant, the weight sheet referred to in subsection 5 (3) and the manifest referred to in clause (g). 

6. This Regulation comes into force on the later of October 1, 2009 and the day this Regulation is filed.