O. Reg. 205/19: MEAT
filed June 14, 2019 under Food Safety and Quality Act, 2001, S.O. 2001, c. 20
Skip to contentontario regulation 205/19
made under the
Food Safety and Quality Act, 2001
Made: May 30, 2019
Filed: June 14, 2019
Published on e-Laws: June 14, 2019
Printed in The Ontario Gazette: June 29, 2019
Amending O. Reg. 31/05
(MEAT)
1. The definition of “freestanding meat plant” in subsection 1 (1) of Ontario Regulation 31/05 is amended by striking out “except as provided in subsection (2.1)” in the portion before clause (a).
2. Paragraph 2 of subsection 3 (7) of the Regulation is revoked and the following substituted:
2. The slaughter was performed on the producer’s premises by one of the following persons:
i. The producer.
ii. A person acting on the direction of the producer.
iii. If the animal is a head of cattle or a pig, an examiner.
3. Section 11 of the Regulation is revoked and the following substituted:
No expiry of licence
11. (1) It is a condition of every licence issued under this Regulation that the licence shall not expire, subject to subsections (3) and (4).
(2) Subsection (1) applies to a licence that was issued before July 1, 2019 and is still valid on that date despite any expiry date that may be contained on the face of the licence.
(3) A licence shall expire on the day the licensee surrenders the licence to a director.
(4) A director may, upon issuing or renewing a licence, impose an expiry date on the licence as a condition of the licence if the director is of the opinion that the past conduct of the applicant or licensee, or if the applicant or licensee is a corporation, of an officer director or employee of the applicant or licensee, is such that it would be in the public interest to require the applicant or licensee to renew the licence.
(5) If a director imposes an expiry date on a licence under subsection (4), the licensee must apply for the renewal of the licence no later than 60 days before its expiry in order for the licence to be deemed to continue under subsection 6 (6) of the Act.
4. (1) Subsection 12 (1) of the Regulation is amended by striking out “an alteration in a meat plant” and substituting “an alteration with respect to a meat plant”.
(2) The definition of “alteration” in subsection 12 (2) of the Regulation is amended by striking out “or” at the end of clause (b), by adding “or” at the end of clause (c) and by adding the following clause:
(d) a change to the list of names of persons, including corporations, that are operators of the plant, the list having been submitted to the director along with the licensee’s application for the issuance or renewal of the licence under clause 6 (1) (b).
5. Subsections 32 (2), (3) and (4) of the Regulation are revoked.
6. Subsection 35 (3) of the Regulation is revoked.
7. Clause 52 (1) (a) of the Regulation is amended by striking out “subsection 83 (6)” and substituting “subsections 83 (4) and (5)”.
8. (1) Subsection 75 (8) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:
(8) Clauses (2) (a), (b) and (c) do not apply to a person who slaughters a food animal at a slaughter plant in accordance with religious practice and ritual and who,
. . . . .
(2) Clause 75 (8) (c) of the Regulation is revoked and the following substituted:
(c) ensures the animal is unconscious before it is wholly or partially hoisted or suspended for the purpose of slaughter unless the animal is a bird, other than a ratite, and is bled immediately after being suspended; and
9. Subsection 83 (10) of the Regulation is revoked and the following substituted:
(10) The cooling and temperature requirements in subsections (1) to (4) and (6) do not apply to the operator of a slaughter plant in respect of a carcass, a part of a carcass or a meat product derived from a food animal that was slaughtered in accordance with this Part and with religious practice and ritual at the plant during an exemption period if, before the beginning of the exemption period,
(a) the operator submits to an inspector a request for a religious observance exemption from the temperature and cooling requirements; and
(b) the inspector who receives the request under clause (a) directs in writing that the religious observance exemption from cooling and temperature requirements shall be in effect for the exemption period specified in the direction.
(11) A request for a religious observance exemption made under clause (10) (a) shall be in a form acceptable to the inspector and shall set out,
(a) the period of time that the exemption is required;
(b) an estimate of the number and species of food animals that will be slaughtered in accordance with the religious practice and ritual under the religious observance exemption;
(c) an estimate of the amount of carcasses, parts of carcasses and meat products derived from food animals referred to in clause (b) that will be sold directly to consumers; and
(d) an estimate of the amount of carcasses, parts of carcasses and meat products derived from food animals referred to in clause (b) that will be sold to persons other than consumers, if any.
(12) An inspector who receives a request from an operator of a slaughter plant for a religious observance exemption from cooling and temperature requirements shall direct that the exemption be in effect for a specified exemption period only if he or she is satisfied that,
(a) all of the carcasses, parts of carcasses and meat products derived from food animals slaughtered at the plant in accordance with religious practice and ritual to which the cooling and temperature requirements in subsections (1) to (4) and (6) will not apply under the exemption, will be sold by the operator directly to consumers; or
(b) the carcasses, parts of carcasses and meat products derived from food animals slaughtered at the plant in accordance with religious practice and ritual to which the cooling and temperature requirements in subsections (1) to (4) and (6) will not apply under the exemption may be sold by the operator either directly to the consumer or to any other person, but the operator will ensure that,
(i) the carcasses or parts of carcasses are treated with a microbial intervention that is sufficient to reduce or eliminate microbial loads that pose a risk to human health, except in the case of parts of carcasses that constitute inedible material or are condemned,
(ii) a tag or label is firmly attached to the carcasses, parts of carcasses or meat products that are to be sold indicating to the purchaser that,
(A) the carcass of the food animal may not have been cooled immediately after slaughter, and
(B) care should be taken to ensure proper cooling temperatures and cooking temperatures are maintained prior to consumption, and
(iii) any carcasses, parts of carcasses or meat products that are sold to persons other than consumers are shipped from the plant in transport containers that meet the requirements of subsection 134 (1).
(13) If an inspector directs that a religious observance exemption from cooling and temperature requirements be in effect for an exemption period, the exemption shall,
(a) be in effect for the exemption period specified in the direction; and
(b) exempt the operator of the slaughter plant from subsection (1), (2), (3), (3.1), (4) or (6) or from any combination of those subsections, as specified in the direction, for every day during the exemption period, subject to subsection (14).
(14) If, at the end of any working day during the exemption period, there remains at the plant any carcass, part of a carcass or meat product that has not complied with the cooling and temperature requirements of subsections (1) to (4) and (6), the operator shall ensure that,
(a) the carcass, part of a carcass or meat product is cooled in accordance with subsections (2) to (3.1) and is kept refrigerated or frozen in accordance with subsection (4) starting at the end of working day; and
(b) the requirements in clause (12) (b) continue to apply where applicable.
(15) If a religious observance exemption is in effect for an exemption period at a slaughter plant, the operator shall prepare daily reports in a form acceptable to the inspector during the exemption period and submit them to the inspector.
(16) A daily report required under subsection (15) shall set out,
(a) the number and species of food animals slaughtered each day whose carcasses, parts of carcasses or meat products derived therefrom were subject to a religious observance exemption from cooling and temperature requirements;
(b) whether the carcasses, parts of carcasses or meat products derived from the food animals have or will be sold directly to a consumer or to a person other than a consumer; and
(c) where applicable, the microbial intervention that was used to comply with sub-clause (12) (b) (i).
(17) If a carcass or a part of a carcass derived from a food animal that was slaughtered in accordance with religious practice and ritual and was subject to a religious observance exemption at a slaughter plant is shipped from the slaughter plant to a freestanding meat plant, the operator of the freestanding meat plant who receives the carcass or the part of the carcass shall follow the requirements of subsections (2) to (3.1) to ensure that the carcass or part of the carcass is cooled to the required temperatures before maintaining it at the proper temperature in accordance with subsection (5).
(18) Nothing in subsection (17) shall prevent the operator of a freestanding meat plant from carrying out either of the following activities with respect to a carcass or part of a carcass referred to in subsection (17) that is received at the freestanding meat plant, if it is done on the day the food animal was slaughtered:
1. Selling the carcass or part of the carcass before it has been cooled to the required temperature.
2. Engaging in the processing of the carcass or part of the carcass before it has been cooled to the required temperature.
10. Subsection 84 (3) of the Regulation is amended by striking out “Part VIII.2” at the end and substituting “Part VIII.4”.
11. Subsection 84.1 (3) of the Regulation is amended by striking out “the inspections referred to in clauses (2) (a) and (b)” and substituting “the inspection referred to in clause (2) (a)”.
12. Subsection 84.10 (2) of the Regulation is revoked and the following substituted:
(2) The post mortem inspection shall be performed by a veterinary inspector if having a veterinary inspector perform the post mortem inspection is required as a condition of the slaughter by any person with the authority to do so.
13. (1) Clause 84.36 (2) (b) of the Regulation is revoked and the following substituted:
(b) the animal has been slaughtered on the premises of the producer of the animal by,
(i) the producer or a person acting on the direction of the producer, or
(ii) if the animal is a head of cattle or a pig, the producer, a person acting on the direction of the producer or an examiner; and
(2) Clause 84.36 (3) (a) of the Regulation is revoked and the following substituted:
(a) the animal has been slaughtered on the premises of the producer of the animal by,
(i) the producer or a person acting on the direction of the producer, or
(ii) if the animal is a head of cattle or a pig, the producer, a person acting on the direction of the producer or an examiner;
(3) Clause 84.36 (4) (a) of the Regulation is revoked and the following substituted:
(a) the animal has been slaughtered on the premises of the producer of the animal by the producer, a person acting on the direction of the producer or an examiner;
(4) Clause 84.36 (5) (a) of the Regulation is revoked and the following substituted:
(a) the animal has been slaughtered on the premises of the producer of the animal by the producer, a person acting on the direction of the producer or an examiner;
14. Subsection 84.39 (1) of the Regulation is revoked and the following substituted:
(1) A director may approve a meat plant for the purposes of receiving farm slaughtered carcasses for one or more periods of time specified in the approval that fall between September 1 of any given year and April 30 of the following year.
15. The title to Part VIII.4 of the Regulation is revoked and the following substituted:
part viii.4
Hunted game carcasses and products
16. (1) Subsection 84.47 (1) of the Regulation is revoked and the following substituted:
Entry of hunted game carcass and products into meat plant
(1) The operator of a meat plant may receive hunted game carcasses and hunted game products at the plant for the purposes of dressing, cutting, wrapping or freezing the carcasses for the owner of the carcasses or of processing for the owner of the carcasses any hunted game products that were received or derived from the carcasses at the plant if,
(a) the operator does not have any reason to believe that the carcasses or products are contaminated;
(b) the operator has established a hunted game protocol that satisfies the requirements set out in subsection (2); and
(c) a director has approved the plant under section 84.48 for the purposes of receiving and processing hunted game carcasses and hunted game products.
(2) Subsection 84.47 (2) of the Regulation is amended by striking out “A hunted game carcass protocol” at the beginning and substituting “A hunted game protocol”.
17. (1) Subsection 84.48 (1) of the Regulation is amended by striking out “hunted game carcasses” in the portion before clause (a) and substituting “hunted game carcasses or hunted game products”.
(2) Clause 84.48 (1) (a) of the Regulation is amended by striking out “the hunted game carcass protocol” at the beginning and substituting “the hunted game protocol”.
(3) Subsection 84.48 (2) of the Regulation is amended by striking out “hunted game carcasses” at the end of the portion before clause (a) and substituting “hunted game carcasses or hunted game products, or both”.
(4) Clause 84.48 (2) (b) of the Regulation is amended by striking out “hunted game carcass protocol” and substituting “hunted game protocol”.
18. (1) Subsection 84.49 (1) of the Regulation is revoked and the following substituted:
Records of hunted game carcasses or hunted game products
(1) The operator of a meat plant that receives a hunted game carcass or hunted game product shall make and keep at the plant for at least 12 months from the time at which the carcass or product was received at the plant, a record of the carcass or product in writing and in a form acceptable to a director.
(2) Clause 84.49 (2) (a) of the Regulation is amended by striking out “carcass” and substituting “carcass or product”.
(3) Clause 84.49 (2) (b) of the Regulation is amended by striking out “carcass” and substituting “carcass or product”.
19. Subsection 84.50 (1) of the Regulation is revoked and the following substituted:
Handling and storage
(1) The operator of a meat plant that receives a hunted game carcass or a hunted game product shall ensure that the carcass or product is skinned, trimmed and washed in a manner that prevents contamination of the premises, facilities, equipment and utensils of the plant and of food animals, carcasses, parts of carcasses or meat products at the plant.
20. Subsection 84.53 (1) of the Regulation is amended by striking out “or product derived from such a carcass” in the portion before clause (a) and substituting “or a hunted game product, whether received at the plant or derived at the plant from a carcass it received”.
21. (1) Subsection 84.54 (1) of the Regulation is revoked and the following substituted:
(1) If a director suspends or revokes the approval of a meat plant to receive hunted game carcasses and hunted game products, the operator of the plant shall ensure that,
(a) all hunted game carcasses previously received at the plant and all hunted game products derived at the plant from such carcasses are immediately returned from the plant to the owners of the carcasses; and
(b) all hunted game products previously received at the plant and all hunted game products derived at the plant from such products are immediately returned from the plant to the persons who provided the products to the plant.
(2) Subsection 84.54 (3) of the Regulation is revoked and the following substituted:
(3) If the operator does not return all hunted game carcasses and hunted game products at the plant in accordance with subsection (1) immediately after the suspension or revocation of the approval of the plant to receive hunted game carcasses and hunted game products, the operator shall,
(a) promptly condemn any hunted game carcasses and hunted game products that the operator was required to return under subsection (1);
(b) convey the condemned carcasses and products to the inedible materials room or area of the plant; and
(c) dispose of the condemned carcasses and products in accordance with section 91.
(3) Subsection 84.54 (6) of the Regulation is revoked and the following substituted:
(6) If an operator does not comply with subsection (1) or (3) or with an order made under subsection (4), an inspector may, without a hearing,
(a) seize any hunted game carcasses or hunted game products in respect of which the operator failed to take action under subsection (1) or (3) or under an order made under subsection (4);
(b) condemn the seized carcasses and products and dispose of them or arrange for their condemnation and disposal; and
(c) order the operator to pay for the condemnation and disposal.
22. Subsection 84.55 (1) of the Regulation is revoked and the following substituted:
Labelling
(1) The operator of a meat plant that receives hunted game carcasses or hunted game products shall ensure that every hunted game product that is produced or further processed at the plant is labelled “Consumer Owned, Not for Sale” or “Consumer Owned, Not for Sale/Propriété du consommateur — non destiné à la vente” in legible letters not less than 1.25 cm high before the product is shipped from the plant.
23. Subsection 124 (2) of the Regulation is amended by striking out “subsections (3) and (4)” and substituting “subsection (3)”.
24. (1) Subsection 126 (1) of the Regulation is amended by striking out “slaughter plant” and substituting “meat plant”.
(2) Clause 126 (2) (f) of the Regulation is amended by striking out “slaughter plant” and substituting “meat plant”.
25. Subsection 134 (1) of the Regulation is amended by adding the following paragraph:
5.2 If it transports carcasses, parts of carcasses or meat products that have been subject to a religious observance exemption from cooling and temperature requirements under subsection 83 (10), it must be equipped to cool the carcasses, parts of carcasses or meat products to an internal temperature of 4 degrees Celsius or less.
Commencement
26. This Regulation comes into force on the later of July 1, 2019 and the day it is filed.