Safe Food for Canadians Regulations (SOR/2018-108)

Marginal note:Grounds for suspension

161 The Minister may suspend a licence holder’s authorization to conduct a post-mortem examination program or a post-mortem defect management program if

• (a) the licence holder does not comply with their post-mortem examination program or post-mortem defect management program;

• (b) the licence holder does not comply with any provision of the Act or of these Regulations; or

• (c) the Minister is of the opinion that a risk of injury to human health may result if the licence holder continues to conduct the program.

Marginal note:Suspension

• 162 (1) The Minister must not suspend a licence holder’s authorization to conduct a post-mortem examination program or a post-mortem defect management program unless the licence holder

  • (a) was provided with an inspection report that sets out the grounds for the suspension and the period within which corrective action must be taken in order to avoid the suspension; and

  • (b) failed to take corrective action within that period.

• Marginal note:Written notice

  (2) The Minister must notify the licence holder in writing of the suspension and the date on which it takes effect.

Marginal note:Risk of injury to human health

• 163 (1) Despite section 162, if the Minister is of the opinion that a risk of injury to human health may result if the licence holder continues to conduct the post-mortem examination program or post-mortem defect management program, the Minister may suspend the authorization immediately after the licence holder is provided with an inspection report that sets out the grounds for the suspension.

• Marginal note:Written notice

  (2) The Minister must notify the licence holder in writing that their authorization is suspended and that the suspension takes effect immediately.

Marginal note:Suspension — duration

164 The suspension of an authorization to conduct a post-mortem examination program or post-mortem defect management program must be lifted if the Minister determines that corrective action has been taken.

SUBDIVISION KFood Animal Information Documents and Document Keeping

Marginal note:Required documents

• 165 (1) Before slaughtering a food animal that is an equine or a bird, the holder of a licence to slaughter must obtain, from the person who owned or had the possession, care or control of the food animal before its arrival at the establishment where it is intended to be slaughtered, documents that include the following information:

  • (a) the name and contact information of the person who owned it and any person who had the possession, care or control of it immediately before its arrival at the establishment;

  • (b) the last location where it was raised or kept before its arrival at the establishment, including the address of the location, its code or the number that identifies it;

  • (c) the food animal’s identification number or any other information that identifies it;

  • (d) the name of any on-farm food safety program under which the food animal was raised or kept;

  • (e) in the case of a bird,

    • (i) the time at which the first bird of the lot of birds was placed into a crate,

    • (ii) the time at which the bird was last provided with access to a source of hydration before being loaded, and

    • (iii) the time at which the bird was last provided with access to feed before being loaded;

  • (f) a description of any physical or chemical hazard to which the food animal may have been exposed that could cause any meat product that is derived from the food animal to be contaminated;

  • (g) in respect of the last 120 days of the life of a bird that has been used for breeding or egg production or in respect of the entire life of any other bird,

    • (i) the mortality rate for the flock from which the bird originates,

    • (ii) the name of any disease or syndrome that was diagnosed in the flock from which the bird originates and the date on which the flock recovered from the disease or syndrome,

    • (iii) the names of any drugs administered to treat a disease or syndrome or administered as an extra-label use and of any vaccines that were administered to the bird, as well as

      • (A) their route of administration,

      • (B) the first and last date of their administration,

      • (C) the dosage that was administered, and

      • (D) the withdrawal period or, in the case of an extra-label drug administration, a copy of the prescription that was issued by a veterinarian and an attestation by a competent person or body with respect to the withdrawal period for that administration, and

    • (iv) the name of any drug that has been administered in the last 14 days that requires a withdrawal period; and

  • (h) in respect of the last 180 days of the life of an equine,

    • (i) the name of any disease or syndrome that was diagnosed or a description of any deviation from normal behaviour, physiology or appearance,

    • (ii) the names of any drugs and vaccines that were administered to the equine, as well as

      • (A) their Drug Identification Numbers, if any,

      • (B) their route of administration,

      • (C) the last date of their administration,

      • (D) the dosage that was administered, and

      • (E) the withdrawal period or, in the case of an extra-label drug administration, a copy of the prescription that was issued by a veterinarian and an attestation by a competent person or body with respect to the withdrawal period for that administration, and

    • (iii) the use of the equine.

• Marginal note:Exception — equines and birds

  (2) Despite subsection (1) and subsections 138(1) and 139(1), the licence holder may slaughter the equine or bird without having first obtained the documents referred to in subsection (1) if they notify an inspector before slaughtering the equine or bird and if, subsequent to the slaughter, the meat product that is derived from the equine or bird

  • (a) is held by the licence holder until they have obtained those documents, examined them and presented them to a veterinary inspector or to an inspector under the supervision of a veterinary inspector; or

  • (b) is identified as inedible.

• Marginal note:Exception — game animal, ostrich, rhea and emu

  (3) Subsection (1) does not apply in respect of a game animal or an ostrich, rhea or emu.

• Marginal note:Retention period of documents

  (4) The documents referred to in subsection (1) must be kept for one year after the day on which the food animal arrives at the establishment.

Marginal note:Document keeping

• 166 (1) The holder of a licence to slaughter must prepare and keep documents that set out the following:

  • (a) in the case of a food animal that is slaughtered, the date and time that it was slaughtered and the findings of the ante-mortem examination and, if the licence holder is authorized to conduct a post-mortem examination program or a post-mortem defect management program, the findings of the post-mortem examination or the post-mortem screening and the reason for any condemnation or rejection;

  • (b) in the case of a food animal that is found dead at the time of its arrival at the establishment or that dies in the establishment other than by slaughter in accordance with these Regulations,

    • (i) the date and time that the food animal was found dead or was humanely killed,

    • (ii) its identification number or any other information that identifies it, and

    • (iii) the details of its disposal; and

  • (c) with respect to the food animals referred to in paragraph (b), the total number per day.

• Marginal note:Retention period of documents

  (2) The documents referred to in subsection (1) must be kept for one year after the day on which the food animal arrives at the establishment.

SUBDIVISION LImport and Export

Marginal note:Import

167 The holder of a licence to import may import an edible meat product only if

• (a) the foreign state in which the meat product is manufactured, prepared, stored, packaged or labelled, as the case may be, has, at the time the activity is conducted, an inspection system for meat products that is recognized under Part 7;

• (b) the foreign state from which the meat product is imported has, at the time of the import, an inspection system for meat products that is recognized under Part 7;

• (c) the establishment where the food animal from which the meat product is derived was slaughtered, and any establishment where the meat product was manufactured, processed, treated, preserved, handled, tested, graded, coded, stored, packaged or labelled, have, at the time that the activity is conducted and at the time of the import, a system for manufacturing, processing, treating, preserving, handling, testing, grading, coding, slaughtering, storing, packaging or labelling, as the case may be, that is recognized under Part 7; and

• (d) the licence holder provides an inspector with an official document issued by the foreign state, in a form approved by the President, that states that the meat product meets the requirements that are set out in the Act and these Regulations.

Marginal note:Export

• 168 (1) A licence holder may export an edible meat product only if

  • (a) the licence holder provides an inspector with a document that substantiates that the requirements of the foreign state to which it is intended to be exported are met in respect of that meat product; and

  • (b) a certificate or other document is issued under section 48 of the Act in respect of that meat product.

• Marginal note:Exception — removal notice

  (2) Subsection (1) does not apply in respect of a meat product that is subject to a notice ordering its removal from Canada under subsection 32(1) of the Act.

PART 7Recognition of Foreign Systems

Marginal note:Exception — shellfish

169 This Part does not apply in respect of the adductor muscles of scallops and the meat of geoducks.

Marginal note:Application for recognition of inspection system

• 170 (1) A foreign state may make an application to the Minister in writing for the recognition of its inspection system for meat products or live or raw shellfish.

• Marginal note:Contents of application

  (2) The application must include the following information:

  • (a) in the case of an inspection system for meat products,

    • (i) an indication of the species of birds or mammals and a description of the meat products to which the system applies, and

    • (ii) the approximate number of establishments where the manufacturing, preparing, storing, packaging or labelling of meat products that are intended to be exported to Canada would be conducted and an indication of the activities that would be conducted in those establishments;

  • (b) in the case of an inspection system for live or raw shellfish, an indication of the species and the growing and harvesting areas to which the system applies;

  • (c) the volume of meat products or live or raw shellfish to which the system applies that is anticipated to be exported to Canada per year;

  • (d) the items set out in paragraph (3)(a) or (b), as the case may be; and

  • (e) the name, title and signature of the authorized representative of the foreign state who makes the application.

• Marginal note:Recognition by Minister

  (3) The Minister must recognize the inspection system in respect of which the application is made if the system provides at least the same level of protection as that provided by the provisions of the Act and these Regulations, taking into account the following:

  • (a) in the case of an inspection system for meat products,

    • (i) any applicable legislative framework, controls and procedures,

    • (ii) the organizational structure of the authority that is responsible for the system,

    • (iii) the implementation of the system,

    • (iv) the resources that support the objectives of the system,

    • (v) the humane treatment of the food animals that are intended to be slaughtered,

    • (vi) the chemical residue monitoring and microbiological monitoring of the meat products,

    • (vii) the certification process for the export of the meat products, and

    • (viii) any other relevant information; and

  • (b) in the case of an inspection system for live or raw shellfish,

    • (i) any applicable legislative framework, controls and procedures,

    • (ii) the organizational structure of the authority that is responsible for the system,

    • (iii) the implementation of the system,

    • (iv) the resources that support the objectives of the system,

    • (v) the chemical and microbiological monitoring of the shellfish, including monitoring for biotoxins,

    • (vi) the monitoring of the waters in the growing and harvesting areas to assess their suitability for their intended purpose, and

    • (vii) any other relevant information.

Marginal note:Application for recognition of system

• 171 (1) If a foreign state’s inspection system for meat products is recognized, the foreign state may make an application to the Minister in writing for the recognition of the system of manufacturing, processing, treating, preserving, handling, testing, grading, coding, slaughtering, storing, packaging or labelling that is used in an establishment and that is subject to that inspection system.

• Marginal note:Contents of application

  (2) The application must include the following information:

  • (a) the name of the person who conducts any relevant activities and the establishment’s address;

  • (b) the establishment’s registration number, or another identification number for the establishment, that is provided by the foreign state;

  • (c) a statement that identifies the system in respect of which the application is made;

  • (d) a declaration by the authorized representative of the foreign state who makes the application that states that the system in respect of which the application is made is subject to the foreign state’s recognized inspection system and meets the requirements of that inspection system that apply to the conduct of those activities in respect of meat products that are intended to be exported to Canada; and

  • (e) the name, title and signature of the authorized representative of the foreign state who makes the application.

• Marginal note:Recognition by Minister

  (3) The Minister must recognize a system of manufacturing, processing, treating, preserving, handling, testing, grading, coding, slaughtering, storing, packaging or labelling in respect of which an application is made if

  • (a) the foreign state’s inspection system for the relevant meat products is recognized under subsection 170(3); and

  • (b) the system of manufacturing, processing, treating, preserving, handling, testing, grading, coding, slaughtering, storing, packaging or labelling is subject to the inspection system referred to in paragraph (a) and meets the requirements of that inspection system that apply to those activities in respect of meat products that are intended to be exported to Canada.