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

Marginal note:Exception

119 Sections 116 to 118 do not apply in respect of onions, potatoes or apples that are part of a shipment that consists of not more than

• (a) 15 containers of onions with an aggregate net weight of not more than 250 kg of onions;

• (b) 15 containers of potatoes with an aggregate net weight of not more than 250 kg of potatoes; and

• (c) 15 containers of apples with an aggregate net weight of not more than 250 kg of apples.

Marginal note:In transit

120 For the purposes of sections 113 to 119, if fresh fruits or vegetables are sent or conveyed to Canada in an in bond shipment from a foreign state other than the United States and pass only in transit through the United States, the fresh fruits or vegetables are not considered to have been imported from the United States.

Marginal note:Application for certificate

• 121 (1) An application for the issuance of a certificate referred to in section 116 or paragraph 117(1)(b) or 118(1)(b) must be made to the Minister in a form approved by the President.

• Marginal note:Inspection

  (2) The Minister may require an inspection for the purpose of deciding whether to issue the certificate.

• Marginal note:Inspection — accessibility

  (3) If an inspection is required, the applicant must make the onions, potatoes or apples readily accessible to an inspector at the time of inspection.

SUBDIVISION CTrade of Fresh Fruits or Vegetables

Marginal note:Prohibition

• 122 (1) It is prohibited for a person to

  • (a) sell any fresh fruits or vegetables that are to be exported or sent or conveyed from one province to another;

  • (b) purchase or negotiate the purchase on another person’s behalf of any fresh fruits or vegetables that are to be imported or sent or conveyed from one province to another;

  • (c) receive any fresh fruits or vegetables that have been imported or sent or conveyed from one province to another; or

  • (d) send or convey from one province to another or import or export any fresh fruits or vegetables.

• Marginal note:Exception — persons

  (2) Subsection (1) does not apply in respect of

  • (a) any person who is a member in good standing of the Fruit and Vegetable Dispute Resolution Corporation, a corporation incorporated under Part 2 of the Canada Not-for-profit Corporations Act, as described in its by-laws;

  • (b) any person who only sells fresh fruits or vegetables directly to consumers if that person paid less than $100,000 for the fresh fruits and vegetables that they sold to consumers within the previous 12 months;

  • (c) any person who only purchases, sells or negotiates the purchase or sale on another person’s behalf, sends or conveys from one province to another or imports or exports less than one metric ton of fresh fruits and vegetables per day;

  • (d) any person who only sells fresh fruits or vegetables that they have grown themselves; or

  • (e) a registered charity as defined in subsection 248(1) of the Income Tax Act or a club, society or association described in paragraph 149(1)(l) of that Act.

• Marginal note:Exception — nuts, wild fruit and wild vegetables

  (3) Subsection (1) does not apply in respect of nuts, wild fruit and wild vegetables.

Marginal note:Damaged or defective fresh fruits or vegetables

• 123 (1) If a claim is made that all or part of a shipment of fresh fruits or vegetables that is imported or sent or conveyed from one province to another has arrived at its destination in a damaged or defective condition, any person who has a financial interest in that shipment may make a request to the Minister for

  • (a) a written report that describes the condition of any damaged or defective fruits or vegetables at the time of the inspection; or

  • (b) a written notice of the disposition of any damaged or defective fresh fruits or vegetables that describes the amount of fresh fruit or vegetables that have been disposed of and the place and time of their disposal.

• Marginal note:Request for report or notice

  (2) The request for a report or notice referred to in subsection (1) must be made to the Minister in a form approved by the President.

• Marginal note:Inspection — accessibility

  (3) The person who makes the request for a report regarding the condition of fresh fruits or vegetables must make the fresh fruits or vegetables readily accessible to an inspector at the time of inspection.

• Marginal note:Disposition of fresh fruit or vegetable

  (4) The person who makes the request for a notice regarding the disposition of damaged or defective fresh fruits or vegetables must ensure that their disposition is witnessed by an inspector.

DIVISION 7Meat Products and Food Animals

SUBDIVISION AInterpretation

Marginal note:Definitions

124 The following definitions apply in this Division.

on-farm food safety program

on-farm food safety program means a program in respect of food animals that is operated on a farm or at a similar place and under which hazards relating to the safety of meat products that may be derived from those food animals are identified, analyzed and controlled. (programme de salubrité des aliments à la ferme)

specified risk material

specified risk material has the same meaning as in section 6.1 of the Health of Animals Regulations. (matériel à risque spécifié)

split

split means to cut a carcass lengthwise along the median line. (fendre)

veterinary inspector

veterinary inspector means a person who is designated as a veterinary inspector under subsection 13(3) of the Canadian Food Inspection Agency Act for the purposes of the Act. (inspecteur vétérinaire)

SUBDIVISION BEdible Meat Products

Marginal note:Identification of meat products as edible

• 125 (1) A licence holder may identify a meat product as edible only if

  • (a) the food animal from which the meat product is derived, or a sample from the shipment that the food animal is part of, is subjected to an ante-mortem examination under section 138;

  • (b) the food animal, other than a game animal, from which the meat product is derived, or a sample from the shipment that the food animal is part of, is subjected to an ante-mortem inspection under section 139;

  • (c) the carcass of the food animal from which the meat product is derived is dressed or partially dressed;

  • (d) the carcass, its parts and the blood of the food animal from which the meat product is derived are subjected to a post-mortem inspection under subsection 149(1) or a post-mortem examination under subsection 150(1); and

  • (e) the meat product is edible and is not contaminated, including that it does not contain any specified risk material.

• Marginal note:Certain meat products — additional requirements

  (2) Despite (1), a licence holder must not identify as edible any of the following:

  • (a) a heart — other than the heart of a domesticated rabbit or of a bird that is not an ostrich, rhea or emu — unless it is opened or inverted and has all blood clots and attached blood vessels removed;

  • (b) a liver, unless the gallbladder is removed;

  • (c) a gizzard, unless its contents and lining are removed and the gizzard is washed;

  • (d) a meat product that contains a urinary bladder, an intestine or any part of a urinary bladder or intestine, unless the bladder, intestine or part is used as a natural casing for the meat product and meets the requirements of section 126; and

  • (e) a meat product with an artificial casing, unless the casing is manufactured from a material that is free of any noxious constituent.

Marginal note:Natural casings

126 A urinary bladder, an intestine or any part of a urinary bladder or intestine may be used as a natural casing for an edible meat product if

• (a) the bladder, the intestine or the part of the bladder or intestine have been emptied of their contents and washed, and their mucous lining has been removed;

• (b) in the case of a bladder, it was inverted and placed in brine for at least 12 hours and was subsequently rinsed with water; and

• (c) the casing is clean.

SUBDIVISION CHumane Treatment

Marginal note:Avoidable death — clarification

127 For greater certainty, a reference to an avoidable death in these Regulations does not include the slaughtering of a food animal in accordance with these Regulations or the humane killing of a food animal.

Marginal note:Avoidable suffering, injury or death

128 A licence holder must handle a food animal at the establishment in a manner that does not cause it avoidable suffering, injury or death and must not subject it to any condition that may cause such suffering, injury or death.

Marginal note:Hitting

• 129 (1) A licence holder must not hit a food animal with a whip, prod or, except for the purposes of section 141, any other object.

• Marginal note:Electric prod

  (2) A licence holder must not apply an electric prod to a food animal unless

  • (a) it is done for the purpose of causing the animal to move and there is no reasonably practicable alternative to the application of the prod;

  • (b) the food animal is a pig or a bovine;

  • (c) the prod is applied to the lateral portion of the rear leg muscles between the hock joint and the hip joint;

  • (d) the food animal has sufficient space to move forward;

  • (e) the food animal’s ability to move is not compromised; and

  • (f) the prod is applied in a manner that does not cause the food animal avoidable suffering, injury or death.

Marginal note:Assessing

• 130 (1) A licence holder must assess whether a food animal is showing signs of suffering or injury on its arrival at the establishment.

• Marginal note:Monitoring

  (2) After a food animal’s arrival, the licence holder must monitor it on a regular basis, including assessing the conditions to which the food animal is subjected in the establishment that may cause avoidable suffering, injury or death.

• Marginal note:Corrective action

  (3) If the licence holder determines that conditions exist that may cause avoidable suffering, injury or death to a food animal, the licence holder must immediately take corrective action.

• Marginal note:Suffering – immediate measures

  (4) If a food animal is showing signs of suffering, the licence holder must immediately

  • (a) alleviate its suffering;

  • (b) humanely kill it; or

  • (c) slaughter it in accordance with these Regulations.

• Marginal note:Exception — game animals

  (5) This section does not apply in respect of a game animal.

Marginal note:Game animals

131 A licence holder who has direct control over a game animal must

• (a) monitor it on a regular basis, including assessing the conditions to which the game animal is subjected in the establishment that may cause avoidable suffering, injury or death;

• (b) immediately take corrective action if such conditions exist; and

• (c) if the game animal is showing signs of suffering, immediately

  • (i) alleviate its suffering,

  • (ii) humanely kill it, or

  • (iii) slaughter it in accordance with these Regulations.

Marginal note:Segregation and isolation

132 A licence holder must

• (a) segregate food animals of different species;

• (b) segregate a sick or injured food animal with other sick or injured food animals or isolate a sick or injured food animal if, because of its condition, it presents a risk to other food animals or it requires protection from other food animals; and

• (c) isolate a food animal that may cause suffering, injury or death to other food animals because of its nature, temperament, gender, weight, age or any other cause.

Marginal note:Overcrowding

133 A licence holder must provide a food animal with sufficient space to prevent the suffering of, injury to or death of the animal.

Marginal note:Ventilation

134 A licence holder must provide a food animal with sufficient ventilation to prevent the suffering of, injury to or death of the animal.

Marginal note:Handling

• 135 (1) A licence holder who handles a food animal, including by handling a crate containing a food animal, during any activity they conduct in the establishment, must

  • (a) be able to do so, by reason of the person’s competencies and qualifications for the activity, without causing avoidable suffering, injury or death to the food animal; and

  • (b) do so in a manner and under circumstances in which the equipment that is used will not cause avoidable suffering, injury or death to the food animal.

• Marginal note:Areas of establishment and equipment

  (2) A licence holder must, during any activity conducted by the licence holder, use only areas of an establishment and equipment for the handling of a food animal that are designed, constructed and maintained in such a manner that they will not cause avoidable suffering, injury or death to the food animal.

Marginal note:Water and feed

• 136 (1) A licence holder must provide a food animal — other than a food animal that is confined in a crate — that is unloaded from a conveyance at an establishment with

  • (a) water or another source of hydration as soon as it is unloaded; and

  • (b) feed, within 24 hours after it is unloaded.

• Marginal note:In crate

  (2) In the case of a food animal that is confined in a crate, the licence holder must provide the food animal with water or another source of hydration and with feed within 24 hours after it arrives at the establishment.

SUBDIVISION DRemoval and Keeping

Marginal note:Removal

• 137 (1) A licence holder must notify a veterinary inspector before a food animal is removed from an establishment.

• Marginal note:Keeping

  (2) A licence holder must notify a veterinary inspector before keeping a food animal in an establishment for more than seven days.

SUBDIVISION EAnte-mortem Examination and Inspection

Marginal note:Ante-mortem examination

• 138 (1) Within 24 hours before the slaughter of a food animal and in accordance with the document entitled Ante-mortem Examination and Presentation Procedures for Food Animals, prepared by the Agency and published on its website, as amended from time to time, a licence holder must conduct an ante-mortem examination of the food animal or of a sample from the shipment that the food animal is part of, which must include, in the case an equine or a bird other than one that is a game animal or an ostrich, a rhea or an emu, the examination of the documents referred to in subsection 165(1).

• Marginal note:Deviations

  (2) If the licence holder, in the course of the ante-mortem examination or at any other time before slaughter, suspects that the food animal shows a deviation from normal behaviour, physiology or appearance, the licence holder must hold it for an inspection by a veterinary inspector, unless otherwise authorized by a veterinary inspector.