O.C. 225/2009

A.R. 112/2009

April 29, 2009


            The Lieutenant Governor in Council makes the Meat Inspection Amendment Regulation set out in the attached Appendix.

For Information only

Recommended by:            Minister of Agriculture and Rural Development

Authority:                             Meat Inspection Act
                                                (section 11)


APPENDIX

Meat Inspection Act

MEAT INSPECTION AMENDMENT REGULATION

1   The Meat Inspection Regulation (AR 42/2003) is amended by this Regulation.

 

2   Section 1 is repealed.

 

3   Section 2 is repealed and the following is substituted:

Interpretation

2(1)  In this Regulation,

                                 (a)    “dispose” means, in the case of a carcass or portion of a carcass or product of an animal, disposal in the manner specified in section 55;

                                 (b)    “edible” refers to whether or not meat is fit for human consumption;

                                 (c)    “exempted animal” means an animal referred to in section 6(2);

                                 (d)    “legislation” means the Meat Inspection Act or this Regulation, or both, as the case may be;

                                 (e)    “meat handler” means an individual working in or for a meat facility, whose functions require or permit the individual to be in contact with meat or with equipment that comes into contact with meat;

                                  (f)    “poultry” includes all birds whose meat is potentially edible;

                                 (g)    “red meat animal” means an animal other than poultry;

                                 (h)    “slaughter area” means a dedicated room or area where animals are slaughtered and dressed.

(2)  A word defined in this Regulation has the same meaning in the Act.

 

4   Section 3 is amended by repealing subsection (1) and substituting the following:

Application ‑ meat facilities, mobile butchers

3   This Regulation applies with respect to meat facilities and to mobile butcher operations.

 

5   Section 4(1) is amended by adding “of the meat facility” after “operator”.

 

6   Section 5 is amended by striking out “an abattoir” and substituting “a meat facility”.

 

7   By adding the following after section 5:

Exemption – establishments (federally inspected meat)

5.1(1)  The legislation does not apply to an establishment or an operator of an establishment.

(2)  Section 5(a), (c) and (d) of the Act do not apply if the meat has a meat inspection legend under the Meat Inspection Act (Canada) applied to it.

Exemption – fish

5.2   The legislation does not apply in respect of fish.

 

8   Section 6 is amended

                                 (a)    by repealing subsections (2) and (3) and substituting the following:

(2)  Except where expressly stated in this Regulation, an animal is exempt from the legislation if the animal

                                          (a)    is to be or has been killed on the premises of the producer of the animal and is for consumption only by persons who form part of that producer’s household, or

                                          (b)    is wildlife as defined under the Wildlife Act but is not a present or prospective domestic cervid within the meaning of the Livestock Industry Diversification Act.

(3)  A person shall not bring an exempted animal into a meat facility unless it is clean and edible.

                                 (b)    in subsection (4)

                                           (i)    by adding “of a meat facility” after “operator”;

                                          (ii)    in clause (a)

                                                  (A)    by striking out “a wild game or home-slaughtered animal” and substituting “an exempted animal”;

                                                  (B)    by striking out “abattoir” and substituting “meat facility”;

                                 (c)    in subsections (5) and (6) by striking out “a wild game or home-slaughtered animal” wherever it occurs and substituting “an exempted animal”.

 

9   Section 7 is amended

                                 (a)    in subsection (1)

                                           (i)    by adding “of a meat facility” after “by an operator”;

                                          (ii)    by striking out “abattoir” and substituting “meat facility”;

                                 (b)    in subsection (2) by striking out “abattoir” and substituting “meat facility”;

                                 (c)    in subsection (3) by striking out “an abattoir” and substituting “a meat facility”.

 

10   Section 10 is repealed.

 

11   Sections 11 to 14 are repealed and the following is substituted:

Licences

11(1)  For the purposes of section 3.1 of the Act, the Director may issue a licence to a person to do one or more of the following, subject to the requirements of this Regulation:

                                 (a)    to process meat from an animal in a meat facility operated by the person;

                                 (b)    to slaughter an animal in an abattoir operated by the person;

                                 (c)    to slaughter an animal as a mobile butcher.

(2)  Subject to subsection (3), the Director shall issue or renew a licence if the person

                                 (a)    submits an application as required by the Director, and

                                 (b)    satisfies the Director that the person will operate the meat facility or will operate as a mobile butcher in accordance with the requirements of the legislation.

(3)  The Director may refuse to renew or may suspend or revoke a licence if the Director is of the opinion that the person has failed to comply with a requirement of the legislation.

(4)  A licence may be issued subject to terms and conditions.

Expiry

12   A licence expires on December 31 following the date of its issue unless earlier suspended or revoked.

Transfer prohibited

13   A licence is not transferable.

 

12   The following is added after section 15:

Part 2.1
Meat Facility Standards

Compliance

15.1   An operator of a meat facility shall comply with and shall, respecting the operation of the meat facility, ensure compliance with

                                 (a)    the requirements of the Meat Facility Standards published by the Minister as it may be amended or replaced, and

                                 (b)    the requirements of the legislation.

 

13   The heading preceding section 16 is repealed and the following is substituted:

Part 3
Meat Facility ‑ Facility and
Equipment Requirements

 

14   Section 16 is amended

                                 (a)    in subsections (1) and (2) by striking out “an abattoir” and substituting “a meat facility”;

                                 (b)    in subsection (3)(a) by striking out “abattoir” and substituting “meat facility”.

 

15   Section 17 is repealed.

 

16   Sections 18 and 19 are repealed and the following is substituted:

General requirements

18(1)  The operator of a meat facility shall ensure that the meat facility is designed and equipped to provide for

                                 (a)    its operational needs and the requirements of the legislation,

                                 (b)    the hygienic production, handling and storage of meat, including

                                           (i)    in the case of an abattoir, a slaughter area,

                                          (ii)    separation of incompatible activities,

                                         (iii)    adequate shipping and receiving areas,

                                         (iv)    sequential slaughtering or processing operations,

                                          (v)    personal hygiene facilities, and

                                         (vi)    food contact surfaces that are non-toxic, non‑absorbent, smooth, corrosion resistant, crack or crevice free and able to withstand frequent sanitization,

                                 (c)    readily available refrigeration facilities which allow temperature to be monitored and recorded where necessary,

                                 (d)    inspections and inspectors as required by the Director, including a furnished office,

                                 (e)    adequate ventilation, lighting, hot and cold potable water, plumbing and sewer facilities,

                                  (f)    the sanitary handling, storage and removal of waste and condemned or inedible meat,

                                 (g)    the effective cleaning and sanitization of the meat facility and equipment,

                                 (h)    in the case of an abattoir, the safe and humane handling of live animals, and

                                  (i)    any other requirement that the Director may specify.

(2)  The operator of a meat facility shall ensure that the meat facility is soundly constructed and maintained in good repair.

 

17   Section 20 is repealed.

 

18   Section 21 is amended

                                 (a)    in subsection (1) by striking out “shall not inflict unnecessary pain or discomfort on” and substituting “shall minimize pain and distress of”;

                                 (b)    in subsection (3) by adding “holding” before “pen”.

 

19   Section 22 is repealed and the following is substituted:

Humane slaughtering - instruments

22   A person shall not use an instrument to slaughter an animal or render it unconscious unless the instrument is in good repair.

 

20   The following is added after section 22:

Slaughter requirements

22.1(1)  A person shall restrain an animal and render it unconscious immediately before the animal is slaughtered.

(2)  The method of rendering the animal unconscious must

                                 (a)    produce rapid unconsciousness,

                                 (b)    ensure the animal does not regain sensitivity or consciousness before it is slaughtered, and

                                 (c)    be described in one of the following subclauses: 

                                           (i)    delivering a blow to its head by means of a mechanical device;

                                          (ii)    exposing it to gas;

                                         (iii)    applying an electric current;

                                         (iv)    shooting it in the head with a rifle;

                                          (v)    a method approved by the Director for the purpose of developing or testing a new procedure or item of equipment intended to improve humane methods of slaughter.

 

21   Section 23 is amended by

                                 (a)    striking out “in the killing room or in a processing area” and substituting “in a slaughter or processing area”;

                                 (b)    by striking out “abattoir” and substituting “meat facility”;

                                 (c)    by striking out “abattoir’s” and substituting “meat facility’s”.

 

22   Section 25 is amended by striking out “an abattoir” and substituting “a meat facility”.

 

23   Section 26 is amended by striking out “shall ensure that pens” and substituting “of an abattoir shall ensure that holding pens for live animals”.

 

24   Section 27 is amended

                                 (a)    in subsection (1) by striking out “an abattoir” and substituting “a meat facility”;

                                 (b)    in subsection (2) by adding “of an abattoir” after “operator”.

 

25   Section 28 is amended by striking out “an abattoir” and substituting “a meat facility”.

 

26   Section 29 is amended by adding “of a meat facility” after “operator”.

 

27   Section 30 is repealed and the following is substituted:

Records

30(1)  An operator of a meat facility shall make a record with respect to an animal or carcass purchased or otherwise acquired that includes

                                 (a)    the date it was purchased or otherwise acquired,

                                 (b)    the name and address of the person from whom it was purchased or otherwise acquired,

                                 (c)    the number and kind purchased or acquired from that person,

                                 (d)    in the case of a live animal, the date it was slaughtered,

                                 (e)    sufficient identification to enable an inspector to trace its origin,

                                  (f)    sufficient information with respect to the distribution of its meat to enable an inspector to trace the meat’s location for recall, and

                                 (g)    such other information as the Director requires.

(2)  The operator shall keep a record made under subsection (1) for at least 2 years after the record is made.

(3)  The operator shall, when required to do so by the Director or an inspector for a valid reason associated with the administration or enforcement of the legislation,

                                 (a)    produce any record made under this section for inspection, and

                                 (b)    allow the inspector to remove the record for the purpose of making copies.

(4)  Where an inspector removes a record under subsection (3)(b), the inspector shall

                                 (a)    leave a statement with the operator specifically indicating which record was removed, and

                                 (b)    as soon as practicable, make the required copies and return the record to the operator.

 

28   Section 31 is amended by adding “at an abattoir” after “custom slaughter”.

 

29   The heading preceding section 32 is repealed and the following is substituted:

Part 5
General Operations and
Mobile Butchers

 

30   Section 32 is amended

                                 (a)    in subsection (1)

                                           (i)    in clause (a) by striking out “section 58 (in the case of a red meat animal)” and substituting “section 22.1”;

                                          (ii)    in clause (b) by adding “, including at a meat facility” after “elsewhere”;

                                 (b)    in subsection (2)

                                           (i)    by striking out “may remove” and substituting “may transport”;

                                          (ii)    by striking out “a health authority” and substituting “an inspector”.

 

31   Section 33 is repealed and the following is substituted:

Transportation of carcasses

33(1)  If a mobile butcher is transporting a carcass for further processing, the carcass shall be transported forthwith after slaughtering the animal.

(2)  The carcass shall be transported in a manner that prevents contamination or spoilage, including

                                 (a)    being completely covered, and

                                 (b)    being isolated from removed hides and inedible parts.

 

32   Section 34(a) is amended by striking out “home-slaughtered animals covered by the exemption” and substituting “exempted animals referred to in section 6(2)(a)”.

 

33   Section 35 is repealed and the following is substituted:

Identification

35   When carrying out a power or duty under the Act, an inspector shall carry identification as provided by the Minister and shall provide the identification on request.

 

34   Section 36 is repealed and the following is substituted:

Powers of inspector in case of contravention

36(1)  Where a provision of the legislation is contravened, an inspector may do one or more of the following:

                                 (a)    refuse to inspect an animal, carcass or meat;

                                 (b)    refuse to approve an animal for slaughter or a carcass or meat for human consumption;

                                 (c)    require an operator to take specific action by a certain date to rectify the non-compliance.

(2)  If an inspector makes a refusal under subsection (1)(a) or (b), the inspector shall immediately notify the Director of the decision, with reasons.

 

35   Section 37 is repealed and the following is substituted:

Specimens

37   An inspector may take specimens for testing purposes from

                                 (a)    any animal, including the carcass or portion of a carcass or any product of that animal,

                                 (b)    any equipment or surface, and

                                 (c)    a water supply.

 

36   Section 38 is repealed and the following is substituted:

Seizure and disposal – non-compliance

38   An inspector who considers an animal was slaughtered or that meat from an animal was processed in a manner that contravened the legislation may seize the carcass or the meat and dispose of it.

 

37   Section 40 is amended

                                 (a)    in subsection (2)

                                           (i)    by striking out “of an abattoir”;

                                          (ii)    by striking out “the stamping of their meat, if approved,” and substituting “the application of the inspection legend;

                                 (b)    in subsection (3) by striking out “abattoir”.

 

38   Section 41 is amended

                                 (a)    in subsection (1) by striking out “abattoir” and substituting “meat facility”;

                                 (b)    in subsection (2) by striking out “of an abattoir”;

                                 (c)    in subsection (3) by striking out “The Director” and substituting “In the case of an abattoir, the Director”;

                                 (d)    in subsection (6) by striking out “of the abattoir”.

 

39   Section 42 is repealed.

 

40   Section 43 is amended by striking out “an abattoir” wherever it occurs and substituting “a meat facility”.

 

41   The following is added after section 44:

Condemning live animals as unfit for food

44.1   Every animal that is found on inspection to be unhealthy or unfit for food shall be so marked by an inspector in the prescribed manner and is, on being so marked, deemed to be condemned as unfit for food.

(2)  The operator shall slaughter the condemned animal and the inspector shall mark the carcass as condemned in the prescribed manner.

 

42   Section 45 is amended

                                 (a)    by adding “of an abattoir” after “operator”;

                                 (b)    in clause (b) by striking out “referred to in section 18(a)(ii)”;

                                 (c)    in clause (d) by adding “as ordered by an inspector under section 55” after “of”.

 

43   Section 46(1)(b) is amended

                                 (a)    by striking out “a tag,”;

                                 (b)    by striking out “label” and substituting “tag”.

 

44   Section 48 is repealed and the following is substituted:

Detention for inspection

48   An inspector may hold an animal, a carcass or any product of an animal for inspection, including further inspection or re‑inspection, and may issue any order about it the inspector considers necessary or advisable.

 

45   Section 49 is amended by adding “of a meat facility” after “operator”.

 

46   Section 50 is amended by adding “, a carcass of an animal or any product from it” after “an animal”.

 

47   Section 51 is amended

                                 (a)    by striking out “an animal or” and substituting “an animal or carcass or portion of a carcass or any product from it or its”;

                                 (b)    by striking out “or label”.

 

48   Section 53 is amended by striking out “that has been stamped”.

 

49   Section 55 is amended

                                 (a)    in subsection (1) by striking out “wild game and home-slaughtered animals” and substituting “exempted animals”;

                                 (b)    by repealing subsections (2) and (3) and substituting the following:

(2)  If a carcass or portion of a carcass of an animal or any product from it has been condemned, an operator shall dispose of it in accordance with the Destruction and Disposal of Dead Animals Regulation (AR 229/2000).

 

50   Section 56 is repealed and the following is substituted:

Removal and disposal of parts

56   Subject to this Regulation, the Director may order an operator to

                                 (a)    remove parts of an animal during slaughtering or butchering, and

                                 (b)    dispose of some or all of those parts as if they were condemned.

 

51   Section 58 is repealed.

 

52   The following is added before section 59:

Dressing red meat animals

58.1(1)  Before a red meat carcass is chilled in accordance with section 52, the operator shall dress the carcass by

                                 (a)    removing the feet, skin and head except in the case of a scalded pig or a goat if otherwise authorized by the Director,

                                 (b)    removing the spermatic cords or developed mammary glands,

                                 (c)    eviscerating the carcass,

                                 (d)    splitting the carcass at its sternum and backbone except in the case of a sheep, calf, domesticated rabbit or barbeque pig if otherwise authorized by the Director, and

                                 (e)    thoroughly washing the carcass.

 

53   Sections 60 to 63 are repealed

 

54   Section 65 is repealed and the following is substituted:

Treatment of condemned poultry carcasses

65(1)  Where this Regulation allows or requires that a poultry carcass be condemned, the inspector shall identify the carcass as condemned by

                                 (a)    ensuring the carcass is given an appearance or character that cannot be mistaken for approved meat, or

                                 (b)    firmly attaching a tag bearing a serial number and the words “ALBERTA CONDEMNED” to the carcass or its container.

(2)  In addition to the requirement under sections 50 and 51 and if the poultry carcass is identified as condemned under subsection (1)(a), a person shall not alter the appearance or the character of the carcass so that it might be confused for approved meat.

 

55   Section 66(3) is repealed.

 

56   Section 67(2)(a) is repealed and the following is substituted:

                                 (a)    approve the meat for food,

 

57   Section 68 is repealed and the following is substituted:

Dressing poultry

68   Before a poultry carcass is chilled in accordance with section 52, an operator shall dress the carcass by

                                 (a)    removing the feathers, hair and oil sacs,

                                 (b)    removing the head and feet unless otherwise authorized by the Director,

                                 (c)    eviscerating the carcass,

                                 (d)    vacuuming the carcass cavity, and

                                 (e)    thoroughly washing the interior and exterior of the carcass.

 

58   Division 5 is repealed and the following is substituted:

Division 5
Inspection Legend – Application, Handling and Prohibitions

Application of inspection legend

69(1)  Only the following persons may apply an inspection legend to a carcass or meat or its container:

                                 (a)    an inspector;

                                 (b)    a meat handler who is authorized by the inspector or an operator referred to in clause (c);

                                 (c)    an operator referred to in section 70(2) who is authorized by the Director.

(2)  For the purpose of subsection (1), if the Director authorizes the use of containers with pre-applied inspection legends, the inspection legend shall not be considered to be applied until

                                 (a)    meat is within the container, and

                                 (b)    a person referred to in subsection (1) has approved the use of the container.

(3)  An inspection legend may only be applied to a carcass after the inspector completes a post-mortem inspection of the carcass and approves it for human consumption.

(4)  An inspection legend may only be applied to meat or its container if the meat

                                 (a)    is obtained from a carcass that had an inspection legend applied to it, or

                                 (b)    is inspected by an inspector and approved for human consumption.

(5)  The inspection legend

                                 (a)    shall be applied in the form and manner specified by the Director, and

                                 (b)    must include the number assigned to the meat facility by the Director unless the meat facility is an abattoir dealing solely with poultry.

(6)  If the application of an inspection legend is provided for by this Regulation, an operator must ensure that an inspection legend is applied to a carcass or meat or its container forthwith.

Custody and responsibility for inspection legends

70(1)  Inspection legends, including inspection legends pre‑applied to unused containers or methods of generating an inspection legend, shall be kept in the custody and control of an inspector or, subject to subsection (2), an operator.

(2)  If authorized by the Director, an operator may have custody and control of unused inspection legends as specified by the Director.

Destruction of inspection legend

71   If an inspection legend is attached to meat or its container and the meat is further processed or removed from the container, the inspection legend shall be immediately destroyed.

Prohibitions

72   A person shall not apply to a carcass or meat or its container

                                 (a)    anything that is similar to or might be mistaken for an inspection legend, or

                                 (b)    an inspection legend contrary to a provision of the Act.

 

59   Section 77 is repealed and the following is substituted:

Receiving uninspected meat

77   Where a carcass, including that of an exempted animal, is received by a meat facility for processing and an inspection was not completed under the legislation or the Meat Inspection Act (Canada), the operator shall ensure that

                                 (a)    a tag is attached firmly to the carcass or to its container bearing

                                           (i)    the word “UNINSPECTED”,

                                          (ii)    the name and address of the owner, and

                                         (iii)    the date of the slaughter,

                                     and

                                 (b)    following the processing of the meat, each edible portion of the meat or its container is identified with the words “UNINSPECTED - NOT FOR SALE”.

 

60   Section 80 is amended by striking out “2009” and substituting “2014”.

 

61   Section 81 is repealed.