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Volume 53, No. 8

B.C. Reg. 102/2010

The British Columbia Gazette,

Part II

May 4, 2010

B.C. Reg. 102/2010 , deposited April 23, 2010, pursuant to the FOOD SAFETY ACT [Sections 23 (2) (j), (q), (

y) and (4)]. Order in Council 212/2010, approved and ordered April 23, 2010.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that the Meat Inspection Regulation, B.C. Reg. 349/2004, is amended as set out in the attached Schedule.

— I. CHONG, Minister of Healthy Living and Sport ; M. COELL, Presiding Member of the Executive Council .

Schedule

Section 1 of the Meat Inspection Regulation, B.C. Reg. 349/2004, is amended

(

a) in the definition of "specified area" by striking out " the

Schedule " and substituting "

Schedule 1 ", and

(

b) by adding the following

definitions:

"animal unit" means a combined animal weight, when measured alive, of 455 kg (1000 lbs);

"pests" includes insects;

"rural slaughter establishment" means a slaughter establishment for which a Class D or E licence has been issued; .

Section 2 is amended by adding the following subsection:

(4) This regulation does not apply to a rural slaughter establishment, except as follows:

(

a) sections 1, 4, 5, 5.01, 6, 7, 9.1, 16, 17, 18, 29, 30 and 33 apply to all rural slaughter establishments;

(

b) section 19 applies to rural slaughter establishments operated under a Class D licence;

(

c) Schedule 2 applies to rural slaughter establishments operated under a Class E licence.

Section 5 is amended by adding the following subsections:

(5) An application for a Class C licence

(

a) must be made by June 1, 2010, and

(

b) May not be made in respect of a slaughter establishment within an area described in

Schedule 2.

(6) In addition to the requirements of subsection (1), a person who applies for a Class D or E licence must do all of the following:

(

b) agree in writing that the person,

(

i) in the case of an applicant for a Class D licence, will slaughter in each year no more than 25 animal units, or

(ii) in the case of an applicant for a Class E licence,

(

A) will slaughter only animals that the person owns,

(

B) will slaughter in each year no more than 10 animal units, and

(

C) will sell meat products to consumers directly from the slaughter establishment only;

(

c) submit evidence of having successfully completed training respecting food safety that, in the opinion of the minister, is relevant to the operation of a rural slaughter establishment;

(

d) submit a written food safety plan that identifies

(

i) possible sources of contamination in the slaughter establishment before, during and after slaughter, and

(ii) the steps to be taken to ensure that carcasses in the slaughter establishment are not contaminated or are not otherwise made unfit for human consumption;

(

e) if

section 5.01 (1) or (2) (

a) applies, establish that the slaughter establishment is within an area described in

Schedule 2;

(

f) if

section 5.01 (2) (

b) applies, submit the results of a feasibility study made for the purposes of determining whether operation of a Class A or B slaughter establishment would be feasible generally in the area in which the slaughter establishment that is the subject of the application is located.

(7) For the purposes of subsection (6) (f), a feasibility study must address the appropriateness of issuing a Class E licence outside an area described in

Schedule 2 given both of the following:

(

a) whether a Class A or B facility is viable in the area in which the slaughter establishment that is the subject of the application is located;

(

b) whether any existing slaughter establishments can provide outreach slaughter services in the area in which the slaughter establishment that is the subject of the application is located.

4 The following

section is added:

Issuing Class D or E licences

5.01

(1) A Class D licence May be issued only in respect of a slaughter establishment within an area described in

Schedule 2.

(2) A Class E licence May be issued in respect of a slaughter establishment located

(

a) in an area described in

Schedule 2, or

(

b) in an area outside an area described in

Schedule 2, but only on consideration of the factors set out in subsection (3) of this section.

(3) For the purposes of subsection (2) (b), the minister must consider all of the following:

(

a) the population density of the area in which the slaughter establishment is located;

(

b) the need for slaughter capacity of the species to be slaughtered in the area in which the slaughter establishment is located;

(

c) if the slaughter establishment will offer specialized slaughter, the need for specialized slaughter capacity in the area in which the slaughter establishment is located;

(

d) animal production levels in the area in which the slaughter establishment is located;

(

e) the geographic location of the slaughter establishment, including

(

i) its proximity to a Class A or B slaughter establishment, and

(ii) whether animals must be transported over marine waters to a Class A or B slaughter establishment if not slaughtered at the proposed Class D slaughter establishment;

(

f) the results of the feasibility study submitted under

section 5 (6);

(

g) whether the applicant has consulted

(

i) licensed slaughter establishments within 100 km of the applicant's slaughter establishment,

(ii) the municipality and regional district within which the slaughter establishment is located, and

(iii) residents of, and business establishments in, the regional district in which the slaughter establishment is located.

Section 5.1 is repealed.

Section 6 is amended

(

a) by adding the following subsection:

(0.1) The following classes of licences are established:

(

a) Class A licences, issued for the purposes of general slaughter and processing;

(

b) Class B licences, issued for the purposes of general slaughter only;

(

c) Class C licences, issued in relation to transitional slaughter establishments;

(

d) Class D licences, issued in relation to rural slaughter establishments that slaughter animals for retail purposes;

(

e) Class E licences, issued in relation to rural slaughter establishments that slaughter animals for sales only to consumers directly. ,

(

b) in subsection (2) (

a) by striking out " or ",

(

c) in subsection (2) (

b) by adding " or " after " Class C licence ", and

(

d) in subsection (2) by adding the following paragraph:

(

c) in the case of a rural slaughter establishment, the person holds a Class D or E licence.

7 The following

section is added to

Part 3:

Obligations respecting the operation of rural slaughter establishments

9.1

(1) A person must not operate a rural slaughter establishment unless the person ensures that all of the following requirements are met:

(

a) if water is used during slaughter, that only potable water is used;

(

b) that an animal in the rural slaughter establishment is kept before slaughter and slaughtered in a humane manner;

(

c) that the rural slaughter establishment is operated in a manner that ensures that animals and carcasses are handled, slaughtered and stored in a sanitary manner and without risk of contamination or spoilage of any carcass produced or stored by the rural slaughter establishment;

(

d) that each carcass stored by the rural slaughter establishment is stored at a temperature sufficient to prevent the risk of spoilage;

(

e) that pests are not present during the handling, slaughter or storage of animals or carcasses;

(

f) that equipment is

(

i) maintained in a sanitary condition, and

(ii) operated in a manner that is sanitary;

(

g) that each employee, while working in the rural slaughter establishment,

(

i) wears clean clothing and footwear,

(ii) does not smoke in any area where carcasses are prepared, stored or distributed, and

(iii) washes his or her hands as often as necessary to prevent the contamination of carcasses;

(

h) that an animal slaughtered in the rural slaughter establishment is in good health.

(2) A person holding a Class D or E licence must take, as required by the minister, food safety training relevant to the operation of a rural slaughter establishment.

Section 17 is amended

(

a) in subsection (2) by striking out " A Class C licence holder must ensure that packages containing meat products produced at a transitional slaughter establishment " and substituting " A Class C or E licence holder must ensure that packages containing meat products produced at a slaughter establishment ", and

(

b) by adding the following subsections:

(3) A Class D licence holder must ensure that packages containing meat products produced at a rural slaughter establishment operated by the licence holder include a label printed with the words

"Class D – For sale and use only in the regional district of [name of regional district in which the rural slaughter establishment is located] ".

(4) If a package containing meat products is labeled in accordance with subsection (2) or (3), a person

(

a) must not remove the label before the package is sold, or

(

b) if raw meat products are repackaged, must re-label the new packages in accordance with subsection (2) or (3), as applicable.

Section 30 is repealed and the following substituted:

Purchase and sale of carcasses

(1) Subject to subsections (2) and (3), a person must not sell a carcass or store or process a carcass for the purpose of sale unless the carcass

(

a) has been inspected under the Act or the Meat Inspection Act (Canada) and passed by an inspector under either of those Acts,

(

b) was produced at a transitional slaughter establishment, or

(

c) was produced at a rural slaughter establishment.

(2) A person must not sell a carcass that was produced at a transitional slaughter establishment

(

a) to a person who resides in a specified area, or

(

b) to food premises.

(3) A person must not sell a carcass that was produced at a rural slaughter establishment

(

a) to a person who resides outside the regional district in which the rural slaughter establishment is located, or

(

b) in the case of a rural slaughter establishment operated under a Class E licence, to food premises.

(4) A person who purchases meat from either of the following must not resell the meat:

(

a) a transitional slaughter establishment;

(

b) a rural slaughter establishment operated under a Class E licence.

10 The

Schedule is renumbered as

Schedule 1 and the following

Schedule is added:

Schedule 2

Class D and E Licensing Areas

1 For the purposes of

section 5.01 (1) and (2) (

a) of the regulation, a Class D or E licence May be issued in the following areas:

(

a) the area comprising all the land within the boundaries of the Central Coast Regional District;

(

b) the area comprising all the mainland within the boundaries of the Comox-Strathcona Regional District;

(

c) the area comprising all the land within the boundaries of the Mount Waddington Regional District;

(

d) the area comprising all the land within the boundaries of the Northern Rockies Regional District;

(

e) the area comprising all the land within the boundaries of the Powell River Regional District;

(

f) the area comprising all the land within the boundaries of the Skeena-Queen Charlottes Regional District;

(

g) the area comprising all the land within the boundaries of the Squamish-Lillooet Regional District;

(

h) the area comprising all the land within the boundaries of the Stikine Regional District;

(

i) the area comprising all the land within the boundaries of the Sunshine Coast Regional District.

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