Definitions

1 In this regulation:

"Act" means the Food Safety Act;

"animal" means, except in section 31, an animal raised for food;

"carcass" means the body of a dead animal and includes anything derived from or a part of the body of a dead animal;

"condemned" means, for an animal or carcass, determined by an inspector to be contaminated or otherwise unfit for human or animal consumption;

"equipment" means a non-food article that is used in the operation of a slaughter establishment;

"food premises" means "food premises" as defined in the Food Premises Regulation, B.C. Reg. 210/99;

"handwashing station" means a hand basin provided with

(a) hot and cold running water,

(b) soap in a dispenser, and

(c) a forced air hand dryer or a method of hand drying that uses products that are designed to be used only once and then discarded;

"held" means, for an animal or carcass, detained by an inspector for further examination or inspection by an inspector;

"inedible" means, for a carcass, determined by an inspector to be contaminated or otherwise unfit for human consumption but suitable for use for animal food;

"inspection legend stamp" means the stamp that an inspector imposes or causes to be imposed on a carcass at the time of inspection to indicate that the carcass is not contaminated and is fit for human consumption;

"licence" means a licence referred to in section 5 of the Act;

"licence holder" means a person who holds a licence for a slaughter establishment;

"livestock area" means the yards or pens of a slaughter establishment where animals are received and contained before slaughter;

"meat products" means anything derived from a carcass and includes organs, intestines and blood;

"passed" means, for an animal or carcass, determined by an inspector to be fit for human consumption;

"poultry" includes domesticated chickens, turkeys, ducks, geese, guinea fowl, ratites, squab and pheasants;

"process" includes the cutting, deboning, smoking, curing and packaging of a carcass;

"processing area" means an area of a slaughter establishment in which carcasses are processed;

"sanitizing station" means a rust resistant metal basin provided with a continuous flow of hot water maintained at a minimum temperature of 82°C;

"slaughter area" means an area of a slaughter establishment in which animals are slaughtered, eviscerated and sectioned;

"slaughter establishment" means a food establishment in which animals are slaughtered or slaughtered and processed;

"specified area" means an area specified in the Schedule to this regulation;

"storage area" means the area of a slaughter establishment in which carcasses are stored;

"transitional slaughter establishment" means a type of slaughter establishment that

(a) was operating before September 30, 2007 in an area of the Province that is outside all the specified areas,

(b) slaughters animals or slaughters animals and processes meat, and

(c) sells the meat referred to in paragraph (b) solely to residents of areas of the Province that are outside all the specified areas and on the condition that the meat is not resold.

[am. B.C. Reg. 299/2007, Sch. B, s. 1.]

Application to establishments

2 (1)  The Act does not apply to

(a) a slaughter establishment that is registered under the Meat Inspection Act (Canada), or

(b) the slaughter of an animal by the owner of the animal for the owner’s personal use and not for resale.

(2)  This regulation, other than sections 1, 4, 5, 6, 7, 8, 16, 17, 18 and 30, does not apply to a transitional slaughter establishment.

(3)  Repealed. [B.C. Reg. 299/2007, Sch. B, s. 3.]

[am. B.C. Regs. 408/2004; 76/2006, s. (a); 299/2007, Sch. B, ss. 2 and 3.]

Repealed

3 (1)  Repealed. [B.C. Reg. 349/2004, s. 3 (2).]

(2)  Spent.

[am. B.C. Regs. 76/2006, s. (b); 349/2004, s. 3 (2).]

Designation of slaughter establishment

4 Subject to section 2 (1), slaughter establishments are designated as being subject to Part 2 of the Act.

[en. B.C. Reg. 299/2007, Sch. B, s. 4.]

Application for and issue of licence

5 (1)  In order to obtain a licence for a slaughter establishment a person must

(a) apply to the minister on a form specified by the minister, and

(b) provide the minister with any information the minister reasonably requires in order to evaluate the application.

(2)  Repealed. [B.C. Reg. 299/2007, Sch. B, s. 5 (b).]

(3)  In addition to the requirements of subsection (1), a person who applies for a class C licence for a transitional slaughter establishment must establish that

(a) the transitional slaughter establishment was operating on and before September 30, 2007, in a location of the Province that is outside all the specified areas,

(b) one of the following types of plan was submitted and has been approved under section 8:

(i)  a plan for the construction of a new slaughter establishment to replace the transitional slaughter establishment for which the licence is sought, or

(ii)  a plan for alterations to the transitional slaughter establishment for which the licence is sought to enable that slaughter establishment to meet the requirements for a Class A or Class B licence, and

(c) as of the date this paragraph comes into force¹, the transitional slaughter establishment is operating in a location of the Province that is more than 100 km, or, if separated by marine waters, 15 nautical miles, from a slaughter establishment that

(i)  is operated under a Class A or B licence,

(ii)  slaughters animals of the same species as are slaughtered at the transitional slaughter establishment, and

(iii)  slaughters animals that are not owned by the licence holder.

(4)  If a person holds a Class C licence as of the date subsection (3) (c) comes into force¹, subsection (3) (c) does not apply to the licence or any application to renew the licence made before December 31, 2009.

[am. B.C. Regs. 299/2007, Sch. B, s. 5; 120/2008, s. 1]

Plan exemption for certain Class C applicants

5.1 (1)  In this section:

"business plan" means a plan relating to the proposed operation of

(a) a particular Class A or B slaughter establishment, or

(b) a Class A or B slaughter establishment in a particular area,

including a plan that assists in determining whether operation of that Class A or B slaughter establishment or operation in that area would be feasible;

"feasibility study" means a study to determine whether operation of a Class A or B slaughter establishment would be feasible generally in an area.

(2)  This section applies to applicants for a Class C licence to whom both of the following criteria apply:

(a) the term of the licence, if a licence is issued, will not include any period following December 31, 2009;

(b) a feasibility study or business plan is being or is proposed to be undertaken, or has been completed but further steps are required

(i)  to increase the feasibility of operating a Class A or B slaughter establishment,

(ii)  to implement recommendations of the feasibility study, or

(iii)  to implement the business plan.

(3)  The minister may exempt applicants described in subsection (2) of this section from the requirement to have a plan under section 5 (3) (b) if, in the minister’s opinion, it is necessary to maintain slaughter capacity in the area in which the transitional slaughter establishment is operating.

(4)  For the purposes of making a determination under subsection (3), the minister must consider all of the following:

(a) both

(i)  the need for slaughter capacity of the species to be slaughtered at the transitional slaughter establishment, and

(ii)  potential challenges to the sustainability of a Class A or B slaughter establishment

in the area in which the transitional slaughter establishment will operate or is operating;

(b) the volume of animals proposed to be slaughtered during the term of the licence;

(c) the remoteness of the location of the transitional slaughter establishment, including its proximity to a Class A or B slaughter establishment.

(5)  For the purposes of making a determination under subsection (3), the minister may refer the application to the minister responsible for the Animal Disease Control Act and that minister may provide an opinion in respect of the matters listed in subsection (4).

[en. B.C. Reg. 120/2008, s. 2.]

Classes of licences

6 (1)  A person must not operate a slaughter establishment that both slaughters animals and processes carcasses unless

(a) the person holds a Class A licence, or

(b) in the case of a transitional slaughter establishment, the person holds a Class C licence.

(2)  A person must not operate a slaughter establishment that slaughters animals but does not process carcasses unless

(a) the person holds a Class B licence, or

(b) in the case of a transitional slaughter establishment, the person holds a Class C licence.

[en. B.C. Reg. 299/2007, Sch. B, s. 6.]

Posting licence

7 A licence holder must post the licence in a conspicuous location in the slaughter establishment.

[am. B.C. Reg. 299/2007, Sch. B, s. 7.]

Plans and specifications to be approved

8 (1)  A person must not construct or alter a slaughter establishment or cause a slaughter establishment to be constructed or altered unless an inspector has approved the plans and specifications for the construction or alteration.

(2)  Before starting the construction or alteration of a slaughter establishment, an applicant for approval under subsection (1) must

(a) submit to an inspector a copy of the complete plans and specifications for the proposed construction or alteration, and

(b) provide the inspector with any other information respecting the proposed construction or alteration that the inspector reasonably requires.

(3)  The inspector may approve the plans and specifications submitted under subsection (2) if a slaughter establishment that is constructed or altered in accordance with the plans and specifications is, in the opinion of the inspector, capable of being operated in compliance with the requirements of section 9.

Obligations respecting the operation of establishments

9 (1)  A person must not operate a slaughter establishment unless the person

(a) ensures that the construction of the slaughter establishment is and remains sound,

(b) operates the slaughter establishment in a manner that ensures that the animals and carcasses are handled in a sanitary manner and without risk of contamination or spoilage of any carcass produced, stored or processed by the slaughter establishment,

(c) ensures that materials from which the slaughter establishment is constructed

(i)  are and remain suitable for their intended purpose, and

(ii)  are durable, easily cleaned and free from any noxious or toxic substances,

(d) ensures that the slaughter establishment is separate from and without direct access to

(i)  living quarters, or

(ii)  any area in which activities are carried out that are incompatible with the sanitary handling of animals or carcasses,

(e) supplies water to the slaughter establishment from a source that is both potable and not capable of contaminating a carcass,

(f) ensures that the slaughter establishment is connected at all times to a waste disposal system,

(g) supplies an adequate quantity of hot and cold water under the pressure necessary to meet the water needs of the establishment,

(h) provides artificial lighting that is adequate in intensity so as to enable the sanitary operation and maintenance of the establishment,

(i) provides staff dressing rooms that allow staff to change their clothing in a private and clean environment,

(j) maintains and uses ventilation equipment so as to prevent any accumulation of smoke, grease, water vapour and objectionable odours, and

(k) maintains and uses the equipment necessary so as to ensure that the slaughter of animals and the storage and processing of carcasses is done in a manner that is sanitary and poses no risk of contamination or spoilage of any carcasses produced, stored or processed by the slaughter establishment.

(2)  A person must not operate a slaughter establishment unless the person

(a) ensures that at all times there is a segregation of activities so that contamination of the animals or carcasses is prevented, including the segregation of the following areas from all other areas of the slaughter establishment:

(i)  the livestock area;

(ii)  the slaughter area;

(iii)  the processing area;

(iv)  the storage area,

(b) maintains and ensures that separate rooms, spaces and equipment are used solely for the segregation and disposal of held, inedible or condemned animals and carcasses, and

(c) maintains and uses a sufficient number of sanitizing stations to ensure the effective sanitizing of knives.

[am. B.C. Reg. 299/2007, Sch. B, s. 8.]

Inspection standard

10 In conducting an inspection of an animal or carcass in a slaughter establishment and in determining if an animal or carcass in a slaughter establishment is to be passed, held or condemned, an inspector must apply the standards related to food safety and animal health established under the Food and Drugs Act (Canada) and the Meat Inspection Act (Canada).

Removal of animals

11 A person must not remove an animal from the livestock area unless

(a) an inspector permits the removal, or

(b) it is removed in accordance with this Division.

Inspection of animals before slaughter

12 (1)  A licence holder must ensure that before an animal intended for slaughter leaves the livestock area, it is inspected by an inspector and identified as

(a) passed,

(b) held, or

(c) condemned.

(2)  Despite subsection (1), a licence holder may allow poultry or rabbits intended for slaughter to leave the livestock area after an inspector has inspected only a sample of the poultry or rabbits, as the case may be, and has identified the poultry or rabbits as

(a) passed,

(b) held, or

(c) condemned.

(3)  Subject to subsection (5), a licence holder may allow an animal to enter the slaughter area only if the animal is identified as passed under subsection (1) or (2).

(4)  A licence holder must move an animal that is identified as held or condemned under subsection (1) or (2) to the area specified by an inspector and keep the animal in that area until the inspector approves the animal entering the slaughter area or provides other instructions.

(5)  If the inspector provides approval under subsection (4), the licence holder may allow an animal in the held area to enter the slaughter area.

(6)  If an inspector identifies an animal as condemned under this section, the licence holder must slaughter the animal as directed by an inspector and remove the animal to the condemned area for disposal.

Humane slaughter

13 A licence holder must ensure that an animal in the slaughter establishment is kept before slaughter and slaughtered in accordance with the provisions relating to the humane treatment of animals in section 28 and Part III of the Meat Inspection Regulations (Canada), SOR 90/288.

Emergency slaughter

14 Despite section 12, if it is necessary to slaughter an animal at a slaughter establishment for humane reasons but an inspector is not present at the slaughter establishment, the licence holder of the slaughter establishment may slaughter the animal without the inspector's approval if the licence holder

(a) identifies the animal as held,

(b) removes the carcass to the held area for inspection by an inspector, and

(c) hangs the carcass with the following attached:

(i)  head;

(ii)  heart, lungs and liver;

(iii)  lymph glands;

(iv)  gastrointestinal tract.

Inspection of carcasses after slaughter

15 (1)  Unless section 14 applies, a licence holder must ensure that after the slaughter of an animal the carcass is not removed from the slaughter area until

(a) an inspector has inspected the carcass,

(b) an inspector has identified the carcass as

(i)  passed,

(ii)  held,

(iii)  inedible, or

(iv)  condemned, and

(c) an inspector or a person authorized by an inspector has placed an impression of the inspection legend stamp on each half or quarter carcass that is identified as passed under paragraph (b).

(2)  Subsection (1) (c) does not apply in respect of the carcasses of poultry or rabbits.

(3)  If under subsection (1) an inspector identifies a carcass as held, the licence holder must

(a) identify the carcass in the manner the inspector directs, and

(b) remove the carcass to the held area until the inspector provides further instructions with respect to that carcass.

(4)  If an inspector identifies a carcass under this section as inedible or condemned, the licence holder must

(a) identify the carcass in the manner the inspector directs,

(b) remove the carcass to the inedible area or condemned area, as the case may be, for disposal, and

(c) dispose of the carcass as directed by the inspector.

Inspection legend stamps

16 (1)  A licence holder of a slaughter establishment must ensure that an impression of the inspection legend stamp is not a part of the establishment's name or logo.

(2)  Unless authorized by an inspector, a person must not

(a) have an inspection legend stamp in his or her custody or control, or

(b) apply an inspection legend stamp to a carcass.

(3)  A person must not

(a) alter an inspection legend stamp, or

(b) use an inspection legend stamp on any held, inedible or condemned carcasses.

Package labels

17 (1)  A licence holder must ensure that packages containing meat products produced by the licence holder are labelled with the following information:

(a) the name and address of the slaughter establishment;

(b) a description of the contents of the package;

(c) the net weight or volume of the contents of the package;

(d) the identifying number issued by the minister to the slaughter establishment.

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

"Not Government Inspected – Not for Resale".

[am. B.C. Regs. 299/2007, Sch. B, s. 10; 120/2008, s. 3.]

Protection of carcasses from contamination

18 A licence holder must ensure that all carcasses at the slaughter establishment are

(a) protected from contamination, and

(b) stored, handled, prepared and packaged in a manner that is sanitary and is without risk of contamination or spoilage.

[am. B.C. Reg. 299/2007, Sch. B, s. 11.]

Storage temperature

19 The licence holder for a slaughter establishment must ensure that each carcass

(a) is stored at a room temperature of 4°C or less, or

(b) is kept in a processing area of the slaughter establishment

(i)  at a room temperature of 10°C or less, or

(ii)  for a period of 2 hours or less.

[en. B.C. Reg. 299/2007, Sch. B, s. 12.]

Notification of possible contamination

20 A licence holder must immediately notify an inspector of any circumstance at the slaughter establishment that might pose an immediate or significant risk of contamination of a carcass.

[am. B.C. Reg. 299/2007, Sch. B, s. 13.]

Equipment

21 A licence holder must ensure that all equipment in the slaughter establishment is

(a) constructed from materials that are

(i)  suitable for their intended purpose, and

(ii)  durable, easily cleaned and free from any noxious or toxic substance,

(b) in good working order, and

(c) operated in a manner that ensures that the handling of animals and carcasses is sanitary and is without risk of contamination or spoilage of carcasses.

[am. B.C. Reg. 299/2007, Sch. B, s. 14.]

Cleaning and maintenance

22 (1)  A licence holder must ensure that the slaughter establishment and the equipment in the slaughter establishment are maintained in a sanitary condition.

(2)  Without limiting subsection (1), a licence holder must ensure that the slaughter establishment and the equipment in the slaughter establishment are washed and sanitized in a manner that removes all contamination.

(3)  Without limiting subsection (1), a licence holder must provide at the slaughter establishment

(a) the facilities and equipment necessary to meet the requirements of subsections (1) and (2), and

(b) garbage or refuse containers that are

(i)  sufficient in size and number to meet the needs of that establishment, and

(ii)  pest-proof.

[am. B.C. Reg. 299/2007, Sch. B, s. 15.]

Storage

23 A licence holder must not permit anything that is not required for the operation of the slaughter establishment to be stored in that establishment.

[am. B.C. Reg. 299/2007, Sch. B, s. 16.]

Refrigeration equipment

24 A licence holder must ensure that all refrigeration equipment in the slaughter establishment

(a) is of a type and capacity that is adequate to meet the needs of that establishment,

(b) is capable of maintaining the temperatures required by section 19, and

(c) is equipped with a thermometer that is accurate to within 1° C.

[am. B.C. Reg. 299/2007, Sch. B, s. 16.]

Equipment for inedible or condemned carcass

25 A licence holder must ensure that equipment used in a slaughter establishment to collect inedible or condemned carcasses is clearly identified and used only for the collection or conveyance of inedible or condemned carcasses.

Employee hygiene

26 (1)  A licence holder must ensure that each employee, while working in the slaughter establishment,

(a) wears clean clothing and footwear,

(b) exhibits cleanliness and good personal hygiene,

(c) takes adequate measures to ensure that carcasses are not contaminated by hair,

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

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

(2)  A licence holder must supply and maintain in the slaughter establishment an adequate number of hand washing stations and ensure that the hand washing stations are located so that each employee has easy access to at least one hand washing station.

(3)  A licence holder must ensure that the slaughter establishment contains an adequate number of clean and sanitary washrooms for the number of persons working at that establishment.

[am. B.C. Reg. 299/2007, Sch. B, s. 16.]

Animal and carcass safety procedures

27 (1)  In this section:

"critical control point" means a location in a slaughter establishment, or a step in the establishment’s procedures, where failure to comply with the Act or this regulation might result in the contamination of carcasses or making carcasses otherwise unfit for human consumption;

"critical limit" means food safety standards that must be met at a critical control point.

(2)  After December 31, 2008, a licence holder must develop, maintain and follow written procedures that ensure that carcasses in the slaughter establishment are not contaminated or are not otherwise made unfit for human consumption.

(3)  The written procedures required under subsection (2) must include the following:

(a) the identification of all critical control points;

(b) the identification of all critical limits;

(c) the method to be followed to ensure adherence to the critical limits;

(d) the actions to be taken in the event that the critical limits are not adhered to.

[am. B.C. Reg. 299/2007, Sch. B, s. 17.]

Sanitation procedures

28 After December 31, 2008, a licence holder must develop, maintain and follow written procedures that ensure the slaughter establishment is operated in a manner that is sanitary and poses no risk of contamination or spoilage of carcasses, including, without limitation,

(a) the cleaning and sanitizing requirements for that establishment and for all equipment,

(b) the identification of cleaning and sanitizing agents used in that establishment, including their concentrations and their uses, and

(c) the identification of all pesticides used in that establishment, including their uses and their storage requirements.

[am. B.C. Reg. 299/2007, Sch. B, s. 18.]

Records

29 (1)  A licence holder of a slaughter establishment must maintain, for each animal that enters the slaughter establishment, records that show

(a) the location from which the animal was shipped to the slaughter establishment, and

(b) the name, address and telephone number of the person who owned the animal at the time it was shipped to the slaughter establishment.

(2)  A licence holder of a slaughter establishment need not maintain the records required under subsection (1) for a flock or shipment of poultry or rabbits if the licence holder maintains for the flock or shipment records that show

(a) the location from which the flock or shipment was shipped, and

(b) the name, address and telephone number of the person who owned the flock or shipment at the time it was shipped to the slaughter establishment.

Purchase and sale of carcasses

30 (1)  Subject to subsections (2) and (4), 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 on or before September 30, 2007 in an area of the Province located outside all the specified areas.

(2)  A person must not sell a carcass that was produced as described in subsection (1) (b) or (c)

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

(b) to food premises.

(3)  A person who purchases meat from a transitional slaughter establishment must not resell the meat.

(4)  If a carcass was produced as described in subsection (1) (c), a person must not sell the carcass on or after December 31, 2007.

[en. B.C. Reg. 299/2007, Sch. B, s. 19.]

Excluded animals

31 A licence holder must not permit an animal, other than an animal that is raised for food, to enter the slaughter establishment.

Pests

32 A licence holder must ensure that the slaughter establishment is

(a) free of pests,

(b) free of conditions that lead to the harbouring or breeding of pests, and

(c) protected against the entrance of pests.

[am. B.C. Reg. 299/2007, Sch. B, s. 20.]

Storage of chemicals

33 A licence holder must ensure that chemicals, cleansers and other similar non-food substances that are on the premises of the slaughter establishment are stored in

(a) a room or cabinet separate from any carcasses, and

(b) non-food containers that are clearly labelled to identify the contents.

[am. B.C. Reg. 299/2007, Sch. B, s. 21.]

Recalls

34 A licence holder must develop and maintain written procedures that, when followed, ensure that the licence holder is able to comply with an order under section 12 (4) (c) of the Act for the immediate recall of a carcass distributed from the slaughter establishment.

[am. B.C. Reg. 299/2007, Sch. B, s. 21.]

Inspectors

35 A licence holder must ensure that

(a) an office and a clean and sanitary washroom are conveniently located in or close to the slaughter establishment for easy access by inspectors, and

(b) the office referred to in paragraph (a) contains a locked cabinet and other furniture and equipment that an inspector needs in order to carry out the powers, functions and duties of an inspector under the Act.

[am. B.C. Reg. 299/2007, Sch. B, s. 22.]

Offences

36 A person who contravenes section 6, 7, 8 (1) or (2), 9, 11, 12, 13, 15 (1), (3) or (4), 16 or 17 to 35 commits an offence.