O. Reg. 221/05: Meat

 

ontario regulation 221/05

made under the

food safety and quality act, 2001

Made: May 18, 2005
Filed: May 19, 2005
Printed in The Ontario Gazette: June 4, 2005

Amending O. Reg. 31/05

(Meat)

1. Subsection 2 (1) of Ontario Regulation 31/05 is amended by,

(a) striking out “21 (4)” and substituting “21 (7)”; and

(b) striking out “27 (3), (4) and (5)” and substituting “27 (7)”,

in the portion before clause (a).

2. (1) Paragraph 4 of subsection 5 (1) of the Regulation is revoked and the following substituted:

4. Any other activity carried on in respect of operating the plant that is regulated under this Regulation.

(2) Paragraph 3 of subsection 5 (2) of the Regulation is revoked and the following substituted:

3. Any other activity carried on in respect of operating the plant that is regulated under this Regulation.

3. Subsection 6 (1) of the Regulation is amended by striking out “and” at the end of clause (d), by adding “and” at the end of clause (e) and by adding the following clause:

(f) a schedule of the days and times at which the applicant anticipates or plans that,

(i) carcasses of food animals will be dressed or partially dressed at the plant, and

(ii) meat products will be processed, packaged, handled, distributed or sold at the plant.

4. Section 11 of the Regulation is revoked and the following substituted:

Expiry of licences

11. (1) A licence expires on March 31 next following its issuance or renewal.

(2) A licensee must apply for renewal of a licence before January 31 immediately preceding its expiry in order for the licence to be deemed to continue under subsection 6 (6) of the Act.

Licences — transition

11.1 (1) A licence that was issued or renewed under the Meat Inspection Act (Ontario) before the day this section comes into force is continued as a licence to operate a slaughter plant under the Food Safety and Quality Act, 2001 and expires on March 31, 2006.

(2) If a licence described in subsection (1) was subject to any conditions or limitations including, but not limited to, a suspension, the licence is continued subject to the same conditions.

(3) A licence that was deemed to continue pending renewal under subsection 5 (3) of the Meat Inspection Act (Ontario) for which the Director has not issued a decision on the application for renewal under that Act before the day this section comes into force is continued as a licence to operate a slaughter plant under the Food Safety and Quality Act, 2001, subject to the following:

1. The application for renewal made under the Meat Inspection Act (Ontario) shall be treated as an application for a renewal of a licence to operate a slaughter plant under the Food Safety and Quality Act, 2001 and this Regulation.

2. The licence shall continue until a director makes a decision with respect to its renewal in accordance with the Food Safety and Quality Act, 2001 and this Regulation.

5. Section 12 of the Regulation is amended by adding the following subsection:

(4) An operator shall ensure that the schedule submitted under clause 6 (1) (f) remains up to date and shall inform a director, in writing, every time there will be a change to the schedule.

6. Subsection 16 (3) of the Regulation is amended by striking out “coved joints” and substituting “joints that are coved or constructed in a manner that will allow them to be readily and effectively cleaned and will prevent any material from accumulating in them”.

7. The Table to subsection 17 (1) of the Regulation is revoked and the following substituted:

 

Item	Column 1	Column 2
	Rooms or Areas of Meat Plant	Minimum Level of Illumination
1.	Post mortem inspection stations	800 lux
2.	Returned product examination areas	540 lux
3.	Ante mortem inspection stations	540 lux
4.	All rooms and areas where meat products and ingredients are stored in dry storage, refrigeration facilities or freezing facilities	110 lux
5.	Killing room and rooms and areas where carcasses are dressed or where meat products are processed, packaged or labelled	220 lux
6.	All rooms and areas, such as maintenance closets, where there are no meat products	110 lux

8. Subsection 18 (2) of the Regulation is amended by adding “post mortem” before “inspection stations”.

9. The Regulation is amended by adding the following section:

Returned product examination area

20.1 A meat plant shall have a designated area for the examination of returned meat products, which may be part of another room or area at the plant.

10. Section 21 of the Regulation is revoked and the following substituted:

Facilities for inspectors

21. (1) A slaughter plant shall have,

(a) one ante mortem inspection station for performing detailed inspections that is acceptable to a regional veterinarian in accordance with subsection (3);

(b) the number of post mortem inspection stations in the killing room that a director requires the plant to have under subsection (4) located at a spot in the killing room acceptable to a regional veterinarian;

(c) a sufficient number of lockers so that each inspector working at the plant at any time has, for his or her exclusive use, a locker that,

(i) is capable of being locked,

(ii) has a minimum volume of 0.62 cubic metres, and

(iii) is suitable for the protection and storage of the inspector’s equipment and supplies.

(2) In addition to the requirements set out in subsection (1), a slaughter plant shall have,

(a) in the case of a plant that normally requires ante mortem or post mortem inspections on fewer than three days per week, for the use of inspectors, a workstation, a telephone line and a telephone, each of which must be in a location acceptable to a regional veterinarian;

(b) in the case of a plant that normally requires ante mortem or post mortem inspections on three days or more per week, a furnished office in an appropriate area of the plant for the exclusive use of inspectors that has a work surface measuring no less than 0.508 metres by 1.118 metres, heating, lighting, ventilation, an electrical outlet and a telephone line and telephone for the exclusive use of inspectors.

(3) In determining whether an ante mortem inspection station required under clause 21 (1) (a) is acceptable, a regional veterinarian shall have regard to whether the station,

(a) allows an inspector to view the entire animal at once;

(b) allows an inspector to adequately view every part of the animal; and

(c) allows for an animal to be adequately restrained.

(4) A director may require a slaughter plant to have a specified number of post mortem inspection stations that, in the director’s opinion, are necessary for effective performance of post mortem inspections, having regard to,

(a) the type of food animals slaughtered at the plant;

(b) the volume of animals that, given the capacity of the plant, would be on a slaughter line at any given time;

(c) the speed of the slaughter line;

(d) the design of the killing room and product flow within the killing room; and

(e) the method of post mortem inspection used.

(5) A freestanding meat plant shall have, for the use of inspectors, a workstation, a telephone line and a telephone, each of which must be in a location acceptable to a regional veterinarian.

(6) In addition to the other requirements set out in this section, every meat plant shall have facilities for inspectors that are adequate to allow for the effective performance of the inspection activities carried on at the plant.

(7) A freestanding meat plant described in Column 1 of the following Table shall have, if it is in operation on or after the date set out opposite it in Column 2, a sufficient number of lockers so that each inspector working at the plant at any time has, for his or her exclusive use, a locker that,

(a) is capable of being locked;

(b) has a minimum volume of 0.62 cubic metres; and

(c) is suitable for the protection and storage of the inspector’s equipment and supplies.

TABLE
date of phase-in

 

Column 1	Column 2
Type of Freestanding Meat Plant	Date of Phase-In
freestanding meat plant that, in 2004, processed meat products of more than 1 million kilograms	April 1, 2006
freestanding meat plant that, in 2004, processed meat products of more than 500,000 kilograms but no more than 1 million kilograms	April 1, 2007
freestanding meat plant that, in 2004, processed meat products of no more than 500,000 kilograms or did not process meat products	October 1, 2007

11. Subsection 21 (2) of the Regulation, as remade by section 10, is amended by adding the following clause:

(c) in the case of a plant that normally requires ante mortem or post mortem inspections on five days or more per week, a washroom that meets the requirements set out in subsection 27 (4) for the exclusive use of inspectors.

12. Subsection 22 (1) of the Regulation is amended by striking out “slaughter” and substituting “meat”.

13. (1) Clause 24 (1) (g) of the Regulation is amended by adding “prior to dressing” at the end.

(2) Clause 24 (1) (j) of the Regulation is amended by adding “prior to chilling” at the end.

14. (1) Clause 25 (1) (d) of the Regulation is amended by adding “prior to dressing” at the end.

(2) Clause 25 (1) (g) of the Regulation is amended by adding “prior to chilling” at the end.

15. Section 27 of the Regulation is revoked and the following substituted:

Washrooms and hand washing facilities

27. (1) In this section,

“person at a meat plant” includes the operator of the plant and the operator’s employees at the plant.

(2) The washroom facilities and hand washing facilities required under this section shall be accessible to inspectors.

(3) A meat plant shall have,

(a) at least one washroom facility that meets the requirements of subsection (4);

(b) separate washroom facilities to serve each sex of persons at the plant unless there are no more than nine persons at the plant or the total area of the plant, excluding the basement, is no more than 300 square metres;

(c) hand washing facilities that are remote functioning or timed, in the killing room and rooms or areas where carcasses are dressed; and

(d) directly drained hand washing facilities that are remote functioning or timed, in rooms or areas where meat products are processed or handled.

(4) Each washroom facility at a meat plant shall meet the following requirements:

1. It shall be capable of being kept clean and sanitary.

2. It shall be lit, heated and ventilated to the outside of the plant.

3. It shall be separate from and shall not lead directly into any room where carcasses, parts of carcasses or meat products are prepared, packaged, labelled, refrigerated, stored or otherwise handled.

4. It shall be enclosed by floor to ceiling walls and full-length self-closing doors.

5. It shall be equipped with hand washing facilities that are remote functioning or timed, and be equipped with soap and single-use paper towel dispensers.

6. It shall have notices instructing users to clean their hands with soap and water immediately after using toilets.

7. It shall be equipped with at least one toilet.

(5) In the case of a plant that only has one washroom facility that is for the use of all persons at the plant, the door to the washroom facility shall be capable of being locked from the inside.

(6) A meat plant that is required to have more than one washroom facility under clause (3) (b) shall be equipped with at least the number of toilets for each sex specified in Column 2 to the following Table opposite the number of persons of each sex specified in Column 1 at the plant:

Table
minimum number of toilets for each sex

 

Item	Column 1	Column 2
	Number of Persons of Each Sex at the Plant	Minimum Number of Toilets for Each Sex
1.	1 to 9	1
2.	10 to 24	2
3.	25 to 49	3
4.	50 to 74	4
5.	75 to 100	5
6.	More than 100	6 plus 1 for each additional increment of 30 persons of each sex in excess of 100

(7) The requirements set out in clause (3) (b) and subsection (6) apply to a meat plant described in Column 1 of the following Table only if the plant is in operation on or after the date set out opposite it in Column 2:

TABLE
date of phase-in

 

Column 1	Column 2
Type of Meat Plant	Date of Phase-In
slaughter plant	April 1, 2006
freestanding meat plant that, in 2004, processed meat products of more than 1 million kilograms	April 1, 2006
freestanding meat plant that, in 2004, processed meat products of more than 500,000 kilograms but no more than 1 million kilograms	April 1, 2007
freestanding meat plant that, in 2004, processed meat products of no more than 500,000 kilograms or did not process meat products	October 1, 2007

16. (1) Subsections 28 (1) and (2) of the Regulation are amended by striking out “dressing” wherever it occurs and substituting in each case “changing”.

(2) Subsection 28 (3) of the Regulation is revoked and the following substituted:

(3) A changing room or area required under subsection (1) or (2) shall meet the following requirements:

1. It shall be capable of being kept clean and sanitary.

2. It shall be lit, heated and ventilated.

3. It shall be separate from and shall not lead directly into any room where carcasses, parts of carcasses or meat products are prepared, packaged, labelled, refrigerated, stored or otherwise handled.

17. (1) Subsection 29 (2) of the Regulation is revoked and the following substituted:

(2) A slaughter plant shall be equipped for,

(a) conveying ill, injured or disabled food animals in a humane manner; and

(b) euthanizing food animals that have been identified as condemned in accordance with Part VIII.

(2) Subsection 29 (3) of the Regulation is amended by adding “other than rabbits or birds that are not ratites” after “food animals” in the portion before clause (a).

(3) Subsection 29 (4) of the Regulation is amended by striking out “food animals” in the portion before clause (a) and substituting “any food animal”.

(4) Subsection 29 (5) of the Regulation is amended by striking out “subsections (3) and” and substituting “subsection”.

18. Subsection 34 (2) of the Regulation is amended by striking out “and” at the end of clause (b) and by revoking clause (c) and substituting the following:

(c) handled in a manner that prevents its contamination;

(d) stored in a manner that prevents its contamination; and

(e) without limiting the generality of clause (d), stored in covered containers that are,

(i) used solely for storing ice,

(ii) clearly marked as ice storage containers, and

(iii) cleaned and sanitized immediately before each refilling.

19. Section 40 of the Regulation is revoked and the following substituted:

Notice of remedial steps

40. The operator of a meat plant shall inform an inspector on the premises of the plant, if any, and the regional veterinarian immediately upon,

(a) being notified by the owner of a drinking-water system or the operating authority for the system under Schedule 17 or 18 to Ontario Regulation 170/03 (Drinking-Water Systems) made under the Safe Drinking Water Act, 2002 to use an alternate source of drinking water or to bring water to a rapid rolling boil for at least one minute before use;

(b) receiving an order under section 13 of the Health Promotion and Protection Act to use an alternate source of drinking water or to bring water to a rapid rolling boil for at least one minute before use; or

(c) becoming aware of an advisory to use an alternate source of drinking water or to bring water to a rapid rolling boil for at least one minute before use that applies in the area where the plant is located.

20. Section 51 of the Regulation is amended by adding the following subsections:

(1.1) The operator of a meat plant shall ensure that the temperature of every refrigeration and freezing facility required under section 30 is recorded during the pre-operational inspection conducted each day under subsection 47 (6).

(1.2) The operator shall keep the written records required by subsection (1.1) at the plant at least until the anniversary of the date on which they are made.

21. (1) Subsection 53 (2) of the Regulation is revoked and the following substituted:

(2) Without limiting the generality of subsection (1), the operator of a meat plant shall ensure that every person who is required by that subsection to keep clean hands washes his or her hands thoroughly with soap and water,

(a) between handling meat products that are incompatible with each other;

(b) before exiting a washroom facility;

(c) each time his or her hands have been exposed to a source of contamination; and

(d) each time he or she enters a room or area where food animals are slaughtered, where carcasses or parts of carcasses are dressed or where parts of carcasses or meat products are processed.

(2.1) Despite clauses (2) (c) and (d), the operator is not required to ensure that a person washes his or her hands if the following conditions apply:

1. The person enters a room or area where food animals are slaughtered or where carcasses or parts of carcasses are dressed for the sole purpose of delivering an animal into the room or area.

2. The person leaves the room or area immediately after delivering the animal.

3. After leaving the room or area, the person will not engage in the processing, packaging, labelling, handling or storing of a carcass, part of a carcass or a meat product.

4. After leaving the room or area, the person will not enter any other room or area of the plant where carcasses or parts of carcasses are dressed or where carcasses, parts of carcasses or meat products are processed, packaged, labelled, handled or stored.

(2) Clause 53 (4) (e) of the Regulation is amended by adding “or other footwear sanitizing facility” after “footwear dip”.

22. Subsection 73 (3) of the Regulation is amended by adding “an” after “received”.

23. Subsection 76 (1) of the Regulation is amended by striking out “sections 77 and 78” and substituting “section 77”.

24. Clause 77 (1) (a) of the Regulation is amended by adding “an” after “received”.

25. Section 78 of the Regulation is revoked.

26. Subsection 82 (5) of the Regulation is amended by striking out “is it” and substituting “it is”.

27. Section 84 of the Regulation is revoked and the following substituted:

Entry of carcass into meat plant

84. No person shall permit a carcass or part of a carcass to enter a meat plant unless it is derived from a food animal and,

(a) has received a post mortem inspection and approval for use as food in accordance with this Part;

(b) has been inspected at a registered establishment as defined in the Meat Inspection Act (Canada) and approved for use as food in accordance with that Act and the regulations made under it;

(c) has been imported into Canada in accordance with the Meat Inspection Act (Canada) and the regulations made under it; or

(d) the animal died during transportation to the plant and the operator of the plant is required under section 65 to condemn and dispose of the carcass.

28. Section 102 of the Regulation is amended by adding the following subsections:

(5) If the operator does not comply with subsection (4), an inspector may, without a hearing,

(a) seize the meat product;

(b) condemn and dispose of the meat product or arrange for its condemnation and disposal; and

(c) order the operator to pay for the condemnation and disposal of the meat product.

(6) The operator shall comply with an order of the inspector made under clause (5) (c).

29. (1) Clause 106 (6) (a) of the Regulation is amended by striking out “the tract” and substituting “the part of the tract”.

(2) Clause 106 (6) (b) of the Regulation is revoked and the following substituted:

(b) the part of the tract is scalded and bleached or effectively cleaned in some other manner;

(b.1) the part of the tract is not contaminated;

(3) Clause 106 (6) (c) of the Regulation is amended,

(a) by striking out “clean” and substituting “examined and found to be clean”; and

(b) by striking out “and” at the end.

(4) Clause 106 (6) (d) of the Regulation is amended by adding “after being examined for cleanliness under clause (c); and” at the end.

(5) Subsection 106 (6) of the Regulation is amended by adding the following clause:

(e) in the case of a part of a tract that has not been scalded and bleached, the part of the tract is individually packaged and labelled in accordance with subsection 119 (4).

30. (1) Subsection 115 (1) of the Regulation is amended by striking out “for use as food” at the end.

(2) Section 115 of the Regulation is amended by adding the following subsection:

(4) Substances and materials that are used as a label for a meat product and that come into contact with the product shall be durable, free of contaminants and suitable for being a label.

31. (1) Subsection 116 (1) of the Regulation is revoked and the following substituted:

Form of labels

(1) A meat product shall have a label that,

(a) meets the requirements of section 117 if the meat product is a carcass or half carcass or is raw meat or a raw meat by-product derived from such a carcass; and

(b) meets the requirements of section 118 in the case of any other meat product.

(2) Subsection 116 (4) of the Regulation is revoked.

32. Section 117 of the Regulation is revoked and the following substituted:

Labels for raw meat

117. (1) Subject to subsections (2) and (3), the label required for a meat product that is a carcass or half carcass or is raw meat or a raw meat by-product derived from such a carcass shall be a stamp of a legible inspection legend on it.

(2) If the meat product is a carcass of a rabbit or a bird other than a ratite and it is impracticable to stamp a legible inspection legend on it, the label required shall be a carcass tag that complies with subsection 118 (5), or,

(a) in the case of a carcass that is packaged in a sealed bag, a printed inspection legend that is visible on or within the sealed bag or that is on a label used in conjunction with the sealed bag;

(b) in the case of a carcass that is pre-packaged, a label that complies with subsections 118 (1) and (2); or

(c) in the case of a carcass that is packaged in a bulk container and will be shipped in the bulk container to another meat plant operated by a licensee for processing, a label that complies with subsections 118 (3) and (4).

(3) If the meat product is a carcass, other than one described in subsection (2), or half carcass or is raw meat or a raw meat by-product derived from such a carcass, the label required shall be,

(a) in the case of a meat product that is packaged in a sealed bag, a printed inspection legend that is visible on or within the sealed bag or that is on a label used in conjunction with the sealed bag;

(b) in the case of a meat product that is pre-packaged, a label that complies with subsections 118 (1) and (2); or

(c) in the case of a meat product that is packaged in a bulk container, a label that complies with subsections 118 (3) and (4).

33. (1) Clause 118 (2) (i) of the Regulation is amended by striking out “dressed or partially dressed”.

(2) Clause 118 (4) (h) of the Regulation is amended by striking out “dressed carcass or partially dressed”.

(3) Subsection 118 (5) of the Regulation is amended by,

(a) striking out “dressed or partially dressed”; and

(b) striking out “breast tag” and substituting “carcass tag”,

in the portion before clause (a).

(4) Subsection 118 (6) of the Regulation is amended by striking out “breast tag” in the portion before clause (a) and substituting “carcass tag”.

(5) Clause 118 (6) (h) of the Regulation is amended by striking out “dressed or partially dressed”.

34. Section 119 of the Regulation is amended by adding the following subsection:

(4) If the label required for a meat product is required to show the identity of the product and the product is a part of an alimentary tract that has not been scalded and bleached but has been cleaned in some other manner under clause 106 (6) (b), the label shall show the words “clean, green” as part of the description of the product.

35. Subsection 122 (1) of the Regulation is amended by striking out “breast tag attached to a dressed or partially dressed” and substituting “carcass tag attached to a”.

36. Section 131 of the Regulation is revoked.

37. Clause 134 (2) (b) of the Regulation is revoked and the following substituted:

(b) the carcass of a food animal that dies during transportation if the transport container in which it dies does not contain meat products or any carcasses, other than the carcass of another food animal that has also died during transportation.

38. Section 135 of the Regulation is revoked.

39. The Regulation is amended by adding the following Part:

Part XIV.1
Administration

Inspection schedule

138.1 (1) A director may assign one or more inspectors to perform ante mortem or post mortem inspections at a slaughter plant and may establish an inspection schedule that sets out,

(a) the days and times at which inspectors will normally be assigned to perform inspections at the plant; and

(b) the number of inspectors who will normally be assigned to perform inspections at any specified time in the schedule.

(2) Every operator of a slaughter plant shall inform a director at least 48 hours before the start of a day if the ante mortem or post mortem inspections that would normally have been performed during that day in accordance with the plant’s inspection schedule will not be required.

Supplementary inspection time

138.2 (1) A director may, at the request of the operator of a slaughter plant, assign one or more inspectors who are not veterinary inspectors to the plant for the purposes of performing supplementary ante mortem or post mortem inspections at times that fall outside the times a director has assigned inspectors to perform inspections at the plant under subsection 138.1 (1).

(2) Every operator of a slaughter plant shall inform a director at least 48 hours before the start of a day on which a director has assigned inspectors to perform inspections at the plant under this section if the ante mortem or post mortem inspections that would have been performed during that day will not be required.

Supplementary inspection time — veterinary inspectors

138.3 A veterinary inspector may, at the request of the operator of a slaughter plant, perform ante mortem or post mortem inspections at the plant at times that fall outside the times a director has assigned inspectors to perform inspections at the plant under subsection 138.1 (1).

Other supplementary inspections

138.4 A director may, at the request of the operator of a meat plant, assign one or more inspectors who are not veterinary inspectors to the plant for the purposes of providing services other than ante mortem or post mortem inspections.

Inspector may refuse services

138.5 (1) If, in an inspector’s opinion, a person at a meat plant has contravened a provision of the Act or this Regulation or an order of an inspector, the inspector may refuse to provide his or her services at the plant for up to 24 consecutive hours.

(2) On refusing to provide his or her services, an inspector shall immediately inform a regional veterinarian and explain the circumstances that led to the refusal.

40. Section 138.1 of the Regulation, as made by section 39, is amended by adding the following subsection:

(1.1) A director shall not assign inspectors under subsection (1) to perform inspections at a plant in excess of 7.5 hours in a day and 37.5 hours in any seven-day period.

41. Subsection 138.2 (1) of the Regulation, as made by section 39, is revoked and the following substituted:

Supplementary inspection time

(1) A director may, at the request of the operator of a slaughter plant, assign one or more inspectors who are not veterinary inspectors to the plant for the purposes of performing supplementary ante mortem or post mortem inspections,

(a) at times that fall outside the times a director has assigned inspectors to perform inspections at the plant under subsection 138.1 (1); or

(b) for time in excess of the maximum times referred to in subsection 138.1 (1.1).

42. Section 138.3 of the Regulation, as made by section 39, is revoked and the following substituted:

Supplementary inspection time — veterinary inspectors

138.3 A veterinary inspector may, at the request of the operator of a slaughter plant, perform ante mortem or post mortem inspections at the plant,

(a) at times that fall outside the times a director has assigned inspectors to perform inspections at the plant under subsection 138.1 (1); or

(b) for time in excess of the maximum times referred to in subsection 138.1 (1.1).

43. (1) Subject to subsections (2) and (3), this Regulation comes into force on June 1, 2005.

(2) Section 11 comes into force on April 1, 2006.

(3) Sections 40, 41 and 42 come into force on September 1, 2005.