303_2016 — Poultry Health and Buying Regulation

1

Definition

s. 1 — Definition

In this regulation, Act means the Animal Health Act.

2

Poultry Health Program

s. 2 — Definitions

In this Part:

s. 2 — breeding flock

breeding flock means chickens and turkeys located on a premises for the purpose of producing hatching eggs to be used to

s. 2(a)

establish, continue or improve parent lines from which chickens or turkeys used to produce commercial stock may be produced, or

s. 2(b)

produce commercial stock;

s. 2 — poultry health program

poultry health program means the animal health program described in section 4 [poultry health program].

s. 3 — Keeping breeding flocks

Keeping a breeding flock is prescribed as a regulated activity for the purposes of the Act.

s. 4 — Poultry health program

s. 4(1)

The poultry health program is established as an animal health program under the Act.

s. 4(2)

The purpose of the poultry health program is as follows:

s. 4(2)(a)

to ensure that operators are using appropriate preventive measures to prevent, to the extent reasonably possible, the presence, transmission or spread of notifiable and reportable diseases among breeding flocks;

s. 4(2)(b)

to monitor compliance, by an operator, with sections 3 and 20 of the Act with respect to the operator's breeding flock;

s. 4(2)(c)

to confirm that breeding flocks located in areas specified by the chief veterinarian are free of notifiable and reportable diseases.

s. 5 — Program inspections

s. 5(1)

In this section, board means a commission or marketing board under the Natural Products Marketing (BC) Act.

s. 5(2)

To identify operators who may be keeping breeding flocks, an inspector may request from a board the following information:

s. 5(2)(a)

the names and contact information of persons registered with the board as persons who keep breeding flocks;

s. 5(2)(b)

the location of breeding flocks known to the board.

s. 5(3)

An inspector may take an action described in sections 23 (1) and 24 of the Act for the purpose of the poultry health program.

s. 5(4)

Without limiting section 24 (1) (d) of the Act, an inspector may request an operator to produce for inspection any record the operator is required by a board to keep in relation to the operator's breeding flock.

s. 6 — Program preventive measures

s. 6(1)

For the purpose of the poultry health program, an operator must take the following preventive measures as directed, in writing, by an inspector:

s. 6(1)(a)

have the operator's breeding flock examined by a veterinarian;

s. 6(1)(b)

have the veterinarian

s. 6(1)(b)(i)

take blood or other samples from birds in the breeding flock, and

s. 6(1)(b)(ii)

send the samples to a laboratory for diagnostic examination.

s. 6(2)

Without limiting any power of an inspector under section 5 (2) (f) or 24 (1) of the Act, an inspector may, for the purpose of the poultry health program, require an operator to comply with one or more standards, measures, requirements or recommendations contained in either of the following publications:

s. 6(2)(a)

"BC Poultry Biosecurity Reference Guide", published by the BC Poultry Association and as revised December 2012;

s. 6(2)(b)

the "Code of Practice for the Care and Handling of Hatching Eggs, Breeders, Chickens and Turkeys", published by the National Farm Animal Care Council, 2016.

3

Poultry Buying

s. 7 — Definitions

In this Part:

s. 7 — poultry

poultry means chicken, chicken capon, fowl, turkey, duck and geese;

s. 7 — producer

producer means a farmer who transports or distributes only poultry raised on the farmer's own farm;

s. 7 — slaughter

slaughter means to kill poultry and remove the blood, feathers, head, legs at the hock joints, entrails and internal organs from the carcass;

s. 7 — slaughterhouse

slaughterhouse means a place where poultry are slaughtered or held for slaughter.

s. 8 — Distribution by producer to consumers

s. 8(1)

The distribution, by a producer, of slaughtered poultry is prescribed as a regulated activity for the purposes of the Act.

s. 8(2)

A producer must not engage in a regulated activity prescribed under this section unless all of the following conditions are met:

s. 8(2)(a)

the poultry was slaughtered by a person

s. 8(2)(a)(i)

permitted to acquire live poultry for the purpose of slaughter and resale under section 9 (2) [acquisition for slaughter and resale], or

s. 8(2)(a)(ii)

licensed under the Meat Inspection Regulation to slaughter poultry;

s. 8(2)(b)

the producer distributes the slaughtered poultry only

s. 8(2)(b)(i)

from the producer's farm or residence, and

s. 8(2)(b)(ii)

to persons buying the slaughtered poultry for personal use and not for resale.

s. 8(3)

A producer who distributes slaughtered poultry in accordance with this section must keep a record of the following:

s. 8(3)(a)

for each distribution, the amount of poultry distributed and the date;

s. 8(3)(b)

the name and contact information of the person who slaughtered the poultry.

s. 8(4)

A producer must ensure that all records that must be kept under subsection (3) are kept

s. 8(4)(a)

in the form and manner required by the chief veterinarian, and

s. 8(4)(b)

for a period of at least 2 years.

s. 9 — Acquisition for slaughter and resale

s. 9(1)

The acquisition of live poultry for the purpose of slaughter and resale is prescribed as a regulated activity for the purposes of the Act.

s. 9(2)

A person must not engage in a regulated activity prescribed under this section unless the person

s. 9(2)(a)

is licensed as a poultry buyer or is an employee, within the meaning of section 10 of the Act, of a person who is licensed as a poultry buyer, and

s. 9(2)(b)

slaughters poultry only in a slaughterhouse identified in the poultry buyer's licence.

s. 10 — How to apply for licence

s. 10(1)

An applicant for a licence as a poultry buyer, including an applicant to renew a licence, must include with the application a fee as follows:

s. 10(1)(a)

for a single slaughterhouse, $45;

s. 10(1)(b)

for multiple slaughterhouses,

s. 10(1)(b)(i)

$45 with respect to the first location, and

s. 10(1)(b)(ii)

$23 with respect to each additional location.

s. 10(2)

An application for renewal must

s. 10(2)(a)

be made on or before the last day of February, and

s. 10(2)(b)

include a statement of the total purchase price of all poultry bought, under the licence to be renewed, by or on behalf of the licensee in the previous calendar year.

s. 10(3)

If an applicant for a poultry buyers licence is not an individual, the applicant must include with the application, in addition to any other information required by the chief veterinarian, the name and contact information of the individual who is authorized to act under this regulation on behalf of the licensee if the licence is issued.

s. 11 — Issuance of licence

s. 11(1)

The chief veterinarian must not issue a poultry buyers licence to an applicant who does not have security as required by section 12 [licensees must be secured] unless the licence

s. 11(1)(a)

is issued on a temporary basis only, and

s. 11(1)(b)

includes as a condition that the licence holder must obtain security as required by section 12.

s. 11(2)

If the chief veterinarian issues a poultry buyers licence to an applicant who is not an individual,

s. 11(2)(a)

the chief veterinarian must state on the licence the name of the individual referred to in section 10 (3) [how to apply for licence], and

s. 11(2)(b)

the only person who may engage in the regulated activity prescribed under section 9 (1) [regulated activities] on behalf of the licensee is the individual named on the licence under paragraph (a) of this subsection.

s. 11(3)

If requested by a licensee in writing, the chief veterinarian may amend the licensee's licence to substitute another individual who is authorized under subsection (2) (b) to act on behalf of the licensee.

s. 11(4)

A person may hold more than one licence, but must hold a separate licence in respect of each slaughterhouse at which the person intends to engage in the regulated activity prescribed under section 9 (1).

s. 12 — Licensees must be secured

A person licensed as a poultry buyer must deliver to the chief veterinarian, in respect of each poultry buyers licence the person holds, security against default by the licensee of payment of money due for the purchase price of poultry bought by or on behalf of the licensee as follows:

s. 12(a)

the security must be in the form of either or both of the following:

s. 12(a)(i)

an irrevocable letter of credit issued by a savings institution;

s. 12(a)(ii)

a surety bond issued by a person authorized under the Financial Institutions Act, or an enactment of any jurisdiction of Canada other than British Columbia, to carry on insurance business;

s. 12(b)

the security must be in favour of Her Majesty the Queen in right of the Province of British Columbia as obligee;

s. 12(c)

the security must be continuous until the earlier of

s. 12(c)(i)

one year past the expiry of the licence, and

s. 12(c)(ii)

release under section 15 [claims against and release of security];

s. 12(d)

the amount of the security must be at least the amount set out in Column 2 of the following table opposite the range set out in Column 1 that applies to the purchase price stated under section 10 (2) (b) [how to apply for licence]:

s. 13 — Records of poultry buyers

s. 13(1)

In this section, transaction means the acquisition of one or more live poultry from a producer by a person who holds a poultry buyers licence.

s. 13(2)

A licensee must provide to a producer a record of all of the following in respect of each transaction:

s. 13(2)(a)

the number and kind of poultry acquired;

s. 13(2)(b)

the date on which the poultry was acquired.

s. 13(3)

A licensee must keep records of at least the following in relation to each transaction:

s. 13(3)(a)

a copy of the record referred to in subsection (2);

s. 13(3)(b)

the name and contact information of the producer;

s. 13(3)(c)

a description of any identifying numbers, tags or marks associated with the acquired poultry;

s. 13(3)(d)

the name and address of the person to whom the slaughtered poultry was disposed of;

s. 13(3)(e)

if transported by the licensee or a person acting on behalf of the licensee,

s. 13(3)(e)(i)

the place from which, and the place to which, the poultry was transported, and

s. 13(3)(e)(ii)

the dates of transportation.

s. 13(4)

A licensee must ensure that all records that must be kept under subsection (3) are kept

s. 13(4)(a)

in the form and manner required by the chief veterinarian, and

s. 13(4)(b)

for a period of at least 2 years.

s. 14 — Licensing action for insufficient security

s. 14(1)

The chief veterinarian may suspend a poultry buyers licence if security delivered under section 12 [licensees must be secured] in respect of that licence is drawn down to an amount that is less than the amount required under section 12 (d).

s. 14(2)

For the purpose of ensuring the effective operation of this regulation, the chief veterinarian may disclose to the public

s. 14(2)(a)

the name and contact information of a licensee whose licence is suspended under this section,

s. 14(2)(b)

the name and address of the slaughterhouse identified in the suspended licence, and

s. 14(2)(c)

the fact of the suspension.

s. 14(3)

The chief veterinarian may lift a suspension if the amount of security is reinstated to at least the amount required under section 12 (d) within 30 days from the date of the suspension.

s. 14(4)

If a suspension is not lifted under subsection (3), the chief veterinarian may cancel the licence as of the end of the 30 day period described in that subsection.

s. 15 — Claims against and release of security

s. 15(1)

This section applies if either of the following occurs:

s. 15(1)(a)

the chief veterinarian

s. 15(1)(a)(i)

receives notice, in writing, that a person who holds a poultry buyers licence is in default on the payment of money due in respect of the acquisition of poultry under the licence, and

s. 15(1)(a)(ii)

is satisfied as to the validity of the claim made in the notice;

s. 15(1)(b)

the chief veterinarian receives notice, in writing, that a former licensee

s. 15(1)(b)(i)

owes no money in respect of the acquisition of poultry under the licence, and

s. 15(1)(b)(ii)

is seeking release of security under this section.

s. 15(2)

On the occurrence of an event described in subsection (1), the chief veterinarian may do the following:

s. 15(2)(a)

give notice of the event to the public;

s. 15(2)(b)

state in the notice that any person owed money by the licensee or former licensee in respect of the acquisition of poultry under the licensee's or former licensee's licence may make a claim by giving particulars of the indebtedness to the chief veterinarian by the date and in the manner specified in the notice;

s. 15(2)(c)

if applicable, state in the notice that the distribution of net proceeds recovered by the government under the security held in respect of the licensee or former licensee will be proportionate to the claims received under paragraph (b) and verified.

s. 15(3)

The period for making a claim under subsection (2) (b) must be at least 90 days beginning from the date the notice was first made public.

s. 15(4)

The chief veterinarian may not release security held in respect of a former licensee

s. 15(4)(a)

for at least the period for making a claim as stated under subsection (2) (b), or

s. 15(4)(b)

if no notice was given under subsection (2) (a), for at least 90 days after receiving the notice under subsection (1) (b).

s. 16 — Expiry of licence

A poultry buyers licence expires on

s. 16(a)

March 31 of the year immediately following the year in which the licence was issued, unless renewed before that date, or

s. 16(b)

an earlier date, if any, set by the chief veterinarian under section 11 (2) (d) or (e) of the Act.

s. 17 — Offences

A person who contravenes any of the following provisions commits an offence:

s. 17(a)

section 8 (2) or 9 (2) [unlawfully engaging in regulated activity];

s. 17(b)

section 8 (3) or (4) or 13 [failure to keep records as required].

s. 18 — Repealed

Repealed. [B.C. Reg. 303/2016, s. 18 (2).]