Safe Livestock and Livestock Products Regulation

Safe Livestock and Livestock Products Regulation, M.R. 42/2003 The Livestock and Livestock Products Act , C.C.S.M. c. L170 Regulation 42/2003 Registered March 4, 2003 bilingual version (HTML) Definitions 1 In this regulation, "Act" means The Livestock and Livestock Products Act ; («  Loi  ») "contaminated" , in relation to production units, livestock, dead livestock, primary livestock products, dairy products and products intended for livestock feed, means (a) containing a chemical, physical or biological hazard, (b) being in a condition that constitutes a chemical, physical or biological hazard, or (c) being in a condition that constitutes a health hazard to humans; (« contaminé ») "dairy product" means milk, raw milk, reconstituted milk, butter, cheese, yogurt, condensed milk, evaporated milk, milk powder, dry milk, ice cream, malted milk, sherbet or any other food product manufactured wholly or mainly from milk; (« produit laitier ») "dead livestock" means dead livestock (a) that was not slaughtered for human consumption, or (b) if it was slaughtered for human consumption, that has been declared unfit for human consumption or, for any reason, will not be processed further for human consumption; (« animal de ferme mort ») "hazard" means a condition, substance or thing that has the potential to cause harm to living things; (« danger ») "primary livestock product" means a primary commodity derived from livestock, but does not include a dairy product; (« produit primaire de ferme ») "production unit" in relation to (a) livestock, means a place where livestock are raised or kept, (b) primary livestock products, means a place where the products are produced, stored or kept, (c) dairy products, means a place where the products are produced, stored, kept or processed, and (d) dead livestock, means a place where the dead livestock are stored or processed; (« unité de production ») "quarantine" means the isolation by any means (a) of a production unit from other productions units and places, (b) of a part of a production unit from the rest of the production unit, (c) of livestock from other livestock and livestock products in a production unit, (d) of livestock products from other livestock products and from livestock, people, things and other products, to prevent the spread of contamination, and includes prohibiting or limiting the movement, use, processing or sale of livestock, dead livestock, primary livestock products, dairy products, products intended for livestock feed and any substance or thing that may be a contaminant. (« quarantaine ») Livestock product safety 2(1) No person shall, without the written authorization of the director, (a) ship or allow the shipment from a production unit; or (b) remove or allow the removal from a production unit; of livestock, dead livestock, primary livestock products, dairy products, or products intended for livestock feed that are, or are suspected of being, contaminated. 2(2) No person shall, without the written authorization of the director, transport or allow the transportation of livestock, dead livestock, primary livestock products, dairy products, or products intended for livestock feed that are, or are suspected of being, contaminated. 2(3) No person shall keep or raise livestock, or allow a person to keep or raise livestock (a) in a production unit or other building or place, or on land; or (b) in a manner not mentioned in clause (a); that exposes or may expose the livestock to a hazard or to contamination. 2(4) No person shall expose or allow the exposure of livestock, dead livestock, primary livestock products, dairy products, or products intended for livestock feed to a hazard or to contamination. 2(5) No person shall (a) handle, raise or keep livestock; (b) handle, process or store dead livestock; (c) handle, produce, store or keep primary livestock products; (d) handle, produce, store, keep or process dairy products; or (e) handle, process, produce or store products intended for livestock feed; or allow a person to do any of those things, in a production unit or other building or place, or on land, that exposes or may expose the livestock, dead livestock or products to a hazard or to contamination. 2(6) No person shall (a) handle, raise or keep livestock; (b) handle, process or store dead livestock; (c) handle, produce, store or keep primary livestock products; (d) handle, produce, store, keep or process dairy products; or (e) handle, process, produce or store products intended for livestock feed; or allow a person to do any of those things in a manner, not mentioned in subsection (4), that exposes or may expose the livestock, dead livestock or products to a hazard or to contamination. 2(7) No person shall transport or allow the transportation of livestock, dead livestock, primary livestock products, dairy products, or products intended for livestock feed (a) in a vehicle, including a trailer, that because of its design, construction, condition or manner of operation; or (b) in a manner, not mentioned in clause (a), that; exposes or may expose the livestock, dead livestock or products to a hazard or to contamination. 2(8) No person shall, around livestock, dead livestock, primary livestock products, dairy products, or products intended for livestock feed operate or allow the operation of a vehicle or piece of equipment that (a) because of its design, construction, condition or manner of operation; or (b) for any reason not mentioned in clause (a); exposes or may expose the livestock, dead livestock or products to a hazard or to contamination. Duty to report food safety hazard 3 A person who observes a situation, process or action that could lead to a physical, biological or chemical food safety hazard shall inform the director without delay and provide the director with whatever information about the situation, process or action that the director considers necessary. Powers of director 4(1) The director may, at any reasonable time and where reasonably required to determine compliance with the Act and this regulation, (a) order post mortem and other tests on dead livestock prior to shipment of the dead animals to rendering or disposal by other means; (b) order testing of primary livestock products, dairy products, or products intended for livestock feed before the products are shipped from a production unit; and (c) order that dead livestock, primary livestock products, dairy products, or products intended for livestock feed be identified in a manner acceptable to the director that allows them to be traced. 4(2) If the director believes on reasonable grounds that a hazardous condition or situation exists, has existed or could exist, the director may do one or more of the following: (a) order the cessation of movement of livestock, dead livestock, primary livestock products, dairy products, or products intended for livestock feed from a production unit that is, or is suspected of being, contaminated; (b) authorize the taking, testing, analysing, evaluating and storing of samples from (i) any part of a production unit which may contribute, or may have contributed, to the contamination of livestock, dead livestock, primary livestock products, dairy products, or products intended for livestock feed, or (ii) livestock, dead livestock, primary livestock products, dairy products, or products intended for livestock feed; (c) approve the methodology for testing of livestock, dead livestock, primary livestock products, dairy products, or products intended for livestock feed, under the Act or this regulation; (d) order the immediate seizure and detention of anything in or at a production unit when there are reasonable grounds for suspecting an immediate threat to public health or hazard to livestock; (e) share information concerning the operation of a production unit, or livestock, dead livestock, primary livestock products, dairy products, or products intended for livestock feed, from the production unit, including test results, with (i) another government, including a municipal government, or an agency of such a government or the Government of Manitoba, or an organization or body, the duties and interests of which include (A) the protection of the public health, (B) monitoring or promoting the safety of livestock products, or (C) monitoring or promoting the chemical, physical and biological integrity of livestock and livestock products, (ii) a marketing board or agency, (iii) persons who may be exposed to livestock, dead livestock, primary livestock products, dairy products, or products intended for livestock feed, at or from the production unit, and (iv) other production units to which livestock, dead livestock, primary livestock products, dairy products, or products intended for livestock feed, from the production unit may be sent for disposal, processing or storage, or to be kept; (f) order the quarantine of one or more of the following: (i) a production unit, (ii) part of a production unit, (iii) livestock, whether living or dead, (iv) primary livestock products (v) dairy products, (vi) products intended for livestock feed, (vii) a substance or thing; (g) seize and detain any substance or thing that may contaminate livestock, primary livestock products, dairy products, or products intended for livestock feed, (i) if the substance or thing is fed to the livestock, or (ii) if the livestock, primary livestock products, dairy products or products intended for livestock feed are otherwise exposed to the substance or thing; (h) order the destruction of dead livestock, primary livestock products, dairy products, or products intended for livestock feed believed on reasonable grounds to be contaminated; (i) order the recall and testing, or the recall and destruction, (i) of any primary livestock product or dairy product intended for human consumption, handling or contact, or (ii) of any product intended for livestock feed, believed on reasonable grounds to be contaminated. 4(3) Sections 7 and 8 of the Act apply, with necessary modifications, to livestock, dead livestock, primary livestock products, dairy products, products intended for livestock feed, or substances or things, that are seized and detained under this section. Quarantine orders 5(1) Subject to subsection (3), a quarantine order under clause 4(2)⁠(f) may be made for period of not more than 35 days and shall be in a form approved by the director. 5(2) A quarantine order under clause 4(2)⁠(f) shall state the date on which it expires. 5(3) When the director believes on reasonable grounds that the hazardous condition or situation continues to exist, the director may extend effective period of a quarantine order for a further period of not more than 35 days from the expiry date of the order that is being extended. A quarantine order may be extended under this subsection more than once. 5(4) The owner or operator of the production unit quarantined, or the owner of the livestock, dead livestock, primary livestock product, dairy product, product intended for livestock feed, substance or thing quarantined shall carry out the quarantine order at the owner's or operator's expense, and the quarantine order may require the owner or operator to take specific reasonable steps or do specific reasonable things to make the quarantine effective. When an owner or operator is required to take specific steps or do specific things to carry out a quarantine order, the order shall set out the name of the person and state the steps or things in detail. 5(5) Without limiting the generality of subsection (4), when livestock or dead livestock, or a primary livestock product, dairy product, product intended for livestock feed, substance or thing, is quarantined, the director may (a) require it to be kept or stored in isolation at the place where it was quarantined or remove it to any other place for detention or storage, in either case at the expense of its owner; or (b) require its owner or the person having the possession, care or control of it at the time of the quarantine order to remove it to any other place and to detain or store it in isolation. 5(6) No person shall (a) move quarantined livestock or dead livestock, or a quarantined primary livestock product, dairy product, product intended for livestock feed, substance or thing, from the place in which it is quarantined without authorization from the director; (b) use, process or sell quarantined livestock or dead livestock, or a quarantined primary livestock product, dairy product, product intended for livestock feed, substance or thing; (c) enter a quarantined production unit or part of a production unit without authorization from the director; or (d) do anything in relation to a quarantined production unit or part of a production unit, quarantined livestock or dead livestock, or a quarantined primary livestock product, dairy product, product intended for livestock feed, substance or thing, that increases, or could increase, the risk of contamination to other production units, livestock, dead livestock, products, substances or things. 5(7) No person named in a quarantine order and required to take a specific step or do a specific thing to make the quarantine effective shall fail to take the step or do the thing without reasonable excuse.