Health of Animals Regulations (C.R.C., c. 296)

• 6.23 (1) Subject to subsection (3), this section applies to every person

  • (a) who is required by these Regulations to remove or stain specified risk material;

  • (b) who collects the carcasses of cattle that died or were condemned before they otherwise would have been slaughtered for human consumption as food if the specified risk material has not been removed from the carcasses; or

  • (c) who receives specified risk material from another person or who receives from another person the carcasses of cattle that died or were condemned before they otherwise would have been slaughtered for human consumption as food if the specified risk material has not been removed from the carcasses.

• (2) The person shall keep, for a period of 10 years, a record for each day on which the specified risk material is removed, stained or received or the carcasses are collected or received that includes

  • (a) the person’s name and address and the date of the removal, staining, collection or reception;

  • (b) the combined weight of the specified risk material and the carcasses or parts of carcasses collected or received, as well as the number of those carcasses;

  • (c) the name of the dye used to identify the specified risk material or the carcasses;

  • (d) the numbers of the approved tags, as defined in section 172, that are on the carcasses or, in the case of carcasses not bearing approved tags, the information referred to in paragraph 187(2)(a) in respect of the carcasses;

  • (e) if the person treated, confined or destroyed the specified risk material or the carcasses, the date on which and the manner in which the specified risk material or the carcasses were treated, confined or destroyed; and

  • (f) if the person did not confine or destroy the specified risk material or the carcasses,

    • (i) the name and address of the person, if any, who received the specified risk material or carcasses from him or her,

    • (ii) the name and address of the person, if any, who transferred the specified risk material or the carcasses to another location and the manner in which the specified risk material or the carcasses were transferred, and

    • (iii) the name and address, if known to the person, of the person, if any, who confined or destroyed the specified risk material or the carcasses.

• (3) This section does not apply in respect of samples of specified risk material, or carcasses — or parts of carcasses — of cattle from which the specified risk material has not been removed, that are submitted to a level 2 containment laboratory.

6.3 No person shall use or export for human consumption as food specified risk material in any form, whether or not incorporated into another thing, where the specified risk material was removed from cattle slaughtered in Canada.

• 6.4 (1) Except in accordance with a permit issued by the Minister under section 160, no person shall receive, remove from any premises, use, convey (other than from one area to another on the same premises), treat, store, export, sell, distribute, confine or destroy specified risk material in any form, whether or not incorporated into another thing, if the specified risk material was removed from cattle slaughtered in Canada or was removed from, or is contained in, the carcasses of cattle that died or were condemned before they otherwise would have been slaughtered for human consumption as food.

• (2) Subsection (1) does not apply to require a permit for staining under section 6.21 or 6.22.

• (3) Subsection (1) does not apply in respect of specified risk material that was removed from cattle slaughtered for human consumption as food or that was removed from, or is contained in, the carcasses of cattle that died or were condemned before they otherwise would have been slaughtered for human consumption as food if the specified risk material is not removed from the premises on which the cattle were slaughtered or were determined to be dead.

• (4) Subsection (1) does not apply in respect of the use, as a fertilizer or as a fertilizer supplement, of material that is derived from specified risk material in any form that was removed from cattle slaughtered for human consumption as food or from cattle that died or were condemned before they otherwise would have been slaughtered for human consumption as food if the fertilizer or fertilizer supplement is not removed from the premises on which the cattle were slaughtered, died or were condemned.

• (5) Subsection (1) does not apply in respect of the submission, to a level 2 containment laboratory, of samples of specified risk material, or carcasses — or parts of carcasses — of cattle from which the specified risk material has not been removed or in respect of activities related to the use of specified risk material in a level 2 containment laboratory.

• (6) The Minister shall not issue a permit for the purpose of subsection (1) if the specified risk material is to be received, removed from any premises, used, conveyed, treated, stored, exported, sold or distributed in any form, whether or not incorporated into another thing, for human consumption as food.

• (7) The Minister shall not issue a permit for the destruction of specified risk material unless the destruction is to be by incineration, or another method, that will ensure that the specified risk material and anything in which it is incorporated will not be used as food for humans and will not, or will not be likely to, result in the spread within Canada of Bovine Spongiform Encephalopathy.