Meat Inspection Regulations, 1990 (SOR/90-288)

Regulations are current to 2017-11-06 and last amended on 2014-06-13. Previous Versions

Licensing of Operators

General Requirements

[SOR/2004-280, s. 8]
  •  (1) No person may operate a registered establishment without a licence issued under this section.

  • (2) An application for a licence to operate a registered establishment or for the renewal or modification of a licence shall

    • (a) be made to the President in a form acceptable to the President; and

    • (b) subject to subsection (3), be accompanied by the following information, namely,

      • (i) the scheduled work shift, as defined in section 125, for the registered establishment,

      • (ii) a description of the prerequisite programs and other control programs to be carried out in the registered establishment, and

      • (iii) a description of the HACCP plans for the registered establishment.

  • (2.1) [Repealed, SOR/2004-280, s. 9]

  • (3) In the case of the renewal or modification of a licence to operate a registered establishment, the applicant is not required to provide any information listed in paragraph (2)(b) that has already been provided to the President unless requested by the President to do so.

  • (3.1) to (3.9) [Repealed, SOR/2004-280, s. 9]

  • (4) The President shall issue, renew or modify a licence to operate a registered establishment unless

    • (a) the applicant or operator does not have a scheduled work shift, as defined in section 125, covering the operations of the registered establishment for the period to which the application relates;

    • (b) the applicant or operator does not have the required prerequisite programs and other control programs in place or the programs are not functioning in accordance with the FSEP Manual or the Manual of Procedures;

    • (c) the applicant or operator does not have the required HACCP plans in place or the HACCP plans are not functioning in accordance with the FSEP Manual; or

    • (d) the President, based on the information provided with the application, determines that the operation of the registered establishment by the applicant or operator would not comply with the requirements of the Act and these Regulations.

  • (4.1) [Repealed, SOR/2004-280, s. 9]

  • (5) The President may, at any time, attach to a licence issued under subsection (4) any conditions that are necessary to ensure that meat products produced in the registered establishment comply with these Regulations or that are necessary to protect public health or safety.

  • (6) [Repealed, SOR/2012-286, s. 17]

  • (7) If the President refuses to issue, renew or modify a licence to operate a registered establishment or to authorize an applicant to operate a shared inspection program or a post mortem examination program, the President shall notify the applicant in writing

    • (a) giving the reasons for the refusal; and

    • (b) advising that the applicant may, within 15 days after the date of the notification, submit comments in writing regarding the refusal, to which the President shall reply.

  • (8) There shall be only one operator for a registered establishment at any time, but for the purposes of section 94, an operator may use any business name, listed under the operator’s name in the Register of Operators.

  • (9) Subject to subsection (10), a licence to operate a registered establishment shall be valid for not more than one year after the date of issuance and shall expire on the date specified under the operator’s name in the Register of Operators.

  • (10) A licence to operate a registered establishment may be renewed on the expiry of the period referred to in subsection (9) if an operator continues to meet the conditions of the licence set out in this section, including the payment of all necessary fees.

  • (11) No operator who is issued a licence under this section shall transfer the licence to any other person and any purported transfer of a licence is void.

  • (12) Subject to subsection (13), every operator shall keep and retain in a registered establishment records of a specific activity or procedure that is performed in order to comply with the Act, these Regulations, the FSEP Manual and the Manual of Procedures.

  • (13) The records referred to in subsection (12) shall be retained for a period of not less than one year after the date on which the specific activity or procedure referred to in that subsection is performed unless a different retention period is specified in the Act, these Regulations, the FSEP Manual or the Manual of Procedures.

  • SOR/93-160, s. 6;
  • SOR/94-683, s. 4;
  • SOR/95-217, s. 1;
  • SOR/98-133, s. 2;
  • SOR/2000-183, s. 32;
  • SOR/2000-184, ss. 74, 80;
  • SOR/2001-167, s. 6;
  • SOR/2002-354, s. 26(F);
  • SOR/2003-6, s. 86;
  • SOR/2004-280, s. 9;
  • SOR/2012-286, s. 17.

Shared Inspection Programs and Post mortem Examination Programs

  •  (1) An operator engaged in the slaughter of birds, other than ostriches, rheas and emus, in a registered establishment may apply for authorization to operate a shared inspection program or a post mortem examination program in the registered establishment.

  • (2) An application for authorization to operate a shared inspection program or a post-mortem examination program shall be made to the President in a form acceptable to the President and shall be accompanied by the following information:

    • (a) the name of the applicant and the business name, address, postal code, telephone and facsimile numbers and registration number of the registered establishment; and

    • (b) a complete copy of the program.

  • (3) A shared inspection program or a post mortem examination program shall be in writing, shall meet the requirements of the provisions of the Manual of Procedures that deal with the inspection of poultry and shall contain

    • (a) a list of the duties of every person who is to be engaged in the shared inspection program or post mortem examination program, as the case may be;

    • (b) a description of the corrective actions to be taken to eliminate deviations from the shared inspection program or post mortem examination program, as the case may be;

    • (c) a description of the control programs and the training programs that will be developed, implemented and maintained to support the shared inspection program or post mortem examination program; and

    • (d) a description of the records that will be kept to demonstrate compliance with the Act and these Regulations.

  • (4) For the purpose of evaluating an application for authorization to operate a shared inspection program or a post mortem examination program, the President may undertake any consultation, study, research, test, trial or other process that is necessary.

  • (5) The President shall authorize an applicant to operate a shared inspection program or a post mortem examination program unless

    • (a) the program does not meet the requirements referred to in subsection (3); or

    • (b) information obtained through the examination of the application or from an evaluation process conducted under subsection (4) indicates that the program

      • (i) does not comply with the requirements specified in these Regulations, the FSEP Manual or the Manual of Procedures, or

      • (ii) would have an adverse effect on the edibility of meat products produced in the registered establishment.

  • (6) The President may undertake, at any time, any consultation, study, research, test, trial or other process that is necessary to ensure that meat products produced in the registered establishment comply with these Regulations or that is necessary to protect public health or safety.

  • SOR/2001-167, s. 7;
  • SOR/2004-280, s. 10;
  • SOR/2012-286, s. 18(F).

Suspension of an Operator’s Licence

  •  (1) The President may suspend an operator’s licence

    • (a) if

      • (i) the registered establishment does not comply with the requirements of the Act, these Regulations, the FSEP Manual or the Manual of Procedures,

      • (ii) the operator fails to comply with the requirements of the Act, these Regulations, the FSEP Manual, the Manual of Procedures or any condition of the licence,

      • (iii) it is reasonable to believe that public health will be endangered or the edibility of meat products produced in the registered establishment would be affected if the establishment is allowed to continue operating, or

      • (iv) the HACCP plans or the prerequisite plans of the registered establishment no longer comply with the requirements specified in the FSEP Manual; and

    • (b) if

      • (i) an inspector has notified the operator of the existence of grounds for suspension under paragraph (a),

      • (ii) an inspector has provided the operator with a copy of an inspection report that sets out the date by which corrective measures must be implemented in order to avoid the suspension of licence, and

      • (iii) the operator has failed to take or is unable to take corrective measures by the date referred to in subparagraph (ii).

  • (1.1) If the President suspends an operator’s license, the President shall send a notice of suspension to the operator.

  • (2) The suspension of an operator’s licence shall remain in effect until the earliest of

    • (a) the day on which an inspector determines that the required corrective measures have been taken,

    • (b) the day on which the licence expires, and

    • (c) the day on which a notice of cancellation under paragraph 29.3(2)(b) is delivered to the operator.

  • (3) If an operator fails to pay a fee set out in the Canadian Food Inspection Agency Fees Notice, in accordance with the conditions of payment specified in that Notice, a licence issued under these Regulations shall also be suspended until all outstanding fees are paid.

  • SOR/2004-280, s. 10;
  • SOR/2011-205, s. 44;
  • SOR/2012-286, s. 19.
 
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