Short Title

1 These Regulations may be cited as the Egg Regulations.

Interpretation

2 In these Regulations,

Act

Act means the Canada Agricultural Products Act; (Loi)

adulterated

adulterated, in respect of an egg, means adulterated within the meaning of sections B.01.046 and B.01.047 and Division 15 of Part B of the Food and Drug Regulations; (falsifié)

Agency

Agency means the Canadian Food Inspection Agency established by section 3 of the Canadian Food Inspection Agency Act; (Agence)

blood spot

blood spot means a small particle of blood on the yolk or in the albumen of an egg; (caillot sanguin)

box

box means a container made to contain 15 dozen eggs; (boîte)

candling

candling means examining the interior condition of an egg by rotating or causing the egg to rotate in front of or over a light source that illuminates the contents of the egg; (mirage)

carton

carton means a container that is capable of being closed and that is made to contain not more than 30 eggs in separate compartments; (boîte à oeufs ou carton)

case

case means a container made to contain 30 dozen eggs; (caisse)

code mark

code mark[Repealed, SOR/2002-354, s. 1]

container

container means any case, box, tray with an overwrap, carton, or other receptacle made to contain eggs; (contenant)

contaminated

contaminated, in respect of an egg, means

• (a) containing a chemical, drug, food additive, heavy metal, industrial pollutant, ingredient, medicament, microbe, pesticide, poison, toxin or any other substance not permitted by, or in an amount in excess of limits prescribed under, the Canadian Environmental Protection Act, the Food and Drugs Act or the Pest Control Products Act, or

• (b) containing any substance that renders the egg inedible; (contaminé)

Director

Director means the Director designated by the President of the Agency; (directeur)

dirt

dirt means any egg yolk, manure, soil or foreign matter that can be readily removed from the shell of an egg; (saleté)

District Supervisor

District Supervisor[Repealed, SOR/81-1007, s. 1]

domestic hen

domestic hen means a hen of the domestic chicken belonging to the species Gallus Domesticus; (poule domestique)

Drinking Water Quality Guidelines

Drinking Water Quality Guidelines means the Summary of Guidelines for Canadian Drinking Water Quality — excluding Supporting Documentation and references to Supporting Documentation — as amended from time to time, prepared by the Federal-Provincial-Territorial Committee on Drinking Water of the Federal-Provincial-Territorial Committee on Environmental and Occupational Health, published on the Web site of the Department of Health; (Recommandations pour la qualité de l'eau potable)

dye mark

dye mark means a mark consisting of a deposit of food colour not exceeding 20 mm in diameter that is applied to the large end of an egg at a registered egg station; (marque de teinture)

edible

edible means fit for use as human food; (version anglaise seulement)

egg

egg means an egg of the domestic hen; (oeuf)

egg station

egg station means one or more rooms or buildings where eggs are prepared; (poste d’oeufs)

Executive Director

Executive Director means the Executive Director designated by the President of the Agency; (directeur exécutif)

food

food has the same meaning as in section 2 of the Food and Drugs Act; (aliment)

food additive

food additive has the same meaning as in section B.01.001 of Part B of the Food and Drug Regulations; (additif alimentaire)

food colour

food colour has the same meaning as in the Food and Drug Regulations; (colorant alimentaire)

grade designation

grade designation means Grade A, Grade B, Grade C or Grade Nest Run; (désignation de catégorie)

lot

lot means a quantity of eggs that for any reason is considered separately from any other quantity of eggs for the purpose of an inspection; (lot)

meat spot

meat spot means a small particle of the oviduct of the domestic hen on the yolk or in the albumen of an egg; (tache de chair)

operator

operator means the person who is responsible for the operation of a registered egg station; (exploitant)

overgrade

overgrade[Repealed, SOR/98-131, s. 1]

processed egg

processed egg has the same meaning as in the Processed Egg Regulations; (oeuf transformé)

processed eggs

processed eggs[Repealed, SOR/90-299, s. 1]

producer

producer means a person who ships, transports or sells eggs produced only on his own farm; (producteur)

producer code

producer code[Repealed, SOR/95-548, s. 2]

producer premises code

producer premises code means a combination of letters, symbols and numbers that distinguishes the premises of a producer from which the eggs originated; (code de l’exploitation du producteur)

Reference Listing

Reference Listing means the Reference Listing of Accepted Construction Materials, Packaging Materials and Non-Food Chemical Products published on the Web site of the Agency, as amended from time to time; (Liste de référence)

Regional Director

Regional Director[Repealed, SOR/90-110, s. 1]

Regional Director General

Regional Director General[Repealed, SOR/2000-184, s. 1]

registered egg product station

registered egg product station[Repealed, SOR/81-1007, s. 1]

registered egg station

registered egg station means an egg station registered under section 7; (poste d’oeufs agréé)

registered processed egg station

registered processed egg station has the same meaning as in section 2 of the Processed Egg Regulations; (poste agréé d’oeufs transformés)

registration number

registration number means the number assigned to a registered egg station pursuant to section 7; (numéro d’agrément)

reject

reject means an egg that on examination at a registered egg station does not meet the requirements of any grade established by these Regulations; (rejeté)

size designation

size designation means Jumbo Size, Extra Large Size, Large Size, Medium Size, Small Size or Peewee Size; (désignation de calibre)

stain

stain means any substance on the shell of an egg, other than dirt or a dye mark or a design or an emblem stamped thereon; (tache)

tray

tray means a container, other than a carton, that is made to contain not more than 30 eggs in separate compartments; (plateau)

undergrade

undergrade means an egg that does not meet the requirements for the grade at which it is graded. (inférieur à la catégorie)

PART I

Grade Names

3 There shall be four grades of eggs having the grade names Canada A, Canada B, Canada C and Canada Nest Run.

Grading

4 No person shall grade an egg unless the egg

• (a) is free of any odour foreign to that of a normal egg;

• (b) is free of must or mould;

• (c) is of a colour customary for an egg;

• (d) is free of any internal defect;

• (e) has not been in an incubator;

• (f) meets the requirements for a grade set out in Schedule I;

• (g) is prepared in accordance with these Regulations;

• (h) is not adulterated;

• (i) is not contaminated;

• (j) is edible; and

• (k) meets all other requirements of the Food and Drugs Act and the Food and Drug Regulations.

5 No person other than an inspector shall grade eggs at a place other than a registered egg station.

Health and Safety

6 Subject to section 6.1, no person shall market eggs in import, export or interprovincial trade as food unless the eggs

• (a) are prepared in accordance with these Regulations;

• (b) are not adulterated;

• (c) are not contaminated;

• (d) are edible; and

• (e) meet all other requirements of the Food and Drugs Act and the Food and Drug Regulations.

6.1 Eggs that are rejects or that are adulterated or contaminated may be marketed in import, export or interprovincial trade as animal food where they are

• (a) fit for use as animal food;

• (b) labelled with the words “Inedible egg — Not for Human Consumption” and “Oeufs non comestibles — impropres à la consommation humaine”;

• (c) prepared separately from eggs intended for use as food; and

• (d) where appropriate, treated to give them the appearance of being inedible.

6.2 An inspector may direct that any eggs be seized and detained pursuant to section 23 of the Act where the inspector suspects on reasonable grounds that the eggs

• (a) are adulterated;

• (b) are contaminated;

• (c) do not meet the other requirements of section 6; or

• (d) are otherwise injurious to the health of any person.

Registration of Egg Stations

• 7 (1) An application for the registration of an egg station shall be made to a Executive Director.

• (2) An application referred to in subsection (1) shall have annexed thereto

  • (a) detailed plans and specifications for the egg station that shall include

    • (i) the dimensions and intended uses of the rooms and positions of doors, windows, stairways and drains,

    • (ii) descriptions of the lighting, refrigeration, ventilation and plumbing systems,

    • (iii) descriptions of the types and location of equipment to be used in the egg station,

    • (iv) descriptions of the materials used in the construction of equipment, floors, walls, ceilings and openings, and

    • (v) descriptions of the location of the egg station in relation to adjacent buildings, roads, railways, waterways and public utilities;

  • (b) a copy of the sanitation program for the egg station, indicating

    • (i) the person responsible for carrying out the program,

    • (ii) the equipment and chemical agents to be used to bring about and maintain clean and sanitary conditions,

    • (iii) the measures proposed to be taken to ensure clean and sanitary conditions;

  • (c) a copy of the quality assurance program for the egg station indicating

    • (i) the person responsible for carrying out the program, and

    • (ii) the frequency of sampling and the verification procedures to ensure that the eggs meet the requirements and standards set out in this Part;

  • (d) a copy of the recall program for eggs that do not meet the requirements and standards set out in this Part, indicating

    • (i) the person responsible for carrying out the program,

    • (ii) descriptions of the product coding system, including producer premises codes and the manner in which they are used to track eggs, and

    • (iii) notification and other procedures to effect a recall;

  • (e) a copy of the pest control program for the egg station, indicating

    • (i) the person responsible for carrying out the program, and

    • (ii) the measures proposed to be taken to safely and effectively control insects, birds, rodents and other vermin;

  • (f) a copy of the employee training program for the egg station, indicating

    • (i) the person responsible for carrying out the program, and

    • (ii) descriptions of training to be provided to personnel who handle eggs and equipment;

  • (g) a copy of a certificate of microbiological analysis of water to be used at the egg station for drinking or egg preparation that

    • (i) indicates the source of the water,

    • (ii) verifies that the water meets the standards for drinking water set out in the Drinking Water Quality Guidelines,

    • (iii) is dated not more than six months prior to the date of the application, and

    • (iv) has been issued by a laboratory that is accredited for drinking water analysis by the Standards Council of Canada or by the municipal or provincial government having jurisdiction in the location in which the egg station is located; and

  • (h) in the case of an egg station that pasteurizes eggs, a copy of the pasteurization program for the egg station, indicating

    • (i) the person responsible for carrying out the program, and

    • (ii) the process to be used to pasteurize the eggs.

• (3) Where an egg station in respect of which an application referred to in subsection (1) is made meets the conditions set out in section 8, the Director shall

  • (a) register the egg station by entering its name in the register of registered egg stations of the Agency and by assigning it a registration number; and

  • (b) issue to the operator of the egg station a Certificate of Registration.

• (4) An operator shall post and keep posted the Certificate of Registration issued to the operator under subsection (3) in a conspicuous place in the registered egg station for the period during which the Certificate remains in force.

• (5) The operator shall not assign or transfer a Certificate of Registration issued in respect of an egg station.

• (6) The registration of a registered egg station shall lapse if

  • (a) no eggs are graded there for a period of 12 consecutive months; or

  • (b) where the operator of the registered egg station changes, the new operator fails to obtain a new registration and Certificate of Registration in respect of the egg station within 60 days after the day on which the change of operator occurs.

• (7) The Director shall extend the time limit set out in paragraph (6)(b) if, on written application, the new operator demonstrates that they have diligently pursued their application for a new registration and Certificate of Registration.

Suspension of Registration

• 7.1 (1) The Director may suspend the registration of a registered egg station

  • (a) if any of the following situations exists, namely,

    • (i) the egg station does not meet the requirements of the Act or these Regulations or of any other federal legislation applicable to it,

    • (ii) the operator does not comply with the provisions of the Act or these Regulations or of any other federal legislation applicable to the operator in respect of their operation of the egg station, or

    • (iii) the operator has failed to pay a fee prescribed by the Canadian Food Inspection Agency Fees Notice in accordance with the conditions of payment prescribed by that Notice; and

  • (b) if the operator has failed to remedy any situation identified in the inspection report provided under paragraph (2)(a) by the deadline specified for doing so in accordance with paragraph (2)(b).

• (2) No registration shall be suspended under subsection (1) unless

  • (a) the operator is provided with a copy of an inspection report prepared by an inspector that identifies a situation set out in paragraph (1)(a);

  • (b) the inspector has specified, in writing to the operator, the deadline by which the situation must be remedied to avoid suspension; and

  • (c) a notice of suspension of registration is delivered to the operator.

• (2.1) Despite subsections (1) and (2), if public health will be endangered if a registered egg station is allowed to continue operating, the Director may, on delivery to the operator of an inspection report setting out the situation and a notice of suspension of registration, suspend the registration of the egg station effective immediately.

• (2.2) When the registration of a registered egg station is suspended under subsection (2.1), the inspector shall without delay specify in writing to the operator the deadline by which the situation must be remedied to avoid cancellation of that registration.

• (3) A suspension of registration under subsection (1) shall remain in effect

  • (a) until the required corrective measures have been taken and have been verified by an inspector; or

  • (b) where a cancellation procedure has been commenced under section 7.2, until the resolution of the cancellation issue.

  • (c) [Repealed, SOR/2006-193, s. 3]

Cancellation of Registration

• 7.2 (1) The Director may cancel the registration of a registered egg station where

  • (a) the operator has not remedied the situation,

    • (i) if the registration of the egg station was suspended under subsection 7.1(1), within the 30-day period following the day on which the registration was suspended, or

    • (ii) if the registration of the egg station was suspended under subsection 7.1(2.1), by the deadline referred to in subsection 7.1(2.2); or

  • (b) the application for registration contains false or misleading information.

• (2) No registration shall be cancelled unless

  • (a) the operator was advised of an opportunity to be heard in respect of the cancellation and was given that opportunity; and

  • (b) a notice of cancellation of registration was delivered to the operator.

Conditions Respecting Registered Egg Stations

• 8 (1) Every registered egg station shall be situated on land that

  • (a) is free from debris and refuse;

  • (b) provides or permits good drainage; and

  • (c) is not in such proximity to any source of pollution or any place that harbours insects, birds, rodents or other vermin that are likely to contaminate eggs in the egg station.

• (2) Every registered egg station shall

  • (a) be of sound construction and in good repair;

  • (b) be constructed of material that is durable and free from any noxious constituent;

  • (c) be separate from and have no direct access to living quarters, retail outlets and areas in which operations are incompatible with the handling of eggs;

  • (d) be protected against the entry of insects, birds, rodents or other vermin or any thing that is likely to contaminate eggs;

  • (e) have no room in the egg station that opens onto premises used for the manufacture or storage of any thing likely to emit an odour that could affect the flavour of eggs;

  • (f) have, where eggs are prepared, floors, walls and ceilings that are

    • (i) of a hard finish that is suitable for cleaning,

    • (ii) smooth,

    • (iii) impervious to moisture,

    • (iv) free from pitting, indentations, cracks, crevices and ledges, and

    • (v) in the case of floors, sloped for adequate drainage;

  • (g) have rooms and areas that have adequate lighting, ventilation and plumbing to meet the requirements of the operations carried out therein and constructed so as to facilitate the cleaning and disinfection of those rooms and areas;

  • (h) be equipped, in those areas in which eggs or packing materials are exposed, with light bulbs and fixtures that are of a type that will not cause egg contamination in the event of breakage;

  • (i) have a sufficient number of rooms to accommodate the separation of incompatible operations;

  • (j) have dressing rooms, lunch rooms and lavatories that are

    • (i) capable of being kept in a clean and sanitary condition,

    • (ii) adequate in size and equipment for the number of people using them,

    • (iii) well lighted and ventilated, and

    • (iv) in the case of lavatories, separate from and not leading directly into any room used for handling eggs;

  • (k) subject to subsection (3), be supplied with potable hot and cold water that is protected against contamination and that is adequate in quantity and pressure to serve the water needs of the egg station;

  • (l) have adequate means of waste removal and disposal;

  • (m) have drainage and sewage systems that are

    • (i) in accordance with the plumbing code of the province in which the egg station is located,

    • (ii) adequate to handle all wastes,

    • (iii) equipped with traps and vents,

    • (iv) designed and constructed so that there is no cross- connection between the effluent of human wastes and any other wastes in the egg station, and

    • (v) designed and constructed in a manner that prevents the contamination of eggs;

  • (n) have, for the washing, candling, weighing, pasteurizing, packing, marking and storing of eggs, equipment that is

    • (i) constructed of corrosion-resistant material, free from any noxious constituent and capable of being cleaned,

    • (ii) accessible for cleaning, maintenance and inspection or easily disassembled for those purposes, and

    • (iii) effective for the purpose for which it is intended;

  • (o) have egg contact surfaces that are

    • (i) non-toxic,

    • (ii) smooth,

    • (iii) free from pitting, crevices and loose scale,

    • (iv) unaffected by eggs,

    • (v) capable of withstanding repeated exposure to normal cleaning, and

    • (vi) non-absorbent;

  • (p) have adequate facilities and means for the thorough washing, cleaning and sanitizing of equipment;

  • (q) be equipped with adequate means of establishing, maintaining and verifying the temperature and humidity of any room where eggs are held;

  • (r) have a room for the inspection of eggs that is suitably equipped for that purpose;

  • (s) if eggs are pasteurized at the egg station, have the equipment necessary for the pasteurization program referred to in paragraph 7(2)(h); and

  • (t) use, for bringing about and maintaining clean and sanitary conditions in the egg station, only those chemical agents that are included on the Reference Listing or, if not included, that the operator has demonstrated to be equally safe and effective.

• (3) A registered egg station may use water other than potable water referred to in paragraph (2)(k) where it is used solely for fire protection, boilers or auxiliary services and there is no connection between the system for that water and the system for potable water.

Operation and Maintenance of Registered Egg Stations

• 9 (1) Every operator shall operate and maintain the registered egg station in accordance with this section.

• (2) The building, equipment, utensils and all other physical facilities of a registered egg station shall be maintained in a sanitary condition.

• (3) Every registered egg station shall be operated in accordance with the programs referred to in paragraphs 7(2)(b) to (f) and, where applicable, the pasteurization program referred to in paragraph 7(2)(h), and up-to-date records shall be maintained in respect of those programs.

• (4) Operations in relation to the preparation of eggs in a registered egg station shall be carried out under stringent sanitary control.

• (5) A registered egg station shall have notices posted in prominent places instructing employees engaged in the preparation of eggs to clean their hands immediately after using toilet facilities and that smoking is prohibited.

• (6) In a registered egg station, no material or coating shall be used in repairing the floors, walls, ceilings, doors, windows and other parts of any room or area in which eggs are prepared unless the material or coating is durable and free from any noxious constituent.

• (7) Egg sorting and inspection working surfaces in a registered egg station shall have a minimum illumination of 540 lx.

• (8) Refuse shall be removed at least once daily from within a registered egg station.

• (9) All lavatories, sinks and drains in a registered egg station shall be maintained in a manner that prevents any odours or fumes therefrom from pervading any room where eggs are prepared.

• (10) The operator shall maintain an effective and safe rodent and insect control program and shall exclude any animal from the registered egg station.

• (11) Any detergent, sanitizer or other chemical agent in a registered egg station shall be properly labelled and shall be stored and used in a manner that prevents the contamination of eggs or any egg contact surface.

• (12) Equipment and utensils used to handle inedible or contaminated materials in a registered egg station shall be so identified and shall not be used to handle eggs.

• (13) Every container of eggs received at a registered egg station shall be clean, as defined in section 13.

• (14) All ungraded eggs received at a registered egg station shall be graded and marked prior to being marketed unless the Executive Director otherwise directs.

• (15) Ungraded eggs shall not be held at a registered egg station that does not have the equipment required for candling and weighing eggs.

• (16) The relative humidity in any room where eggs are held in a registered egg station shall be maintained at not more than 85%.

• (17) A room used for storing eggs in a registered egg station shall not also be used for grading eggs that have not been previously graded.

• (18) The temperature of any room where eggs are held in a registered egg station shall be maintained at not more than 13°C.

• (19) Nothing that is likely to emit an odour that could affect the flavour of eggs shall be kept in a registered egg station.

• (20) On examination, any egg in a registered egg station that fails to meet the requirements of a grade set out in Schedule I shall be destroyed or packed in a container bearing the words “Rejects” or “Rejetés”.

• (21) No person who suffers from or is a known carrier of a communicable disease or who has an infected lesion that is open or exposed shall work in any area of a registered egg station where there is a danger of contaminating eggs or an egg contact surface with pathogenic micro-organisms.

• (22) Every person engaged in the preparation of eggs in a registered egg station shall clean their hands thoroughly immediately after using toilet facilities and as frequently as is necessary to prevent the contamination of eggs.

• (23) Every person preparing eggs in a registered egg station shall wear sanitary clothing.

• (24) No person shall use tobacco in any form, chew gum or consume food of any kind, except water dispensed from a drinking fountain, in any part of a registered egg station in which eggs are prepared.

• (25) The operator shall make a report to the Executive Director each week, on a form approved by the President of the Agency, stating

  • (a) the number of eggs that were graded during that week;

  • (b) the number of eggs of each grade that were graded during that week;

  • (c) the number of ungraded eggs received from another province that were graded during that week;

  • (d) the number of ungraded eggs of each grade received from another province that were graded during that week; and

  • (e) the number of eggs of each grade that were conveyed from the operator’s registered egg station to another province during that week.

• (26) The operator shall provide the Executive Director with, at the Executive Director’s request and in respect of any period designated by the Executive Director, information relating to the number of eggs that were received, sold, conveyed and on hand at the registered egg station during that period.

• (27) The operator shall notify the Executive Director of any proposed major modification to a registered egg station and, where requested by the Executive Director, submit detailed plans and specifications of the modification.

• (27.1) The operator shall advise the Director of any change in the operations of the egg station that would affect the fee payable under the Canadian Food Inspection Agency Fees Notice.

• (28) No eggs shall be conveyed from a registered egg station in a vehicle unless the vehicle

  • (a) is constructed of material that is free from any noxious constituent;

  • (b) has inside surfaces that are hard, smooth, in good repair and clean;

  • (c) provides adequate protection for the eggs from contamination;

  • (d) is equipped, where applicable, to maintain the eggs in a refrigerated state; and

  • (e) is not being used and has not been used for the conveyance of control products as defined in the Pest Control Products Act or any other material or substance or thing that might adulterate or affect the flavour of the eggs.

• (29) No eggs that are conveyed to a registered egg station in a vehicle shall be received at the registered egg station unless the vehicle meets the requirements of paragraphs (28)(a) to (e).

• (30) No graded eggs that are returned to a registered egg station shall be conveyed from the station as edible eggs other than to a registered processed egg station.

• (31) The water that is used to wash eggs shall be at least 11°C warmer than the eggs and, in the case of a system that uses recirculated water, the water shall be maintained

  • (a) at a temperature that is not less than 40°C; and

  • (b) at a pH level that is not less than 10.

• (32) The Director, at the request of the operator, may designate an alternate minimum temperature or pH level, or both, for the water that is used to wash eggs if the operator demonstrates that there will be no adverse impact on the safety and effectiveness of the egg washing system.

• (33) The water that is used to wash eggs shall

  • (a) contain an effective shell egg cleaning compound for the washing of eggs that is included on the Reference Listing or, if not included, that the operator has demonstrated to be equally safe and effective;

  • (b) be changed at the end of each shift, and more frequently as may be necessary to avoid contamination of eggs; and

  • (c) in the case of a recirculating washing system, be maintained at a level that permits a continuous overflow.

• (34) No eggs shall be pasteurized unless they are eggs graded Canada A.

PART IIPacking

• 10 (1) Subject to subsection (2), all eggs graded pursuant to these Regulations shall be packed in

  • (a) trays, with or without an overwrap;

  • (b) cartons; or

  • (c) containers made to contain more than 30 eggs.

• (2) No eggs graded Canada A or Canada B shall be packed in a container that has been previously used to pack ungraded eggs or eggs graded Canada Nest Run.

11 Every tray used to segregate eggs graded pursuant to these Regulations shall be

• (a) clean, dry and sound in construction;

• (b) of sufficient strength to protect the eggs;

• (c) made from a material that will not have a deleterious effect on the eggs;

• (d) new, where the material is molded pulp and is used to segregate eggs graded Canada A or Canada B; and

• (e) new or clean, sanitized and dry before being reused or conveyed to the producer, where the material is plastic.

12 Every container in which graded eggs are packed shall be

• (a) clean and dry, strong enough to protect the eggs and properly closed, where the container is a case, box or carton;

• (b) free from discolouration, where the container is a case or box; and

• (c) new, where the container is a carton.

13 In this Part, clean means free from dirt, residue of eggs and of all markings, tags and staples previously applied.

PART IIIMarkings

• 14 (1) Subject to subsection (2), every container of eggs graded pursuant to these Regulations shall be marked with

  • (a) the words “eggs” and “oeufs”;

  • (b) the grade name of the eggs;

  • (c) the size designation of the eggs as set out in Schedule III if the eggs are graded Canada A;

  • (d) the words “Product of Canada” and “Produit du Canada” where the eggs are to be exported out of Canada;

  • (e) the number of eggs in the container;

  • (f) the information required on the label of a food under the Food and Drugs Act;

  • (g) the producer premises code; and

  • (h) in the case of a container of pasteurized eggs, the words

    • (i) “Pasteurized” and “Pasteurisé”, and

    • (ii) “Graded Canada A Before Pasteurization” and “Classé Canada A avant pasteurisation”.

• (2) The grade name and size designation of eggs shall not be marked on a container unless the eggs in that container

  • (a) meet the requirements established by these Regulations in respect of

    • (i) the grade, and

    • (ii) the weight of eggs of that size designation as set out in Schedule III;

  • (b) are packed in accordance with these Regulations; and

  • (c) meet the requirements set out in Schedule IV.

• (3) More than one size designation may be marked on a container, other than a tray with an overwrap or a carton, if the size designation of the eggs in the container is clearly marked on the container.

• 15 (1) Where eggs are graded Canada A or Canada B, the grade name shall be marked on the container within the outline of a maple leaf and in the same proportion as illustrated in Schedule II.

• (2) Where eggs are graded Canada C or Canada Nest Run or are rejects, the grade name or the words “Rejects” and “Rejetés” shall be marked on the container as illustrated in Schedule II.

• (3) No container of eggs graded other than Canada A or Canada B shall be marked with an outline of a maple leaf.

• 16 (1) The size designation of eggs shall not be marked on a container unless the eggs in that container are graded Canada A.

• (2) Where eggs are graded Canada A, the size designation of the eggs shall be marked on the container in proximity to the outline of the maple leaf referred to in subsection 15(1) and on the same plane of the container.

• 17 (1) Every container, other than a tray with an overwrap or a carton, of eggs graded pursuant to these Regulations shall be marked

  • (a) with the registration number of the registered egg station

    • (i) in which the eggs were graded and packed, or

    • (ii) for which the eggs were graded and packed; and

  • (b) with the word “dyed” or “teints” superimposed on the grade name, if the eggs have been marked with a dye mark.

• (2) Every tray with an overwrap and every carton containing eggs graded pursuant to these Regulations shall be marked with the information required under the Consumer Packaging and Labelling Act and the name and address of

  • (a) the registered egg station

    • (i) in which the eggs were graded and packed, or

    • (ii) for which the eggs were graded and packed; or

  • (b) the wholesaler or retailer of the eggs.

• (3) Where a tray with an overwrap or a carton marked pursuant to this section is packed in a container, the container need not be marked pursuant to this section if the markings on the tray or carton are visible without opening the container.

• (4) The provisions of sections 14 to 16 and of this section do not apply in respect of a tray with an overwrap or a carton that is

  • (a) packed in a container marked in accordance with sections 14 to 16 and this section; and

  • (b) sent or conveyed to a registered egg station.

18 No container of eggs graded pursuant to these Regulations shall be marked with

• (a) any word or words declaring or implying that the eggs packed therein are superior in quality to the grade marked thereon; or

• (b) any word or words indicative of size other than a size designation.

• 19 (1) The markings referred to in this Part shall, except in the case of a tray with an overwrap or a carton, be

  • (a) printed, stamped or stencilled in a central location on one of the four sides of every box, case or other receptacle; or

  • (b) printed on a tag that is securely affixed in a central location to one of the four sides of every box, case or other receptacle.

• (2) The tag referred to in paragraph (1)(b) shall be not less than 75 mm in width and not less than 150 mm in length.

  TABLE[Repealed, SOR/92-70, s. 5]

• 20 (1) The letters and numbers marked on every container, other than a tray with an overwrap or a carton, and on every tag shall be

  • (a) subject to paragraph (b), not less than 13 mm in height for the grade name and the words “eggs” and “oeufs”, “Product of Canada” and “Produit du Canada”, “ungraded eggs” or “oeufs non classés” and “dyed” or “teints”;

  • (b) where the grade name is marked within the outline of a maple leaf, not less than

    • (i) 6 mm in height for the word “Canada”, and

    • (ii) 13 mm in height for the remainder of the grade name, the size designation of the eggs and the words “eggs” and “oeufs” and “Product of Canada” and “Produit du Canada”; and

  • (c) not less than 6 mm in height for all other letters and numbers.

• (2) The words “Product of Canada” and “Produit du Canada” shall be marked immediately beneath the words “eggs” and “oeufs” on the container.

• 21 (1) The grade name, the size designation and the words “eggs” and “oeufs” shall be marked on the top of every tray with an overwrap and every carton, and all other required markings shall be on the top or side of the tray or carton.

• (2) The letters and numbers marked on every tray with an overwrap and every carton shall be

  • (a) subject to subparagraph (b)(ii), not less than 1.5 mm in height; and

  • (b) where the grade name is marked within the outline of a maple leaf, not less than

    • (i) 1.5 mm in height for the word “Canada”, and

    • (ii) 3 mm in height for the remainder of the grade name, the size designation of the eggs and the words “eggs” and “oeufs”.

22 The markings referred to in this Part shall be printed, stamped or otherwise applied so that they are legible and clearly discernible.

22.1 No person shall remove the dye mark from an egg graded Canada A, Canada B, Canada C or Canada Nest Run and marked with a dye mark.

22.2 No labels applied to an egg graded Canada A or Canada B shall cover, in total, an area on the egg larger than 2.5 cm².

PART IVInspection and Certification

• 23 (1) Every person who requests, pursuant to these Regulations, a certificate of inspection for eggs shall

  • (a) make a written application to an inspector for an inspection; and

  • (b) at the time of the inspection, make readily accessible for inspection all eggs from which the inspector may draw samples.

• (2) Eggs graded pursuant to these Regulations or in respect of which a grade name established by these Regulations is applied or used may be inspected by an inspector at any time.

• (3) Eggs conveyed to a registered processed egg station may be inspected by an inspector at the registered processed egg station if

  • (a) a written application is made by the Canadian Egg Marketing Agency to an inspector for an inspection, setting out the period in respect of which the inspection is required; and

  • (b) an inspector is available during that period at the registered processed egg station to inspect the eggs.

• 24 (1) An inspector shall, where an application referred to in paragraph 23(1)(a) has been made, issue a certificate of inspection where the inspector finds on inspection of eggs that

  • (a) subject to paragraphs (c) and (d), the eggs meet the requirements set out in Schedule IV;

  • (b) subject to paragraphs (c) and (d), the eggs are graded, packaged and, subject to subsection (2), marked, in accordance with these Regulations;

  • (c) in the case of eggs for export from Canada, the eggs meet the requirements set out in paragraphs 26(1)(a) and (b); and

  • (d) in the case of eggs for import into Canada, the eggs meet the requirements set out in subsection 31(1).

• (2) An inspector who issues a certificate of inspection shall, on request, mark the container with a stamp approved by the Agency.

• 25 (1) A certificate of inspection referred to in section 24 shall set out

  • (a) the date and place of the inspection;

  • (b) a description of the eggs inspected;

  • (c) the name of the person who made a written application for the inspection;

  • (d) the name and address of the consignee of the eggs; and

  • (e) a certification that the eggs are graded, packaged and marked in accordance with these Regulations.

• (2) A certificate of inspection referred to in section 24 is valid for

  • (a) a period of five days from the day of inspection; and

  • (b) the shipment of eggs between the place of inspection and the address of the consignee set out in the certificate.

25.1 and 25.2 [Repealed, SOR/96-124, s. 2]

25.3 [Repealed, SOR/2000-183, s. 3]

PART VInternational and Interprovincial Trade

Exports

• 26 (1) Subject to subsection (2) and section 27, no person shall export eggs unless

  • (a) the eggs have been prepared in a registered egg station;

  • (b) the eggs meet the requirements of one of the grades established by these Regulations; and

  • (c) a Certificate of Inspection, signed by an inspector, has been issued in respect of the eggs.

• (2) Subsection (1) does not apply in respect of a shipment of eggs that

  • (a) is of 24 cases or fewer;

  • (b) is part of an emigrant’s effects; or

  • (c) is carried on any vessel, train, motor vehicle, aircraft or other means of transportation for use as food for the crew or passengers thereof.

27 Eggs that do not meet the requirements of these Regulations in respect of grade, packing or marking may be exported if

• (a) the shipper provides a signed statement

  • (i) confirming that the container and markings comply with the requirements of the importing country, and

  • (ii) setting out the quality specifications of the contract under which the eggs are being exported;

• (b) the label affixed to the container does not misrepresent the quality, quantity, characteristics, safety or nutritional value of the eggs; and

• (c) a Certificate of Inspection, signed by an inspector, has been issued in respect of the eggs.

28 A Certificate of Inspection shall be presented at the port of exit of eggs when demanded by an inspector or a customs officer.

Interprovincial Trade

29 Subject to section 30, no person shall convey eggs from one province to another province unless the eggs

• (a) meet the requirements of one of the grades established by these Regulations;

• (b) are packed and marked as prescribed by these Regulations; and

• (c) have been prepared in a registered egg station.

• 30 (1) No person shall convey from one province to another province, except to a registered processed egg station in that other province, eggs that

  • (a) are graded Canada A or Canada B and bear a dye-mark; or

  • (b) are graded Canada C.

• (1.1) Eggs that are graded Canada Nest Run may be conveyed from one province to another province if the eggs are conveyed to a registered processed egg station or a registered egg station in that other province.

• (2) Ungraded eggs, other than rejects, may be conveyed from one province to another province if the eggs are packed in a container bearing the words “Ungraded Eggs” or “Oeufs non classés” and are conveyed to a registered processed egg station or registered egg station in that other province.

• (3) Eggs that are imported into Canada having the grade designation Grade C or Grade Nest Run may be conveyed from one province to another province if those eggs are conveyed to a registered processed egg station in that other province.

• (4) Ungraded eggs that are imported pursuant to subsection 31(3) into Canada may be conveyed from one province to another province if those eggs are conveyed to a registered processed egg station in that other province.

• (5) Eggs that are rejects may be conveyed from one province to another where the eggs are not intended for human consumption.

Imports

• 31 (1) Subject to subsections (2) and (3), no person shall import any eggs into Canada unless

  • (a) the eggs originated in a country that has grade requirements and a system of inspection substantially equivalent to those prescribed by these Regulations;

  • (b) the eggs meet the grade designation marked on the container and the requirements established by these Regulations for eggs of the equivalent Canadian grade;

  • (c) the eggs have been prepared under conditions substantially equivalent to those prescribed by these Regulations;

  • (d) in the case of eggs having the grade designation Grade A, the eggs have marked on the container the size designation as set out in Schedule III;

  • (e) the container of eggs bears a label marked with the words “Product of” and “Produit de” followed by the name of the country of origin;

  • (f) the eggs are packed and marked in accordance with these Regulations;

  • (g) in the case of eggs having the grade designation Grade C or Grade Nest Run, the eggs are conveyed to a registered processed egg station;

  • (h) in the case of pasteurized eggs, the information set out in paragraph 7(2)(h) has been submitted in advance to the Executive Director; and

  • (i) the eggs are accompanied by inspection documentation, for presentation to an inspector at the point of inspection, that verifies that the requirements set out in paragraphs (a) to (d) and, if applicable, paragraph (h) have been met.

• (2) Subsection (1) does not apply in respect of a shipment of eggs that

  • (a) is of one case or less and is not intended for sale in Canada;

  • (b) is part of an immigrant’s effects;

  • (c) is of five cases or less and is intended for use in analysis, evaluation, testing or research or in a national or international food exhibition;

  • (d) is carried on any vessel, train, motor vehicle, aircraft or other means of transportation for use as food for the crew or passengers thereof; or

  • (e) is imported from the United States onto the Akwesasne Reserve for use by an Akwesasne resident.

• (2.1) Paragraph (2)(e) does not apply in respect of a shipment of eggs that is conveyed to Canada from another country through the United States.

• (2.2) For the purpose of paragraph (2)(e), Akwesasne resident means an individual who has established permanent residence on the Akwesasne Reserve.

• (3) Subject to section 5 of the Export and Import Permits Act, subsection (1) does not apply to a person who imports into Canada ungraded eggs solely for direct delivery to a registered processed egg station for processing if

  • (a) prior to importation, the importer informs the Executive Director in writing of the quantity of ungraded eggs to be imported and the date of importation and identifies the registered processed egg station to which the eggs are to be delivered; and

  • (b) the eggs are packed in a container that

    • (i) is clean, as defined in section 13,

    • (ii) is dry and sound in construction,

    • (iii) is marked with the words “Ungraded Eggs” or “Oeufs non classés”, and

    • (iv) has marked on it the place and country of origin of the eggs.

• (4) Every person who imports into Canada ungraded eggs pursuant to subsection (3) shall deliver the eggs or have them delivered directly to the registered processed egg station identified to the Executive Director pursuant to paragraph (3)(a).

• (5) No person shall convey ungraded eggs imported into Canada pursuant to subsection (3) except to the registered processed egg station identified to the Executive Director pursuant to paragraph (3)(a).

• (6) No person shall convey from a registered processed egg station any ungraded eggs imported into Canada pursuant to subsection (3) unless those eggs are processed eggs.

• 32 (1) No person shall import into Canada eggs that do not meet the requirements of these Regulations.

• (2) An inspector may determine by inspection and analysis whether eggs that were imported into Canada and seized and detained under section 23 of the Act at the time of entry into Canada meet the grades prescribed by these Regulations.

• (3) No person shall remove, sell or otherwise dispose of any eggs that are subject to inspection and analysis under subsection (2) unless a notice of release is issued in respect of the eggs by an inspector.

• (4) A person who imports ungraded eggs into Canada shall furnish an inspector, without charge, with such samples of imported eggs as may be required by the inspector for an inspection and analysis referred to in subsection (2).

• (5) A report containing the results of an inspection and analysis of a sample referred to in subsection (4) shall be mailed or delivered to the person who imported the eggs.

PART VISeizure and Detention

• 33 (1) Where an inspector seizes and detains eggs or any other thing pursuant to section 23 of the Act, the inspector shall affix to the container of the eggs or other thing a detention tag on which the following are clearly marked:

  • (a) the words “UNDER DETENTION” and “RETENU”, in bold-face letters;

  • (b) an identification number;

  • (c) a description of the eggs or other thing;

  • (d) the reason for the seizure and detention;

  • (e) the date of the seizure and detention; and

  • (f) the name of the inspector, in block letters, and the signature of the inspector.

• (2) No person shall alter, deface or remove a detention tag affixed to a container of eggs or to any other thing unless the person is authorized to do so by an inspector.

• 34 (1) An inspector shall, after detaining eggs or any other thing in accordance with subsection 33(1), forthwith deliver or mail a notice of detention

  • (a) to the person having the care or custody of the eggs or other thing at the place where it was seized and to the person having the care or custody of the eggs or other thing at the place where it is being detained;

  • (b) to the owner of the eggs or other thing that was seized, or to the owner’s agent; and

  • (c) where the eggs or other thing is removed from the place where it was seized to another place in accordance with subsection 19(5) or 25(1) of the Act, to the person having the care or custody of the eggs or other thing at that other place.

• (2) A notice of detention referred to in subsection (1) shall state that the eggs or other thing was seized and detained pursuant to section 23 of the Act and shall set out

  • (a) the detention tag identification number;

  • (b) a description of the eggs or other thing;

  • (c) the reason for the seizure and detention;

  • (d) the date of the seizure and detention;

  • (e) the name of the inspector, in block letters, and the signature of the inspector;

  • (f) the place of detention; and

  • (g) the telephone number to call for further information in respect of the seizure and detention.

35 Eggs or any other thing detained under section 23 of the Act shall be detained under storage conditions appropriate to the preservation of the eggs or other thing.

36 Where an inspector determines that detained eggs or any other detained thing meets the requirements of the Act and these Regulations, the inspector shall release the eggs or other thing and shall deliver or mail one copy of a notice of release to each of the persons to whom a copy of the notice of detention referred to in subsection 34(1) was delivered or mailed.

37 Eggs or any other thing forfeited under subsection 28(1) of the Act shall be disposed of in the manner ordered by the court directing the forfeiture and, if no order for the disposition of the eggs or other thing is made by that court, the eggs or other thing shall be disposed of in the following manner, namely,

• (a) in the case of eggs that are edible, they shall be

  • (i) sold and the proceeds deposited to the credit of the Receiver General, or

  • (ii) donated to a charitable institution;

• (b) in the case of eggs that are inedible, they shall be sold for preparation as animal food or as a non-food product, and the proceeds deposited to the credit of the Receiver General, or otherwise disposed of in a manner acceptable to the Minister; and

• (c) in the case of a thing other than eggs, it shall be sold and the proceeds deposited to the credit of the Receiver General, or otherwise disposed of in a manner acceptable to the Minister.

38 Eggs forfeited under subsection 30(2) of the Act shall be disposed of in the following manner, namely,

• (a) in the case of eggs that are edible, they shall be

  • (i) sold and the proceeds deposited to the credit of the Receiver General, or

  • (ii) donated to a charitable institution; and

• (b) in the case of eggs that are inedible, they shall be sold for preparation as animal food or as a non-food product, and the proceeds deposited to the credit of the Receiver General, or otherwise disposed of in a manner acceptable to the Minister.

SCHEDULE II(Section 15)

• SOR/90-299, s. 12
• SOR/92-70, s. 10