Canadian Chicken Licensing Regulations

5 (1) Every licence, other than a market development licence, is issued subject to the following conditions:

• (a) the licensee must report to CFC and to the Provincial Commodity Board or person authorized by CFC, within seven days after the end of each week of marketing, the number of head and the aggregate weight of live chicken marketed by the licensee in interprovincial and export trade during that week, indicating

  • (i) in the case of interprovincial trade, the province from which, and the province to which, the live chicken was marketed,

  • (ii) in the case of export trade, the province from which, and the country to which, the live chicken was marketed, and

  • (iii) the names and addresses of the persons from whom, and to whom, the live chicken was marketed;

• (b) within seven days after the licensee receives a document by which a number of kilograms of quota is allotted to the licensee, or by which a number of kilograms of chicken is otherwise authorized to be produced by the licensee, issued on behalf of CFC by the Provincial Commodity Board in the province where the licensee’s registered production facilities are located, the licensee must provide a copy of the document to CFC;

• (c) the licensee must comply with all orders, regulations and rules of CFC and the provisions of the Farm Products Agencies Act;

• (d) the licensee must keep complete and accurate books on all matters relevant to the marketing of chicken, live or eviscerated, in interprovincial or export trade, and retain them for six years after the date of the last entry in them;

• (e) the licensee must not knowingly engage in the marketing of live chicken in interprovincial or export trade with persons who do not hold a licence issued under these Regulations;

• (f) the licensee must not knowingly engage in the marketing, in interprovincial or export trade, of live chicken not raised by producers authorized to market live chicken in interprovincial or export trade under quotas allotted in accordance with the Canadian Chicken Marketing Quota Regulations;

• (g) the licensee must not engage in the marketing of chicken in interprovincial or export trade in excess of the quota allotted on behalf of CFC to the licensee by the Provincial Commodity Board of the province in which the producer’s registered production facilities are located;

• (h) the licensee must not knowingly engage in the marketing of chicken with a producer who is marketing chicken in excess of the quota allotted on behalf of CFC to the producer by the Provincial Commodity Board of the province in which the producer’s registered production facilities are located;

• (i) the licensee must remit any levies imposed under sections 3 and 4 of the Canadian Chicken Marketing Levies Order; and

• (j) the licensee must comply, as determined by the appropriate board, with the marketing scheme of the Provincial Commodity Board and the orders, regulations and rules of the Provincial Commodity Board and the Provincial Supervisory Board.

(2) When a person who holds a transporter’s licence arrives at the premises of a processor, the person must, on request by an inspector of CFC, produce for inspection by the inspector a copy of the delivery receipt, bill of lading or any other document issued by that person at the time of loading in respect of the live chicken being transported at that time.

(3) Every market development licence is issued subject to the following conditions:

• (a) the licensee must be a primary processor using slaughtering facilities that are subject to inspection under a federal Act or regulations made under a federal Act;

• (b) the licensee must submit a market development commitment form to CFC, or to any Provincial Commodity Board or person authorized by CFC, at least seven days before the day on which CFC allocates the quota for the period indicated in section 1 of the market development commitment form;

• (c) the licensee must not knowingly engage in the marketing, in interprovincial or export trade, of chicken not raised by producers authorized to market chicken in interprovincial or export trade under federal market development quotas allotted in accordance with the Canadian Chicken Marketing Quota Regulations;

• (d) during the market development commitment period, the licensee must market the total live weight equivalent of the number of kilograms of chicken indicated in section 1 of the market development commitment form — calculated by using the coefficients set out in column 2 of the table to section 1 of Schedule 2 — to the buyers, and for the end-uses, referred to in section 3 of that Schedule and, during that period, the licensee must receive, in respect of the chicken, a copy of the Market Development Policy Volume Confirmation letter issued to buyers by the Department of Foreign Affairs and International Trade, the Certificate of Inspection Covering Meat Products or the Official Meat Inspection Certificate for fresh meat, meat by-products, meat food products and poultry products, both of which certificates are issued by the Canadian Food Inspection Agency;

• (e) the chicken marketed under the market development licence must be one of the product categories set out in column 1 of the table to section 1 of Schedule 2, must not be derived from mature chicken or spent fowl and must not be imported chicken;

• (f) sufficient information to allow CFC to determine that the licensee has complied with the conditions set out in paragraphs (d) and (e) must be provided by the licensee to CFC, or to any Provincial Commodity Board or person authorized by CFC to receive the information, within 21 days after each period that is described by paragraph (a), (b) or (c) of the definition market development commitment period in section 1 and included in the market development commitment period during which chicken produced under the market development quota was marketed;

• (g) the licensee must comply with all orders, regulations and rules of CFC and the National Farm Products Council and with the provisions of the Farm Products Agencies Act;

• (h) the licensee must remit any levies imposed on the licensee under subsection 5(1) of the Canadian Chicken Marketing Levies Order;

• (i) within 21 days after each period (in this paragraph referred to as the reporting period) that is described by paragraph (a), (b) or (c) of the definition market development commitment period in section 1 and included in the market development commitment period during which chicken produced under the federal market development quota was marketed, the licensee must provide to CFC, or to any Provincial Commodity Board or person authorized by CFC, in respect of the chicken that was marketed under the licence during the reporting period, a report containing the following information, and the licensee must retain the documents relating to that information for six years after the date of the report:

  • (i) a complete product description,

  • (ii) the end-use product description,

  • (iii) the identity of the purchaser,

  • (iv) the province in which the chicken marketed was produced,

  • (v) the date of marketing the chicken,

  • (vi) the eviscerated weight in kilograms of the chicken marketed,

  • (vii) the live weight equivalent in kilograms of the chicken marketed, and

  • (viii) any other information relating to the marketing of the chicken by the licensee that CFC or any Provincial Commodity Board designated by CFC may direct;

• (i.01) the licensee must retain the following documents, which will be reviewed by CFC at the end of each period within the market development commitment period, for six years after the date of the last entry, and for purposes of the review, the licensee must, if requested, forward the following documents to the Provincial Commodity Board authorized by CFC:

  • (i) the Export Declaration in respect of any of the chicken that was marketed in export trade,

  • (ii) the Certificate of Inspection Covering Meat Products or the Official Meat Inspection Certificate for fresh meat, meat by-products, meat food products and poultry products issued by the Canadian Food Inspection Agency in respect of the chicken,

  • (iii) the bill of lading and, where applicable, the ship delivery slip for shipment of the chicken,

  • (iv) the sales invoice of the licensee for the chicken marketed to buyers,

  • (v) a copy of the Market Development Volume Confirmation letter, if any, issued by the Department of Foreign Affairs and International Trade to each buyer of the chicken,

  • (vi) a copy of each declaration, in the form set out in Schedule 3, that is received by the licensee in accordance with paragraph (4)(b), and

  • (vii) a declaration that is capable of being audited by a third party and that establishes the dry weight and, by reference to section 1 of Schedule 2, the product categories of any chicken referred to in section 2 of the market development commitment form that has been marketed under a licence;

• (i.1) the licensee consents to the disclosure by the Department of Foreign Affairs and International Trade and by the Canada Border Services Agency to CFC of information to establish that chicken claimed by the licensee to meet the licensee’s market development commitment was not imported and then re-exported under an Import for Re-Export Program or a Duty Deferral Program;

• (j) the licensee must keep complete and accurate books on all matters relevant to the marketing of chicken in interprovincial or export trade, and retain them for six years after the date of the last entry in them;

• (k) any transfer of ownership or other disposition of the chicken marketed under the market development licence does not exempt the licensee from complying with this subsection;

• (l) the licensee must prepare and forward to CFC, or to any Provincial Commodity Board, or person, designated by CFC, on a monthly basis a report of inventory of stock that is to be marketed under the market development licence and that is held in storage by the licensee, in a form that is approved by CFC and that sets out the total kilograms of chicken stored by the licensee in each province according to product categories;

• (m) on written request by CFC or any Provincial Commodity Board authorized by CFC, the licensee must provide originals of the documents listed in paragraph (i) and, except for subparagraphs (v) and (vi), the documents listed in paragraph (i.01).

(4) For the purposes of paragraphs (3)(d), (e), (i) and (i.01), the licensee must have slaughtered the chicken that the licensee has claimed to have marketed against the licensee’s market development commitment, unless

• (a) the licensee purchased the chicken from another federally inspected primary processor who slaughtered the chicken;

• (a.1) the quantity of the chicken purchased by the licensee interprovincially does not exceed 50% of the licensee’s market development commitment; and

• (b) the primary processor from whom the licensee purchased the chicken does not claim the live weight equivalent of the number of kilograms of chicken against his or her own market development commitment under paragraph (3)(d), and has declared, in the form set out in Schedule 3, that the chicken is being claimed by the licensee to meet the licensee’s market development commitment and has sent a copy of the declaration within seven days after the day on which it is signed to CFC, the Provincial Commodity Board and the licensee.

(5) A market development licence must not be issued in respect of imported chicken.

(6) Imported chicken cannot be claimed by a market development licensee to meet the licensee’s market development commitments and only chicken produced in Canada is eligible to be marketed under a market development licence and can be used to meet the licensee’s market development commitment.