34 (1) Subject to subsection (2) every package of feed that contains from 5 kg to 50 kg of feed shall contain either 5 kg, 10 kg, 20 kg, 25 kg, 40 kg or 50 kg of such feed.
(2) Subsection (1) does not apply to
(a) packages of feed shipped to a manufacturer of feed if the feed is not to be resold in those packages;
(b) packages that contain a net quantity of 36 kg of crushed or crimped unhulled oats, brewers dried grains, oyster shell, clam shell or any feed material purported or commonly considered to be a source of calcium, calcium and grit, phosphorus or phosphorus and calcium;
(c) packages used by a retailer for containing feed to be sold in bulk;
(d) packages that contain a macro-premix or micro-premix; or
(e) packages of feed authorized by the Director to be of a size different from those referred to in subsection (1) in order to facilitate
(i) the availability of feed in cases of emergency,
(ii) the test marketing of a feed in such package sizes as the manufacturer customarily manufactures and sells,
(iii) unit sizing of a package in which the directions for use indicate that the entire contents of the package are to be used to serve as an individual dose or portion or to prepare a lot or batch of feed, or
(iv) the manufacture and sale of feeds for which industrial equipment is not readily available to package the product in sizes referred to in subsection (1).
(3) Subsections (1) and (2) shall cease to be in force on January 1, 1994.
- SOR/93-157, s. 2
35 [Repealed, SOR/2000-184, s. 52]
Samples for Analysis
36 (1) A sample of feed submitted by an inspector for analysis shall represent fairly the lot of feed from which the sample is taken and be of sufficient size to be satisfactory for analytical purposes.
(2) Where the feed to be analysed is in packages having a mass of more than 5 kg, approximately equal portions shall be taken from not less than five separate packages of the feed or, where the lot contains less than five packages, approximately equal portions shall be taken from each of the packages.
(3) Where the feed to be analysed is in bulk, approximately equal portions shall be taken from not less than five separate sections of the bulk.
(4) Where the feed to be analysed is in packages each having a mass of 5 kg or less, one unbroken package may constitute a sample.
(5) Where a portion of the feed that is to be analysed appears mouldy or otherwise damaged in a manner to affect its suitability for feeding purposes, separate samples may be taken of the undamaged portion and the damaged portion.
37 (1) Any article seized pursuant to section 9 of the Act may be detained by an inspector at any place by attaching a detention tag to the article or to any part of it.
(2) Where an article is detained pursuant to subsection (1), an inspector shall deliver or mail a notice of detention to its owner or to the person in possession of it.
(3) No person shall alter or remove a detention tag or sell or move any detained article unless an inspector gives written authorization to the person to do so.
(4) Where an article is released from detention, an inspector shall deliver or mail a notice of release to its owner or to the person in possession of it.
(5) Any article forfeited under section 9 of the Act shall be disposed of in the following manner:
(a) in the case of a feed that is fit for consumption by livestock, it 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 a feed that is not fit for consumption by livestock, it shall be disposed of in a safe manner; and
(c) in the case of an article other than a feed, it shall be sold and the proceeds deposited to the credit of the Receiver General.
- SOR/92-585, s. 2
- SOR/94-683, s. 2
- Date modified: