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Registration

SOR/2011-234 October 27, 2011

MEAT INSPECTION ACT

Regulations Amending the Meat Inspection Regulations, 1990

P.C. 2011-1265 October 27, 2011

His Excellency the Governor General in Council, on the recommendation of the Minister of Agriculture and Agri-Food, pursuant to section 20 (see footnote a) of the Meat Inspection Act (see footnote b), hereby makes the annexed Regulations Amending the Meat Inspection Regulations, 1990.

REGULATIONS AMENDING THE MEAT
INSPECTION REGULATIONS, 1990

AMENDMENTS

1. The definition “specified risk material” in subsection 2(1) of the Meat Inspection Regulations, 1990 (see footnote 1) is replaced by the following:

“specified risk material” has the same meaning as in section 6.1 of the Health of Animals Regulations; (matériel à risque spécifié)

2. Subsection 3(1.1) of the Regulations is replaced by the following:

(1.1) The exemption established in paragraph (1)(i) does not apply to a food that is, that contains or that is derived from specified risk material in any form that originated in a country, or a part of a country, other than a country or part of a country that is designated under section 7 of the Health of Animals Regulations as posing a negligible risk for Bovine Spongiform Encephalopathy.

3. Paragraph 26(1)(a.1) of the Regulations is replaced by the following:

  • (a.1) it is not derived from, and does not contain, specified risk material in any form, whether or not incorporated into another thing, that originated in Canada or in a country, or a part of a country, other than a country or part of a country that is designated under section 7 of the Health of Animals Regulations as posing a negligible risk for Bovine Spongiform Encephalopathy;

4. Subsection 27(2) of the Regulations is repealed.

5. (1) Paragraphs 28(1)(k) and (l) of the Regulations are replaced by the following:

  • (k) have facilities for the cleaning of protective clothing, if an application for registration is made for one of the activities set out in paragraph 27(1)(a),(b), (c), (e) or (f);
  • (k.1) have handwashing facilities that are operated hands-free and drained directly, and in sufficient number to maintain sanitary conditions, given the number of employees and nature of the anticipated activities in the establishment, and that are situated in locations that are readily accessible to maintain such conditions;
  • (l) have outside shipping and receiving areas that are adequately drained to avoid standing or pooled water, with a surface that is hard, smooth and impervious to moisture;

(2) Paragraph 28(1)(p) of the Regulations is replaced by the following:

  • (p) have drainage and sewage systems that
    1. (i) are designed and constructed to prevent the risk of contamination by waste water,
    2. (ii) are adequate to dispose of all waste water, and
    3. (iii) where drainage channels are fully or partially open, prevent waste water from flowing from a contaminated area towards or into a clean area;

(3) Paragraph 28(3)(a) of the Regulations is replaced by the following:

  • (a) be equipped with
    1. (i) a private, furnished workspace for the use of inspectors, with access to dressing rooms, shower facilities and lavatories, and
    2. (ii) lockers and cabinets suitable for the protection and storage of the equipment and supplies of inspectors;

(4) Paragraphs 28(3)(e) and (f) of the Regulations are repealed.

(5) Paragraphs 28(5)(a) and (b) of the Regulations are repealed.

(6) Paragraph 28(6)(a) of the Regulations is repealed.

6. Section 33 of the Regulations is repealed.

7. Section 36 of the Regulations is replaced by the following:

36. The temperature in a room or area of a registered establishment where a meat product is processed, packaged, labelled or handled shall be appropriate to ensure the preservation of a meat product.

8. (1) Subparagraph 94(1)(a)(iii) of the Regulations is replaced by the following:

  1. (iii) the operator’s name and the address of the registered establishment where the meat product was produced or labelled or the name and address of the person for whom the meat product was produced or labelled, preceded by the words “Prepared for” and “Préparé pour”,

(2) Subparagraph 94(1)(b)(iii) of the Regulations is replaced by the following:

  1. (iii) the operator’s name and the address of the registered establishment where the meat product was produced or labelled or the name and address of the person for whom the meat product was produced or labelled, preceded by the words “Prepared for” or “Préparé pour”,

(3) Subparagraph 94(1)(c)(ii) of the Regulations is replaced by the following:

  1. (ii) the operator’s name and the address of the registered establishment where the meat product was produced or labelled or the name and address of the person for whom the meat product was produced or labelled, preceded by the words “Prepared for” and “Préparé pour”,

(4) Subparagraph 94(1)(d)(iii) of the Regulations is replaced by the following:

  1. (iii) the operator’s name and the address of the registered establishment where the meat product was produced or labelled or the name and address of the person for whom the meat product was produced or labelled, preceded by the words “Prepared for” or “Préparé pour”,

(5) Paragraph 94(2)(e) of the Regulations is replaced by the following:

  • (e) the operator’s name and the address of the registered establishment where the meat product was produced or labelled or the name and address of the person for whom the meat product was produced or labelled, preceded by the words “Prepared for” or “Préparé pour”;

9. Subsection 97(1) of the Regulations is replaced by the following:

97. (1) Subject to subsections (2) to (8) and section 122, all markings required by these Regulations to be shown on a label used in connection with a meat product shall be shown in both official languages, except that the operator’s name and the address of the registered establishment where the meat product was produced or labelled or the name and address of the person for whom the meat product was produced or labelled may be shown in one of the official languages.

COMING INTO FORCE

10. These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issue and objectives

Pursuant to the Meat Inspection Act, the current Meat Inspection Regulations, 1990 (MIR) prescribe requirements for the registration and inspection of establishments involved in the slaughter of food animals, the processing, packaging, labelling, refrigeration, freezing and storage of meat products for trade inter-provincially and internationally. Meat intended to be traded inter-provincially or internationally must be processed in a federally registered establishment, while meat intended to be sold within the same province or territory where it is processed does not.

Most of the non-federally registered establishments involved in the slaughter of food animals, the processing, packaging, labelling, refrigeration, freezing and storage of meat products are small- or medium-sized businesses that operate locally and have limited production capacity and/or limited financial means to pursue federal registration and correspondingly fulfill the requirements of the MIR. For these establishments, becoming federally registered is expensive, varying greatly from establishment to establishment in relation to the volume and nature of the product. The cost for new plants is estimated at $200 per square foot.

In July 2011, federal, provincial and territorial Ministers (FPT Ministers) of Agriculture made a commitment to advance efforts to simplify requirements for establishments involved in the slaughter, processing or packaging of meat products traded inter-provincially while maintaining food safety standards.

The objective of this regulatory action, therefore, is to assist in honouring the commitment of

  • — the FPT Ministers of Agriculture to streamline and simplify requirements (e.g. replace prescriptive requirements and/or criteria with more outcome-based requirements) for all existing federally registered establishments as well as future applicants to the federal system while maintaining Canada’s high federal food safety standards;
  • — the Canadian Food Inspection Agency (CFIA) to participate in broader government of Canada initiatives such as the Red Tape Reduction Commission and the US-Canada Regulatory Cooperation Council (RCC) exercises, both seeking to ease the burden on smaller businesses and facilitate trade; and
  • — the CFIA to develop an outcome-based regulatory framework that provides small business the necessary flexibility in developing regulatory requirement compliance approaches suited to their business size.

Description and rationale

The regulatory amendments in this package constitute modifications to the existing Meat Inspection Regulations, 1990, as recommended and supported by the FPT Ministers of Agriculture. The administrative amendment to the “specific risk material” definition will also ensure consistency with other Regulations, namely the Health of Animals Regulations and the Feeds Regulations, 1983, administered by the CFIA. These amendments do not make any substantive changes to the MIR but do increase the flexibility and consistency in the application and interpretation of the Regulations for establishments involved in the slaughter of food animals, the processing, packaging, labelling, refrigeration, freezing and storage of meat products for trade inter-provincially. These amendments will allow more small- and medium-sized enterprises to access the federal system and, therefore, trade inter-provincially.

The amendments contained in this regulatory action

1. Repeal certain obsolete and redundant requirements;

Repeal horse segregation provision section 33, related to segregation of horse meat in registered establishments, providing more flexibility to operators.

Replace paragraph 28(1)(k) with new text for the cleaning of protective clothing and hand washing facilities and adopt a modern description appropriate for the sensor activated faucets (plumbing requirements) used in existing establishments.

Repeal subsection 27(2) concerning detailed plans and specifications for establishment as the need for them are considered obsolete in practice by Canada and its major trading partners including the United States and the European Union.

2. Streamline duplicative provisions/requirements;

Streamline paragraph 28(3)(a) requirements for CFIA staff to have exclusive welfare facilities (i.e. offices, dressing rooms, shower facilities and lavatories) in establishments registered for slaughter of food animals. For example, eliminate the requirement for a washroom and showers.

Repeal paragraph 28(1)(k), as the provision is already a part of the sewage system requirement.

Repeal paragraphs 28(3)(e), 28(5)(a) and (b), and 28(6)(a) as the requirements will be integrated into the revised paragraph 28(1)(k) concerning cleaning of protective clothing and hand washing facilities along with 28(3)(a).

Repeal paragraph 28(3)(f) concerning facility construction as the requirement is covered in paragraph 28(1)(m).

3. Convert prescriptive requirements, namely requirements that specify how an outcome must be achieved, where possible, to outcome-based requirements that rely on principles and outcome-focussed rules;

Revise room temperature requirements to process domestic poultry, from section 36, from a specified temperature degree to a more outcome-based provision that requires the temperature to be appropriate to ensure the preservation of a meat product.

Revise construction and facility requirements for registration of an establishment, paragraph 28(1)(l), to remove the paving provision and replace it with a more flexible requirement that permits a variety of surfaces as long as outcomes for sanitation and drainage are met.

4. Ensure consistency in terminology with other CFIA administered Regulations, namely the Health of Animals Regulations and the Feeds Regulations, 1983;

Ensure the “specific risk material” definition in the Meat Inspection Regulations,1990 matches the changes made in 2009 to the Health of Animals Regulations and the Feeds Regulations, 1983. Where Bovine Spongiform Encephalopathy (BSE) is referenced in all MIR provisions, modify from “free” to “negligible risk.”

5. Amend incorrect terminology;

Amend construction and facility requirements for the registration of an establishment, under subsection 28(1) to resolve certain regulatory impediments of a non-food safety nature to address issues raised during the pilot project. For example, update old terms applied to hand washing facilities such as “remote-controlled or timed” to reflect more current terminology usage such as “hands free”.

In section 94, replace the terminology “Name of establishment” with the terminology “Name of Operator of, and the address of, the registered establishment” in order to enhance technical accuracy.

and

6. Increase alignment with regulations and policies of Canada’s major trading partners including the United Sates and the European Union.

Repeal subsection 27(2) concerning detailed plans and specifications for an establishment as the need for them is considered obsolete in practice by Canada and its major trading partners.

Remove the specified requirement for sewage systems to be in accordance with provincial plumbing codes under paragraph 28(1)(p) and replace with outcome-based criteria aligned with European Union regulations.

Consultation

These issues have been discussed for several years by the FPT Ministers who have been seeking ways to eliminate potential barriers to inter-provincial trade. In response to these discussions and the growing demand from non-federally registered establishments, the CFIA initiated a FPT Interprovincial Meat Trade Pilot Project in September 2010. During this project, provincial, territorial and federal government authorities worked with a group of select pilot facilities in order to validate new inspection requirements, conduct evaluations, and collect samples and information. During this project a CFIA working group consulted with provincial representatives who, in turn, consulted with local businesses and smaller scale operators.

Implementation, enforcement and service standards

There will be no change to current compliance and enforcement strategies as a result of this amendment.

Contacts

Mr. David Spicer
Director
Regulatory, Legislative and Economic Affairs
Canadian Food Inspection Agency
Telephone: 613-773-5889
Fax: 613-773-5960
Email: David.Spicer@inspection.gc.ca

Mr. Richard Arsenault
Director
Meat Programs Division
Canadian Food Inspection Agency
Telephone: 613-773-6156
Fax: 613-773-6281
Email: Richard.Arsenault@inspection.gc.ca

Footnote a
S.C. 1993, c. 44, s. 184

Footnote b
R.S., c. 25 (1st Supp.)

Footnote 1
SOR/90-288