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Newfoundland and Labrador
Regulation 2015


NEWFOUNDLAND AND LABRADOR REGULATION 75/15

NEWFOUNDLAND AND LABRADOR
REGULATION 75/15

Fish Inspection Administrative Regulations (Amendment)
under the
Fish Inspection Act
(O.C. 2015-190)

(Filed September 29, 2015)

Under the authority of subsection 4(1) of the Fish Inspection Act, the Lieutenant-Governor in Council makes the following regulations.

Dated at St. John’s, September 28, 2015.

Julia Mullaley
Clerk of the Executive Council

REGULATIONS

Analysis


        1.   S.4 Amdt.
Licence not required

        2.   S.4.1 Added
Restriction on direct sales

        3.   S.17 Amdt.
Administrative penalty


NLR 74/07
as amended

        1. (1) Section 4 of the Fish Inspection Administrative Regulations is amended by adding immediately after paragraph (a) the following:

         (a.1)  a fish harvester selling the following fish, which shall be from his or her catch and caught in accordance with his or her commercial fishing licence issued under the Fisheries Act (Canada) and regulations under that Act, directly to an individual at an establishment:

                      (i)  fresh finfish,

                     (ii)  live crustaceans,

                    (iii)  seal meat,

                    (iv)  shucked scallops, or

                     (v)  squid;

         (a.2)  a fish harvester filleting finfish for the purpose of selling it or offering to sell it in accordance with paragraph (a.1);

             (2)  Paragraph 4(c) of the regulations is repealed and the following substituted:

             (c)  an individual purchasing fish for personal consumption and not for resale directly from

                      (i)  a fish processor who is licensed under the Act and the regulations,

                     (ii)  a person licensed under section 5 of the Food Premises Regulations, or

                    (iii)  a person referred to in paragraph (d);

             (3)  Section 4 of the regulations is amended by adding immediately after paragraph (c) the following:

          (c.1)  an individual purchasing the following fish for personal consumption and not for resale directly from a fish harvester:

                      (i)  fresh finfish,

                     (ii)  live crustaceans,

                    (iii)  seal meat,

                    (iv)  shucked scallops, or

                     (v)  squid;

 

        2. The regulations are amended by adding immediately after section 4 the following:

Restriction on direct sales

      4.1 A direct sale between a fish harvester and either a person who holds both a fish buyer's licence and a licence under section 5 of the Food Premises Regulations or an individual shall take place at an establishment and shall not take place from a vehicle or by means of door-to-door sales.

 

        3. Subsection 17(2) of the regulations is repealed and the following substituted:

             (2)  Where the holder of a fish processing licence fails to file a report as required by section 15 of the Fish Inspection Operations Regulations or the holder of a fish buyer's licence fails to file a report as required by section 15.01 of the Fish Inspection Operations Regulations, the minister may order that person to pay to the government of the province a penalty of $100 per day for each day or part thereof that the report is not filed to a maximum of $20,000.