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RSNL1990 CHAPTER M-2

MEAT INSPECTION ACT

Amended:

1996 cR-10.1 s45; 2006 c40 s21

CHAPTER M-2

AN ACT TO PROVIDE FOR ANIMAL AND MEAT INSPECTION IN SLAUGHTER HOUSES

Analysis



Short title

        1. This Act may be cited as the Meat Inspection Act.

1977 c99 s1

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Definitions

        2. In this Act

             (a)  "animal" means a domestic animal the meat of which is intended to be used for human consumption, and includes birds;

             (b)  "establishment" means an establishment operating under the Meat Inspection Act ( Canada ) for the slaughtering of animals;

             (c)  "inspector" means

                      (i)  an inspector appointed under this Act, or

                     (ii)  an inspector appointed under the Meat Inspection Act ( Canada ) and acting according to an agreement under section 8;

             (d)  "minister" means the minister appointed under the Executive Council Act to administer this Act;

             (e)  "municipality authority" includes the St. John's Municipal Council, the Corner Brook City Council, the Mount Pearl City Council, a council of a city or municipality constituted under a special Act and a town, community or region constituted or continued under the Municipalities Act;

              (f)  "plant" means a slaughter house, abattoir or other place where animals are slaughtered; and

             (g)  "slaughter" means slaughter for the purpose of processing meat for human consumption.

1977 c99 s2; 1979 c33 Sch C; 1979 c49 Sch B; 1988 c35 s443; 1989 c18 Sch B; 2006 c40 s21

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Application

        3. This Act applies to plants within the province that may be designated in the regulations.

1977 c99 s3

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Prohibition

        4. A person shall not

             (a)  [Rep. by 1996 cR-10.1 s45]

             (b)  sell, offer for sale, give, transport, deliver, or deal in the meat of an animal unless the slaughter of the animal took place at a plant to which this Act applies or at an establishment; and

             (c)  operate a plant to which this Act applies unless the plant complies with the standards for plants prescribed in the regulations, or with the standards for an establishment.

1977 c99 s4; 1996 cR-10.1 s45

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Inspectors

        5. (1) The minister may appoint those inspectors that he or she considers necessary for the effective administration of this Act.

             (2)  A certificate of appointment shall be signed by the minister and issued to each inspector appointed under subsection (1).

             (3)  A certificate of appointment issued to an inspector by the minister is admissible in evidence, in the absence of evidence to the contrary, as proof of the appointment of that inspector without proof of the signature or appointment of the minister.

1977 c99 s5

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Powers of inspectors

        6. (1) An inspector may, upon production of his or her certificate of appointment or, in the case of an inspector acting according to an agreement under section 8, upon production of a certificate issued to him or her under the Meat Inspection Act (Canada)

             (a)  enter and search land and premises on or in which he or she has reasonable cause to believe animals are being slaughtered, or meat is being sold, offered for sale, given, transported, delivered or dealt in;

             (b)  require the owner or occupier or an employee of the owner or occupier of the land and premises to answer inquiries reasonably made and to produce for inspection records, accounts, documents, and papers in his or her possession concerning a business being carried on the land or premises relating to the slaughter of animals or the selling of meat, offering of meat for sale, giving of, transporting, delivering or dealing in meat; and

             (c)  seize and detain, for a period not exceeding 90 days, meat that the inspector has reasonable cause to believe is being dealt with contrary to this Act.

             (2)  Notwithstanding the time limit in paragraph (1)(c), where proceedings have been instituted for a contravention of this Act, the meat seized under that paragraph may be detained until the proceedings are concluded.

1977 c99 s6

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Prohibition

        7. (1) An owner or occupier of land or premises described in section 6, and an employee of that owner or occupier, shall help an inspector in carrying out his or her duties under this Act.

             (2)  A person shall not

             (a)  hinder, obstruct or interfere with the inspector in the course of his or her duties;

             (b)  provide an inspector with false information or refuse to provide him or her with information; or

             (c)  fail to produce for inspection or seizure and detention anything that by section 6 the inspector may inspect or seize and detain.

1977 c99 s7

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Agreement

        8. With the approval of the Lieutenant-Governor in Council, the minister may enter into agreements with the Government of Canada or a department or agency of the Government of Canada to provide for

             (a)  the more efficient administration of this Act;

             (b)  the performance by the Government of Canada, or a department or agency of the Government of Canada, on behalf of the province, of functions and services required to be undertaken under this Act; and

             (c)  the performance by the Government of Canada, or a department or agency of the Government of Canada, on behalf of the Government of Canada, of functions and services required to be undertaken under the Meat Inspection Act ( Canada ).

1977 c99 s8

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Agreements with municipalities

        9. The minister may enter into agreements with a municipal authority that may be necessary or desirable for controlling the slaughter of animals or for the efficient administration of this Act within that municipality.

1977 c99 s9

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Payments under agreements

     10. (1) An agreement entered into under this Act with the Government of Canada or with a municipal authority may make provision for payment by or to Canada or to the municipal authority of amounts of money that are required to make that agreement effective.

             (2)  Money received or paid out under an agreement mentioned in subsection (1) shall be paid out of or into the Consolidated Revenue Fund.

1977 c99 s10

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Regulations

     11. (1) The Lieutenant-Governor in Council may make regulations

             (a)  fixing minimum standards for the construction, maintenance, cleanliness, sanitation and operation of plants, with power to adopt with or without modification published regulations, rules, codes or standards made by Canada or a province of Canada or another country or state, or institution or body recognized as a publisher of codes of conduct and standards;

             (b)  providing for the certification or licensing of plants and for the revocation, cancellation and renewal of certificates or licences issued, and prescribing the fees for certificates or licences and their renewals;

             (c)  for the purposes of section 3, designating plants to which this Act applies which may be designated singly, by class or by circumstances;

             (d)  prescribing, for the purpose of paragraph 4(a), circumstances under which animals or classes of animals may be slaughtered without receiving the prior approval of inspectors;

             (e)  providing for the inspection of plants, of animals before slaughter and of meat subsequent to slaughter, prescribing the fees to be paid by owners or operators of plants and establishments for all inspections, with power to prescribe different fees for different types and classes of inspection;

              (f)  respecting packaging of meat and stamping of meat or packers of meat inspected under this Act and the regulations;

             (g)  exempting an animal or class of animal, or the meat of an animal or class of meat of an animal from the operation of this Act;

             (h)  prescribing additional powers and duties of inspectors;

              (i)  generally, to give effect to the purpose of this Act.

             (2)  Regulations made under subsection (1) may apply to the whole of the province or may be restricted in their application to specified areas of the province and may be limited as to time or otherwise, but those regulations shall not be discriminatory nor conflict with the agreements made under section 8.

             (3)  Regulations made under paragraph (1)(b) that make provision for the issuing of certificates or licences or the cancellation or revocation of certificates or licenses shall contain provisions providing for an appeal to a court having appropriate jurisdiction in the province by persons aggrieved against the refusal to register or licence, and by persons whose certificate or licences may be revoked or cancelled.

1977 c99 s11

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Disposal of diseased carcasses

   11.1 The minister may establish the method of treatment and manner of disposal of slaughtered animal carcasses which, upon examination, are found to have a disease or condition which the minister considers to require that treatment or disposal.

1996 cR-10.1 s45

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Forms

   11.2 The minister may approve forms necessary for the purpose of this Act.

1996 cR-10.1 s45

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Offence and penalty

     12. A person who contravenes this Act or the regulations is guilty of an offence and liable on summary conviction

             (a)  in the case of a corporation, to a fine of not more than $1,000; and

             (b)  in the case of a natural person, to a fine of not more than $500 and, in default of payment, to imprisonment for a term not exceeding 3 months, or to both a fine and imprisonment,

and each and every continuance for a day or part of a day of the contravention constitutes a separate offence.

1977 c99 s14