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1Section 3 of New Brunswick Regulation 2009-20 under the Seafood Processing Act is repealed and the following is substituted:

3(1)A person who purchases less than 50 kg of fish per day for personal consumption is exempt from the application of the Act.

3(2)The following persons or classes of persons are exempt from the application of the Act, except for section 35 of the Act:

(a) a person who only produces fish meal for non-human consumption;

(b) a holder of a commercial fishing licence or communal licence under the Fisheries Act (Canada) who holds live lobster caught under the authority of the licence until it is sold;

(c) an owner or lessee of a cold storage facility whose facility does not carry out primary processing or secondary processing;

(d) a person who exclusively produces bait;

(e) a person who exclusively carries out depuration activities;

(f) a broker of processed product who does not carry out primary processing or secondary processing;

(g) an owner or lessee of a retail business who carries out primary processing or secondary processing at his or her retail business and sells the fish at the retail business or by home delivery to the final consumer; and

(h) an owner or lessee of a restaurant who carries out primary processing or secondary processing at his or her restaurant and sells the fish at the restaurant or by home delivery to the final consumer.

3(3)A not-for-profit organization that purchases fish on an occasional basis for raising funds or for a special event is exempt from the application of section 35 of the Act.

2The heading “Application for the amendment of a fish purchaser licence” preceding section 6 of the Regulation is repealed.

3Section 6 of the Regulation is repealed.

4Section 7 of the Regulation is amended

(a) by adding after subsection (4) the following:

7(4.1)The fee for the issuance or renewal of a fish buying licence is $100.

(b) by repealing subsection (5).

5Section 12 of the Regulation is amended

(a) by repealing subsection (4) and substituting the following:

12(4)If the Registrar refuses to issue or renew a fish buying licence or revokes a fish buying licence, the applicant shall not apply for a fish buying licence until one year after the date of the decision of the Registrar.

(b) by repealing subsection (5).

6Section 13 of the Regulation is repealed and the following is substituted:

13The Registrar may issue a live lobster holding facility licence to an owner or lessee of a live lobster holding facility that is capable of holding at least 4 500 kg of lobster.

7The Regulation is amended by adding after section 13 the following:

Terms and conditions of fish buying licence

13.1A fish buying licence is subject to the following terms and conditions:

(a) when storing or transporting fish at the wharf, the licensee shall use a structure, a vehicle with a closed box or a vehicle with an open box holding an insulated container with a tight-fitting cover, and the structure, closed box or insulated container shall

(i) be constructed of non-toxic and non-absorbent materials that are durable and permit the effective cleaning of all interior surfaces,

(ii) be clean, and

(iii) have a temperature-measuring device that is accurate and in good repair and is placed such that it measures the air temperature in the structure, closed box or insulated container;

(b) any container used to hold fish within the structure, closed box or insulated container referred to in paragraph (a) shall

(i) be constructed of non-toxic and non-absorbent materials that are durable and permit the effective cleaning of all interior surfaces,

(ii) be clean,

(iii) be constructed such that the fish in the container are not damaged by the weight of the fish above them or a container above them, and

(iv) allow for effective drainage of water, if it is a container used to hold molluscs, echinoderms or crustaceans;

(c) the licensee shall ensure that

(i) the air temperature where fish are kept is not less than 0 °C and not more than 4 °C,

(ii) fish are protected from conditions that allow

(A) the introduction of foreign matter,

(B) the introduction or multiplication of parasites or disease-causing microorganisms, or

(C) the introduction or production of toxins,

(iii) fish are protected from sun, rain, wind and other weather conditions, and

(iv) fish are not kept with odoriferous substances;

(d) the licensee shall carry a copy of his or her fish buying licence while purchasing fish at the wharf and shall ensure that a copy of the fish buying licence is present in any structure or vehicle he or she uses to store or transport fish at the wharf; and

(e) the licensee shall ensure that whenever he or she stores or transports fish at the wharf

(i) there is at least one person present who has completed a training program approved by the Minister under the Act and holds a training certificate,

(ii) that person is carrying a government-issued photo identification card, and

(iii) a copy of that person’s training certificate is present in the structure or vehicle used to store or transport fish.

8Subsection 26(4) of the Regulation is repealed and the following is substituted:

26(4)A holder of a fish buying licence shall keep complete and accurate records showing

(a) the name and business address of the fisher from whom fish were purchased,

(b) the name of the wharf or fishing area at which fish were purchased, or both,

(c) the date of the purchase,

(d) the species and amount of fish purchased,

(e) the date of the sale, and

(f) the species and amount of fish sold.

9Section 2 of Schedule A of the Regulation is amended

(a) by repealing paragraph (a);

(b) by repealing paragraph (b);

(c) in paragraph (l) by striking out the period at the end of the paragraph and substituting a semicolon;

(d) by adding after paragraph (l) the following:

(m) Public Health Act, chapter P-22.4, Acts of New Brunswick, 1998;

(n) Aquaculture Act, chapter 112, Revised Statutes of New Brunswick, 2011.

10Paragraph 13.1(e) of the General Regulation - Seafood Processing Act, as enacted by section 7 of this Regulation, comes into force on April 1, 2014.

2013-54 - Seafood Processing Act

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