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Acts and Regulations

83-105 - General

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NEW BRUNSWICK

REGULATION 83-105

under the

Diseases of Animals Act

(O.C. 83-532)

Filed July 4, 1983

Under section 11 of the Diseases of Animals Act, the Lieutenant-Governor in Council makes the following Regulation:

2018-38

Repealed: 2023, c.19, s.56

1This Regulation may be cited as the General Regulation - Diseases of Animals Act.

INSPECTION OF THE FLESH OF ANIMALS

2In this Part

“Act” means the Diseases of Animals Act;(loi)

“farmer” means a person whose principal occupation is farming;(cultivateur)

“meat product” means any product processed or derived in whole or in part from meat and intended to be used as food for human consumption;(produit de viande)

“slaughter” means slaughter for the purposes of processing meat into food for human consumption;(abattage)

“slaughter house” includes an abattoir, premises where animals are slaughtered and any portion of the premises in which meat products are produced, processed, handled or stored.(abattoir)

3This Part does not apply to any farmer who slaughters any animal on his own premises for his own use exclusively and not for sale to the public.

4Every slaughter house shall be maintained and operated in accordance with this Part and the regulations made under the Public Health Act

2017, c.42, s.80

5Every slaughter house shall be subject to inspection by an inspector.

6Every inspector shall carry with him a certificate of his appointment and upon request of the owner or occupier of the slaughter house shall produce the certificate.

7An animal shall be slaughtered by a method that produces rapid exsanguination.

8(1)Any carcass or portion of a carcass that has been condemned by an inspector as unfit for human consumption shall be stamped or marked in a manner satisfactory to the Minister.

8(2)Any carcass or portion of a carcass that has been condemned by an inspector shall be buried or disposed of in a manner recommended by the inspector.

9An inspector may take or cause to be taken specimens from animals or carcasses for testing purposes.

10No dead or dying animal shall be permitted entry into any slaughter house and the flesh of such animal shall not be used in any way for human consumption.

11Every person shall comply with any direction issued by an inspector under this Part.

12Where any provision of the Act or this Part or the regulations under the Public Health Act or any direction of an inspector is not complied with in a slaughter house, an inspector

(a) may refuse to

(i) provide inspection at the slaughter house,

(ii) stamp meat at the slaughter house with the inspection legend, or

(iii) label meat at the slaughter house, and

(b) shall immediately notify the Minister of Health and the Minister of his reason for refusing to provide inspection at the slaughter house, stamp meat at the slaughter house with the inspection legend or label meat at the slaughter house.

2000, c.26, s.92; 2006, c.16, s.53; 2017, c.42, s.80

13(1)An inspector may hold any equipment, utensil or room in a slaughter house which in his opinion does not comply with this Part or the regulations under the Public Health Act.

13(2)Where any equipment, utensil or room is held under subsection (1), the inspector shall attach thereto a tag bearing a serial number and the words “N.B. Held” and shall issue such directions as he considers necessary or advisable.

13(3)Where the equipment, utensil or room held under subsection (1) has been made to comply with this Part or the regulations under the Public Health Act, the inspector shall remove the tag attached pursuant to subsection (2).

13(4)Where any equipment, utensil or room is held under subsection (1), no person shall

(a) remove the tag attached pursuant to subsection (2), or

(b) use such equipment, utensil or room until the inspector has removed such tag.

2017, c.42, s.80

INSPECTION OF ANIMALS IN LIVESTOCK YARDS

14In this Part

“operator” means a person who holds a livestock yard sale;(exploitant)

“sale” includes the selling, offering for sale, bartering or trading of livestock by a livestock dealer.(vente)

2002, c.13, s.3

15Except as otherwise provided, no operator shall offer for sale at a livestock yard any animal infected with disease.

16At least twelve hours before any animal is received at a livestock yard for the purpose of a sale, every operator shall clean and disinfect the livestock yard in such manner as is prescribed by an inspector.

17When animals are assembled at a livestock yard of an operator, no animal that shows evidence of disease shall be stabled with other animals in the same area of the premises.

18(1)Subject to section 20, no operator shall carry on a livestock yard sale until an inspector has inspected

(a) the livestock yard, and

(b) the animals that are offered for sale.

18(2)An inspector may direct that animals at a livestock yard be held separate and apart from other animals for a reasonable period of time until the inspector has determined whether or not any of the animals is infected with disease.

19(1)Subject to section 20, an inspector shall, prior to any sale at a livestock yard,

(a) inspect the animals at the livestock yard to determine whether any animal is infected with disease, and

(b) notify the operator of his findings.

19(2)Where, pursuant to subsection (1), an inspector finds any animal is infected with disease, the inspector shall advise the operator and immediately arrange for the removal of such diseased animal to an isolation pen and

(a) order such diseased animal to be returned immediately to the premises of the contributor, or

(b) approve the sale of such diseased animal upon the following conditions:

(i) that, at the time of offering such animal for sale, the operator announce the disease with which such animal is infected; and

(ii) that such animal be sold for slaughter only.

20(1)If an inspector is unable to attend a livestock yard and inspect the animals prior to the commencement of a livestock yard sale, he shall notify the operator who may proceed with the sale after announcing prior thereto that the animals being sold have not been inspected.

20(2)If an inspector is unable to inspect every animal offered for sale prior to the commencement of a livestock yard sale, the sale may be held and the partial inspection is satisfactory for the purpose and intent of this Part.

21(1)An inspector shall identify all animals to be sold for slaughter only by applying an approved tag bearing the legend “For Slaughter Only - N.B. Department of Agriculture, Aquaculture and Fisheries”.

21(2)Animals identified for slaughter only shall not be offered for sale until all animals not so identified have been sold.

21(3)An inspector shall stamp on the bill of sale for every animal sold for slaughter only the words “For Slaughter Only - N.B. Department of Agriculture, Aquaculture and Fisheries”.

2000, c.26, s.92; 2007, c.10, s.26; 2010, c.31, s.31

22Where an inspector finds any animal infected with a disease reportable under the Animal Disease and Protection Act, chapter A-13 of the Revised Statutes of Canada, 1970, he shall immediately notify the closest subdistrict veterinarian appointed under that Act and shall take precautions to prevent the spread of the disease.

III

GENERAL

23Where any matter, for which this Regulation makes no provision, arises in the course of an inspection, the inspector shall deal with the matter and shall issue such directions as he considers necessary or advisable.

24Regulation 76-52 under the Diseases of Animals Act is repealed.

N.B. This Regulation is consolidated to September 1, 2024.