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Under section 2 of the Natural Products Grades Act, the Lieutenant-Governor in Council makes the following Regulation:

1This Regulation may be cited as the Dressed Poultry and Eviscerated Poultry Regulation - Natural Products Grades Act.

2In this Regulation

“Act” means the Natural Products Grades Act;(Loi)

“Canada Agricultural Products Standards Act” means the Canada Agricultural Products Standards Act, chapter A-7 of the Revised Statutes of Canada, 1985;(Loi sur les normes des produits agricoles du Canada)

“Canada Canner” means the grade Canada Canner provided for under section 13 of the Processed Poultry Regulations;(Canada Conserve)

“consumer” means a person who buys dressed or eviscerated poultry for domestic use and not for resale;(consommateur)

“dress” means to remove the blood and feathers from poultry after slaughter;(habiller)

“eviscerate” means to remove from a dressed bird the respiratory, digestive, reproductive and urinary systems, the head, the legs at the hock joint and the oil sac;(éviscérer)

“grade” means to mark poultry with a grade designation in accordance with subsection 4(1);(classer)

“poultry” means a chicken, chicken capon, rock cornish hen, stewing hen, pot roasting hen, old rooster, turkey, duck or goose;(volaille)

“poultry station” means a poultry station registered in accordance with the Processed Poultry Regulations;(poste de volaille)

“Processed Poultry Regulations” means the Processed Poultry Regulations under the Canada Agricultural Products Standards Act, registered as SOR/78- 169;(Règlement sur la volaille transformée)

“producer” means a person who ships, transports, sells or offers for sale poultry that is raised on a farm owned or operated by that person;(producteur)

“retailer” means a person, other than a producer, who sells or offers for sale dressed or eviscerated poultry to a consumer;(détaillant)

“wholesaler” means a person, other than a producer or retailer, who sells, holds in possession for sale or offers for sale dressed or eviscerated poultry to(grossiste)

(a) a retailer,

(b) a person for use as food or in the preparation of food, or

(c) an operator of a poultry station.

ADMINISTRATION

3Subject to section 4, all grades, grade names, grade requirements, terms and conditions of grading and procedures for grading, processing, packing, marking, inspection and certification respecting dressed or eviscerated poultry within the Province shall conform to sections 3 to 13 and 17 to 26 of the Processed Poultry Regulations.

4(1)Subject to subsections (2) and (3), dressed or eviscerated poultry sold, offered for sale, advertised for sale, held in possession for sale or held on a premises after sale shall be marked with the appropriate grade name in accordance with the Processed Poultry Regulations.

4(2)A producer may sell, offer for sale, advertise for sale or hold in possession for sale to a consumer, dressed or eviscerated poultry that is not marked in accordance with subsection (1) if the poultry is

(a) raised on a farm owned or operated by the producer, and

(b) is not sold or to be sold to the consumer in or by way of a retail store.

4(3)Subsection (1) does not apply to dressed or eviscerated poultry that is marked with the grade designation of a foreign country if the grade designation meets or exceeds the requirements for the equivalent grade designation provided for in the Processed Poultry Regulations.

5No person who operates a poultry station shall sell or offer for sale dressed or eviscerated poultry that is graded as Canada Canner unless the poultry is being sent or conveyed to an establishment registered under the Meat Inspection Act, chapter 17 of the Statutes of Canada, 1985 or to a poultry station registered under the Processed Poultry Regulations.

ADVERTISING

6No person shall publish or cause to be published an untrue, deceptive or misleading advertisement or statement respecting dressed or eviscerated poultry that is offered for sale or held in possession for sale or distribution.

7An advertisement respecting dressed or eviscerated poultry shall display the grade name and any other information required under this Regulation in clear, legible letters that are at least six millimetres in height.

8An advertisement respecting dressed or eviscerated poultry shall indicate, in letters of at least equal size and prominence to those indicating the grade name,

(a) the kind of poultry,

(b) whether the poultry is dressed or eviscerated, and

(c) where the poultry is turkey, duck or goose, whether it is young or mature.

9For the purposes of this Regulation, all poultry on the premises of a retailer or wholesaler shall be deemed to be offered for sale.

SEIZURE AND DETENTION

10(1)An inspector who believes, on reasonable grounds, that an offence against the Act or this Regulation has been committed in respect of any dressed or eviscerated poultry, may seize and detain the poultry by attaching to at least one package of the lot a detention tag upon which shall be clearly written the following:

(a) the words “seized and detained by the Department of Agriculture, Aquaculture and Fisheries - Province of New Brunswick”;

(b) a detention number given by the inspector;

(c) a brief description of the lot;

(d) the reason for seizure and detention;

(e) the date of seizure and detention; and

(f) the inspector’s signature.

10(2)If poultry that is seized and detained is not in packages, the inspector

(a) may require the owner or the person having possession of the poultry to place it in suitable packages, and

(b) shall attach to the lot a detention tag in accordance with subsection (1).

10(3)No person shall alter or remove a detention tag attached to poultry by an inspector under this section unless authorized to do so by the inspector.

96-36; 2000, c.26, s.222; 2007, c.10, s.65; 2010, c.31, s.94

11An inspector may make such orders and give such directions as appear necessary for the proper preservation and safeguarding of poultry seized and detained under section 10 and every person to whom the order is made or direction given shall comply with its terms.

12No person shall remove, sell or otherwise dispose of poultry seized and detained under section 10 unless that person has the written permission of an inspector.

13Where the Minister is satisfied that the owner of poultry that is seized and detained under section 10 is complying with the Act and this Regulation respecting the poultry, an inspector

(a) may release the whole or any part of the poultry to the owner or to the person who had possession of the poultry when it was seized and detained, and

(b) shall complete a notice of release on a form provided by the Minister and shall mail a copy or deliver a copy in person to the owner of the poultry or to the person who had possession of the poultry when it was seized and detained.

14(1)The whole or any part of poultry seized and detained under section 10 may be forfeited to the Crown in right of the Province if the owner of the poultry is convicted of an offence under the Act or this Regulation respecting the poultry.

14(2)Poultry forfeited under subsection (1) shall be disposed of in the manner directed by the Minister and any net proceeds derived from such disposal shall be paid into the Consolidated Fund.

2009-131

15New Brunswick Regulation 83-177 under the Natural Products Grades Act is repealed.

N.B. This Regulation is consolidated to December 17, 2010.

88-265 - Dressed Poultry and Eviscerated Poultry

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