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Regulation number	Title
2011, c.207	Poultry Health Protection Act

Under section 6 of the Poultry Health Protection Act, the Lieutenant-Governor makes the following Regulation:

2018-38

1This Regulation may be cited as the Hatchery Licensing and Hatchery Supply Flock Policy Regulation - Poultry Health Protection Act.

2In this Regulation

“Act” means the Poultry Health Protection Act;(Loi)

“Department” means the Department of Agriculture, Aquaculture and Fisheries; (ministère)

“hatcheryman” means any person who is licensed in accordance with this Regulation to operate a hatchery;(exploitant de couvoir)

“inspector” means an inspector appointed by the Minister under section 3 of the Act;(inspecteur)

“licence” means a licence issued by the Minister to operate a hatchery or act as an agent;(permis)

“permit” means a permit to operate a hatchery issued by the Minister of the Federal Department of Agriculture;(autorisation)

“Regional Director” means the officer of the Federal Department of Agriculture in charge of the administration of federal Regulations in New Brunswick;(surveillant régional)

“sexing” means the determination of the sex of chicks by physical or visual examination.(sexage)

2000, c.26, s.245; 2007, c.10, s.78; 2010, c.31, s.108; 2018-38

3No person shall operate a hatchery in the Province unless he is the holder of a valid and subsisting hatchery licence issued by the Minister in accordance with this Regulation.

4(1)An application for a hatchery licence or the renewal of a hatchery licence may be made to the Minister on the form provided by the Minister.

4(2)Where a licence has not previously been issued in respect of a hatchery, the applicant shall submit to the Minister plans and specifications of the hatchery showing:

(a) all room dimensions and the position of doors, windows, stairways and drains;

(b) the lighting, heating and ventilating systems;

(c) the location of hatchery equipment;

(d) a list of materials to be used on all floors, walls and ceilings; and

(e) the means of control of flies, rodents and other vermin.

5(1)The Minister may issue or renew a hatchery licence authorizing the holder

(a) to carry on a hatchery operation in the premises designated in the licence, and

(b) to sell chicks in the Province,

if

(c) he is satisfied that the hatchery meets with the requirements of and will be operated in accordance with this Regulation, or

(d) the applicant is the holder of a certificate of registration in force with respect to the hatchery which certificate has been issued under the Hatchery Regulations under the Livestock and Livestock Products Act, R.S.C. 1970, c. L-8.

5(2)A licence shall not be granted if the Minister is of the opinion that the hatchery, in respect of which the licence is applied for is not maintained and equipped in accordance with section 11 and cannot be operated in accordance with that section.

5(3)The Minister shall issue a separate hatchery licence and assign a licence number for each of the premises in which a hatchery is to be operated by the applicant.

5(4)A hatcheryman’s licence shall expire on the thirty-first day of December following the date of issue, if the licence has not been previously cancelled or suspended by the Minister for contravention of the Act and this Regulation.

Broker’s and Agent’s Licence

6No person shall carry on the business in the Province of an agent or broker unless he is the holder of a valid and subsisting licence issued by the Minister in accordance with this Regulation.

7An application for an agent’s or broker’s licence or the renewal of an agent’s or broker’s licence shall be made to the Minister on the form provided by the Minister.

8(1)The Minister may issue or renew an agent’s or broker’s licence authorizing the holder thereof to carry on business as an agent or broker.

8(2)An agent’s or broker’s licence shall expire on the thirty-first day of December following the date of issue, if the licence has not been previously suspended or cancelled by the Minister for contravention of the Act and this Regulation.

9No holder of a broker’s or agent’s licence may sell chicks in the Province unless

(a) they are hatched from breeders which have been approved in accordance with the Hatchery Supply Flock Policy under sections 33 to 44, or

(b) they originated from a hatchery which is satisfactory to the Minister.

Cancellation of Licences

10(1)The Minister may refuse to issue a licence for a period of one year from the date of expiry to any hatcheryman or agent or broker who has contravened the Act or this Regulation.

10(2)The Minister may suspend or cancel a licence of

(a) any hatcheryman who, in the operation of his hatchery, or

(b) any agent or broker who

has, in the opinion of the Minister, based upon reasonable grounds, contravened the Act or this Regulation or the Livestock and Livestock Products Act, R.S.C. 1970, c.L-8 or the hatchery regulations thereunder.

Hatchery Premises

11(1)A hatcheryman shall, in respect of a hatchery operated by him in accordance with his licence,

(a) permit the hatchery to be used only for the receiving, traying, incubating and hatching of eggs, the cleaning of equipment and the sexing, sorting and packing of chicks;

(b) permit only one species to be incubated or hatched in a hatchery room and shall hatch any species on separate days;

(c) maintain the hatchery in a sanitary condition;

(d) maintain the incubators in a sanitary condition so that the count of bacteria, coliform or mould therein does not constitute a hazard to the health of chicks;

(e) provide adequate space in the hatchery for the receiving, traying, incubating and hatching of eggs and for the cleaning of equipment, dry storage and the sexing, sorting and packing of chicks;

(f) provide at or near the hatchery adequate washing and toilet facilities for all persons employed in the hatchery;

(g) provide adequate ventilation and lighting in the hatchery;

(h) provide incubators in the hatchery that deliver the standard of heat, humidity and air circulation recommended by the manufacturer; and

(i) provide in the hatchery satisfactory means to control flies, rodents and other vermin.

11(2)The floors, walls and ceilings of every hatchery shall be of hard finish suitable for washing.

12No hatcheryman shall make a structural alteration to a hatchery in respect of which a licence has been issued without the prior approval in writing of the Regional Director.

Hatchery Operations

13A hatcheryman shall dispose of all infertile eggs, dead-in-shell embryos, egg shells and other debris from each hatch of eggs in such a manner that they will not become available for consumption by other poultry or humans.

14A hatcheryman shall ensure that every person employed by him in a room used for the receiving, traying, incubating or hatching of eggs, the cleaning of equipment or the sexing, sorting or packing of chicks is clothed in clean garments.

15A hatcheryman shall ensure that no activity is carried on in such proximity to his hatchery as to subject it to the danger of contamination from disease.

16A hatcheryman shall ensure that all chicks packed for shipment from his hatchery are vigorous and healthy.

17A hatcheryman shall ensure that all refuse containers are thoroughly cleaned after the hatch refuse is removed and that each container is equipped with a tight-fitting lid.

Brooding Operations

18No hatcheryman, with the exception of a hatcheryman operating a brooding operation at the time of the coming into force of this Regulation, shall permit a brooding operation to be carried on in a hatchery.

19A licensed agent or broker shall ensure that buildings, brooders and display equipment used by the agent or broker in the handling of chicks

(a) provide a minimum cubical air space of approximately three-quarters cubic foot for each chick;

(b) have adequate equipment to provide a complete change of air at least five times per hour in a manner that will ensure freedom from drafts;

(c) have floors, walls and ceilings made of washable materials having a hard finish;

(d) have adequate lighting;

(e) have a satisfactory means to control flies, rodents and other vermin;

(f) are kept in a clean and sanitary condition; and

(g) are thoroughly cleaned after the sale of each lot of chicks is completed.

Test Samples

20(1)When requested to do so by an inspector, a hatcheryman shall supply to the inspector samples relating to the hygenic operation of his hatchery for the purposes of laboratory testing.

20(2)When requested to do so by an inspector, a licensed agent or broker shall supply to the inspector, free of any charge, live poultry for the purpose of laboratory examinations.

Hatching Eggs and Chicks

21(1)No hatcheryman shall accept hatching eggs for incubation except

(a) those produced by a hatchery supply flock designated pursuant to section 33, or

(b) those originating from hatchery supply flocks that conform to the standards prescribed by paragraphs 36(a) and (b).

21(2)No hatcheryman shall accept chicks for distribution except

(a) from a hatchery that has a permit, or

(b) from a hatchery satisfactory to the Minister.

22No hatcheryman shall accept hatching eggs for incubation or incubate eggs unless

(a) the eggs are packed in material and containers that are clean and sanitary;

(b) the flock from which the eggs originated is clearly identified on the containers;

(c) the eggs are clean and sound in shell;

(d) the eggs are transported in vehicles that are maintained in a sanitary condition.

23(1)A hatcheryman shall, at the time of renewing his licence, provide

(a) a statement in writing showing all flockowners from which he routinely intends to purchase hatching eggs and the breeding status claimed for each flock,

(b) a statement in writing showing persons acting as agents and brokers at the time of renewing a licence; and

(c) evidence satisfactory to the Minister that if hatching eggs are secured from outside the Province, the flock from which the hatching eggs are secured meet the requirements prescribed by paragraph (b).

23(2)During a year of operation of a hatchery, a hatcheryman shall provide

(a) supplementary statements indicating names added or deleted from the statement referred to in subsection (1), and

(b) evidence satisfactory to the Minister that, if hatching eggs are secured from outside the Province, the flock from which the hatching eggs are secured have been tested in a manner as required by section 35.

Records and Reports

24(1)A hatcheryman shall keep available for inspection by an inspector a record respecting his operations during the previous term of a licence showing

(a) each lot of eggs that he purchased or accepted for incubation or shipped to another hatchery for hatching;

(b) each lot of eggs set in his hatchery and each lot of chicks hatched for each hatch;

(c) all purchases and sales of chicks;

(d) the disposition of unsold chicks; and

(e) the names of all persons involved and the number of eggs or chicks involved in each transaction and operation referred to in paragraphs (a) to (d) and the date of each transaction and operation.

24(2)Every licensed agent or broker shall keep available for inspection by an inspector a record respecting all purchases or shipments of chicks handled by the agent or broker in the Province during the term of a licence and during an immediately preceding year showing

(a) the name and address of the supplier of the chicks,

(b) the number, breed or strain and age of each lot of chicks purchased, and

(c) the date purchased.

24(3)A licensed agent or broker shall keep available for inspection by an inspector a record respecting all sales or shipments of chicks during the previous term of a licence showing

(a) the name and address of the buyer of the chicks,

(b) the number, the breed or strain and the age of each lot of chicks sold,

(c) the date sold,

(d) the origin of the chicks, and

(e) the disposition of unsold chicks.

25A hatcheryman shall report to the Regional Director, not later than Saturday of each week, on forms provided by the Regional Director, statistical information with respect to his production and marketing of chicks during that week.

26Within fifteen days of any change of his agents or brokers, a hatcheryman shall notify the Minister of the change and furnish the names and addresses of any new agents or brokers.

Packaging and Marking

27A hatcheryman or a licensed agent or broker shall cause all boxes used for the marketing of chicks

(a) to be clean and strong,

(b) to provide adequate ventilation for chicks,

(c) to have new chick box pads, and

(d) not to be reused unless the boxes are made of plastic.

28A hatcheryman, licensed agent or broker shall cause every box or other package used for the marketing of chicks to be clearly marked to state

(a) the number of chicks contained therein,

(b) the breed or strain of the chicks contained therein, and

(c) the name and address of the hatcheryman who operated the hatchery where the chicks were hatched or the licence or permit number of the hatchery where the chicks contained in the box or other package were hatched,

unless the box or package is accompanied by an invoice or other document containing the information set out in paragraphs (a) to (c).

Reporting

29(1)In the event of an outbreak or suspected outbreak of any contagious disease, a hatcheryman who operates the hatchery where the outbreak occurs shall immediately report such outbreak to the Minister.

29(2)In this section, “contagious disease” means contagious disease as prescribed by Regulation 134 under the Act.

Seizure and Detention

30(1)An inspector who seizes chicks or hatching eggs that have been produced, packed, shipped or transported in violation of this Regulation shall attach to the box containing the chicks or hatching eggs a tag upon which shall be clearly set forth

(a) the words “Under Detention - Department of Agriculture, Aquaculture and Fisheries - En rétention - Ministère de l’Agriculture, de l’Aquaculture and des Pêches”,

(b) a brief description of the contents of the container,

(c) the reason for seizure,

(d) the date, and

(e) the inspector’s signature.

30(2)The inspector shall forthwith after attaching a detention tag

(a) deliver or mail to the owner of the chicks or hatching eggs or his duly authorized representative a notice in the prescribed form; and

(b) where such chicks or hatching eggs are in premises other than those of the owner, deliver or mail a copy of the notice to the person on whose premises the chicks or hatching eggs are found.

30(3)The inspector shall designate in the notice the provisions to be made for the removal, disposal or other handling of the chicks or hatching eggs.

30(4)Boxes in a lot of chicks or hatching eggs, one of which bears a detention tag, shall only be removed or handled in compliance with the notice.

30(5)Except under the authority of an inspector, a person other than an inspector shall not remove detention tags from any box.

2000, c.26, s.245; 2007, c.10, s.78; 2010, c.31, s.108

31(1)Chicks or hatching eggs seized by an inspector shall not be released until

(a) an inspector is satisfied that the provisions of the Act and this Regulation have been complied with; or

(b) the owner agrees to dispose of the chicks or hatching eggs in a manner satisfactory to the Minister.

31(2)Where an inspector releases chicks or hatching eggs he shall forthwith issue a notice in the prescribed form and shall deliver or mail one copy of the notice to the owner or his duly appointed representative and one copy to the person in possession of the chicks or hatching eggs.

32An inspector may require chicks or hatching eggs which have been seized or detained to be returned, at the expense of the owner thereof, to the place from which they were moved.

Hatchery Supply Flock Policy

General

33For the purpose of ensuring that poultry flocks serve as a reliable source of breeding stock and hatching eggs, the Minister may designate as a hatchery supply flock a flock that conforms to the standards and is managed as set forth under sections 34 to 44.

Application

34(1)A flockowner may apply to the Minister on a form provided for this purpose for the designation of a flock as a hatchery supply flock.

34(2)Applications shall be made at least one month prior to the placement of day-old breeders.

34(3)The flockowner shall name all breeds, named strains or strain crosses on the application form and state the name and address of each company supplying breeders to the flockowner.

35A hatchery supply flock and all other poultry that has not originated from approved hatchery supply flock shall not be designated as a hatchery supply flock until the flock has been tested for salmonella pullorum-typhoid, mycoplasma gallisepticum and mycoplasma synoviae in a manner and by use of antigen acceptable to the Minister.

Qualification

36A flock is eligible to qualify as a hatchery supply flock where

(a) the premises and equipment of the flockowner are maintained in a clean and sanitary condition satisfactory to an inspector,

(b) there is no evidence of salmonella pullorum-typhoid, mycoplasma gallisepticum or mycoplasma synoviae as confirmed by laboratory testing in accordance with sections 35 and 38, and

(c) the flockowner maintains the prescribed records and reports.

Testing

37The Minister may require a flockowner to submit birds from a hatchery supply flock for laboratory testing.

38(1)If the Minister considers it to be in the best interests of the industry, he may require the vaccination of hatchery supply flocks for any disease which he specifies.

38(2)The testing or vaccination for purposes of section 37 or subsection (1) shall be conducted in a manner and with antigens or vaccines approved by the Minister.

39A flock which has any positive pullorum-typhoid reaction mycoplasm gallisepticum, or mycoplasma synoviae in a test carried out in accordance with subsection 38(2), which is confirmed by laboratory examination, shall not qualify as a hatchery supply flock.

Fees

40Pullorum-typhoid, mycoplasma, or other testing or vaccination fees may be established by the Minister.

41A hatchery supply flockowner shall

(a) maintain a lifetime record of mortality for the flock,

(b) where the mortality rate exceeds three per cent during the first two weeks of the flock’s life submit a minimum sample of subsequent mortality of twenty chicks to the Provincial Veterinary Laboratory (Fredericton) for testing, and

(c) maintain a record showing the vaccination and medication program of the flock.

Reporting

42A hatchery supply flockowner

(a) shall report any outbreak of any disease in his flock to an inspector immediately; and

(b) shall inform an inspector, on arrival, of any suspected disease condition in the flock.

43Where a flockowner has not complied with the provisions set forth under this Policy, the Minister

(a) may cancel the designation of that flock; and

(b) may deny the flockowner the privileges of the policy for a period of two years.

44The Department and its representatives shall not be financially responsible to a flockowner for any loss which occurs during the progress of any testing or after the completion of any testing.

General

45The Minister may prescribe forms for the purposes of this Regulation.

46Regulation 69-42 under the Natural Products Grades Act is repealed.

N.B. This Regulation is consolidated to May 15, 2018.

82-97 - Hatchery Licensing and Hatchery Supply Flock Policy

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