Poultry Products Regulation

Poultry Products Regulation, M.R. 211/87 R The Livestock and Livestock Products Act , C.C.S.M. c. L170 Regulation 211/87 R Registered May 29, 1987 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Possession of poultry and poultry products 3-6 Repealed 7 Sale of poultry products 7.1 Sale of ungraded eggs 7.2 Sending or conveying ungraded eggs 7.3 Sending or conveying live poultry 7.4 Uninspected poultry 7.5 Hatching eggs 7.6 Graded poultry products 8 Repealed 9 Detention 10 Notice of detention 11 Orders 12 No alteration or removal of detention tags 13 No removal of poultry products with detention tags 14 Release from detention 15 Egg grading stations 16 Grading eggs 17 Records 18 Records retention 19 Rejects 20 No sale of rejected products 21 Repealed 22 General Definitions 1 In this regulation, "consumer" means a person who uses poultry products as food for himself and his household and not for resale; (« consommateur ») "container" means any case, box, carton or other receptacle in which eggs are packed; (« contenant ») "detention tag" means a tag affixed to a package or container of poultry products by an inspector pursuant to the Act or the regulations; (« étiquette de retenue ») "dressed poultry" means poultry from which blood and feathers have been removed but does not include eviscerated poultry; (« volailles préparées ») "egg" means an egg of a domestic hen but does not include a hatching egg; (« œuf ») "egg grading station" means an establishment where eggs are graded by a licence holder under the federal Act; (« poste de classement d'œufs ») "egg processing station" means an establishment where eggs are processed by a licence holder under the federal Act; (« poste de transformation d'œufs ») "eviscerated poultry" means poultry from which the head, the legs at the hock joints, the blood, the feathers, and all entrails and internal organs have been removed; (« volailles éviscérées ») "federal Act" means the Safe Food for Canadians Act ; (« loi fédérale ») "federal regulations" means the Safe Food for Canadians Regulations , SOR/2018-108; (« règlement fédéral ») "poultry" does not include any bird of a species that is usually considered or known as a game bird species or a wild bird species notwithstanding that the bird is, or has been raised, in captivity for sale as food; (« volaille ») "poultry products" means (a) eggs, (b) dressed poultry, (c) eviscerated poultry, or (d) frozen egg, liquid egg, or dried egg, including a mix; (« produits avicoles ») "poultry station" means an establishment where poultry is slaughtered, eviscerated, dressed, inspected, labelled, graded, packed or marked by a person licensed under the federal Act or another enactment; (« poste de volailles ») "processing" means (a) in respect of poultry, the grading, dressing, cleaning, eviscerating, packaging, freezing, canning, or preserving thereof, and (b) in respect of eggs, the grading, or packaging, or breaking of eggs and mixing the yolks and whites, or separating the yolks and whites, and drying them and adding ingredients thereto, or freezing, and includes the packaging of the net product; (« transformation ») "producer" means (a) in respect of poultry, a person who raises the live poultry, or who owns the live poultry for the purpose of bringing them from one stage of development to another, and (b) in respect of eggs a person who owns the hens that lay the eggs, but does not include a person who is the owner of the live poultry or hens under a document taken as security for a loan or a debt, if he is not in actual possession thereof; (« producteur ») "public market" means a place where more than two persons sell agricultural products that have been produced or raised by them; (« marché public ») "reject" means an egg that has been rejected upon grading because it does not meet the requirements of any grades established under the federal regulations; (« rejet ») "ungraded eggs" means eggs in containers which are not marked with a grade name as provided under the federal regulations. (« œufs non classés ») M.R. 37/2025 Possession of poultry and poultry products 2 All poultry and poultry products (a) on the business premises of a person who owns or operates a retail sales business or a wholesale distributing business; (b) in possession of the producer or vendor thereof in a public market; shall be conclusively deemed to be for sale, whether or not that person is the owner of those products. M.R. 37/2025 3 and 4 [Repealed] M.R. 37/2025 5 [Repealed] M.R. 86/92; 53/98; 37/2025 6 [Repealed] M.R. 37/2025 Sale of poultry products 7 Subject to sections 7.1 to 7.4, a person must not sell or offer for sale, have in their possession for sale or send or convey from one place to another a poultry product that has not been inspected or graded in accordance with the federal regulations or another enactment. M.R. 37/2025 Sale of ungraded eggs 7.1(1) A producer of eggs may sell ungraded eggs directly to consumers at a public market or on the premises on which the eggs were produced in accordance with this section. 7.1(2) When selling ungraded eggs, the producer must (a) sell only eggs produced on the producer's own premises that are clean, have no visible cracks and are not leaking; (b) package the eggs in clean cartons that are marked as "ungraded eggs" or "œufs non classés" in letters of a size and prominence that are easily readable and that are labelled with the producer's name and contact information and the date on which the eggs were packaged; and (c) keep the eggs at a temperature of 4°C or lower until the eggs are sold, including during transportation, display and storage. 7.1(3) The producer may provide for delivery of ungraded eggs that are sold in accordance with this section to the consumer at some future time. M.R. 37/2025 Sending or conveying ungraded eggs 7.2 For certainty, a producer of eggs or a person on behalf of the producer may send or convey ungraded eggs to an egg grading station or an egg processing station. M.R. 37/2025 Sending or conveying live poultry 7.3 A producer of poultry or a person on behalf of the producer may send or convey live poultry that has been produced by the producer to a poultry station. M.R. 37/2025 Uninspected poultry 7.4(1) A producer of poultry may sell poultry, including dressed or eviscerated poultry, that has not been inspected directly to a consumer if the poultry has been produced on the producer's premises and the sale is conducted on (a) the producer's premises; or (b) the producer's premises with provision for delivery to the consumer at some future time. 7.4(2) Each individual bird sold by the producer under subsection (1) must be clearly labelled with "Not Government Inspected" and the name and contact information of the producer. 7.4(3) Any advertisement or public notice concerning poultry to be sold under subsection (1) must clearly state, in letters of a size and prominence that are easily readable, that the poultry being offered for sale is "Not Government Inspected". M.R. 37/2025 Hatching eggs 7.5 A person may purchase ungraded eggs for the purpose of hatching the eggs to sell the live chicks. M.R. 37/2025 Graded poultry products 7.6(1) A person must not grade poultry products, mark poultry products as graded or indicate in any way that poultry products have been graded or are of a particular grade or class except in accordance with the federal regulations. 7.6(2) A person must not sell, offer for sale, send or convey from any place to any other place eggs marked "Canada C" except to an egg processing station or egg grading station. M.R. 37/2025 8 [Repealed] M.R. 37/2025 Detention 9(1) An inspector may place under detention any poultry products that do not comply with the Act or the regulations, or that do not meet the standards of the grade of which they are indicated to be by attaching to at least one package or container of the lot a numbered detention tag upon which is clearly written (a) the words "under detention – Department of Agriculture, Province of Manitoba"; (b) a number given by the inspector; (c) a brief description of the lot being detained; (d) the reason for the detention; (e) the date upon which the detention tag is attached; and (f) the signature of the inspector. 9(2) Where poultry products that are placed under detention under this section are not in packages or containers, the inspector may order the owner to place the poultry products in packages or containers of a type or kind satisfactory to the inspector; and the packages or containers shall be tagged or marked in accordance with subsection (1). Notice of detention 10 Immediately after placing any poultry products under detention, the inspector shall deliver or mail to the owner thereof, or to his agent, a notice of detention in Form 2 of the Schedule; and where the poultry products are in or on the premises of a person other than the owner of the poultry products, the inspector shall deliver or mail a copy of the notice of detention to the person on or in whose premises the poultry products are found. Orders 11 An inspector may make such orders, and give such directions, as to him appear necessary for the proper preservation and safeguarding of any poultry products placed under detention under section 9. No alteration or removal of detention tags 12 Except as authorized by an inspector, no person shall alter or remove a detention tag placed on a package or container of poultry products, or alter any marks made on packages or containers by an inspector. No removal of poultry products with detention tags 13 Except with the written permission of an inspector, no person shall remove, sell or otherwise dispose of any poultry products contained in a package or container on which a detention tag has been placed, or in a package or container marked by an inspector. Release from detention 14(1) Where an inspector is satisfied that poultry products that have been placed under detention that have been made to comply with the Act and the regulations, he shall release the poultry products from detention and complete a notice of release in the form prescribed by the minister. 14(2) The inspector shall deliver or mail one copy of the notice of release to the owner of the poultry products and one copy to the person on whose premises the poultry was found. Egg grading stations 15 Every person who ships or delivers ungraded eggs to an egg grading station shall clearly identify the eggs of each producer in such a way that they can easily be distinguished from the eggs of other producers in the shipment by (a) packing them in separate packages or containers; (b) placing each producer's eggs in a separate portion of a package or container or in separate fillers; or (c) packing and identifying them in some other manner set out in the federal regulations. M.R. 37/2025 Grading eggs 16 The eggs of each producer graded at an egg grading station must be graded in accordance with the federal regulations. M.R. 37/2025 Records 17 Each operator of an egg grading station must make and maintain accurate records with respect to each lot of eggs graded showing (a) the name of the operator; (b) the address of the egg grading station; (c) the number of the certificate of registration of the egg grading station issued under the federal Act; (d) the name and address of the producer of the eggs; (e) [repealed] M.R. 37/2025 ; (f) the date the eggs were received; (g) the date of final payment or settlement for the eggs; (h) the amount of any advance made on payment for the eggs and the date the advance was made; (i) the total number of eggs in the lot; (j) the number of eggs graded into each grade and the number of rejects; (k) the price to be paid for each grade of eggs and for the rejects if the rejects are purchased; (l) the total value of the eggs; and (m) the manner in which the rejects are disposed of. M.R. 37/2025 Records retention 18 Each operator of an egg grading station must retain records made or received by the operator in respect of any lot of eggs that have been graded, for a period of not less than 90 days from the day on which payment for a lot of eggs is made. M.R. 37/2025 Rejects 19 No person shall sell or offer for sale, or have in his possession for sale, any rejects or other inedible poultry products unless he has a valid subsisting licence under the federal Act to sell rejects or other inedible poultry products and such products are marked in accordance with the federal regulations. M.R. 37/2025 No sale of rejected products 20 No person shall purchase or sell or offer for sale, rejects or other inedible poultry products for use as food, or for use in the preparation of food, for human consumption. 21 [Repealed] M.R. 37/2025 General 22 Every person to whom an inspector gives any order or direction authorized under this regulation shall comply with the order or direction according to its terms. SCHEDULE Form 1 [Repealed] Form 2 Notice of detention – poultry products