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Vol. 137, No. 43 — October 25, 2003 Regulations Amending the Health of Animals RegulationsStatutory Authority Health of Animals Act Sponsoring Agency Canadian Food Inspection Agency REGULATORY IMPACT Description The purposes of the Health of Animals Act and Regulations are to prevent the introduction of animal diseases into Canada, to control and eliminate diseases in animals that either affect human health or could significantly affect the Canadian economy, and to provide for the humane treatment of animals during transport. The Canadian Cattle Identification (ID) program was introduced on January 1, 2001, and was designed to help the Canadian Food Inspection Agency (CFIA) trace and eliminate any sources of disease and food safety problems which could threaten public health, animal health and consumer confidence. This traceback program is essential to provide industry and Government with the capability to respond immediately to a disease or food safety problem for purposes of rapid containment and elimination. This amendment to the Regulations would, using the principles of the cattle ID program, create a sheep identification program. As the ID program infrastructure is already in place for cattle, the Canadian Sheep Federation (CSF) has signed a memorandum of understanding with the Canadian Cattle Identification Agency (CCIA) in order for the CCIA to also be the administrator of the sheep identification program. This amendment will require that every sheep be identified with an official tag before leaving the herd of origin or comingling with sheep of other owners. The producer of the herd of origin is responsible for buying the official tag, applying it to the animal prior to departure from the herd, and maintaining records with respect to breeding sheep arriving at the farm or in the case of sheep 18 months of age or older leaving the farm or ranch, other than those being shipped to a federally or provincially registered abattoir for immediate slaughter. Approved official ID tags will be available to producers from approved manufacturers directly or through authorized service centres and distributors. The service centres and distributors will be responsible for reporting to the CCIA the numbers of tags purchased by producers. No time frame for tagging is established as long as the animal does not leave the herd of origin. It also prohibits the reception of non-tagged sheep except for cases in which the official ID tag was lost during transportation. In this case, the new owner would be responsible for supplying a new tag and for keeping a record of the original tag number, if known, or sufficient information on the source of the animal in the event of a traceback investigation. In the case of an animal that loses its official identification during transportation to the abattoir, the animal would not have to be re-identified provided it is slaughtered immediately. The removal or transfer of an official tag from one animal to another and the manufacture and marketing of fraudulent tags are prohibited. The issues of scrapie and foot and mouth disease (FMD) as well as ongoing food safety concerns have resulted in the sheep industry undertaking country-wide consultation to reach a consensus on the need for, and instruments appropriate to, mandatory ID for sheep. In addition, the adoption of mandatory federally funded sheep identification in a recent USDA Scrapie Eradication Uniform Methods and Rules policy implemented in 2001 has brought additional pressure on the Canadian sheep industry. In late 2001 and early 2002, the CSF wrote to the Minister of Agriculture and met with CFIA officials to convey the message that they desire regulatory changes that prescribe mandatory identification for sheep in Canada as soon as possible. While mandatory identification for sheep would not change the probability of an outbreak of an animal disease occurring in Canada, it would improve the efficiency and effectiveness of the management of the outbreak. Accurate tracing of animals to their premises of origin greatly improves the comprehension and mapping of the epidemiology of the disease outbreak, and thus the control actions can be targeted more effectively. Implementation of a national sheep ID program will present to the international community, as well as to national and provincial groups, evidence that Canadian standards for integrity of records, security of health protocols and reliability of performance data are protected by the national ID system. A national ID program will create an atmosphere of consumer confidence in the ability of the sheep industry to operate with food safety as a primary focal point and facilitate on-farm food safety programs. Should a food safety problem be identified in an ovine animal or carcass, mandatory identification would facilitate fast, accurate traceback and control of the problem enabling the Government to demonstrate that it has appropriate mechanisms in place to react and contain such problems. Consumer confidence in the integrity of the Government and industry response to food safety issues will therefore be maintained. Integration with the national sheep ID program is required for all provinces and territories of Canada. The Ministère de l'Agriculture, des Pêcheries et de l'Alimentation du Québec (MAPAQ) is introducing regulations to implement gate-to-plate traceability for agricultural products. It is expected that MAPAQ will also introduce regulatory requirements for sheep identification which will be harmonized with federal requirements. Agri-Traçabilité Québec is the non-profit organization established in Quebec to administer the traceability program for the livestock sectors and ultimately for other agricultural products. Alternatives 1. Status Quo — Do not amend the current Health of Animals Regulations. The absence of an identification program is no longer an acceptable option to industry, to the Canadian government and to several international governments. A national ID system increases the efficiency and effectiveness of traceback activities and would help ensure the containment and elimination of potentially devastating diseases and major food safety issues. Without a sheep ID program, the Canadian sheep industry is vulnerable to trade actions from other countries in the face of a disease outbreak. Further, a continued threat would exist to other Canadian livestock sectors such as that experienced recently in the United Kingdom (UK) where the sheep population contributed to the spread of the FMD epidemic to the cattle population. 2. Voluntary identification program Experience in Canada and elsewhere shows that voluntary implementation is not effective for disease surveillance and control purposes. To upgrade the existing scrapie control program to a comprehensive eradication program, mandatory identification is a necessity. Although identification needs to be mandatory, important elements such as official tags, record-keeping and the database requirements can be adjusted to meet the needs of industry and government for an effective program while minimizing the costs to producers. 3. Mandatory sheep ID program (preferred option) This is the preferred option as it allows for effective containment and eradication of diseases, protects Canada's livestock trading status and is likely to contribute to consumer confidence in the food safety system. Benefits and Costs The Canadian Sheep Federation has designed the national ID program to be affordable, simple, practical and reliable. As the national ID program infrastructure already exists for cattle, the CSF proposes to subcontract the database management and tracking to the CCIA. By maintaining the national ID database, the CCIA can ensure the standardization and harmonization of the sheep ID program and optimize the coordination of resources required to run both programs while maintaining data security and confidentiality. The costs of the database management and the identification tags will be borne directly by industry. A charge for this infrastructure will be built into the cost of the identification tags. In the long term, Canadian producers can benefit from volumes and cost efficiencies generated from cattle and bison and any other industry that adopts the CCIA system. Identification cost for sheep using an approved national metal tag will depend on many factors, but it is estimated that the cost will be approximately $0.20 to $0.38 per animal. This cost is made up of $0.11 to $0.29 charge for the tag, $0.05 administration fee for CCIA services (number assignation, input of data of purchasing producer into database, database management) and $0.04 administration fee for the CSF. The CSF also intends to make available a more expensive bar code tag as well as an electronic tag for those producers or regions interested in more advanced tagging technology. Introducing a national ID program for sheep will allow the Government to react quickly in the case of an animal health or food safety issue and avoid such outbreaks and their associated costs. The recent occurrence of FMD in the UK was a national epidemic, predominantly in sheep. At the time of the outbreak, the UK had no mandatory requirements for identification of sheep. Inability to track specific sheep to specific premises of origin hindered efforts to control the spread of the disease. In the process of eliminating this disease, over four million animals were culled for disease control purposes. In excess of two million animals were further slaughtered for welfare reasons. The main costs fell to the taxpayer and to the rural economy. Total costs to the Exchequer of the outbreak were £2.7 billion. The total costs to farming, rural industry and tourism amounted to the equivalent of 0.2 percent of the Gross Domestic Product. A recent study prepared for the Canadian Animal Health Coalition showed the impact of a FMD outbreak in Canada to range from a low of $13.7 billion, assuming optimistic conditions under a small-scale outbreak, to $45.9 billion for a large-scale outbreak. Mandatory identification of sheep is a necessity in order to upgrade the existing scrapie domestic control program to a comprehensive eradication program. Implementation of active surveillance is essential in order to pursue eradication of scrapie. In order to effect eradication, it must be possible to trace back to a premise of origin when a sampled animal tests positive for the disease. It is estimated that the annual cost of scrapie to US producers is $20 to $25 million US. This figure does not include the lost export opportunities to two key competing countries, Australia and New Zealand, the only countries considered to be free from scrapie. The Canadian sheep industry is approximately one tenth the size of the American industry. The incidence of scrapie in both national flocks is believed to be similar. In 2001, disease control actions pertaining to scrapie in Canada required the destruction of 7 672 sheep with $2.5 million paid in compensation. Effective eradication of scrapie from Canada would also enable the renderers to begin accepting sheep dead stock and sheep offal once again. This would be a more environmentally acceptable method of disposing of carcasses and offal than current on-farm practices. The costs of implementing the sheep ID program to the CFIA would be primarily limited to compliance and enforcement of this program and are estimated at approximately $576,000. Introduction of the sheep ID program may result in a reduction in the number of animals required to be slaughtered and disposed of in any given disease control activity or program. As sheep that are destroyed as part of a disease control activity are frequently buried, a reduction in the number of animals required to be destroyed would have a positive impact on the environment. In addition to disease control, a national ID program for sheep could satisfy the requirements of the Animal Pedigree Act in its obligation to protect both the buyer and seller of purebred animals. Implementation of the sheep ID program will demonstrate to the international community, as well as national and provincial groups, that Canadian standards for integrity of records, security of health protocols and reliability of performance data are enhanced by the national ID system. A national ID program will create an atmosphere of consumer confidence in the ability of the sheep industry to operate with food safety as a primary focal point and it will also facilitate on-farm food safety programs. Consultation Mandatory identification of sheep in Canada is an industry-led initiative. The CSF conducted extensive cross-Canada consultations over the summer and fall of 2000 in order to determine the producer acceptance of a national ID system for sheep. At the following Annual General Meeting, the membership voted unanimously to develop and implement an ID system based on the concept of flock of origin. The membership also requested that the proper investigation be undertaken to ensure that the proposed system be "affordable, flexible and effective" in meeting the needs of the Canadian sheep industry. The CSF undertook an investigation of the economic assumptions of the flock of origin identification system and, as a result, presented alternate recommendations to the 2001 Annual General Meeting. At that meeting, the resolution was passed that the CSF proceed to implement a mandatory national ID system (while recognizing Quebec's compatible but enhanced, identification and traceability system) administered by CSF with the database maintenance contracted to the CCIA. The CSF undertook further consultations with producers, tag manufacturers, Agriculture and Agri-Food Canada (AAFC), the CFIA, the CCIA and other stakeholders during 2001. This process resulted in the industry reaching a consensus on an ID program that the industry is capable of and willing to implement. At the 2002 Annual General Meeting, the CSF adopted a resolution requiring that producers keep a record of all animals 18 months or older leaving the flock other than for those being shipped to a federally or provincially registered abattoir for immediate slaughter, or of any animal entering the flock for breeding purposes. No records would be required for market lambs leaving the flock and abattoirs would not be required to report to the national database the tag numbers on slaughtered sheep. Similar to cattle abattoirs, abattoirs slaughtering identified sheep would be required to maintain the identification of the live animal through to the completion of the carcass meat inspection process. Through the venue of the annual meetings of the Canadian Animal Health and Consultative Committee, the provinces and territories have been advised of this proposed regulation and have not expressed any concerns. Health Canada is aware of the national ID program and the proposed addition of sheep. The program is supportive of Health Canada's mandate. Compliance and Enforcement The proposed effective date for the sheep ID program is January 1, 2004. Compliance with the new sheep ID program would be mandatory on that date. The CFIA and the CSF believe that information and education are very effective tools in securing conformity with the law. Accordingly, the CSF is currently in the process of diffusing information to producers on this regulatory initiative. Compliance with the sheep ID regulations will be assessed through the same avenues as the current cattle ID regulations. The CFIA enforcement and compliance policy was developed in 1999 and outlines various enforcement options available under the legislation administered and enforced by the CFIA. CFIA staff throughout Canada whose duties include enforcement of the cattle ID provisions under the Health of Animals Act are expected to be in a position to similarly enforce the sheep identification requirements. An amendment to the Agriculture and Agri-Food Administrative Monetary Penalties Regulations (AMP's) to include penalties for non-compliance with the sheep ID program will follow in an upcoming regulatory amendment package. Similar to enforcement of the cattle ID program, the objective of the enforcement strategy will be full compliance. Where non-compliance persists in the cattle program, the CFIA has the authority to issue administrative monetary penalties. The monetary penalty for the majority of cattle ID violations is $500 per violation, or $250 if paid within 15 days. A similar strategy is proposed for persistent non-compliance with the sheep ID program. Prosecution also remains an option and the CFIA reserves the right — for example, in the case of a violation that poses a significant risk to the health and safety of livestock or the public, or in the case of flagrant non-compliance which challenges the credibility of the program — to proceed with a prosecution under the Health of Animals Act. Richard Robinson, Chief, Livestock Identification and Legislation, Foods of Animal Origin Division, Canadian Food Inspection Agency, 59 Camelot Drive, Ottawa, Ontario K1A 0Y9, (613) 221-7002 (Telephone), (613) 221-7296 (Facsimile), rrobinson@ inspection.gc.ca (Electronic mail). Notice is hereby given that the Governor in Council, pursuant to subsection 64(1) (see footnote a) of the Health of Animals Act (see footnote b), proposes to make the annexed Regulations Amending the Health of Animals Regulations. Any interested persons may make representations with respect to the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice and, be addressed to Mr. Richard Robinson, Food of Animal Origin Division, Canadian Food Inspection Agency, 59 Camelot Drive, Ottawa, Ontario K1A 0Y9. Tel: (613) 221-7002; Fax: (613) 221-7296. Ottawa, October 23, 2003
EILEEN BOYD
REGULATIONS AMENDING THE HEALTH OF ANIMALS REGULATIONS AMENDMENTS 1. (1) The definitions "animal" and "farm or ranch" in section 172 of the Health of Animals (see footnote 1) Regulations are replaced by the following: "animal" means a bison, a bovine and an ovine. (animal) "farm or ranch" includes a feed lot, a breeding herd, an artificial insemination unit or any other place where an animal has been since leaving its farm of origin. (ferme ou ranch) (2) Section 172 of the Regulations is amended by adding the following in alphabetical order: "bison" means an animal, other than an embryo or a fertilized egg, of the subspecies Bison bison bison, Bison bison athabascae or Bison bison bonasus. (bison) "bovine" means an animal, other than an embryo or a fertilized egg, of the species Bos taurus or Bos indicus. (bovin) "ovine" means an animal, other than an embryo or a fertilized egg, of the genus Ovis. (ovin) 2. Section 175 of the Regulations is amended by adding the following after subsection (1): (1.1) Every person who applies, or causes the application of, an approved tag to an animal, or the carcass of an animal, shall ensure that the tag is for the species of that animal and is applied to the animal, or the carcass, for which the tag was issued under subsection 174(1). 3. The Regulations are amended by adding the following after section 175: Record-Keeping Requirement 175.1 (1) Subject to subsection (2), every operator of a farm of origin, or of a farm or ranch other than the farm of origin, who removes, or causes the removal of, an ovine 18 months of age or older from the farm of origin or from the farm or ranch other than the farm of origin shall keep a record of (a) the identification number on the approved tag that is applied to the ovine; (b) the date of removal; (c) the reason for removal; and (d) the name and address of the owner or person having the possession, care or control of the ovine at the destination to which it is removed. (2) Subsection (1) does not apply to an ovine transported directly for slaughter to an establishment registered under the Meat Inspection Act or under an Act of the legislature of a province that provides for the inspection of ovine carcasses. (3) Every operator of a farm of origin, or of a farm or ranch other than the farm of origin, who receives, or causes the reception of, an ovine for breeding purposes, shall keep a record of (a) the identification number on the approved tag that is applied to the ovine; (b) the date of reception; and (c) the name and address of the owner or person who had the possession, care or control of the ovine at the farm or ranch from which it was removed. (4) Every person who is required to keep a record under to this section shall keep the record for a period of at least five years. 4. Section 176 of the Regulations is replaced by the following: 176. Subject to section 183, no person shall remove, or cause the removal of, an animal from its farm of origin or from a farm or ranch other than its farm of origin unless the animal bears an approved tag issued under subsection 174(1) for the farm or ranch where the approved tag was applied to the animal. 5. The heading before section 183 of the Regulations is replaced by the following: Tagging Site, Community Pasture, Exhibition 6. (1) The portion of subsection 183(1) of the Regulations before paragraph (a) is replaced by the following: 183. (1) Subject to subsection (5), a bison or a bovine may be moved from its farm of origin, without having an approved tag applied to it, to a site for the purpose of having an approved tag applied to the animal at that site if (2) Paragraphs 183(1)(b) to (d) of the Regulations are replaced by the following: (b) the operator of the farm of origin supplies the bison or bovine along with the approved tag issued to that operator under subsection 174(1); (c) the bison or bovine is not mixed with any other person's animals that do not bear approved tags; (d) the approved tag referred to in paragraph (b) is applied to the bison or bovine immediately after it is received at the site; and (3) The portion of paragraph 183(1)(e) of the Regulations before subparagraph (i) is replaced by the following: (e) the person who manages the site keeps records, and makes them available to the administrator on request, of enough information about the origin of the bison or bovines received there to enable their origin to be traced, including (4) Subsection 183(2) of the Regulations is replaced by the following: (2) Subject to subsection (6), a bison or a bovine may be moved from its farm of origin, without having an approved tag applied to it, to a community pasture, exhibition site or veterinary clinic if (a) the person who manages the community pasture, exhibition site or veterinary clinic has previously provided the administrator with a statement containing the name and address of the community pasture, exhibition site or veterinary clinic and an undertaking that the person will comply with the requirements of paragraph (b); (b) the person who manages the community pasture, exhibition site or veterinary clinic keeps records, and makes them available to the administrator on request, of enough information about the origin of the bison or bovines received there to enable their origin to be traced, including
(ii) the dates when the animals are brought to the community pasture, exhibition site or veterinary clinic, (iii) the dates when the animals are removed from the community pasture, exhibition site or veterinary clinic, (iv) the names and addresses of the owners or persons having the possession, care or control of the animals when they are removed from the community pasture, exhibition site or veterinary clinic, and (v) the numbers of any approved tags that are applied to the animals at the community pasture, exhibition site or veterinary clinic and the dates when the approved tags are applied to the animals; and (c) the bison or bovine is returned to its farm of origin at the end of the grazing season, exhibition or veterinary evaluation, as the case may be, or an approved tag for the animal's farm of origin is applied to the animal before it is removed from the community pasture, exhibition site or veterinary clinic. (5) Subsections 183(5) and (6) of the Regulations are replaced by the following: (5) If a person fails to comply with subsection (3), the Minister may order the person not to receive any bison or bovines at the site referred to in subsection (1) for the purpose of applying approved tags to them at that site. (6) If a person fails to comply with subsection (4), the Minister may order the person not to receive any bison or bovines at a community pasture, exhibition site or veterinary clinic unless the animals have approved tags applied to them. (6) Subsection 183(10) of the Regulations is replaced by the following: (10) The Minister shall have the notice published in a newspaper of general circulation in the community where the site referred to in subsection (1) or the community pasture, exhibition site or veterinary clinic, as the case may be, is located. 7. Paragraph 184(3)(c) of the Regulations is replaced by the following: (c) in the case of a bison or a bovine, the person who operates the abattoir reports to the administrator, within 30 days after the animal is slaughtered, the information that the person is required by paragraph (b) to record in respect of the animal. 8. Paragraph 186(1)(b) of the Regulations is replaced by the following: (b) in the case of a bison or a bovine, shall report the death of the animal and the number of the approved tag to the administrator within 30 days after the death. 9. Paragraph 188(1)(b) of the Regulations is replaced by the following: (b) in the case of a bison or a bovine, shall ensure that the number of the animal's approved tag is reported to the administrator, along with the number of any tag applied to the animal in place of the approved tag, within 30 days after the exportation. 10. Paragraphs 189(2)(a) and (b) of the Regulations are replaced by the following: (a) if a bison is being imported, within 60 days after importation; (b) if a bovine is being imported, within 30 days after importation; or (c) if an ovine is being imported, within 7 days after importation. COMING INTO FORCE 11. These Regulations come into force on January 1, 2004. [43-1-o] S.C. 1993, c. 34, s. 76 S.C. 1990, c. 21 C.R.C., c. 296; SOR/91-525 |
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