DISPOSAL OF DEADSTOCK Regulation 105/09
Application and Scope
Regulation 105/09 under the Food Safety and Quality Act, 2001 governs the disposal of deadstock in the possession of a custodian and the disposal of any dead animal collected by a collector or received by a disposal facility.
Regulation 105/09 generally applies to specified farmed food animals that are dead, were not slaughtered for food and are not disposed of under any other legislation. Deadstock animals are alpacas, bison, cattle, deer, elk, goats, llamas, sheep, yaks, horses, ponies, donkeys, pigs and other porcine animals and ratites. The carcasses of poultry and rabbits also are included as deadstock if the custodian at the time of their death had more than 300 rabbits, or 50 turkeys or 300 poultry other than turkeys, whether dead or alive. Hybrids of any of these animals are also deadstock.
Regulation 105/09 defines a custodian as any person having responsibility for the care of and had control of an animal that is deadstock immediately before the animal died. A custodian does not include a farm operator. Veterinarians who accept carcasses of deadstock for the purpose of conducting a postmortem are deemed to be custodians when they receive the carcasses. Operators of businesses that receive and handle live animals for the purpose of sale or distribution or for the purpose of feeding, watering and resting animals while in transit are deemed to be custodians if they accept the carcasses of animals that died in transit and are deadstock from truckers for the purpose of disposing of the carcasses.
Deadstock Disposal Methods for Custodians (Including Veterinarians, Livestock Transporters and Operators of Commercial Operations) and Farm Operators Who Do Not Dispose of Deadstock on Farm
Custodians must dispose of their deadstock by having them collected by a licensed collector or by transporting them to licensed disposal facilities or approved waste disposal sites. Farm operators who wish to dispose of deadstock off-farm must dispose of them in the same manner as custodians.
General Disposal Rules
Generally, deadstock must be collected or transported within 48 hours of death. The regulations, however, allow custodians and farm operators to store mortalities under certain conditions. Carcasses may be stored for up to 14 days if stored at a temperature of four degrees Celsius or less, and up to 240 days if the carcass is kept in frozen storage.
Post Mortem Activity Rule
If a carcass is to be subjected to a post mortem examination, investigation or loss adjustment, the custodian may hold the carcass beyond 48 hours for up to 7 days following its death. The regulation requires carcasses held for these purposes to be disposed of immediately following the completion of the activity.
Rules for In-transit Mortalities
Transporters of live animals are responsible for and have control of animals on their vehicles. As such, transporters are custodians of any animals that are deadstock that die on their vehicles and are thus responsible for the disposal of the carcasses. If a delivery of live animals is made to a business that receives and handles livestock for sale or distribution or for the purpose of feeding, watering or resting animals in transit, the operator of the business may choose to receive deadstock from a transporter for the purpose of its disposal. Where a business operator chooses to receive a dead animal that is deadstock in any delivery of live animals, responsibility for the disposal of the deadstock shifts from the transporter to the business operator.
Delivery Options - Non-Bovine Deadstock
Deadstock that is collected by collectors, is transported by custodians or is transported by a farm operator for the purposes of off-farm disposal must be delivered to the following locations for disposal:
Delivery Options - Bovine Deadstock
Bovine deadstock that is not disposed of on the site where death occurred is subject to the federal Health of Animals Regulations. Please go to the Managing Specified Risk Materials Under the Enhanced Feed Ban that sets out the conditions and requirements governing the transporting and disposal of bovine deadstock.
Transporting of Deadstock
Collectors, custodians and farm operators transporting deadstock must transport deadstock out of public view. Deadstock must not be transported in the same vehicle as food for human consumption or live animals.
Collectors are required to display on the windshield of the vehicle evidence of their licence in the form of a marker provided by the ministry. Markers are not required for vehicles used by custodians and farm operators to transport dead animals.
Vehicle Design and Sanitation Requirements
used by collectors, custodians and farm operators to transport deadstock must
be designed and equipped to prevent leakage and allow dead animals to be transported
without being in public view. Vehicle surfaces that come into contact with a dead
animal must be constructed with impervious materials and capable of withstanding
repeated cleaning and sanitizing
After delivering dead animals to a disposal facility or an approved EPA waste disposal site, the vehicle must be thoroughly cleaned and sanitized. Cleaning and sanitizing must be done before leaving a deadstock disposal facility.
Custodians are not required to keep records. Record keeping requirements for licensees can be found at Overview of Licensing Requirements for Deadstock Collectors and Disposal Facility Operators and Useful Information for Licensees and Licence Applicants.
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For the exact wording of the regulation, please visit the e-laws
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This document is not a description of all of the requirements contained in O. Reg. 105/09, and the regulation itself must be to read to determine all such requirements. In the event that there is a conflict between the FSQA or O. Reg. 105/09 and this document, the FSQA and O. Reg. 105/09 govern.
Stakeholders should seek their own legal advice if they have concerns about the requirements or applicability of O. Reg. 105/09, or about the requirements or applicability of any other Act, regulation or policy mentioned in this document.
This document last was updated on March 26, 2009, and will be updated from time to time. Always check the OMAFRA website to ensure that you have the most up to date version of this document.