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.

Deadstock

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 includes dead 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.

Custodian

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 for the purpose of disposing of the carcasses.

Deadstock Disposal Methods for Custodians 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 a collector, is transported by a custodian or is transported by a farm operator for the purposes of off-farm disposal can only be delivered to the following locations for disposal:

  • A disposal facility operated by a person licensed under Regulation 105/09 to operate a:
    • Transfer station,
    • Salvaging facility,
    • Rendering facility, or
    • Composting facility; or
  • A waste disposal site operating under a certificate of approval or provisional certificate of approval issued under the Environmental Protection Act (EPA).

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 contact Canadian Food Inspection Agency for conditions and requirements governing the transporting and disposal of bovine deadstock.

Transporting of Deadstock

All persons, whether collectors, custodians or farm operators must ensure that any vehicle, trailer or transport container used for the purpose of transporting deadstock meets the following minimum requirements to comply with federal and provincial law.

  • The vehicle, trailer or transport container must be designed and equipped to prevent leakage or escape of materials from the dead animal.
  • Surfaces that may come into contact with a dead animal must be constructed with impervious materials and be capable of withstanding repeated cleaning and sanitizing.
  • Dead animals must be transported without being in public view.
  • Dead animals must not be transported in the same vehicle with live animals or food for human consumption.
  • After delivering dead animals to a licensed disposal facility or an Environmental Protection Act (EPA) approved waste disposal site, the vehicle must be thoroughly cleaned and sanitized. Cleaning and sanitizing must be done before leaving a disposal facility.
  • Prior to transporting dead cattle a permit must be obtained from the CFIA.
  • Prior to being transported all dead cattle are to be stained in accordance with federal law, have Canadian Cattle Identification Agency (CCIA) ear tag attached and other imposed conditions.

In addition to these requirements, collectors are required to carry evidence of their collectors licence in the cab of the transport vehicle. This is not a requirement for vehicles used by custodians and farm operators to transport dead animals.

Record Keeping

Record keeping requirements for licensees can be found at Off-Farm Deadstock Licensing Requirements. Custodians are not required to keep records.

For more information contact:

Contact the Dead Animal Disposal Advisor with the Ministry of Agriculture, Food and Rural Affairs (OMAFRA) at 1-888-466-2372 ext. 67510 or kevin.joynes@ontario.ca.

For the exact wording of the regulation, please visit the e-laws website.


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 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.


For more information:
Toll Free: 1-877-424-1300
E-mail: ag.info.omafra@ontario.ca


Author: Kevin Joynes - Dead Animal Disposal Advisor/OMAFRA/AHWB/VIA; Bill Groot-Nibbelink - Livestock Regulatory Affairs Specialist/OMAFRA/AHWB/VS
Creation Date: 26 March 2009
Last Reviewed: 15 November 2013