New On-Farm Dead Animal Disposal Regulations in Ontario

Ontario farmers have more choices to safely dispose of their deadstock under new regulations that came into effect on Friday, March 27, 2009. The Dead Animal Disposal Act (1968) was replaced by the Disposal of Dead Farm Animals regulation under the Nutrient Management Act (NMA) and the Disposal of Deadstock regulation under the Food Safety and Quality Act (FSQA).

The new regulations, developed in consultation with the Ministry of the Environment (MOE) and industry partners, also provide greater flexibility for the deadstock service sector and include measures that will protect the environment. Key changes include:

• Giving farmers and deadstock receivers a wider range of choices for disposing of deadstock both on and off the farm, such as anaerobic digestion and central composting
• Including poultry and other farmed animals not covered under the old legislation
• Establishing enhanced environmental standards that will protect our water resources, with additional requirements that safeguard animal health and public health protection.

The Disposal of Dead Farm Animals regulation under the NMA applies to all farm operations, regardless of size or the requirement to have a nutrient management strategy or plan. The regulation applies to the disposal of cattle, goats, sheep, horses, swine, deer, elk, alpacas, llamas, bison, yaks, donkeys, ponies, rabbits, poultry and fowl, ratites, and fur bearing animals.

Disposal Options

Additional disposal options offer greater flexibility to manage deadstock on the farm. They include:

• Burial
• Incineration
• Composting
• Disposal vessels
• Collection by a licensed collector
• Anaerobic digestion
• Delivery to a waste disposal site approved under the Environmental Protection Act (EPA)
• Delivery to a disposal facility as defined under the FSQA
• Delivery to a licensed veterinarian for post mortem and disposal.

The operator of the farm is responsible for disposing of the animal within 48 hours of its death. However, two exceptions exist to this rule:

• If a delay occurs in order to perform a post mortem on the animal
• If the animal is put into temporary storage conditions as specified in the regulation.

If an operator chooses to bury, incinerate, or compost deadstock, the regulation establishes requirements to minimize impacts on the environment. This includes minimum separation distances from:

• Neighbouring livestock housing facilities
• Field drainage tiles
• Residential and commercial lands
• Surface water
• Bedrock and aquifers
• Wells including municipal wells and floodplains.

For each disposal option, there are specific operating requirements that producers will have to meet. In some cases, there are limitations on the volume of deadstock being disposed.

Transportation

The transportation requirements under the regulation state that a farm operator may transport his/her own deadstock to:

• A common bin or collection point for collection by a licensed deadstock collector
• A veterinarian for the purposes of a post mortem
• Another farm for disposal if he/she owns the property where the disposal will take place
• A site approved to receive these materials under the EPA or the FSQA
• Anaerobic digesters approved and operating under NMA and EPA.

During transport, the deadstock must be kept out of public view, and in a container designed or equipped to prevent leakage. Also, each surface that comes into contact with the deadstock must be impervious and capable of being cleaned and sanitized.

Producers should also be aware of federal rules regarding the transport of cattle as they cannot be moved without a federal Special Risk Material (SRM) permit. 

Record Keeping

The operator is required to maintain records for two years for all methods of disposal. The records must include documentation that demonstrates compliance with the regulation. Records include:

• Species, age, weight of the animal
• Date, time and cause of the animal's death if known
• Date, time, method and place of the animal's disposal
• Date record is made.

Also, if an animal is disposed of by incineration, a record of the temperatures in the incinerator combustion chambers must be recorded at all times during the incineration.

Emergency Conditions

Provisions for emergency conditions exist when an operator cannot comply with the NMA requirements with respect to storage, disposal or transportation of dead farm animals (e.g. a barn fire, tornado, disease, etc.). The regulation allows the operator to apply to OMAFRA for approval to arrange for storage, disposal, or transportation that would not otherwise meet the requirements of the regulation. Each case will be assessed individually. OMAFRA's final decision will weigh the circumstances against the potential threat to the environment from an alternate method of disposal.

This article is not a description of all the requirements contained in the regulations. The regulations must be read to determine all such requirements.

For more information on the deadstock regulations, please visit the OMAFRA website. This site includes a link to the regulations. In addition to the information on the website, OMAFRA and MOE are developing a Best Management Practice Manual to assist producers with decisions on managing deadstock.

Related Links

• Deadstock Regulations 

June 2009 Pork News & Views - Table of Contents