Livestock and Livestock Products Act (RSA 2000, c. L-18)

© Published by Alberta Queen’s Printer E-mail: qp@gov.ab.ca Shop on-line at www.qp.alberta.ca Alberta Queen’s Printer 7 th Floor, Park Plaza 10611 - 98 Avenue Edmonton, AB T5K 2P7 Phone: 780-427-4952 Fax: 780-452-0668 Province of Alberta Office Consolidation Revised Statutes of Alberta 2000 Chapter L-18 Current as of January 1, 2009 LIVESTOCK AND LIVESTOCK PRODUCTS ACT Copyright and Permission Statement Alberta Queen's Printer holds copyright on behalf of the Government of Alberta in right of Her Majesty the Queen for all Government of Alberta legislation. Alberta Queen's Printer permits any person to reproduce Alberta’s statutes and regulations without seeking permission and without charge, provided due diligence is exercised to ensure the accuracy of the materials produced, and Crown copyright is acknowledged in the following format: © Alberta Queen's Printer, 20 .* *The year of first publication of the legal materials is to be completed. Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law. Regulations The following is a list of the regulations made under the Livestock and Livestock Products Act that are filed as Alberta Regulations under the Regulations Act Alta. Reg. Amendments Livestock and Livestock Products Act Hatchery Supply Flock Approval ................... 183/97 ............. 259/2001, 71/2003, 35/2007, 149/2007, 68/2008, 14/2013 Honey Grading ............................................... 104/97 ............. 260/2001, 133/2006, 239/2007, 67/2011, 59/2016 Purchase and Sale of Eggs and Processed Egg .................................... 23/2004 ........... 35/2007, 68/2008, 47/2011, 42/2012 1 LIVESTOCK AND LIVESTOCK PRODUCTS ACT Chapter L-18 Table of Contents Regulation of Prescribed Livestock and Prescribed Livestock Products 1 Regulations 2 Powers of inspectors 3, 4 Detention of poultry or products 5 Sale of detained poultry 6 Offence 7 Prosecution time limit 8 Fine for continuing offences HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Regulation of Prescribed Livestock and Prescribed Livestock Products Regulations 1(1) The Minister may make regulations (a) requiring the owner of poultry intended for use for breeding purposes to have the flock approved for those purposes by the Minister and respecting the granting and cancellation of those approvals by the Minister; (b) respecting the segregation of poultry referred to in clause (a) from other birds; RSA 2000 Section 1 Chapter L-18 LIVESTOCK AND LIVESTOCK PRODUCTS ACT 2 (c) respecting procedures for dealing with diseases in poultry referred to in clause (a); (d) respecting the production, grading, packing, shipping, transporting, advertising and sale of honey that is produced in Alberta for sale in Alberta; (e) respecting the sale, offering for sale, possession for the purposes of sale, shipping, transporting or delivery of chicken eggs, reject eggs and processed eggs; (f) respecting the grading, storage, inspection, packing, marking and labelling of chicken eggs; (g) respecting measures to deal with situations where diseases specified in the regulations are detected in a building in which one or more laying flocks are housed; (h) respecting the duties of first receivers of eggs, operators of egg stations and operators of processed egg stations; (i) respecting forms for the purposes of this Act; (j) respecting fees for the purposes of this Act; (k) requiring persons who are regulated by this Act to keep records in respect of their operations, including, without limitation, regulations respecting (i) the nature of the records that must be kept, (ii) who must keep the records, (iii) the form and manner in which the records must be kept, and (iv) the time for which the records must be kept; (l) defining terms for the purposes of this Act; (m) providing, as to any provision in a regulation under this Act, that its contravention constitutes an offence; (n) respecting any other matter the Minister considers necessary for the purposes of carrying out this Act. (2) The authority to make regulations under subsection (1) respecting a matter includes the authority to make regulations prohibiting the matter. 2006 cL-16.2 s100 RSA 2000 Section 2 Chapter L-18 LIVESTOCK AND LIVESTOCK PRODUCTS ACT 3 Powers of inspectors 2(1) An inspector under the Livestock Identification and Commerce Act is an inspector for the purposes of this Act. (2) For the purpose of ensuring compliance with this Act, an inspector may (a) at any reasonable time enter and inspect any place, other than a dwelling place, (b) require any person in the place to be interviewed and answer questions related to the purpose of the inspection, and (c) require the production of any books, records or other documents that are relevant to the purpose of the inspection and examine them, make copies of them or remove them temporarily for the purpose of making copies. (3) Where an inspector removes anything pursuant to subsection (2)(c), the inspector shall (a) give a receipt for the thing to the person from whom it was taken, and (b) forthwith return the thing to the person from whom it was taken when it has served the purposes for which it was taken. (4) An inspector may without a warrant search any vehicle in which any poultry or product referred to in section 1(1) is being transported. (5) A person operating a vehicle in or on which any poultry or products referred to in section 1(1) are being transported shall, when required by an inspector to do so, (a) bring the vehicle to a stop and remain stopped until the person is permitted by the inspector to leave, (b) permit the inspection of the vehicle and its contents by the inspector, (c) produce to the inspector any documentation in the person’s possession in relation to the poultry or products being transported and answer all questions put to the person by the inspector concerning the documentation, and RSA 2000 Section 3 Chapter L-18 LIVESTOCK AND LIVESTOCK PRODUCTS ACT 4 (d) transport the contents of the vehicle to the nearest point where reasonable unloading facilities are available and unload the contents for inspection. (6) Neither the owner nor the operator of a vehicle is entitled to compensation in respect of anything required to be done under subsection (5). 2006 cL-16.2 s100 Detention of poultry or products 3(1) An inspector may, for the purpose of carrying out the inspector’s duties under this Act, detain poultry or products referred to in section 1(1) at the owner’s expense. (2) Where an inspector detains poultry or products under subsection (1), no person shall remove them without the consent of the inspector. 2006 cL-16.2 s100 Detention of poultry or products 4(1) Where an inspector believes on reasonable grounds that this Act or the regulations have been contravened in respect of any poultry or products referred to in section 1(1), the inspector may place the poultry or products under detention. (2) Poultry or products placed under detention pursuant to subsection (1) may not be detained (a) after the provision that was contravened has, in the opinion of the inspector, been complied with, or (b) after the expiration of 90 days from the date of detention, unless a proceeding has been commenced in respect of the contravention, in which case the poultry or products may be detained until the proceeding is finally concluded. 2006 cL-16.2 s100 Sale of detained poultry 5 Where a proceeding referred to in section 4(2)(b) results in a conviction, the judge presiding over the proceeding may direct the sale of poultry or products that were detained and direct the disposition of the sale proceeds. 2006 cL-16.2 s100 Offence 6 A person who RSA 2000 Section 7 Chapter L-18 LIVESTOCK AND LIVESTOCK PRODUCTS ACT 5 (a) contravenes section 2(5) or 3(2) or a provision of the regulations referred to in section 1(1)(m), or (b) assaults, obstructs or interferes with an inspector who is exercising powers or carrying out duties under this Act is guilty of an offence and liable to a fine of not more than $5000 for a first offence and $10 000 for a 2nd or subsequent offence. 2006 cL-16.2 s100 Prosecution time limit 7 A prosecution for an offence under this Act may be commenced within 2 years of the date of the alleged offence but not afterwards. 2006 cL-16.2 s100 Fine for continuing offences 8 Where a person is convicted of an offence under this Act, the fine provided for the offence may be imposed for each day or part of a day on which the offence occurred or continued. 2006 cL-16.2 s100 9 to 47 Repealed 2006 cL-16.2 s100. 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