Saskatchewan Egg Regulations, 2010 (R.R.S. c. A-20.2 Reg. 13)

SASKATCHEWAN EGG, 2010 A-20.2 Reg 13 1 The Saskatchewan Egg Regulations, 2010 being Chapter A-20.2 Reg 13 (effective April 1, 2010). NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. http://www.qp.gov.sk.ca/documents/gazette/part2/2010/G2201015.pdf SASKATCHEWAN EGG, 2010A-20.2 Reg 13 2 Table of Contents 1 Title 2 Interpretation 3 Parts of Egg Regulations and Processed Egg Regulations applicable within Saskatchewan 4 Requirements for grading and packing eggs 5 Disposition of rejects 6 Prohibition 7 Product deemed to be for sale 8 Sask. Reg. 269/78 repealed 9 Coming into force SASKATCHEWAN EGG, 2010 A-20.2 Reg 13 3 CHAPTER A-20.2 REG 13 The Animal Products Act Title 1 These regulations may be cited as The Saskatchewan Egg Regulations, 2010. Interpretation 2 In these regulations: (a) “Act” means The Animal Products Act; (b) “Canada C” means the grade Canada C as set out in paragraphs 1(4)(a) and (b) in Schedule I of the Egg Regulations; (c) “carton” means a container constructed to contain 6, 12, 18, 24, or 30 eggs with a separate compartment for each egg; (d) “certificate of registration” means the certificate of registration issued pursuant to the Egg Regulations; (e) “consumer” means a person who buys eggs for domestic use and not for resale; (f) “container” means any case, box, carton or other receptacle used to contain eggs or egg product; (g) “domestic hen” means a female bird of the genus species Gallus domesticus; (h) “egg” means an egg of the domestic hen, but does not include a hatching egg; (i) “egg product” means frozen eggs, liquid eggs or dried eggs and includes any frozen, liquid or dried eggs that are in a mixture containing other ingredients; (j) “Egg Regulations” means the provisions of the Egg Regulations, Consolidated Regulations of Canada, 1978, chapter 284, set out in subsection 3(1); (k) “egg wholesaler” means any person, other than a producer, who markets eggs or egg products to: (i) a retailer; (ii) any person in quantities of 15 dozen or more for use as food or in the preparation of food products; (iii) a processed egg station; or (iv) a registered egg station; SASKATCHEWAN EGG, 2010A-20.2 Reg 13 4 (l) “grade” means to grade or mark eggs or egg products in accordance with the Egg Regulations, the Processed Egg Regulations and these regulations; (m) “grade cracks” means an egg that possesses the following characteristics: (i) the shell is cracked but the internal contents are not leaking; and (ii) on candling, the egg meets or exceeds the grade Canada C; (n) “hatchery” means any place, building or premises equipped with an incubator and used for incubation purposes; (o) “market” includes selling, offering for sale, advertising, assembling, storing, shipping or transporting in any manner; (p) “process” means any part of the work of preparing egg products; (q) “Processed Egg Regulations” means the provisions of the Processed Egg Regulations, Consolidated Regulations of Canada, 1978, chapter 290, set out in subsection 3(1); (r) “processed egg station” means a place where egg products are processed and packed and with respect to which a certificate of registration has been issued; (s) “producer” means a person that markets eggs produced on premises owned or operated by that person; (t) “registered egg station” means a place where eggs are graded, packed or marked and with respect to which a certificate of registration has been issued; (u) “reject” means any egg that does not meet the requirements of any of the grades specified in accordance with the Egg Regulations and these regulations or that has been in an incubator; (v) “retailer” means a person who markets eggs to a consumer and includes any premises of that person in which eggs or egg products are used in the preparation of food products; (w) “ungraded eggs” means eggs in containers that are not marked in accordance with the Egg Regulations and these regulations. 16 Apr 2010 cA-20.2 Reg 13 s2. SASKATCHEWAN EGG, 2010 A-20.2 Reg 13 5 Parts of Egg Regulations and Processed Egg Regulations applicable within Saskatchewan 3( 1) Sections 1 to 6, Parts II and III, and Schedules I and III of the Egg Regulations and Parts I and III, and Schedules I and II of the Processed Egg Regulations apply, with any necessary modification, to the following: (a) eggs and egg products within Saskatchewan; (b) the regulating of eggs and egg products within Saskatchewan, including the grading, packing, marking and marketing of eggs and egg products within Saskatchewan. (2) The provisions of these regulations prevail where there is any conflict between any provision of these regulations and: (a) the Egg Regulations; or (b) the Processed Egg Regulations. 16 Apr 2010 cA-20.2 Reg 13 s3. Requirements for grading and packing eggs 4(1) Every person grading eggs shall ensure that: (a) any graded eggs that fail to meet the requirements of a grade established by the Egg Regulations and these regulations are destroyed or packed in containers bearing the words “Rejects - Not for Human Consumption”; and (b) each producer’s eggs are graded separately from those of any other producer. (2) Every person grading or packing eggs shall ensure that: (a) eggs graded “grade cracks” pursuant to these regulations are packed in accordance with the Egg Regulations; (b) every carton containing grade cracks eggs is marked with: (i) the number of eggs contained in the carton; and (ii) the name and address of the producer or the registered egg station that graded the eggs; (c) the words “grade cracks” and “eggs” are marked on the top of every carton and the information mentioned in clause (b) is marked on either the side or top of the carton; (d) the letters in the words “grade cracks” are not less than 13 millimetres high and the height of all other letters or numerals is not less than seven millimetres high; SASKATCHEWAN EGG, 2010A-20.2 Reg 13 6 (e) every container, other than cartons, holding grade cracks eggs is marked with: (i) the name and address of the producer or the registered egg station that graded the eggs; or (ii) the certificate of registration number of the registered egg station that graded the eggs; and (f) the markings on every container mentioned in clause (b) are: (i) printed, stamped or stencilled in a central location on at least one side of every box and on one end of every case or other receptacle; or (ii) printed on a tag, in a form issued or approved by the ministry over which the minister presides, that is securely affixed in a central location on one side of every box and to one end of every case or other receptacle. (3) Notwithstanding subsection (2), if a producer markets grade cracks eggs directly to a consumer, the producer is not required to pack or mark eggs in accordance with the Egg Regulations and these regulations. 16 Apr 2010 cA-20.2 Reg 13 s4. Disposition of rejects 5(1) Rejected eggs are to be sold or offered for sale only in the manner prescribed in section 6.1 of the Egg Regulations. (2) Notwithstanding subsection (1), rejected eggs shall be sold only by a producer, operator of a registered egg station, a hatchery or a processed egg station. 16 Apr 2010 cA-20.2 Reg 13 s5. Prohibition 6(1) No person shall: (a) grade, pack, mark or market eggs or egg products that are not in accordance with these regulations; (b) market any eggs marked “Canada C” except to a processed egg station; or (c) purchase or market “rejects” for use as food or in the preparation of food products for human consumption. (2) Notwithstanding subsection (1): (a) a producer may market eggs to a registered egg station for grading or to a processed egg station for processing; (b) a producer may market eggs that are not rejects directly to a consumer; (c) a registered egg station may send or convey ungraded eggs received by it to a processed egg station for processing; and (d) a person may sell eggs or egg products marked with the name of a foreign country and the name of a grade of that foreign country provided that the eggs or egg products meet the standard for the Canada grade equivalent. 16 Apr 2010 cA-20.2 Reg 13 s6. SASKATCHEWAN EGG, 2010 A-20.2 Reg 13 7 Product deemed to be for sale 7 All eggs and egg products on the premises of a retailer or an egg wholesaler are deemed to be for sale. 16 Apr 2010 cA-20.2 Reg 13 s7. Sask. Reg. 269/78 repealed 8 “The Saskatchewan Egg Regulations”, being Saskatchewan Regulations 269/78, are repealed. 16 Apr 2010 cA-20.2 Reg 13 s8. Coming into force 9 These regulations come into force on the day on which they are filed with the Registrar of Regulations. 16 Apr 2010 cA-20.2 Reg 13 s9. SASKATCHEWAN EGG, 2010A-20.2 Reg 13 8 REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN’S PRINTER Copyright©2010