Livestock Identification and Brand Inspection Regulation (Alta. Reg. 195/1998)

(Consolidated up to 239/2007) ALBERTA REGULATION 195/98 Livestock Identification and Brand Inspection Act LIVESTOCK IDENTIFICATION AND BRAND INSPECTION REGULATION Table of Contents 1 Interpretation 2 Livestock manifest 3 Transporting out of Alberta 4 Other inspections 5 Documents to operator 6 Original manifest 7 Documents to consignee 8 Marking of livestock 9 Identifying pens 10 Bill of sale 11 Livestock permit 12 Notice forms 13 Release form 14 Livestock permit form 15 Horse permit form 16 Inspection fees 17 Repeal 18 Expiry 19 Coming into force Forms Interpretation 1(1) In this Regulation, “Act” means the Livestock Identification and Brand Inspection Act. (2) For the purpose of the definition of “livestock” in section 1(k) of the Act, “carcass” does not include (a) a carcass that bears a Government stamp, or (b) a carcass that is being transported to a rendering plant. (3) For the purpose of the Act and this Regulation, “livestock” includes any wildlife that has been domesticated. Livestock manifest 2(1) A livestock manifest must be in Form 1. (2) Where a livestock manifest is required under the Act, (a) the owner of the livestock or the owner’s agent shall complete the livestock manifest by providing the following information: (i) the date the livestock are transported or driven; (ii) the name, address and telephone number of the owner of the livestock; (iii) the consignor’s name, address and telephone number; (iv) the consignee’s name and address; (v) the number of livestock; (vi) the colour of the livestock; (vii) the kind of livestock; (viii) the proper description and location of the brand and other marks of ownership on each head of livestock; (ix) a declaration by the owner or the owner’s agent that, while under the ownership or control of the owner or agent, the livestock have not been fed any materials prohibited under the Health of Animals Act (Canada) and that, in the case of animals intended for food, appropriate withdrawal times for veterinary drugs and biologicals have been observed under the Food and Drug Act (Canada) and the Health of Animals Act (Canada); (x) an optional declaration by the owner or the owner’s agent that discloses the name of any lender that has a lien or security interest in the livestock; and shall sign the manifest, and (b) the operator of the vehicle transporting the livestock or the driver of the livestock shall complete the livestock manifest by providing the following information: (i) the name and address of the operator or driver, as the case may be; (ii) the licence number of the vehicle used to transport the livestock; (iii) trucking charges, if any; and shall sign the manifest. (3) Where livestock have been inspected and sold at a market or country sale before being transported or driven from that market or country sale to a destination in Alberta that is not another market or country sale, the livestock manifest that accompanies the livestock may be completed by the market operator or country sale operator but, instead of containing the information required under subsection (2)(a)(viii), it must be accompanied by a scale ticket or purchase statement that fully describes the livestock. (4) The original and a copy of the livestock manifest must accompany the livestock to their destination, and a copy must be retained by both (a) the operator of the vehicle or the driver of the livestock, as the case may be, and (b) the owner of the livestock or the owner’s agent. (5) When the livestock described on the livestock manifest are delivered to their destination, the person who receives the livestock shall sign the manifest. (6) Any person receiving a copy of a livestock manifest under this section shall retain it for a period of 2 years. AR 195/98 s2;58/2002 Transporting out of Alberta 3(1) A person who proposes to transport livestock out of Alberta from any place other than a place where the livestock have been inspected shall provide the inspector at the point of shipment with the following on a livestock manifest: (a) the date the livestock are transported or driven; (b) the name, address and telephone number of the owner of the livestock; (c) the consignor’s name, address and telephone number; (d) the consignee’s name and address; (e) the number of livestock; (f) the colour of the livestock; (g) the kind of livestock; (h) the proper description and location of the brand and other marks of ownership on each head of livestock; (h.1) a declaration by the owner or the owner’s agent that, while under the ownership or control of the owner or agent, the livestock have not been fed any materials prohibited under the Health of Animals Act (Canada) and that, in the case of animals intended for food, appropriate withdrawal times for veterinary drugs and biologicals have been observed under the Food and Drug Act (Canada) and the Health of Animals Act (Canada); (h.2) an optional declaration by the owner or the owner’s agent that discloses the name of any lender that has a lien or security interest in the livestock; (i) the signature of the owner of the livestock or the owner’s agent. (2) Subsection (1) does not apply to livestock transported to an inspected market in Saskatchewan or Dawson Creek, British Columbia. AR 195/98 s3;58/2002 Other inspections 4(1) For the purposes of sections 11, 13, 15(5), 16(4), 17(4) and 19 of the Act, the following information must be provided on a livestock manifest: (a) the date the livestock are offered for sale or re‑inspected, as the case may be; (b) the name, address and telephone number of the owner of the livestock; (c) the consignor’s name, address and telephone number; (d) the consignee’s name and address; (e) the number of livestock; (f) the colour of the livestock; (g) the kind of livestock; (h) the proper description and location of the brand and other marks of ownership on each head of livestock; (i) a declaration by the owner or the owner’s agent that, while under the ownership or control of the owner or agent, the livestock have not been fed any materials prohibited under the Health of Animals Act (Canada) and that, in the case of animals intended for food, appropriate withdrawal times for veterinary drugs and biologicals have been observed under the Food and Drug Act (Canada) and the Health of Animals Act (Canada); (j) an optional declaration by the owner or the owner’s agent that discloses the name of any lender that has a lien or security interest in the livestock. (2) In addition to the information required under subsection (1), (a) for the purposes of sections 11, 15(5), 16(4) and 19 of the Act, the signature of the owner is required, and (b) for the purposes of sections 13, 17(4) and 19 of the Act, the following information is required: (i) the name and address of the person who is the operator of the vehicle or the driver of the livestock; (ii) the licence number of the vehicle used to transport the livestock. AR 195/98 s4;58/2002 Documents to operator 5(1) The operator of a vehicle delivering livestock or the driver of the livestock shall, on delivery of the livestock to a market, country sale or feedlot, give the original and the first and 2nd copy of the completed livestock manifest to the market operator, country sale operator or feedlot operator, as the case may be. (2) The market operator, country sale operator or feedlot operator, or a person employed by the operator, shall (a) attach the original and the 2 copies of the completed manifest to the gate of the pen where the livestock are kept until the livestock are sold or removed from the pen, or (b) place a card on the gate of each pen showing the owner’s name and the number and description of the livestock of that owner in that pen. Original manifest 6(1) Where an inspection is required under the Act, the person required to provide the livestock manifest shall give the original and 2 copies of the livestock manifest to the inspector and the inspector shall, after completion of the inspection, return a copy to the person who provided the livestock manifest. (2) If an inspector has not picked up the original of a livestock manifest within 7 days after the delivery of the livestock, the original of the livestock manifest must be forwarded (a) to Alberta Agriculture, Food and Rural Development, Livestock Marketing Service Branch, Stettler, Alberta, or (b) if a delegation has occurred under section 32 of the Act, to the delegated authority. (3) The original copy of the manifest must be retained by (a) the Department, or (b) if a delegation has occurred under section 32 of the Act, the delegated authority, for a period of 7 years and the copy must be retained by the person who provided the livestock manifest for 2 years. AR 195/98 s6;251/2001 Documents to consignee 7(1) Where livestock are delivered to a destination other than a market, country sale or feedlot, the operator of the vehicle delivering the livestock or the driver of the livestock, as the case may be, shall give the original and the first and 2nd copy of the completed livestock manifest to the consignee. (2) The consignee shall forward the original of the livestock manifest (a) to the Department, or (b) if a delegation has occurred under section 32 of the Act, to the delegated authority, within 7 days after the delivery of the livestock and shall retain a copy for 2 years. AR 195/98 s7;251/2001 Marking of livestock 8 For the purposes of sections 5(2) and 15(3) of the Act, livestock must be distinctively marked on the upper portion of the body by means of (a) paint, (b) a livestock marking crayon, or (c) clip marks in the hair, so as to be readily distinguishable from livestock in the shipment that are owned by any other person. Identifying pens 9 For the purpose of section 7(2) of the Act, livestock in each pen must be identified by placing a card on the gate of each pen showing the owner’s name and the number and description of the livestock of that owner in that pen. Bill of sale 10(1) A bill of sale must contain the following information: (a) the date of the transaction; (b) the proper name of the buyer and seller; (c) the number of livestock; (d) the colour of the livestock; (e) the kind of livestock; (f) a description of the livestock, including the brand or any other marks on each head of livestock. (2) A bill of sale issued by the market operator or country sale operator must contain the name of the seller as shown on the relevant manifest. (3) The market operator or country sale operator shall retain a copy of each bill of sale issued by the operator for 5 years. Livestock permit 11 A livestock permit issued by an inspector is valid for 4 days after the date of issue. Notice forms 12 A notice referred to in sections 24(1) and 25(1) of the Act (a) requiring a market operator or country sale operator (i) not to sell livestock, or (ii) to withhold settlement, must be in Form 2; (b) that is to be forwarded to the contributor of the livestock must be in Form 3. Release form 13 A release referred to in sections 25(3) and 26(1) of the Act must be in Form 4. Livestock permit form 14 A livestock permit must be in Form 5. Horse permit form 15 A horse permit must be in Form 6. Inspection fees 16(1) Where an inspection fee is payable under the Act, the inspector must complete a control card and provide it to the person responsible under the Act for payment of the inspection fee to the Minister. (2) The control card referred to under subsection (1) must contain the following information: (a) sale point number; (b) sale date; (c) name and place of inspection; (d) name and address of person responsible for payment of inspection fee; (e) number of manifests collected; (f) number of head of livestock inspected; (g) amount of fee collected; (h) signature of brand inspector. (3) The commission to be paid to persons who collect inspection fees is 5% of the amount collected, which must be deducted from the amount collected. Repeal 17 The Livestock Identification and Brand Inspection Regulation (AR 408/86) is repealed. Expiry 18 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on June 30, 2009. AR 195/98 s18;63/2003;41/2007;239/2007 Coming into force 19 This Regulation comes into force on November 1, 1998. Form 1 Manifest Pen number Date Pay to owner/Owner Phone number Owner’s address Postal code On account of consignor Phone number Consignor’s address Destination Destination Address City or town Feed and Veterinary Drug Declaration I declare that these animals, while under my ownership or control, have not been fed any materials prohibited under the Health of Animals Act (Canada) and that, in the case of animals intended for food, appropriate withdrawal times for veterinary drugs and biologicals have been observed under the Food and Drug Act (Canada) and the Health of Animals Act (Canada). Finance Declaration (optional) Name of lender having lien or security interest in the livestock: Description of livestock (show correct brand information): Number Colour Kind of livestock Brand/EID Brand location Other brands Brand location Total I certify that the information given above is true. Brand Inspector Vehicle Licence Number Transporter’s name Driver’s signature Transporter’s address Trucking charges Received and counted by: Date Time AR 195/98 Form 1;58/2002 Form 2 FORM NUMBER SALE POINT Day Mo Year Notice to Market Operator NAME OF OPERATOR AT IS HEREBY INSTRUCTED TO WITHHOLD THE LIVESTOCK OR SETTLEMENT FOR LIVESTOCK DESCRIBED HEREUNDER BY AUTHORITY OF THE ABOVE ACT. □ HOLD LIVESTOCK □ HOLD SETTLEMENT FOR LIVESTOCK NO. OF ANIMALS C O L O U R K I N D C O D E B R A N D BRAND LOCA-TION BRAND CODE YARDAGE OR OWNER’S MARK 1 2 3 4 5 6 7 8 9 10 Contributor’s Name Address Trucker’s Name Address Received By Brand Inspector Address Form 3 FORM NUMBER SALE POINT Day Mo Year Notice to Contributor NAME OF OPERATOR AT IS HEREBY INSTRUCTED TO WITHHOLD THE LIVESTOCK OR SETTLEMENT FOR LIVESTOCK DESCRIBED HEREUNDER BY AUTHORITY OF THE ABOVE ACT. □ HOLD LIVESTOCK □ HOLD SETTLEMENT FOR LIVESTOCK NO. OF ANIMALS C O L O U R K I N D C O D E B R A N D BRAND LOCA-TION BRAND CODE EARTAG OR OWNER’S MARK 1 2 3 Contributor’s Name Address Trucker’s Name Address Received By Brand Inspector Address ON THE ABOVE LIVESTOCK WERE OFFERED FOR SALE WITHOUT ANY EVIDENCE OF PROPER OWNERSHIP AND THEREFORE THE LIVESTOCK OR SETTLEMENT FOR LIVESTOCK ARE BEING WITHHELD. IT WILL BE NECESSARY FOR YOU TO FORWARD PROOF OF OWNERSHIP WITH A BILL OF SALE OR OTHER INFORMATION THAT SHOWS THE DATE, A DESCRIPTION OF THE LIVESTOCK AND BRANDS THEREON, INCLUDING THE NAME OF THE PERSON FROM WHOM THIS LIVESTOCK WAS PURCHASED, BEFORE THIS LIVESTOCK OR SETTLEMENT FOR LIVESTOCK CAN BE RELEASED. Form 4 FORM NUMBER Day Mo Year Notice to Release NAME OF OPERATOR IS HEREBY AUTHORIZED TO RELEASE THE LIVESTOCK OR SETTLEMENT FOR LIVESTOCK WITHHELD ON FORM . TO ADDRESS RELEASED BY BRAND INSPECTOR EXPLAIN Reason for Release (Use lines to correspond with lines above) Code 1 Office Use Only 2 3 4 5 6 7 8 9 10 PLEASE PRINT CLEARLY (Information is being transcribed) Form 5 LIVESTOCK PERMIT Code for Kind of Livestock B Bull S Steer M Mare A Buffalo C Cow Y Yearling N Stallion L Elk H Heifer G Gelding T Colt X Misc. K Calf E Filly E Mule Shipped From: Shipped To: Name, Market Feedlot or Farm Location Name Initials Sale Point Town Province Address BC AB SK MB ON PQ Marit. USA Other Day Month Year Livestock Dealer’s Name Initials Livestock Dealer’s Address Shipper’s or Agent’s Signature Number of Animals Colour Kind Code Brand Brand Location Contributor’s name if initial inspection; otherwise name market or feedlot. Initials Destination Number 1 The purpose of this certificate is: Initial Inspection  Previously Inspected  2 3 4 Slaughter  Feeder  Breeding  Unclassified  Number of Livestock Inspected Received from: Amount Fees collected on certificate: Date I certify that the above livestock were inspected. Brand Inspector Phone Number Form 6 (Number) Horse Permit OWNER ADDRESS DATE , NO. OF ANIMALS COLOUR AGE SEX BRAND BRAND LOCATION DESCRIPTION AND MARKINGS NUMBER OF HEAD @ EACH $ PERMIT EXPIRES DECEMBER 31, I certify that the above livestock were inspected and found to correspond with the description set out. BRAND INSPECTOR SIGNATURE OF OWNER ADDRESS TO ACCOMPANY HORSE IN TRANSIT The user agrees to the terms and conditions set out in the Copyright and Disclaimer statement. © 2008 Government of Alberta