Farm Products Grades and Sales Act
Loi sur le classement et la vente des produits agricoles
R.R.O. 1990, REGULATION 381
GRADES — POULTRY
Note: This Regulation was revoked on October 1, 2009. See: O.Reg. 372/09, ss.1, 2.
Last amendment: O. Reg. 372/09.
This Regulation is made in English only.
Definitions
1.In this Regulation,
“consumer” means a person who buys undrawn dressed poultry or eviscerated poultry for use by the person or the person’s household and not for resale;
“eviscerated poultry” means slaughtered poultry from which the blood, feathers, head, legs at the hock joints, oil sac and viscera, including the respiratory, digestive, reproductive and urinary systems have been removed;
“further processing” means the cutting into parts, canning or manufacturing into food products of undrawn dressed poultry or eviscerated poultry;
“poultry” means,
(a)chicken — being young birds of either sex that have flexible cartilage at the posterior end of the breast or keel bone and tender meat and soft skin of smooth texture,
(b)chicken capon — being male chickens that have undergone a process resulting in a complete removal or inactivation of the sex organs, and that have a flexible cartilage at the posterior end of the breast or keel bone, tender meat and soft skin of smooth texture,
(c)fowl — being mature chickens of either sex with rigid cartilage at the posterior end of the breast or keel bone; male birds may have lengthy hard spur development,
(d)turkey, including,
(i)young turkey, being young birds of either sex, having flexible cartilage at the posterior end of the breast or keel bone, tender meat and soft skin of smooth texture, and
(ii)mature turkey, being mature birds of either sex, having rigid cartilage at the posterior end of the breast or keel bone,
(e)ducks, including,
(i)young ducks, being young birds of either sex, having flexible cartilage at the posterior end of the breast or keel bone, tender meat and soft skin of smooth texture, and
(ii)mature ducks, being mature birds of either sex, having rigid cartilage at the posterior end of the breast or keel bone,
(f)geese, including,
(i)young geese, being young birds of either sex, having flexible cartilage at the posterior end of the breast or keel bone, tender meat and soft skin of smooth texture, and
(ii)mature geese, being mature birds of either sex, having rigid cartilage at the posterior end of the breast or keel bone;
“producer” means a person who produces poultry;
“producer-grader” means a person to whom a grader’s certificate has been issued as a producer-grader under the Canada Agricultural Products Act;
“registered station” means a place in respect of which a certificate of registration as,
(a)a registered poultry killing and dressing station, or
(b)a registered poultry grading station,
has been issued under the Canada Agricultural Products Act;
“undrawn dressed poultry” means slaughtered poultry from which the blood and feathers have been removed;
“vendor” means a person who sells or offers for sale undrawn dressed poultry or eviscerated poultry to a retail or wholesale market, a consumer, a retail store, an institution, a hotel, a restaurant, a barbecue or to anyone commercially engaged in serving meals. R.R.O. 1990, Reg. 381, s.1.
Application of Regulation
2.Undrawn dressed poultry and eviscerated poultry are designated as farm products. R.R.O. 1990, Reg. 381, s.2.
General
3.(1)Subject to subsections (2) and (3) and section 4, no person shall pack, transport, ship, advertise, sell, offer for sale or hold in possession for sale any undrawn dressed poultry or eviscerated poultry unless the poultry has been graded and marked to indicate the kind and grade of the poultry in accordance with the standards set out in Schedules 1, 2, 3, 4, 5 and 6.
(2)Undrawn dressed or eviscerated poultry that is not marked as required in subsection (1) may be transported or shipped to a registered station for the purpose of being graded.
(3)Poultry being shipped for further processing is not required to be individually marked. R.R.O. 1990, Reg. 381, s.3.
4.Despite section 3, a producer may, in any place in Ontario, including any public market, advertise, sell, offer for sale, hold in possession for sale or transport undrawn dressed poultry or eviscerated poultry that is not marked as required in section 3, if the poultry is produced on the producer’s farm and is advertised, sold, offered for sale, held in possession for sale or transported to consumers only. R.R.O. 1990, Reg. 381, s.4.
Marking
5.Any person grading poultry pursuant to the Act or this Regulation shall mark each individual bird of such poultry to show,
(a)the name of the kind, and in the case of turkeys, ducks and geese the word “Young” or the word “Mature” preceding the kind;
(b)the name of the grade; and
(c)the words “Reg. No.” followed by,
(i)the certificate number and letters assigned to the producer-grader, or
(ii)the registered station number and letter assigned to the operator of the registered station,
as the case may be. R.R.O. 1990, Reg. 381, s.5.
6.(1)The individual bird markings referred to in section 5 shall be placed on metal tags, inserts or transparent bags for packing individual birds.
(2)Where the bird markings are on a tag, the tag shall be securely attached to the bird at the “V” formed by the wishbone.
(3)Where the bird markings are on an insert or transparent bag, the markings shall appear in the centre of the breast. R.R.O. 1990, Reg. 381, s.6.
7.The individual bird markings shall be clear and legible. R.R.O. 1990, Reg. 381, s.7.
8.The colour of the background on metal tags shall be white and the colour of the lettering on individual bird markings shall be,
(a)for Canada Grade special, purple;
(b)for Canada Grade A, red;
(c)for Canada Grade B, blue;
(d)for Canada Grade Utility, blue;
(e)for Canada Grade C, yellow; and
(f)for Canada Grade D, brown. R.R.O. 1990, Reg. 381, s.8.
9.The size of the lettering on individual bird markings shall be as follows:
1.The word or letter denoting the grade shall be at least one-quarter of an inch in height.
2.All other required markings shall be at least one-sixteenth of an inch in height, but not larger than the height of the word or letter denoting the grade. R.R.O. 1990, Reg. 381, s.9.
10.No person other than,
(a)the operator of a registered station;
(b)a producer-grader; or
(c)an inspector,
shall apply the bird markings referred to in section 5. R.R.O. 1990, Reg. 381, s.10.
11.(1)An operator of a registered station, who applies bird markings shall apply the markings only at the registered station.
(2)A producer-grader who applies bird markings shall apply the markings only at the premises where the producer-grader is permitted to grade poultry under the Canada Agricultural Products Act and the regulations thereunder.
(3)Where poultry has been improperly marked, an inspector may remove or obliterate the bird markings and may apply proper bird markings in accordance with this Regulation. R.R.O. 1990, Reg. 381, s.11.
Advertising
12.(1)No person who sells, offers for sale or holds in possession for sale undrawn dressed poultry or eviscerated poultry shall publish or cause to be published any advertisement or statement respecting the kind or grade of the poultry that is untrue, deceptive, misleading or likely to mislead.
(2)No person shall sell, offer for sale or have in possession for sale at retail any undrawn dressed poultry or eviscerated poultry that has been frozen and subsequently thawed unless the words “Frozen-Thawed” followed by the kind of poultry appear conspicuously on the display in letters at least one inch high and one-half of an inch wide. R.R.O. 1990, Reg. 381, s.12.
13.In any advertisement pertaining to undrawn dressed poultry or eviscerated poultry wherein the price of the poultry appears, the grade name of the poultry shall appear in letters at least one-eighth the size of the numerals of the price and shall appear in letters at least one-quarter of an inch in height and in block type. R.R.O. 1990, Reg. 381, s.13.
14.(1)Any advertisement pertaining to undrawn dressed poultry or eviscerated poultry shall state the kind of the poultry, whether the poultry is undrawn dressed poultry or eviscerated poultry and whether the poultry has been frozen and subsequently thawed, and in the case of turkeys, ducks or geese, shall state whether they are young or mature.
(2)All matters required to be stated in an advertisment under subsection (1) shall be in letters of a size and prominence at least equal to those of the grade name. R.R.O. 1990, Reg. 381, s.14.
15.All grade markings on undrawn dressed poultry or eviscerated poultry displayed for sale shall be clearly visible and not obscured by other markings or materials. R.R.O. 1990, Reg. 381, s.15.
16.All undrawn dressed poultry and eviscerated poultry on the premises of a vendor shall be deemed to be for sale whether or not the vendor is the owner of the poultry. R.R.O. 1990, Reg. 381, s.16.
Detention
17.(1)An inspector who has placed under detention any undrawn dressed poultry or eviscerated poultry shall,
(a)attach to at least one package of the lot a numbered tag, hereinafter referred to as a “detention tag”, upon which shall be clearly written,
(i)the words “Under Detention — Ministry of Agriculture and Food — Province of Ontario”,
(ii)the number assigned by the inspector,
(iii)a brief description of the lot being detained,
(iv)the reason for detention,
(v)the date, and
(vi)the inspector’s signature; and
(b)mark one end of each package in the lot with a mark consisting of the letters “DET” and the number of the detention tag inside a design of a circle.
(2)Where the poultry detained is not in packages, an inspector may require the owner to place such poultry in packages and the packages shall be marked in accordance with subsection (1). R.R.O. 1990, Reg. 381, s.17.
18.As soon as possible after attaching the detention tag and marking the packages, the inspector shall deliver or mail to the owner of the poultry or to the owner’s agent, a duly completed notice of detention in Form 1 and, where the poultry is on premises other than that of the owner, the inspector shall also deliver or mail a copy of the notice of detention to the person on whose premises the poultry is found. R.R.O. 1990, Reg. 381, s.18.
19.Except as authorized by an inspector, no person shall alter or remove a detention tag or alter any marks made on any package by an inspector. R.R.O. 1990, Reg. 381, s.19.
20.Except with the written permission of an inspector, no person shall remove, sell or otherwise dispose of any poultry contained in a package on which a detention tag has been placed or in a package marked by an inspector under section 17. R.R.O. 1990, Reg. 381, s.20.
21.(1)An inspector who is satisfied that any poultry held under detention complies with this Regulation may release the poultry by completing a notice of release in Form 2.
(2)As soon as possible after completing the notice of release, the inspector shall deliver or mail one copy of the notice of release to the owner of the poultry and one copy to the person on whose premises the poultry is located. R.R.O. 1990, Reg. 381, s.21.
22.(1)The grades for undrawn dressed poultry and eviscerated poultry are established as set out in Tables 1 to 6.
(2)The standards for the grades established in Tables 1, 2, 3, 4, 5 and 6 are set out in Schedules 1, 2, 3, 4, 5 and 6, respectively. R.R.O. 1990, Reg. 381, s.22.
TABLE 1
1.Canada Grade Special Chicken.2.Canada Grade A Chicken.
3.Canada Grade B Chicken.
4.Canada Grade Utility Chicken.
5.Canada Grade C Chicken.
6.Canada Grade D Chicken.
R.R.O. 1990, Reg. 381, Table 1.
TABLE 2
1.Canada Grade Special Capon Chicken.2.Canada Grade A Capon Chicken.
3.Canada Grade B Capon Chicken.
4.Canada Grade Utility Capon Chicken.
5.Canada Grade C Capon Chicken.
6.Canada Grade D Capon Chicken.
R.R.O. 1990, Reg. 381, Table 2.
TABLE 3
1.Canada Grade Special Fowl.2.Canada Grade A Fowl.
3.Canada Grade B Fowl.
4.Canada Grade Utility Fowl.
5.Canada Grade C Fowl.
6.Canada Grade D Fowl.
R.R.O. 1990, Reg. 381, Table 3.
TABLE 4
1.Canada Grade Special Turkey.2.Canada Grade A Turkey.
3.Canada Grade B Turkey.
4.Canada Grade Utility Turkey.
5.Canada Grade C Turkey.
6.Canada Grade D Turkey.
R.R.O. 1990, Reg. 381, Table 4.
TABLE 5
1.Canada Grade Special Duck.2.Canada Grade A Duck.
3.Canada Grade B Duck.
4.Canada Grade Utility Duck.
5.Canada Grade C Duck.
6.Canada Grade D Duck.
R.R.O. 1990, Reg. 381, Table 5.
TABLE 6
1.Canada Grade Special Goose.2.Canada Grade A Goose.
3.Canada Grade B Goose.
4.Canada Grade Utility Goose.
5.Canada Grade C Goose.
6.Canada Grade D Goose.
R.R.O. 1990, Reg. 381, Table 6.
Schedule 1
CHICKEN
The standards for the grades established in Table 1 are as follows:
1.Canada Grade Special Chicken, consisting of undrawn dressed chickens and eviscerated chickens that,
i.are whole, except for the usual cutting for proper evisceration, in the case of eviscerated chickens,
ii.are of normal physical conformation with no deformities,
iii.are plump, full breasted on both sides of the keel bone at the anterior end, with a slight tapering of flesh toward the posterior end and with the keel bone at the anterior end not projecting more than one-sixteenth of an inch beyond the flesh,
iv.have a thick deposit of fat at the base of the neck extending in a heavy roll into the “V” of the wishbone and fat showing generally over the breast, thighs and back,
v.do not have more than four pin-feathers on the breast and not more than eight pin-feathers elsewhere on the carcass,
vi.have no prominent discolouration,
vii.have no more than one skin tear on the breast and the tear does not exceed one-quarter inch in length,
viii.do not have more than two skin tears on the carcass elsewhere than on the breast and in the case of undrawn dressed chickens weighing three and one-half pounds or less or eviscerated chicken weighing three pounds, no tear exceeds one-quarter inch in length and in the case of undrawn dressed chicken weighing more than three and one-half pounds or eviscerated chicken weighing more than three pounds, no tear exceeds one-half of an inch in length,
ix.do not have any freezer burn other than freezer burn consisting of slight surface desiccation,
x.do not have a dried out appearance,
xi.do not have any cysts, and
xii.do not have any broken bones.
2.Canada Grade A Chicken, consisting of undrawn dressed chickens and eviscerated chickens that,
i.are whole except for the usual cutting for proper evisceration in the case of eviscerated chicken,
ii.are of normal physical conformation with no deformities except that the keel bone may be slightly crooked so long as it does not interfere with the normal arrangement and placement of meat,
iii.are moderately plump breasted on both sides of the keel bone at the anterior end, with a moderate tapering of flesh towards the posterior end and with the keel bone at the anterior end not projecting more than one-eighth of an inch beyond the flesh,
iv.have a definite deposit of fat at the base of the neck with fat continuing up the side of and into the “V” of the wishbone and have evidence of fat over the breast and thighs,
v.do not have more than five pin-feathers on the breast and not more than ten pin-feathers elsewhere on the carcass,
vi.do not have more than four prominent discoloured spots on the breast and the total area of the spots does not exceed one-quarter square inch,
vii.may have a discolouration from poor bleeding on the area of the neck extending from the head to a point mid-way between the head and the base of the neck, a feather tract discolouration of an amber or reddish tinge on the back, and up to six other prominent discoloured spots on the carcass elsewhere than on the breast if the total area of the other spots does not exceed one square inch,
viii.do not have on the breast more than one skin tear and the tear does not exceed one-quarter of an inch in length,
ix.have no more than two skin tears on the carcass elsewhere than on the breast and no tear exceeds one-half of an inch in length,
x.do not have any freezer burn other than freezer burn consisting of surface desiccation and the total area of the surface desiccation does not exceed two and one-quarter square inches,
xi.do not have a dried out appearance,
xii.do not have any cysts, and
xiii.do not have any broken bones.
3.Canada Grade B Chicken, consisting of undrawn dressed chicken and eviscerated chicken that do not meet the requirements for Canada Grade Special Chicken or Canada Grade A Chicken but that,
i.are whole except for the usual cutting for proper evisceration in the case of eviscerated chicken,
ii.are of normal physical conformation with no deformities except that the keel bone may be slightly crooked,
iii.have sufficient fullness of flesh on both sides of the keel bone to prevent a sharp falling away of flesh from the anterior end to the posterior end and with the keel bone not projecting more than one-eighth of an inch beyond the flesh,
iv.have sufficient fat to prevent a dark red appearance,
v.do not have more than eight pin-feathers on the breast and not more than sixteen pin-feathers elsewhere on the carcass,
vi.do not have more than six prominent discoloured spots on the breast and the total area of the spots does not exceed one square inch,
vii.may have discolouration from poor bleeding on the neck, feather tract discolouration of an amber or reddish tinge on the back and up to six other prominent discoloured spots on the carcass elsewhere than on the breast if the total area of the other spots does not exceed one and one-quarter square inches,