MR. NICHOLAS SIMONS

BILL M 205 — 2009

FOOD SAFETY AMENDMENT
(FARM GATE SALES) ACT, 2009

This Bill amends the Food Safety Act in order to allow for the sale of locally produced meat to local consumers at the farm gate, without impacting the trade in meat for re-sale.

The Bill exempts a category of sellers from the licensing requirements of the Meat Inspection Regulation. It establishes a separate licensing scheme for these sellers, who must sell at the farm gate.

The Bill adds a purposes section to the Food Safety Act to clarify the intent of the Act as a whole. The purpose section includes a provision making it clear that the Act is intended to protect the public, as well as all food producers in the Province.

This Bill addresses concerns over food security, individual health, animal health, the environment, and the economies of small communities.

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1. The following definition is added to the Food Safety Act:

"farm gate" means land owned, leased, or used by a food establishment to raise animals for sale and includes an individual's residence

2. The following section is added after s.3 and before s.4 of the Food Safety Act:

Purpose of Act

3.1  The purpose of this Act is to govern the agriculture industry in the Province through efficient, effective and appropriate food inspection systems providing consumers with safe and wholesome British Columbia food products while recognizing the following principles:

(a) the ability of the consumer to purchase inspected meat;

(b) the ability to produce and sell wholesome product direct to the consumer;

(c) that the diverse nature of British Columbian agriculture be reflected by a flexible regulatory system governing food production which supports both large and small producers of food;

(c) the responsibility of producers and processors of food products to provide a safe and wholesome product;

(d) that slaughter be conducted in a humane manner;

(e) that producers, processors and retailers of meat products, government and the consumer have a shared responsibility concerning meat for human consumption;

3. The following section is added after s.4 and before s.5 of the Food Safety Act:

Designation of farm gate

5.1  (1) Sections 4 and 5 do not apply to food establishments designated as being at the farmgate.

(2) The Lieutenant Governor in Council may, by regulation, designate a type or class of slaughter establishment as at the farm gate.

(3) A person who operates a slaughter establishment designated under subsection (2) must hold a licence issued under this section.

(4) The Minister may issue a licence to a person for the slaughter of animals that are

(a) slaughtered by a slaughter establishment for sale at the farmgate, and

(b) sold to a consumer for his or her personal use or consumption and where the consumer does not sell or intend to sell the meat or meat product or use the meat or meat product for other commercial purposes.

(5) It is a condition of a licence issued under subsection (4) that the licence holder comply with this Act and the regulations.

(6) A designation under subsection (2), in relation to farmgates where animals are slaughtered or processed for food purposes, may be limited, by regulation, to a specified geographical area in British Columbia.

(7) A person to whom a licence is issued under subsection (4) must pay the prescribed licence fee in accordance with the regulations.

(8) The minister may

(a) amend, add or impose terms, restrictions or conditions on a licence issued under subsection (4), and

(b) suspend, cancel or refuse to renew a licence.

(9) A licence issued under subsection (4) is not transferable.

 
Explanatory Note

This Bill amends the Food Safety Act in order to allow for the sale of locally produced meat to local consumers at the farm gate, without impacting the trade in meat for re-sale.

The Bill exempts a category of sellers from the licensing requirements of the Meat Inspection Regulation. It establishes a separate licensing scheme for these sellers, who must sell at the farm gate.

The Bill adds a purposes section to the Food Safety Act to clarify the intent of the Act as a whole. The purpose section includes a provision making it clear that the Act is intended to protect the public, as well as all food producers in the Province.

This Bill addresses concerns over food security, individual health, animal health, the environment, and the economies of small communities.