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Décisions des tribunaux
P-42, r. 10
- Regulation respecting medicinal premixes and medicinal foods for animals
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À jour au 1
er
septembre 2012
Ce document a valeur officielle.
chapter
P-42, r. 10
Regulation respecting medicinal premixes and medicinal foods for animals
ANIMAL HEALTH PROTECTION — MEDICINAL FOODS
Animal Health Protection Act
(chapter P-42, s. 55.9)
.
P-42
09
September
01
1
2012
The fees prescribed in the Regulation have been indexed as of 1 April 2012 pursuant to the notice published in Part 1 (French) of the Gazette officielle du Québec of 10 March 2012, page 331. (s. 2)
DIVISION
I
CONDITIONS FOR THE ISSUE AND RENEWAL OF PERMITS
O.C. 728-87, Div. I
;
O.C. 1633-92, s. 1
.
1
.
A person required to hold a permit for one of the activities referred to in section 55.2 of the Animal Health Protection Act (chapter P-42) shall submit to the Minister of Agriculture, Fisheries and Food an application for a permit for each place where he intends to operate under his permit.
The application for a permit shall be accompanied by a postal money order or a cheque covering the permit fee made out to the Minister of Finance.
O.C. 728-87, s. 1
;
O.C. 1633-92, s. 2
;
O.C. 248-96, s. 1
.
2
.
The fees for permits for the activities referred to in section 55.2 of the Act are:
(
1
)
$73
for a permit to sell or supply a medicinal premix or a medicinal food;
(
2
)
$28.75
for a permit to prepare a medicinal food;
(
3
)
$35
for a permit to prepare a medicinal food or a medicinal premix;
(
4
)
$106
for a permit to sell, supply or prepare a medicinal premix or a medicinal food.
O.C. 728-87, s. 2
;
O.C. 1633-92, s. 2
;
O.C. 248-96, s. 2
.
3
.
The permit fees provided for in section 2 shall be increased on 1 April of each year on the basis of the rate of increase in the general Consumer Price Index for Canada for the period ending on 30 September of the preceding year, as determined by Statistics Canada.
The indexed fees shall be rounded off as follows:
(
1
)
where a fee is less than or equal to $35, it shall be increased or reduced to the nearest multiple of $0.25;
(
2
)
where a fee is greater than $35, it shall be increased or reduced to the nearest dollar.
The Minister of Agriculture, Fisheries and Food shall inform the public, through Part 1 of the
Gazette officielle du Québec
or by such other means as the Minister considers appropriate, of the indexing calculated under this section.
O.C. 728-87, s. 3
;
O.C. 1633-92, s. 2
;
O.C. 248-96, s. 3
.
4
.
The holder of a permit shall not be reimbursed for the fee for the issue or renewal of the permit, or for a part thereof.
O.C. 728-87, s. 4
;
O.C. 1633-92, s. 2
.
4.1
.
A person applying for a permit shall enclose the following documents with the application, where applicable:
(
1
)
a description of the premises and of the equipment that comes into contact with a medicine, a medicinal premix or a medicinal food, in the form in Schedule II;
(
2
)
an inspection report signed by a member of a professional order referred to in the first paragraph of sections 9 and 21, in the form in Schedule III.
O.C. 1633-92, s. 2
.
4.2
.
The holder of a permit wishing to renew the permit shall submit to the Minister, not less than 60 days before the date of expiry of the permit, an application for renewal.
O.C. 1633-92, s. 2
;
O.C. 248-96, s. 4
.
4.3
.
Upon receipt of an application for permit renewal, of payment of the permit fee and, where applicable, of the inspection reports provided for in sections 9 and 21, the Minister shall renew the permit, provided that, where applicable, the applicant has declared on his application any change in the information and documents supplied in accordance with section 4.1.
O.C. 1633-92, s. 2
;
O.C. 248-96, s. 5
.
4.4
.
A permit issued or renewed by the Minister shall state the name and address of the holder, the permit number, the activity authorized under the permit, the dates of issue and expiry of the permit and, where applicable, the place of operation covered by the permit, as well as the conditions, restrictions and prohibitions imposed by the Minister under section 55.28 of the Act.
O.C. 1633-92, s. 2
.
4.5
.
An application for a permit and an application for permit renewal shall be made in writing and shall contain the following information:
(
1
)
the applicant’s name, address, telephone number and, where applicable, fax number; that information is also required from the applicant’s representative, if any;
(
2
)
where applicable, the applicant’s business number in the enterprise register registered under the Act respecting the legal publicity of enterprises (chapter P-44.1);
(
3
)
the name under which the establishment is operated;
(
4
)
the address of the place of operation;
(
5
)
the nature and class of the permit applied for;
(
6
)
the applicant’s signature or the signature of his duly authorized representative.
O.C. 248-96, s. 6
.
DIVISION
II
STANDARDS OF ORGANIZATION, MAINTENANCE AND OPERATION
O.C. 1633-92, s. 3
.
§
1
. —
Permit for sale, supply and preparation of medicinal premixes or medicinal foods
O.C. 728-87, Div. I, Sd. 2
;
O.C. 1633-92, s. 3
;
O.C. 728-94, s. 1
.
5
.
The holder of a permit must use for preparation of a medicinal premix or medicinal food equipment made of non-rotting, waterproof, non-toxic materials.
The equipment must be so designed that no residue is left after use, and the permit holder must see that any parts of the equipment coming into contact with a medicine, a medicinal premix or a medicinal food can be inspected from the interior.
O.C. 728-87, s. 5
.
6
.
The holder of a permit shall clean any part of the equipment that came into contact with medicines, medicinal premixes or medicinal foods before reusing the equipment to prepare foods without medicine, or medicinal premixes or medicinal foods containing different medicines from those used in the preceding preparation.
O.C. 728-87, s. 6
.
7
.
The holder of a permit must keep in good operating condition the equipment used by him in the preparation of a medicinal premix or a medicinal food on the premises where he operates under such permit.
O.C. 728-87, s. 7
.
8
.
The holder of a permit shall use equipment providing homogeneous distribution in a medicinal premix or in a medicinal food of substances having a content of less than 5% by weight of the medicinal premix or 2% by weight of the medicinal food.
The distribution of substances is homogeneous when the coefficient of variation of the concentration of any of the substances in several parts of the medicinal premix or the medicinal food is less than 5% in the case of a medicinal premix and 10% in the case of a medicinal food.
The coefficient of variation shall be determined according to the method described in Division III.
O.C. 728-87, s. 8
.
8.1
.
The holder of a permit may not prepare a medicinal food using equipment with continuous batch feeding, except where a medicinal premix is being used in quantities greater than 20 kg per tonne of prepared medicinal food.
O.C. 728-94, s. 2
.
9
.
The holder of a permit shall have his equipment inspected semi-annually from the date his permit is issued by a member of a professional order defined in section 1 of the Professional Code (chapter C-26) practising in an area related to the production of medicinal premixes or medicinal foods or to inspection of equipment covered by this Division to see that it is in accordance with the requirements prescribed by section 8, and must obtain a report of each inspection from such member in the form in Schedule III.
The inspection shall be carried out in accordance with the method described in Division III.
The holder of a permit shall send the semi-annual inspection reports to the Minister as soon as they are completed.
O.C. 728-87, s. 9
;
O.C. 1633-92, s. 4
.
10
.
The holder of a permit may not prepare, supply or sell a medicinal premix having a medicinal strength in each of its parts exceeding by more than 10% the strength prescribed by prescription of a veterinary surgeon or, failing that, by the Compendium of Medicating Ingredient Brochures published by Agriculture Canada, or less than the prescribed strength by more than 10%.
O.C. 728-87, s. 10
;
O.C. 1633-92, s. 5
;
O.C. 248-96, s. 7
.
11
.
The holder of a permit may not prepare, supply or sell a medicinal food having a strength in antibiotics of each of its parts exceeding by more than 25% the strength prescribed by prescription of a veterinary surgeon or, failing such prescription, by the Compendium of Medicating Ingredient Brochures published by Agriculture Canada, or less than the prescribed strength by more than 25%.
He may not prepare, supply or sell a medicinal food having a strength in any other medicine of each of its parts exceeding by more than 20% the strength prescribed by prescription of a veterinary surgeon or, failing such prescription, by the Compendium of Medicating Ingredient Brochures, or less than the prescribed strength by more than 20%.
O.C. 728-87, s. 11
;
O.C. 1633-92, s. 6
;
O.C. 248-96, s. 8
.
12
.
The holder of a permit shall take inventory semi-annually from the date on which his permit is issued of the medicines, medicinal premixes and medicinal foods in his possession.
O.C. 728-87, s. 12
;
O.C. 1633-92, s. 7
.
13
.
The holder of a permit shall keep the original or a copy of any prescription issued by a veterinary surgeon relating to the sale, supply or preparation of medicinal premixes or medicinal foods, as the case may be, containing a medication appearing on the list provided for in section 9 of the Veterinary Surgeons Act (chapter M-8); such original or a copy shall be kept from the date on which the prescription is issued for a period of 1 year following the date on which it is filled, including renewals.
O.C. 728-87, s. 13
;
O.C. 1633-92, s. 8
;
O.C. 728-94, s. 3
.
14
.
The holder of a permit shall obtain the vouchers for his purchases of medicines, medicinal premixes and medicinal foods and shall keep them for 2 years from the date of purchase.
He shall also draw up documents evidencing each sale or supply of medicinal premixes and medicinal foods made by him and shall keep a copy thereof for 2 years from the date of each sale or supply.
The vouchers for each sale or supply must indicate the name of the permit holder and the number of the permit, the name of the veterinary surgeon who prescribed the medicinal premix or the medicinal food, the name of the medicine, the number of his operating permit and the date of the prescription.
Where a medicinal premix is sold or supplied, the vouchers must indicate the permit number of the person to whom the medicinal premix is sold or supplied.
O.C. 728-87, s. 14
;
O.C. 728-94, s. 4
.
15
.
The holder of a permit shall keep in the place of operation covered by the permit the documents covered by sections 9 and 12 to 14.
O.C. 728-87, s. 15
.
16
.
The holder of a permit shall identify each lot of medicines, medicinal premixes and medicinal foods held by him and shall preserve them in a manner that avoids any chemical, biological or physical contamination of the products by keeping them away from direct sunlight and vermin in a dry, clean place.
He shall clean the containers and the premises used for storage or medicines, medicinal premixes or medicinal foods before storing different products there.
O.C. 728-87, s. 16
.
§
2
. —
Permit for sale or supply of medicinal premixes or medicinal foods
O.C. 728-87, Div. II
;
O.C. 1633-92, s. 10
.
16.1
.
The holder of a permit shall keep the documents referred to in sections 12 to 14 at the place of operation covered by the permit.
O.C. 1633-92, s. 10
;
O.C. 728-94, s. 5
.
16.2
.
Sections 12 to 14 and 16 apply, with the necessary modifications, to the holder of a permit to whom this Subdivision applies.
O.C. 1633-92, s. 10
;
O.C. 728-94, s. 6
.
§
3
. —
Permit for preparation of medicinal foods
O.C. 1633-92, s. 10
.
17
.
(Revoked).
O.C. 728-87, s. 17
;
O.C. 1633-92, s. 11
.
18
.
(Revoked).
O.C. 728-87, s. 18
;
O.C. 1633-92, s. 11
.
19
.
(Revoked).
O.C. 728-87, s. 19
;
O.C. 1633-92, s. 11
.
20
.
The holder of a permit shall use equipment that distributes homogeneously in a medicinal food substances having a strength of less than 2% by weight of the medicinal food.
The distribution of substances is homogeneous where the coefficient of variation of the concentration of any of the substances in several parts of the medicinal food is less than 10%.
The coefficient of variation is determined by the method prescribed in Division III.
O.C. 728-87, s. 20
.
21
.
The holder of a permit shall, annually, not less than 90 days before the expiry of his permit, have his equipment inspected by a member of a professional order defined in section 1 of the Professional Code (chapter C-26) practising in an area related to the production of medicinal premixes or medicinal foods or to the inspection of equipment covered by this Division, to certify that it is in accordance with the requirements prescribed by section 20, and shall require from the member an inspection report in the form in Schedule III.
The inspection shall be carried out in accordance with the method described in Division III.
O.C. 728-87, s. 21
.
22
.
The holder of a permit may not prepare a medicinal food having a strength in antibiotics of each of its parts exceeding by more than 25% the strength prescribed by prescription of a veterinary surgeon, or failing such prescription, by the Compendium of Medicating Ingredient Brochures published by Agriculture Canada, or having 25% less than that strength.
He may not prepare a medicinal food having a strength in any other medicine in each of its parts exceeding by more than 20% the strength prescribed by prescription of a veterinary surgeon, or, failing such prescription, by the Compendium of Medicating Ingredient Brochures, or having 20% less than that strength.
O.C. 728-87, s. 22
;
O.C. 1633-92, s. 12
;
O.C. 248-96, s. 9
.
23
.
The holder of a permit shall keep a copy of any prescription issued by a veterinary surgeon relating to the purchase of medicinal premixes or medicinal foods containing a medication appearing on the list provided for in section 9 of the Veterinary Surgeons Act (chapter M-8); such copy shall be kept for a period of 1 year following the date on which the prescription is filled, including renewals.
He shall also obtain vouchers for each purchase of medicinal premixes and medicinal foods made by him and shall keep such vouchers for 2 years from the date of the purchase.
O.C. 728-87, s. 23
;
O.C. 1633-92, s. 13
.
23.1
.
(Revoked).
O.C. 1633-92, s. 14
;
O.C. 728-94, s. 7
.
24
.
The holder of a permit shall keep in the place of operation covered by the permit the documents covered by sections 12, 21 and 23.
O.C. 728-87, s. 24
.
25
.
Sections 5 to 7, 8.1, 12 and 16 apply, with the necessary modifications, to the holder of a permit to whom this Subdivision applies.
O.C. 728-87, s. 25
;
O.C. 1633-92, s. 15
;
O.C. 728-94, s. 15
.
§
4
. —
Permit for preparation of medicinal foods or medicinal premixes
O.C. 1633-92, s. 16
.
25.1
.
Sections 5 to 8, 8.1, 10, 12, 16, 21 and 22 apply, with the necessary modifications, to the holder of a permit to whom this Subdivision applies.
O.C. 1633-92, s. 16
;
O.C. 728-94, s. 9
.
25.2
.
In addition to the requirements of section 23, the holder of a permit shall keep a copy of any prescription issued by a veterinary surgeon relating to the purchase of medications appearing on the list provided for in section 9 of the Veterinary Surgeons Act (chapter M-8) and used in the preparation of medicinal premixes; such copy shall be kept from the date on with the prescription is issued, for a period of 1 year following the date on which it is filled, including renewals.
He shall also obtain vouchers for each purchase of medications used in the preparation of medicinal premixes and shall keep such vouchers for 2 years from the date of purchase.
O.C. 1633-92, s. 16
.
25.3
.
The holder of a permit shall keep the documents referred to in sections 21, 23 and 25.2 at the place of operation covered by the permit.
O.C. 1633-92, s. 16
.
DIVISION
III
TAKING AND ANALYSIS OF SAMPLES
26
.
The homogeneous distribution of the substances covered by section 8 or 20 in a medicinal premix or a medicinal food is shown by the calculation of the coefficient of variation of the concentration of one of the substances in several parts of the medicinal premix or the medicinal food from the results of analysis of 9 samples taken from the medicinal premix or the medicinal food using the method described in this Division.
O.C. 728-87, s. 26
.
27
.
The coefficient of variation is the proportion that the standard deviation of the concentration of one of the substances in the medicinal premix or the medicinal food in each of the 9 samples of the premix or the food is of the average concentration of the substance in the 9 samples, expressed as a percentage and illustrated by the following formula:
C.V.
=
S
×
100
—
X
where C.V. = the coefficient of variation
S = the standard deviation of the concentration
and
X = the average concentration.
O.C. 728-87, s. 27
.
28
.
In the case of a medicinal premix, the 9 samples of not less than 100 g per sample shall be taken from a volume of medicinal premix corresponding to the maximum capacity of the mixer, at the level of the first opening available after mixing in the following manner:
Percentage of duration of emptying
Samples of medicinal premix
1st 5
2nd 15
3rd 25
4th 40
5th 50
6th 60
7th 75
8th 85
9th 95
O.C. 728-87, s. 28
.
29
.
In the case of a medicinal food, where the equipment used includes a mixer, the 9 samples of not less than 100 g per sample shall be taken from a volume of medicinal foods corresponding to the maximum capacity of the mixer, at the level of the first opening available after mixing in the following manner:
Percentage of duration of emptying
Samples of medicinal food
1st 5
2nd 15
3rd 25
4th 40
5th 50
6th 60
7th 75
8th 85
9th 95
O.C. 728-87, s. 29
.
30
.
In the case of a medicinal food, where the equipment used does not include a mixer, the 9 samples of not less than 100 g per sample shall be taken from a volume of 1,000 kg of medicinal food, at the level of the first opening available after the last operation of preparation and in the manner prescribed by section 29.
O.C. 728-87, s. 30
.
30.1
.
Every taking of samples shall give rise forthwith to the drawing-up of minutes, which shall be dated and signed by an authorized person. Such minutes shall bear the particulars indicated in the model prescribed in Schedule IV.
Seals shall be affixed to the sample container. Each sample shall be identified by a numbered tag bearing the particulars indicated in the model prescribed in Schedule V.
O.C. 1633-92, s. 18
;
O.C. 1829-93, s. 1
.
30.2
.
Each sample shall be sent for analysis to a laboratory of the Ministère de l’Agriculture, des Pêcheries et de l’Alimentation. The analysis report shall bear the particulars indicated in the model prescribed in Schedule VI.
Where the report concludes that the substances are homogeneously distributed in accordance with the coefficients of variation provided for in the third paragraph of section 8 or the third paragraph of section 20, the Minister shall inform the operator concerned.
O.C. 1633-92, s. 18
;
O.C. 1829-93, s. 2
.
DIVISION
III.1
INSPECTION AND ENFORCEMENT
O.C. 1633-92, s. 18
.
30.3
.
An authorized person who witnesses an offence against Division IV.1 of the Animal Health Protection Act (chapter P-42) or against this Regulation shall immediately draw up an offence report complying with the Regulation respecting the form of offence reports (chapter C-25.1, r. 2).
O.C. 1633-92, s. 18
;
O.C. 1829-93, s. 3
.
30.4
.
An authorized person shall affix a numbered and dated slip on any lot seized or confiscated under Division IV.2 of the Animal Health Protection Act (chapter P-42). In addition to the authorized person’s signature, such slip shall bear the particulars indicated in the model prescribed in Schedule VII.
Actions taken in respect of the seizure or confiscation of a product or equipment shall be recorded in minutes dated and signed by the authorized person and bearing the particulars indicated in the model prescribed in Schedule VII.1.
O.C. 1633-92, s. 18
;
O.C. 1829-93, s. 3
.
30.5
.
Release from seizure shall be granted in writing by any authorized person where any of the situations provided for in section 55.20 of the Animal Health Protection Act (chapter P-42) occurs or where the seized items must be returned under another Act.
Such release shall be dated and signed by the authorized person and shall bear the particulars indicated in the model prescribed in Schedule VIII.
O.C. 1633-92, s. 18
;
O.C. 1829-93, s. 3
.
30.6
.
All minutes shall be drawn up in triplicate in accordance with the model prescribed in Schedule IV or VII.1, as the case may be.
The first copy shall be forwarded by the authorized person within 24 hours to the Ministère de l’Agriculture, des Pêcheries et de l’Alimentation. A copy shall be left with the owner or person having possession of the samples taken or the items seized, destroyed or confiscated, or with his representative, or with the person having custody of the items seized or confiscated and, where applicable, with the representative of the carrier. A copy shall be kept by the authorized person.
O.C. 1829-93, s. 3
.
DIVISION
IV
(Revoked)
O.C. 728-87, Div. IV
;
O.C. 1633-92, s. 19
.
31
.
Any person contravening any of sections 5 to 16.2 and sections 20 to 30 shall be subject to the penalties prescribed by section 55.43 of the Animal Health Protection Act (chapter P-42).
O.C. 728-87, s. 31
;
O.C. 1633-92, s. 20
;
O.C. 1829-93, s. 4
.
32
.
(Omitted).
O.C. 728-87, s. 32
.
SCHEDULE I
(Revoked)
O.C. 728-87, Sch. I
;
O.C. 1633-92, s. 21
;
O.C. 728-94, s. 10
;
O.C. 248-96, s. 10
.
SCHEDULE II
(
s. 4.1
)
DESCRIPTION OF PREMISES AND EQUIPMENT
DESCRIPTION OF PREMISES AND EQUIPMENT
Animal Health Protection Act (chapter P-42)
(Regulation respecting medicinal premixes and medicinal foods for animals; chapter P-42, r. 10)
1. OPERATOR
A. Name of operator
B. Address of operator
Postal code Telephone
C. Name and address of place of operation
2. DESCRIPTION OF EQUIPMENT IN CONTACT WITH ANY FORM OF MEDICINE
Type of apparatus
(Mixer, hopper, conveyor, etc.) Nature of material Non-putrescible, waterproof and non-toxic Interior inspection
Yes No Yes No
3. DESCRIPTION OF MIXING EQUIPMENT*
Type of apparatus Maximum capacity
Make Type of emptying
Model Emptying time Sec.
Serial No. Speed RPM
*Describe all mixing equipment used.
4. DESCRIPTION OF SCALES*
Make Maximum capacity
Model Smallest unit
Type Primary use
*Describe all scales used.
5. DESCRIPTION OF PREMISES AND STORAGE CONTAINERS
Storage area/container Nature of material Capacity Non-putrescible, waterproof and non-toxic Protected from sunlight Protected from vermin
Yes No Yes No Yes No
6. DECLARATION
I declare that the information given above is true. In witness whereof, I have signed this form.
Name Signature
RESERVED FOR DEPARTMENT USE
Checked by
O.C. 728-87, Sch. II
;
O.C. 1633-92, s. 21
.
SCHEDULE III
(
ss. 4.1, 9 and 21
)
REPORT ON INSPECTION OF EQUIPMENT
REPORT ON INSPECTION OF EQUIPMENT
(HOMOGENEITY OF MEDICINAL MIX)
Animal Health Protection Act (chapter P-42)
(Regulation respecting medicinal premixes and medicinal foods for animals; chapter P-42, r. 10)
N.B. An inspection must be done on every piece of mixing equipment used and a report drawn up for each such piece of equipment.
1. Name of operator
Address of operator
Postal Code Telephone
2. Name and address of place of operation
3. DESCRIPTION OF EQUIPMENT AND ANALYTIC METHOD USED
A) Serial No., make and model
B) Type of mix: Medicinal premix c Medicinal food c
C) Substance used for test
D) Proportion used (kg/tonne, %)
E) Place where sampled
F) Mixing time (min., sec.)
(Measured between addition of last ingredient and beginning of emptying)
4. RESULTS OF LABORATORY ANALYSIS
Name of laboratory
Analytic method used
Samples # 1 # 4 # 7
# 2 # 5 # 8
# 3 # 6 # 9
Average Coefficient of variation (CV) %
5. SAMPLING METHOD (Check sampling method used)
I hereby certify that the sampling of the premix or food was conducted using the method described in the Regulation respecting medicinal premixes and medicinal foods for animals.
c Section 28. In the case of a medicinal premix, 9 samples of not less than 100 g per sample shall be taken from a volume of medicinal premix corresponding to the maximum capacity of the mixer, at the level of the first opening available after mixing in the following manner:
Samples Percentage of duration of emptying of medicinal premix or food
1st 5
2rd 15
3rd 25
4th 40
5th 50
6th 60
7th 75
8th 85
9th 95
c Section 29. In the case of a medicinal food, where the equipment used includes a mixer, the 9 samples of not less than 100 g per sample shall be taken from a volume of medicinal foods corresponding to the maximum capacity of the mixer, at the level of the first opening available after mixing and in the manner provided for above.
c Section 30. In the case of a medicinal food, where the equipment used does not include a mixer, the 9 samples of not less than 100 g grams per sample shall be taken from a volume of 1,000 kg of medicinal food, at the level of the first opening available after the last operation of preparation and in the manner provided for above.
6. PERSON IN CHARGE OF INSPECTION
Name Telephone
Address Postal code
Occupation No. of permit issued by professional order
Signature Date of inspection
RESERVED FOR DEPARTMENT USE
Checked by
Original - Ministère
O.C. 728-87, Sch. III
;
O.C. 1633-92, s. 21
;
O.C. 728-94, s. 10
.
SCHEDULE IV
(
ss. 30.1 and 30.6
)
SAMPLING MINUTES
SAMPLING MINUTES
pursuant to: * Animal Health Protection Act (chapter P-42, s. 55.15)
* Marine Products Processing Act (chapter T-11.01, s. 45, par. 5)
* Other Act
Name and address of person in charge Report No.
A- REASONS FOR ACTIONS TAKEN
Considering the reasons mentioned in offence report No. respecting
(name and address of person concerned)
dated , I took the samples described in the document attached hereto, to be shipped or delivered, at room temperature *, refrigerated * or frozen *, on at _________o’clock by
to the * Laboratoires d’expertise et d’analyses alimentaires or * Laboratoire de
(means of transport)
pathologie animale. Seals are affixed to the sample containers. Project No. At the time of the swabbing, the surface used was cm2.
B- SAMPLING (Method and procedures used - representativeness of the sample, etc.)
C- DESCRIPTION AND CHARACTERISTICS OF THE SAMPLE
In addition to the record number and the name and address of the person concerned, I indicated, on the document attached hereto, the data and characteristics that I have personally observed in respect of each sample, particularly the place where the sample was taken, its number, the seal number, nature of the product, trademark, number of the lot to which it belongs, quantity taken, temperature of the sample when it was taken and, where applicable, the date on which the sample product was packaged, its "best before" expiry date or any other information likely to prove the authenticity of the sample.
Made in triplicate at * Document(s) attached
(place)
SIGNATURES
I have personally observed the facts and taken the actions mentioned in *A *B *C I have personally observed the facts and actions mentioned in *A *B *C
Authorized person Authorized person
Surname and given names (in block letters) Surname and given names (in block letters)
Authorized person’s No. or position Authorized person’s No. or position
Signature Signature
(Form prescribed by regulation to be used as documentary evidence)
O.C. 1633-92, s. 21
;
O.C. 1829-93, s. 5
.
SCHEDULE V
(
s. 30.1
)
SAMPLING TAG
SAMPLING TAG
pursuant to: * Animal Health Protection Act (chapter P-42, s. 55.15)
* Marine Products Processing Act (chapter T-11.01, s. 45, par. 5)
* Other Act
Minutes No. Sampling No.
(Product or object)
(Owner * Possessor *)
(Signature of authorized person)
O.C. 1633-92, s. 21
;
O.C. 1829-93, s. 5
.
SCHEDULE VI
(
s. 30.2
)
ANALYSIS REPORT
ANALYSIS REPORT
pursuant to: * Animal Health Protection Act (chapter P-42, s. 55.15)
* Marine Products Processing Act (chapter T-11.01, s. 45, par. 5)
* Other Act
Name and address of person in charge Report No.
A- INFORMATION ON SAMPLES
Project No. Sampling minutes No.
Application for analysis No. dated
Offence report No. signed by
Seals No. Samples No.
PERSON NAMED IN MINUTES
(name and address)
B- DESCRIPTION OF SAMPLES TO BE ANALYSED
(quantity, nature of sample - product or animal species - and others)
C- CONDITIONS OF SAMPLES AND SEALS ON RECEIPT
The samples, shipped * or delivered * to the laboratory by have been received
on by , in good condition, at room temperature *, refrigerated * or frozen *, in closed containers, with unbroken seals affixed thereto, the whole in relation to the above-mentioned minutes.
D- BREAKING OF SEALS AND PRESERVATION OF SAMPLES BEFORE ANALYSIS
I broke the seals affixed to the sample containers and I forwarded the samples to a room to be kept at room
temperature *, refrigerated * or frozen * until the analysis.
E- ANALYSIS AND FINDINGS
(Remarks of a scientific nature according to professional practice in that matter - operations - findings)
On , I analysed the samples described in B and, on the basis of the data and results that I have personally observed and written on the document attached hereto, I submit the following findings:
F- CONCLUSIONS
Made in triplicate at R Document(s) attached
(place)
SIGNATURES
I have personally observed the facts, actions and conclusions mentioned in *A *B *C *D *E *F I have personally observed the facts and actions mentioned in *A *B *C *D *E *F
Person authorized to act as analyst for the purposes of the Act Person authorized to act as analyst for the purposes of the Act
Surname and given names (in block letters) Surname and given names (in block letters)
Specialty Specialty
Signature Signature
(Form prescribed by regulation to be used as documentary evidence)
O.C. 1633-92, s. 21
;
O.C. 1829-93, s. 5
.
SCHEDULE VII
(
s. 30.4
)
SEIZURE – CONFISCATION
SEIZURE
pursuant to: * Animal Health Protection Act (chapter P-42, s. 55.15)
* Marine Products Processing Act (chapter T-11.01, s. 45, par. 5)
Slip No.: ____________________________
Animals * products * objects * ou equipment *
(number/quantity, nature/species)
in the custody of
Minutes No.
Made at on
(place)
Authorized person
Address Telephone
N.B. s. 55.19: "No person may use or remove what has been seized or allow it to be used or removed without the authorization of the veterinary surgeon, inspector or analyst". (chapter P-42)
s. 39: "No person may use, remove or allow the removal of a marine product or object seized unless authorized by the inspector". (chapter T-11.01)
CONFISCATION
pursuant to: * Animal Health Protection Act (chapter P-42, s. 55.15)
* Marine Products Processing Act (chapter T-11.01, s. 45, par. 5)
Slip No.: ____________________________
Animals * products * objects * or equipment *
(number/quantity, nature/species)
in the custody of
Minutes No.
Made at on
(place)
Authorized person
Address Telephone
N.B. s. 55.25: "Where an inspector believes on reasonable grounds that there is in an establishment contemplated in section 30 an infirm animal or an animal affected with a contagious or parasitic disease, he may prohibit the sale of the animal and confiscate it to have it destroyed at the expense of the person having possession of it, as the Minister may direct". (chapter P-42)
O.C. 1633-92, s. 21
;
O.C. 1829-93, s. 5
.
SCHEDULE VII.1
(
s. 30.4
)
MINUTES
MINUTES
* SEIZURE * DESTRUCTION * CONFISCATION
pursuant to: * Animal Health Protection Act (chapter P-42, s. 55.15)
* Marine Products Processing Act (chapter T-11.01, s. 45, par. 5)
* Other Act
Name and address of person in charge Report No.
A- REASONS FOR ACTIONS TAKEN
Considering the * offence resort No. drawn up on
* seizure minutes bearing the same number and date:
* analysis report No. dated
* judge’s or court’s order to destroy or confiscate dated
* notice to destroy mentioned in minutes No. dated
* _________________________________________________________________________________
Concerning
(name and address of person concerned)
B- NATURE OF ACTIONS TAKEN
I seized from * I gave the notice to destroy to * I confiscated from *
(Name and address of the person who must destroy or from whom items have been seized or confiscated)
on ,at o’clock, the following products *, animals *, objects *, equipments or vehicles:
on the grounds of the offence report *, seizure minutes *, analysis report *, order *, notice of destruction *, or any other reason * indicated in A.
C- DESTRUCTION UNDER SUPERVISION OR CONFISCATION IN CASE OF REFUSAL
* The following objects have been destroyed under my supervision
* I confiscated the following items because the possessor *, owner * or custodian * refused to destroy them:
D- SEIZURE OR CONFISCATION SLIPS
I affixed to those products *, animals * or lots *, seizure * or confiscation * slips, bearing the numbers:
I entrusted custody of the seized item, in accordance with the Act, to
(name and address of owner, possessor or custodian)
who cannot dispose of it or allow it to be removed without the consent of an authorized person.
E- OTHER OBSERVATIONS
Made in triplicate at Given to
(place) * Document(s) attached
SIGNATURES
I have personally observed the facts and taken the actions mentioned in *A *B *C *D *E I have personally observed the facts and actions mentioned in *A *B *C *D *E
Authorized person Authorized person
Surname and given name (in block letters) Surname and given name (in block letters)
Authorized person’s No. or position Authorized person’s No. or position
Signature Signature
(Form prescribed by regulation to be used as documentary evidence)
O.C. 1829-93, s. 5
.
SCHEDULE VIII
(
s. 30.5
)
RELEASE
RELEASE
* TOTAL * PARTIAL
pursuant to: * Animal Health Protection Act (chapter P-42, s. 55.15)
* Marine Products Processing Act (chapter T-11.01, s. 45, par. 5)
Name and address of person in charge Report No.
Considering seizure carried out on
(Minutes No.)
pursuant to the above mentioned Act, on
(animals, products, projects or equipment)
then in the possession of
(name and address)
and presently in the custody of
(name and address
Considering that, since the date of the seizure and after verification, it appears that, in respect of the items listed below:
* the animals *, products *, objects * or equipment * comply with the Act;
* the owner *, possessor * or custodian * has complied with the Act;
* the time period prescribed in the Act to institute proceedings is expired;
* the seized items must be returned under another Act;
Therefore, a release of the seizure is granted on:
(animals, products, objects or equipment)
Made in triplicate at on
(place)
(signature of authorized person)
(address)
(telephone) (fax)
O.C. 1633-92, s. 21
;
O.C. 1829-93, s. 5
.
REFERENCES
O.C. 728-87, 1987 G.O. 2, 1725
O.C. 1633-92, 1992 G.O. 2, 5029
O.C. 1829-93, 1993 G.O. 2, 7005
O.C. 728-94, 1994 G.O. 2, 2060
S.Q. 1994, c. 40, s. 457
O.C. 248-96, 1996 G.O. 2, 1524
S.Q. 2010, c. 7, s. 282
S.Q. 2010, c. 40, s. 92
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