Proposed Deadstock Regulation Posted on the Environmental Registry

The Ministry of Agriculture, Food and Rural Affairs (OMAFRA) and the Ministry of the Environment (MOE) are proposing to replace the current legislative framework regulating the management and disposal of deadstock.

The Dead Animal Disposal Act (DADA) and its regulation will be repealed and it will be replaced with two new regulations - one under the Food Safety and Quality Act, 2001 (FSQA) will address off-farm disposal of deadstock and the other under the Nutrient Management Act, 2002 (NMA) will address on-farm disposal.

The proposed new regulation under the NMA applies to operators who own or control farm operations. This regulation would apply to all farm operations, regardless of the requirement to have a nutrient management strategy or plan under O. Regulation 267/03. The purpose of introducing standards for on-farm disposal of deadstock is to protect the environment and provide some separation between deadstock and live animals.

This proposed regulation sets out requirements for the disposal of not only cattle, goats, sheep, horses and swine as per the DADA, but also deer, elk, alpacas, llamas, bison, yaks, donkeys, ponies, rabbits, poultry and fowl, ratites, and fur bearing animals.

Acceptable means of disposal include burial, incineration, composting, disposal vessels, collection by a licensed collector, anaerobic digestion, delivery to a waste disposal site approved under the Environmental Protection Act, delivery to a disposal facility as defined under the FSQA, or delivery to a licensed veterinarian for post mortem. If an operator chooses to bury, incinerate, or compost, the regulation establishes requirements to minimize impacts on the environment. Minimum separation distances have been established from livestock housing facilities; field drainage tiles; residential and commercial lands; surface water; bedrock and aquifers; wells including municipal wells and floodplains. For each disposal option there are specific operating requirements that must be met in order to safely dispose of the dead farm animal and there are limitations on the volume of deadstock being disposed.

In the event of an emergency where the operator believes that it is not possible to comply with the NMA requirements with respect to storage, disposal or transportation of the dead farm animals, then the operator can apply for the approval of the Director to arrange for disposal that would not otherwise meet the requirements of the regulation. The Director will decide each case individually weighing the circumstances and the potential threat to the environment if an alternate method of disposal is used.

The EBR posting can be found here : http://www.ebr.gov.on.ca/ERS-WEB-External/displaynoticecontent.do?noticeId=MTA0NzY2&statusId=MTU2OTAx&language=en

Please note that formal comments should be submitted through the EBR process. The comment period ends on December 5, 2008.