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Ingersoll Dairy Farmer Fined under Animal Welfare Legislation

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Ingersoll Dairy Farmer Fined under Animal Welfare Legislation

An Ingersoll dairy farmer pleaded guilty and was fined $3,125 for violating a provincial law that protects animals.

On May 4, 2017, Jan Kappers of Ingersoll pleaded guilty in the Woodstock Provincial Offences Court to two charges in violation of Ontario Regulation 105/09 (Disposal of Deadstock) under the Food Safety and Quality Act, 2001. Mr. Kappers was responsible for the care of and had control over a fallen animal and failed to promptly kill it, or arrange for it to be killed, in a humane manner. The farmer also moved the fallen animal before it was killed.

On September 21, 2016, Mr. Kappers, owner of Olspank Dairy Inc., transported four of his cows to a provincially licensed auction market. One cow was examined by a veterinarian appointed by the Ministry of Agriculture, Food and Rural Affairs. The veterinarian found the animal to be suffering from severe inflammation. Based on the examination, the veterinarian deemed the cow to be a fallen animal. It was concluded that the animal should not have left the farm, and should have received treatment or have been humanely euthanized on the farm.

Justice of the Peace F. Michael McMahon ordered Mr. Kappers to pay a fine of $2,500 plus a Victim Fine Surcharge of $625 for a total of $3,125 for the first count of failing to promptly kill a fallen animal or arrange for it to be killed, in a humane manner. Mr. Kappers received a suspended sentence on the second count of moving a fallen animal before it was killed.

Help Us Enforce the Law

Anyone with information regarding potential violations of provincial food and inspection legislation is asked to contact the OMAFRA Regulatory Compliance Unit at (519) 826-4537 or toll-free at 1-888-466-2372 ext. 5198264537.

Quick Facts

  • OMAFRA is committed to a strong animal welfare system and supports industry in their development of scientifically informed codes of practice, humane handling and humane slaughter.
  • Ontario Regulation 105/09 (Disposal of Deadstock) of the Food Safety and Quality Act, 2001 states that the person who has care of and control over a fallen animal shall humanely euthanize it. One of the primary purposes of the Disposal of Deadstock regulation is to prevent inhumane treatment of animals, and to ensure that sick and diseased animals are not sold where they are likely to be presented for slaughter for human consumption.
  • Ontario Regulation 105/09 also prohibits a fallen animal from being moved before it is killed.
  • A fallen animal is an animal listed in the regulation that has been disabled by disease, emaciation or another condition that is likely to cause its death. The part of the regulation related to fallen animals exists to prevent inhumane treatment of animals, and to ensure that sick and diseased animals are not sold and slaughtered for distribution into the human food chain.
  • Penalties for an individual convicted of a provincial offence under this Act may include: a fine of up to $25,000 for a first conviction and up to $50,000 for each subsequent conviction (for each day or part of a day on which the offence occurs or continues); imprisonment for no more than two years; or both a fine and imprisonment as stated in s. 46 of the Food Safety and Quality Act, 2001.

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