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Arkona Trucking Company and Wyoming Farmer Fined Under Food Safety Legislation

Court Bulletin

Arkona Trucking Company and Wyoming Farmer Fined Under Food Safety Legislation

An Arkona trucking company and Wyoming farmer pleaded guilty and were each fined $2,500 for violating a provincial law that regulates the disposal of deadstock.

On June 9, 2017, Ontario Business Corporation 1342823 o/a Ernie Herrington Excavating, Trucking and Sanitation Ltd. of Arkona, and Mike Huybers of Wyoming pleaded guilty in the Sarnia Provincial Offences Court to one charge each of violating Ontario Regulation 105/09 (Disposal of Deadstock) under the Food Safety and Quality Act, 2001.

On January 31, 2017 there was a large barn fire at a Wyoming, ON farm which resulted in a large volume of deadstock. Over the following few days both the farm owner, Mr. Huybers, and the Arkona Trucking Company spoke with Ontario Ministry of Agriculture, Food and Rural Affairs' staff. 

Mr. Huybers was informed that a licensed deadstock collector must be used to dispose of the deadstock, and was provided with a list of names of licensed deadstock collectors.  Mr. Huybers did not select a licensed deadstock collector from the list provided and failed to ensure the collector he did use was licensed.  On February 2, 2017, a representative from the trucking company contacted the ministry to inquire about licensing. On February 4 and 6, 2017, without having obtained the required licence, Ernie Herrington Excavating, Trucking and Sanitation transported a total of 11 dump truck loads of deadstock from Mr. Huybers' farm to  landfill.  

Justice of the Peace Marsha Miskokomon ordered Ernie Herrington Excavating, Trucking and Sanitation to pay a fine of $2,000 plus a Victim Fine Surcharge of $500 for a total of $2,500 for one count of disposing of deadstock contrary to  subsection 5 (1) of the Ontario Regulation 105/09, as amended. Mr. Huybers was ordered to pay a fine of $2,000 plus a Victim Fine Surcharge of $500 for a total of $2,500 for one count of disposal of deadstock, to wit counselling the commission of the offence, contrary to subsection 5 (1) of the Ontario Regulation 105/09, as amended.

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

  • The proper management of dead animals is crucial to maintaining public confidence in Ontario's food production and food safety systems.
  • Ontario Regulation 105/09 (Disposal of Deadstock) under the Food Safety and Quality Act, 2001, governs the disposal of deadstock.
  • An important function of the Regulation is to ensure that livestock that die are disposed of in a manner that protects human and animal health and minimizes environmental impacts.
  • The Regulation specifies who may collect or receive deadstock for disposal, specifies who must be licensed and sets out the methods of disposal. The Regulation requires anyone in the business of collecting deadstock to be licensed.

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