Legal Question Regarding Bear Fat

[Padron]

I have two questions for the armchair lawyers in the crowd...

First, is it legal to purchase bear fat/lard/oil from hunters?

Second, is it legal to use that fat in a commercial product sold in other provinces/states?

For example, lets say somebody wanted to sell bear lard for baking, or a skin cream containing bear fat.

Thoughts?

Thanks.

[AgSilver]

Well, I'm not much of an armchair lawyer, but...I'd just look at the Wildlife Act (however, you've probably already done that, which is why you're asking, as it's remarkably unspecific on this issue)

First, we should look at sections 21 and 22 as they most closely address your questions:

Import and export of wildlife

21 (1) Except as authorized by a permit issued under this Act or under the Convention on International Trade in Endangered Species of Wild Fauna and Flora, a person commits an offence if the person
(a) imports into British Columbia live wildlife, or the egg of a wildlife species, or
(b) exports out of British Columbia wildlife or parts of them, or the egg of a wildlife species.
(2) [Repealed 1999-24-6.]

Trafficking in wildlife

22 A person who traffics in live wildlife or wildlife meat, except as authorized by regulation or a permit, commits an offence.


Your second question is pretty clearly answered in s.21(1)(b) (i.e. that it's an offence, without permit, to export "part of" wildlife...and I think you'd be hard pressed to argue that bear fat is not part of the wildlife. Now if you're just talking about something made with bear fat? Different question and probably into more manufacturing / processing laws not found within the W.A. Where to look? Not sure, sorry.

Your first question probably falls under trafficking, although the wording in s.22 of the W.A. only references "meat" but then doesn't go on to define meat. For the moment, best to assume that fat would be considered meat as it's "edible" (although not defined as an "edible portion" in the regulations).

S.17.03 of the General Regulation would exempt you from s.21 being a penalty section:

Sale of wildlife meat under permit

17.03

(1) A person who holds a permit under section 2 (f) (i) of the Permit Regulation, B.C. Reg. 253/2000, is exempt from section 21 of the Act for the purpose of exporting meat sold under the authority of the permit.
(2) A person buying wildlife meat from or selling wildlife meat to a person who holds a permit under section 2 (f) of the Permit Regulation, B.C. Reg. 253/2000, is exempt from
(a) section 22 of the Act,
(b) section 37 of the Act, and
(c) section 21 of the Act,
for that purpose.




But then what?

I dunno, it's late, but it's a good start, at least.

[Gateholio]

I would say a big no to that.

["No Choke"Lord Walsingham]

What Lawyer isn't in an armchair? Seriously now, Sunday morning armchair QB makes sense yet not that.

Anyhow - I am no such either yet either of these things is legal as rendered lard and a product which includes that as an ingredient are both completed products and are not Wildlife nor Wildlife Parts. Neither are they meat nor anything else covered under the act.
It is legal to find sheds or utilize antlers from an animal you've taken then carve them into keychains, knife handles or what have you and sell them at the Farmer's market. These are not subject to the Wildife Act et al as they are a finished product. The items in question here are likewise.

P.S. - This post does not constitute legal advice. Any and all of my postings online are for entertainment purposes only.
Furthermore - In the general way of things, if something may be deemed legally nebulous or perhaps a regulatory violation the best approach and most frequent tact taken by posters is to not engage and/or say it's illegal.

[Bonz]

i do see web sites out there selling this stuff in diff products. i dont see any in canada though, all seem usa or russia

id think it comes down to a permit. and if they concider fat part of the edible portion of meat, it may be on the outter of the meat, so in a way different, but it also marbles our meat within it. so where do they draw the line in what fat is ok and what isnt? if at all.
their may be something in this about whats food products vs non food to..just assumptions here.


i usualy find my permit info here.

http://www.env.gov.bc.ca/pasb/fw_permreg.html

[Leaseman]

Personal use only.....

[bacon_overlord]

Whole different issue also on whether selling a home made product for public consumption without agriculture Canada inspection an permits too...

[325]

Don't start a market for that. Enough market hunting in BC as it is.

[AgSilver]

What Lawyer isn't in an armchair? Seriously now, Sunday morning armchair QB makes sense yet not that.

Anyhow - I am no such either yet either of these things is illegal as rendered lard and a product which includes that as an ingredient are both completed products and are not Wildlife nor Wildlife Parts. Neither are they meat nor anything else covered under the act.
It is legal to find sheds or utilize antlers from an animal you've taken then carve them into keychains, knife handles or what have you and sell them at the Farmer's market. These are not subject to the Wildife Act et al as they are a finished product. The items in question here are likewise.

P.S. - This post does not constitute legal advice. Any and all of my postings online are for entertainment purposes only.
Furthermore - In the general way of things, if something may be deemed legally nebulous or perhaps a regulatory violation the best approach and most frequent tact taken by posters is to not engage and/or say it's illegal.

Based on that, if we turned meat into pepperoni (i.e. a finished product), could it then be sold to consumers?

[Bonz]

you dont need a permit of some sort to sell antler dog chews? id though they would want to make sure its clean and free of issues to possibly be spread.
crazzy prices they fetch to for the size..lol