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Padron
01-26-2017, 12:56 AM
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
01-26-2017, 01:24 AM
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 wildlife21 (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(2) [Repealed 1999-24-6.]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 wildlife22 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
01-26-2017, 01:35 AM
I would say a big no to that.

"No Choke"Lord Walsingham
01-26-2017, 01:36 AM
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
01-26-2017, 07:27 AM
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
01-26-2017, 07:48 AM
Personal use only.....

bacon_overlord
01-26-2017, 10:31 AM
Whole different issue also on whether selling a home made product for public consumption without agriculture Canada inspection an permits too...

325
01-26-2017, 11:19 AM
Don't start a market for that. Enough market hunting in BC as it is.

AgSilver
01-26-2017, 11:34 AM
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
01-26-2017, 11:40 AM
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

Walking Buffalo
01-26-2017, 01:07 PM
Bear fat USED to be a big commercial seller, all the silky soft ladies were using it....

If legal, Bear Penis tea would be a "big" seller too.

Sambor
01-26-2017, 01:34 PM
Bear fat USED to be a big commercial seller, all the silky soft ladies were using it....

If legal, Bear Penis tea would be a "big" seller too.

Bear fat was used to be a preferred lube for muzzleloaders in 1700-1800's. I don't remember the reasoning, but it was highly desired and very expensive. I read stories, where commercial hunters shot 200 and more black bears annually for meat, hide and grease.

Bonz
01-26-2017, 01:37 PM
its my best boot waterproofing lol

"No Choke"Lord Walsingham
01-26-2017, 04:59 PM
Based on that, if we turned meat into pepperoni (i.e. a finished product), could it then be sold to consumers?It's not the same issue at all. Meat is meat whether it's pepperoni or a cooked roast. Sale of meat is prohibited in the ordinary way of things, for BCRH and G/O's and their clients.
There's an exemption for craft products. What OP describes fits in that category with the possible exception of "Bear lard for baking".

That said, I personally do not offer any products for sale and have uses for all the Bear lard I get. None available nor any intentions to ever make it so. It's great stuff!

Bonz
01-26-2017, 05:14 PM
so an exemption for "craft" would that include bear claws and rugs? far as c.o.told me i need punched tags to sell that, even posses them

elknut
01-26-2017, 05:20 PM
Why not ask the CO's or visit the MOE in your area ..I think they would answer your question and give you safe advice ..Just my two bits ...Dennis

"No Choke"Lord Walsingham
01-26-2017, 05:32 PM
so an exemption for "craft" would that include bear claws and rugs? far as c.o.told me i need punched tags to sell that, even posses themNo. If you legally possessed a hide for instance and cut up the hide, using it as moccasin liners or what have you then it would meet the exemption.

BCCOS will always tell you everything's illegal unless it is obviously not. Hard to go to the MOE when that doesn't exist as a thing - MFLNROD. Another expensive name change by gov't! Anyhow this is internet fun. I doubt OP intends to do anything other than create an entertaining thread.

Bonz
01-26-2017, 05:32 PM
thats what ive done. had to. get so many diff opinions from the net. front office bc has the list of permits on their web page also