Third Party Wild Game Spoilage - Legality

This past fall I was out hunting a property where a few other hunters were given permission as well. I was recently talking to them about their success and found that each of them had harvested a deer as per their tag (whether doe or buck). However, they mentioned that they typically use a butcher who processes their wild game for them, and that this year was disappointing to say the least.

Essentially what had been explained to me, was that the harvested deer had been dressed and taken in for butchering. What apparently happened was that the butcher had processed the deer, and hadn't moved the meat into the walk-in fridge for holding until pick up. The meat then spoiled from having been left out, 3 deer total. I haven't had any updates regarding the results and do not have information on the butcher that they had been using. I am under the impression that they have taken action against the butcher, whether legally or pertaining to receiving the quantity of meat left to spoil, I am unsure.

I know it is illegal to allow wild game to be allowed to spoil by those who have harvested it, however I have not been able to find anything pertaining to the law in terms of a third-party (such as butcher) to allow game to spoil, whether intentionally or not. Any insight into the matter or the quote from any legislature/regulations that indicates the legality of this? I am curious out of my own interest while I await another update regarding the outcomes of their situation.

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Originally Posted by sam94

This past fall I was out hunting a property where a few other hunters were given permission as well. I was recently talking to them about their success and found that each of them had harvested a deer as per their tag (whether doe or buck). However, they mentioned that they typically use a butcher who processes their wild game for them, and that this year was disappointing to say the least.

Essentially what had been explained to me, was that the harvested deer had been dressed and taken in for butchering. What apparently happened was that the butcher had processed the deer, and hadn't moved the meat into the walk-in fridge for holding until pick up. The meat then spoiled from having been left out, 3 deer total. I haven't had any updates regarding the results and do not have information on the butcher that they had been using. I am under the impression that they have taken action against the butcher, whether legally or pertaining to receiving the quantity of meat left to spoil, I am unsure.

I know it is illegal to allow wild game to be allowed to spoil by those who have harvested it, however I have not been able to find anything pertaining to the law in terms of a third-party (such as butcher) to allow game to spoil, whether intentionally or not. Any insight into the matter or the quote from any legislature/regulations that indicates the legality of this? I am curious out of my own interest while I await another update regarding the outcomes of their situation.

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Just my own opinion I would say the butcher would be liable to charges of spoilage as he had a duty imposed on him not to let this happen in the same manner the hunters had that duty.The butchers defense might well be "the meat arrived and has already started to spoil" or words to that effect. I have heard of a number of cases where butchers refused to take meat in from hunters,or had taken meat in that then quickly spoiled.I think your friends would need to have all their dates and times down pat for the kill,s and exact drop off date (date,s) at the butchers.If they had this evidence I would think they could press the issue with the MNR .But from what you have told us they are either going after the butcher and perhaps not bringing in the MNR,unless your legally reference is the MNR.

This is a lot more common than is reported and some cases seem to be worse than others.

http://www.thealgomanews.ca/allowing...nce-suspension

Everytime I read one of these butcher gone wrong posts I'm even more glad I butcher my own game!!!

When I think back I am horrified at how my venison was handled at the butcher shop.

Butchers who are handling wild game are largely unregulated as opposed to commercial domestic cutters who are CFIA regulated up the wazoo. Under The FWCAct,it's illegal to sell,barter or trade wild game meat,therefore,butchers are only allowed to charge for their time and material they use for cutting and wrapping. When something like that happens,there really isn't a hell of a lot that can be done about,legally. Most people are generally honest and errors can happen. How can there be a value attached to something that has no monetary value? Sometimes,as maddening as it can be,you just have to chalk it up to experience and don't use the guy,again,don't recommend him to others.

Like many times many have said-it seems for many reasons ,it is truly the best way is to butcher your own game.

Second best-go to a Reputable and PROVEN butcher.

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36 (1) A hunter or trapper who kills game wildlife other than a furbearing mammal shall not abandon it if its flesh may become unsuitable for human consumption. 2009, c. 33, Sched. 22, s. 2 (18).
Spoiled flesh
(2) A person who possesses game wildlife that is not a furbearing mammal and that was hunted or trapped shall not permit its flesh to become unsuitable for human consumption. 2009, c. 33, Sched. 22, s. 2 (18).
Abandonment or spoilage of pelts
(3) A hunter or trapper who kills a furbearing mammal shall not abandon the pelt or permit the pelt to be spoiled or destroyed. 1997, c. 41, s. 36 (3).

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Above appears to be the section of the FWCA that would apply to spoilage of game, especially subsection 2 in this instance.

sub sec 2:

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that is not a furbearing mammal

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...Deer are furbearing.

sub sec 3:

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A hunter or trapper who kills a furbearing mammal shall not abandon the pelt or permit the pelt to be spoiled or destroyed.

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A butcher could be neither a Hunter or Trapper....so the FWCA reqs do not apply. Same as a farmer etc...

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Originally Posted by MikePal

sub sec 2: ...Deer are furbearing.

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Deer are not fur bearing animals as defined under the Fish and Wildlife Conservation Act as listed in schedule 1.

Schedule 1
FURBEARING MAMMALS
Common Name
Scientific Name

Badger, American
Taxidea taxus
Beaver
Castor canadensis
Bobcat
Lynx rufus
Coyote
Canis latrans
Fisher
Martes pennanti
Fox, Arctic
Alopex lagopus
Fox, Grey
Urocyon cinereoargenteus
Fox, Red (all colour phases)
Vulpes vulpes
Lynx
Lynx canadensis
Marten
Martes americana
Mink
Neovison vison
Muskrat
Ondatra zibethicus
Opossum
Didelphis virginiana
Otter
Lontra canadensis
Raccoon
Procyon lotor
Skunk, Striped
Mephitis mephitis
Squirrel, Red
Tamiasciurus hudsonicus
Weasel, Least
Mustela nivalis
Weasel, Long-tailed
Mustela frenata
Weasel, Short-tailed (Ermine)
Mustela erminea
Wolf
Canis lupus

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Originally Posted by MikePal

sub sec 2: ...Deer are furbearing.

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A butcher could be neither a Hunter or Trapper....so the FWCA reqs do not apply. Same as a farmer etc...

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Wow! that's a new one to me.

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Originally Posted by jaycee

Wow! that's a new one to me.

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It makes total sense,though.