Consolidation Period: From January 1, 2020 to the e-Laws currency date .
Last amendment: 471/19 .
This is the English version of a bilingual regulation.
PART I
Interpretation and Application
1. (1) In this Regulation,
“corrosion-resistant material” means any material that maintains its original surface characteristics after,
(a) repeated exposure to food, soil, moisture or heat, or
(b) exposure to any substance used in cleansing and sanitizing; (“matériau résistant à la corrosion”)
“domestic hen” means a hen of the domestic chicken belonging to the species Gallus Domesticus; (“poule domestique”)
“eggs” means raw eggs in the shell; (“oeufs”)
“equipment” means any appliance, apparatus or device that is or may be used in the operation or maintenance of a food premise, including vending machines, but does not include utensils or multi-service articles; (“équipement”)
“farmers’ market food vendor” means the operator of a stall or other food premise that is located at a central location at which a group of persons who operate stalls or other food premises meets to sell or offer for sale to consumers products that include, without being restricted to, farm products, baked goods and preserved foods, and at which the majority of the persons operating the stalls or other food premises are producers of farm products who are primarily selling or offering for sale their own products; (“vendeur d’aliments dans un marché de producteurs”)
“farm products” means products that are grown, raised or produced on a farm and intended for use as food and include, without being restricted to, fruits and vegetables, mushrooms, meat and meat products, dairy products, honey products, maple products, fish, grains and seeds and grain and seed products; (“produits agricoles”)
“food contact surface” means the surface of counters, equipment and utensils with which food may normally come into contact; (“surface de contact avec des aliments”)
“food handler” means any person who,
(a) is employed in a food premise, and
(b) handles or comes in contact with any utensil or with food during its preparation, processing, packaging, service, storage or transportation; (“préposé à la manutention des aliments”)
“food handler training” means food safety training provided by a local board of health, agency of a board of health or through a program that the Ministry has recognized as being equivalent to the food safety training standards established by the Ministry; (“formation des préposés à la manutention des aliments”)
“food service premise” means any food premise where meals or meal portions are prepared for immediate consumption or sold or served in a form that will permit immediate consumption on the premises or elsewhere; (“lieu de restauration”)
“Grade ‘C’ eggs” means eggs that are graded Canada C in accordance with the Egg Regulations (Canada), made under the Canada Agricultural Products Act (Canada); (“oeufs de catégorie C”)
“handwashing station” means a hand basin with hot and cold running water that is located in close proximity to a soap dispenser and either a mechanical hand dryer or a single-service towel dispenser; (“poste de lavage des mains”)
“low-risk food” means food that is not potentially hazardous food; (“aliments à faible risque”)
“manufactured meat product” means food that is the product of a process, that contains meat as an ingredient and that is customarily eaten without further cooking, and includes meat that is processed by salting, pickling, fermenting, canning, drying or smoking or otherwise applying heat or to which edible fats, cereals, seasonings or sugar have been added; (“produit carné”)
“mobile food premise” means a trailer, cart or vehicle-mounted food premise or other itinerant food premise which is capable of being readily moved and in which food is prepared and offered for sale to the public; (“dépôt d’aliments mobile”)
“multi-service article” means any container or utensil that is intended for repeated use in the service or sale of food; (“article à usage multiple”)
“official method” means a method used by a public health laboratory centre established under section 79 of the Act for the laboratory examination of food; (“méthode officielle”)
“potentially hazardous food” means food in a form or state that is capable of supporting the growth of infectious or toxigenic micro-organisms and which requires time and temperature control to limit such growth; (“aliments potentiellement dangereux”)
“pre-packaged foods” means food that is packaged at a premise other than the premises at which it is offered for sale; (“aliments préemballés”)
“registered egg station” means a registered egg station within the meaning of the Egg Regulations (Canada) made under the Canada Agricultural Products Act (Canada); (“poste d’oeufs agréé”)
“registered processed egg station” means a registered processed egg station within the meaning of the Processed Egg Regulations (Canada) made under the Canada Agricultural Products Act (Canada); (“poste agréé d’oeufs transformés”)
“sanitizing” means treatment designed to reduce the level of microorganisms to a level that will not compromise the safety of food products, and “sanitize” has a corresponding meaning; (“désinfection, désinfecter”)
“serving” includes self-service; (“service”)
“single-service article” means any container or eating utensil that is to be used only once in the service or sale of food; (“article à usage unique”)
“single-service towel” means a towel that is to be used only once before being discarded or laundered for reuse; (“serviette jetable”)
“utensil” includes kitchenware, tableware, glasses, cutlery or other similar items used in the handling, preparing, processing, packaging, displaying, serving, dispensing, storing, containing or consuming of food. (“ustensile”)
(2) A reference in this Regulation to the medical officer of health or the public health inspector means the medical officer of health or the public health inspector, as the case may be, of the board of health in the health unit in which the food premise referred to is situate.
2. (1) No person shall operate or maintain a food premise to which this Regulation applies except in accordance with this Regulation.
(2) This Regulation applies to all food premises except,
(a) boarding houses that provide meals for fewer than 10 boarders;
(b) subject to subsection (3), food premises owned, operated or leased by religious organizations, service clubs or fraternal organizations where the religious organization, service club or fraternal organization,
(i) prepares and serves meals for special events, or
(ii) conducts bake sales; and
(c) farmers’ market food vendors.
(3) If a religious organization, service club or fraternal organization prepares and serves a meal for a special event to which the general public is invited that includes potentially hazardous food originating from a food premise that is not inspected under the Act, the exemption in clause (2) (b) applies only if the following conditions are met:
1. Patrons attending the special event must be notified in writing as to whether or not the food premise has been inspected in accordance with this Regulation. The notice shall be posted in a conspicuous place at the entrance to the food premise at which the special event meal is held.
2. The operator must keep a list of all persons who donate potentially hazardous food for the special event meal and must provide a copy of that list to a public health inspector on request. The list must contain each donor’s name, address and telephone number, in full.
Sale of pre-packaged, low-risk food or hot beverages
3. Food premises that sell or offer for sale only hot beverages or pre-packaged, low-risk food items, or both, are exempt from the provisions of clauses 7 (3) (b) and (c) and Parts IV and V if,
(a) the food premise uses only single-service articles; and,
(b) any eating or drinking area in the premise is not greater than 56 square metres in area.
Low-risk or pre-packaged foods only
3.1 The following food premises are exempt from the provisions of clause 7 (3) (c) and of sections 18 and 32:
1. Food premises that do not prepare food and that distribute only low-risk food items, pre-packaged food items, or a combination of low-risk food items and pre-packaged food items.
2. Food premises that prepare only low-risk food items and serve only,
i. low-risk food items,
ii. pre-packaged, ready-to-eat food items, or
iii. a combination of low-risk food items and pre-packaged, ready-to-eat food items. O. Reg. 471/19, s. 1.
PART II
Mobile Food Premises
Mobile food premises
4. (1) In every mobile food premise,
(a) food shall be prepared within the premise and served to the public by persons working within the premise;
(b) only single-service articles shall be used to serve the food;
(c) separate holding tanks shall be provided for potable water and waste water; and
(d) every waste tank and water supply tank shall be equipped with an easily readable gauge for determining the waste or water level in the tank.
(2) Clauses (1) (c) and (d) do not apply to mobile food premises that sell only pre-packaged or non-hazardous food.
PART III
Operation and Maintenance
Commencement of operations
5. A person who gives notice of an intention to commence to operate a food premise to the medical officer of health under subsection 16 (2) of the Act shall include his or her name, contact information and the location of the food premise in the notice.
Results of inspections to be posted
6. Every operator of a food premise shall ensure that the results of any inspections conducted by a public health inspector are posted in accordance with the inspector’s request.
Operation and maintenance
7. (1) Every food premise shall be operated and.