Acts and Regulations

2011-78 - Public Health Act

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NEW BRUNSWICK
REGULATION 2011-78
under the
Public Health Act
(O.C. 2011-381)
Filed December 23, 2011
1Section 2 of New Brunswick Regulation 2009-138 under the Public Health Act is amended by repealing the definition “public market” and substituting the following:
“public market” means a venue where a group of vendors sets up on a regular basis in a common location to sell food products, and includes a farmers’ market and a flea market.(marché public)
2Section 3 of the Regulation is amended
(a) in subsection (1)
(i) by repealing paragraph (a) and substituting the following:
(a) a kitchen in a private home where meals or foods are prepared for:
(i) family members, non-paying guests or boarders under private arrangement;
(ii) the purpose of making occasional donations to a not-for-profit organization; or
(iii) sale at a public market,
(ii) in paragraph (h) of the English version by striking out “or” at the end of the paragraph;
(iii) in paragraph (i) by striking out the period at the end of the paragraph and substituting a comma;
(iv) by adding after paragraph (i) the following:
(j) a food premises of a not-for-profit organization where food is prepared for a single-day event,
(k) a food premises where food is prepared and sold on an occasional basis to raise money for a not-for-profit organization, or
(l) a stand where only hard ice cream and ice cream toppings are sold but not produced or processed.
(b) by repealing subsection (2);
(c) in subsection (4) of the English version by striking out “this Act” and substituting “this Regulation”;
(d) by adding after subsection (4) the following:
3(5)A not-for-profit community placement residential facility approved by the Minister of Social Development under the regulations made under the Family Services Act is exempt from the application of subsections 39(1) and (2) of this Regulation.
3Section 4 of the Regulation is amended
(a) by repealing paragraph (a);
(b) by repealing paragraph (b).
4Section 6 of the Regulation is amended
(a) in subsection (1)
(i) by repealing paragraph (l);
(ii) in paragraph (t) of the English version by striking out “a non-profit organization” and substituting “a not-for-profit organization”;
(b) by repealing subsection (4).
5Section 7 of the Regulation is amended
(a) in subsection (1)
(i) by repealing paragraph (a);
(ii) by repealing paragraph (b);
(b) by repealing paragraph (2)(b) and substituting the following:
(b) a licence to operate a Class 3 or Class 4 food premises operated by a not-for-profit organization is $1;
(c) in subsection (3) of the French version by striking out “prévu par les” and substituting “en vertu des”.
6Section 8 of the Regulation is amended
(a) in subsection (1) by striking out “Class 2,”;
(b) by repealing subsection (2).
7Subsection 13(2) of the Regulation is repealed.
8Section 20 of the Regulation is amended in the portion preceding paragraph (a) by striking out “Class 2 or”.
9Section 22 of the Regulation is amended in the portion preceding paragraph (a) by striking out “Class 2 or”.
10Section 24 of the Regulation is amended by striking out “Class 2 or”.
11Subsection 37(2) of the Regulation is amended in the portion preceding paragraph (a) by striking out “paragraph 6(o)” and substituting “paragraph 6(1)(o)”.
12Section 39 of the Regulation is amended
(a) in subsection (1) by striking out “On and after April 1, 2012, a licensee who operates a Class 2 or Class 4 food premises” and substituting “On and after July 1, 2012, a licensee who operates a Class 4 food premises”;
(b) in subsection (2) by striking out “On and after April 1, 2012, a licensee who operates a Class 2 or Class 4 food premises” and substituting “On and after July 1, 2012, a licensee who operates a Class 4 food premises”;
(c) by adding after subsection (2) the following:
39(3)On and after July 1, 2012, a licensee who operates a not-for-profit community placement residential facility shall ensure that
(a) at least one employee of the facility holds a certificate confirming his or her successful completion of a food handling program offered by a community college or industry association or that has been determined by the Minister to be equivalent in content to that set out in the National Guidelines for Food Safety Programs in the Food Retail and Food Service Sectors as endorsed by the Federal/Provincial/Territorial Committee on Food Safety Policy, and dated May 9, 2006; and
(b) any person preparing food in the facility either holds such certificate, or has been adequately trained in food handling procedures by a person who holds such certificate.
13This Regulation comes into force on January 15, 2012.