Acts and Regulations

2009-138 - Food Premises

Full text
Current to 13 December 2023
NEW BRUNSWICK
REGULATION 2009-138
under the
Public Health Act
(O.C. 2009-457)
Filed November 20, 2009
Under section 68 of the Public Health Act, the Lieutenant-Governor in Council makes the following Regulation:
CITATION
Citation
1This Regulation may be cited as the Food Premises Regulation - Public Health Act.
DEFINITIONS
Definitions
2The following definitions apply in this Regulation.
“abattoir” includes slaughterhouses and any place where cattle, sheep, swine, poultry or other animals are killed for use as food.(abattoir)
“Act” means the Public Health Act.(Loi)
“container” means a receptacle or covering used to package, wrap, contain or cover food.(contenant)
“contamination” , with respect to food, means conditions that permit(contamination)
(a) the introduction of foreign matter,
(b) the introduction or multiplication of disease-causing microorganisms or parasites, or
(c) the introduction or production of toxins.
“equipment” means any appliance, apparatus or device that is used in the operation of a food premises, but does not include utensils.(équipement)
“fish” means any fish, including molluscs, crustaceans and echinoderms, and any of their parts, products or by-products.(poisson)
“food contact surface” means the surface of equipment or utensils with which food normally comes into contact, and includes counter surfaces.(surface de contact des aliments)
“hand washing station” means a handbasin that is provided with hot and cold running potable water and that has in its immediate vicinity a dispenser for the provision of liquid or powder soap and a method of hand drying that uses paper towels in a dispenser or that uses forced air.(poste de lavage de mains)
“licence” means a licence to operate a food premises.(licence)
“licensee” means a person to whom a licence has been issued to operate a food premises.(titulaire)
“part-time or seasonal public market premises” means a food premises that operates at a public market for fewer than 160 days during the period commencing April 1 of one year and ending March 31 of the following year.(locaux d’un marché public à temps partiel ou saisonnier)
“pest” means any animal or arthropod that may contaminate food or food contact surfaces, and includes rats, mice, cockroaches and flies.(animal nuisible)
“potentially hazardous” , with respect to food, means a form or state that is capable of supporting the growth of pathogenic microorganisms or the production of toxins.(potentiellement dangereux)
“process” includes killing, eviscerating, thermal processing, smoking, salting, pickling, pasteurizing and processing of previously processed food.(transformation)
“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)
“sanitize” means to treat by a process that destroys most microorganisms, including all pathogens.(assainir)
“temporary food premises” means a food premises that operates for a period of no more than 14 consecutive days in conjunction with a single event or celebration. (locaux temporairement destinés aux aliments)
“utensils” includes kitchenware, tableware, glasses, cutlery or other similar items used in the handling, preparation, processing, displaying, serving, dispensing, storing, containing or consuming of food. (ustensiles)
2011-78; 2016-25
EXEMPTIONS
Exemptions
3(1)This Regulation does not apply to
(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,
(b) a private home operated as a bed and breakfast that serves only breakfasts,
(c) an inn or a similar establishment that serves only breakfasts that require no preparation of potentially hazardous food,
(d) a private home that receives catered or home-delivered foods,
(e) a produce stand that offers only whole, uncut fresh fruits or vegetables,
(f) a premises where only non-potentially hazardous food is stored, displayed, distributed, transported, sold or offered for sale, without any preparation, manufacturing or processing of food on the premises,
(g) a food vending machine that vends only bottled beverages, candies, nuts or similar non-potentially hazardous food,
(h) a premises that is registered with and subject to inspection by the Canadian Food Inspection Agency,
(i) a premises that is a farm in respect of the slaughter of animals on the farm for the farmer’s personal use exclusively,
(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.
3(2)Repealed: 2011-78
3(3)A person who, immediately before the commencement of this Regulation, holds a fish buyer’s licence under the Fish Inspection Act that expires between November 15, 2009, and March 31, 2010, inclusive, is not exempt from the application of section 12 of the Act and this Regulation.
3(4)A person who did not hold a fish buyer’s licence immediately before the commencement of this Regulation but who, if the Fish Inspection Act had not been repealed, would have been required to obtain a fish buyer’s licence under that Act is not exempt from the application of section 12 of the Act and this Regulation.
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 and a not-for-profit child and youth care resource as defined in the Child and Youth Well-Being Act are exempt from the application of subsections 39(1) and (2) of this Regulation.
2011-78; 2016, c.37, s.159; 2019, c.2, s.122; 2023, c.36, s.32
CLASSES OF FOOD PREMISES
Classes of food premises
4The classes of food premises are as follows:
(a) Repealed: 2011-78
(b) Repealed: 2011-78
(c) Class 3 food premises - a food premises where potentially hazardous food is stored, handled, displayed, distributed, sold or offered for sale of food without any processing or preparing on the premises;
(d) Class 4 food premises - a food premises where food
(i) is prepared or processed without killing or pasteurizing or, if meat or fish is being prepared or processed, without thermal processing, and
(ii) is for sale and is consumed on or off the premises, but is not distributed wholesale;
(e) Class 5 food premises - a food premises where food is processed for direct sale or wholesale or where food is prepared for wholesale distribution.
2011-78
Abattoir deemed to be Class 5 food premises
5An abattoir shall be deemed to be a Class 5 food premises.
LICENCES
Application for licence
6(1)An application for a licence to operate a food premises shall provide the following information:
(a) the name of the food premises to be operated;
(b) the mailing address of the food premises;
(c) the location address of the food premises;
(d) the Service New Brunswick property identification number on which the food premises is located;
(e) the phone number of the food premises;
(f) the name of the applicant and any authorized representative;
(g) the address of the applicant and any authorized representative;
(h) the phone number of the applicant and any authorized representative;
(i) the class of food premises to be operated;
(j) dates and times of intended operation;
(k) copies of menus to be used, if any;
(l) Repealed: 2011-78
(m) a statement indicating the applicant’s experience in operating a food premises or other documentation indicating that the applicant has sufficient knowledge, experience and training to operate the food premises in a safe manner;
(n) details of staff training that has been or will be provided, indicating that the staff has or will have sufficient knowledge, experience and training to operate the food premises in a safe manner;
(o) details of hygienic practices and procedures to be followed by persons working in the food premises and a copy of the applicant’s health policy for staff;
(p) a floor plan of the food premises showing the location of equipment and process flow patterns, if applicable;
(q) documentation detailing how the premises, equipment and utensils will be kept clean and sanitary, including details on disposal of all waste products;
(r) the type of water supply and, if privately supplied, evidence that it is potable;
(s) the type of sewage disposal system and if the premises is served by a private sewage disposal system, the total number of seats in the food premises and the total number of staff working on each shift;
(t) if a not-for-profit organization, evidence to support that status; and
(u) any other information the Minister requires to assess the application.
6(2)The Minister shall not issue a licence to an applicant unless he or she has a copy of an inspection report by a public health inspector, made not more than 3 weeks before the date of issuance of the licence, indicating that the food premises meets the standards set out in section 17.
6(3)Subsection (2) does not apply in the case of a renewal of a licence.
6(4)Repealed: 2011-78
2011-78
Application fee
7(1)The application fee for a licence to operate a food premises is as follows:
(a) Repealed: 2011-78
(b) Repealed: 2011-78
(c) Class 3 food premises - $50;
(d) Class 4 food premises - $265; and
(e) Class 5 food premises - $350.
7(2)Notwithstanding subsection (1), the fee for
(a) Repealed: 2016-25
(b) Repealed: 2016-25
(c) a licence to operate a Class 5 food premises for the purposes of producing only maple syrup products is $50;
(d) a licence to operate a Class 5 food premises that includes an abattoir is $475; and
(e) a licence to operate a Class 5 food premises that includes a dairy plant is $1,050.
7(2.1)If a Class 3 or Class 4 food premises is a temporary food premises or a part-time or seasonal public market premises, the person who operates the premises is exempt from paying the fee under paragraph (1)(c) or (d).
7(2.2)If a Class 3 or Class 4 food premises is operated by a not-for-profit organization, the not-for-profit organization is exempt from paying the fee under paragraph (1)(c) or (d).
7(3)A person is exempt from paying the fee under paragraph (1)(d) if the food premises is operated by a person as part of
(a) an early learning and childcare facility licensed by the Minister of Education and Early Childhood Development under the Early Childhood Services Act,
(b) a community placement residential facility approved by the Minister of Education and Early Childhood Development or the Minister of Social Development under the regulations made under the Family Services Act, or
(c) a child and youth care resource as defined in the Child and Youth Well-Being Act.
2010-98; 2010, c.E-0.5, s.70; 2011-78; 2012-34; 2014-89; 2016-25; 2016, c.37, s.159; 2019, c.2, s.122; 2019-47; 2023, c.36, s.32
Initial application fee
2019-47
7.1In the case of an initial application for a licence to operate a food premises, an application fee required to be paid under section 7 is reduced by
(a) 25% for a licence issued between July 1 and September 30, inclusive,
(b) 50% for a licence issued between October 1 and December 31, inclusive, and
(c) 75% for a licence issued between January 1 and March 31, inclusive.
2019-47
Additional documentation
8(1)On and after April 1, 2011, an applicant for a licence to operate a Class 4 or Class 5 food premises shall supply documentation with his or her application on the food handling procedures used by the applicant for potentially hazardous food.
8(2)Repealed: 2011-78
2011-78
Issuance of licence
9The Minister, if satisfied that an applicant has fulfilled all the requirements of the Act and the regulations in relation to an application for a licence, shall issue to the applicant a licence to operate the food premises.
Renewal of licence
10A licensee who applies to renew a licence shall at the time of application pay the fee required under section 7 and verify that all information provided in the initial application and any supporting documentation, or as updated, is accurate.
Updating of information
11If any information provided in the initial application or any of the supporting documentation changes, the applicant or licensee, as the case may be, shall update the information with the Minister no later than 5 business days before the change.
Duration of licence
12(1)Subject to subsections (2) and (3), a licence expires on March 31 of each year, unless it is suspended or revoked.
12(2)A licence for the operation of a Class 3 or Class 4 food premises that is a temporary food premises is valid only for the period specified in the licence.
12(3)The initial licence issued under this Regulation to a person who, immediately before the commencement of this Regulation, held a fish buyer’s licence under the Fish Inspection Act that expires between November 15, 2009, and March 31, 2010, is valid until March 31, 2011.
Terms and conditions of licence
13(1)It is a term and condition of every licence that the licensee shall not alter or extend the food premises in respect of which the licence has been issued without first notifying the Minister and obtaining an approval for such alteration or extension.
13(2)Repealed: 2011-78
2011-78
Licence not transferable
14A license to operate a food premises is not transferable.
Suspension or revocation of licence
15The Minister may suspend or revoke a licence if the Minister is satisfied that the licensee has violated or failed to comply with any provision of the Act, this Regulation, the Dairy Plant and Transportation of Milk Regulation - Public Health Act or the Abattoir Regulation - Public Health Act.
Display of licence
16A licensee shall display the licence to operate a food premises in or on the premises so that customers can easily see the licence.
STANDARDS FOR FOOD PREMISES
Standards for food premises
17A licensee shall ensure that a food premises operated by the licensee
(a) is of sound construction and in good repair,
(b) is designed to facilitate effective cleaning and sanitation,
(c) is designed to ensure the safe and sanitary handling of food,
(d) is attached to, equipped with or has access to, a supply of hot and cold potable water in quantities sufficient to meet the needs of the operation,
(e) is connected to or will have access to an approved wastewater disposal system, if wastewater is generated, and that the wastewater system is so constructed so as to properly handle the disposal of wastewater,
(f) is provided with lighting that is located throughout all areas of the premises and of sufficient intensity to meet the needs of the operation,
(g) is equipped with a means of providing effective ventilation to areas of the premises that are subject to the generation or accumulation of odours, fumes, steam, vapors, smoke or excessive heat,
(h) is equipped with or has access to a washroom for the use of staff that is located on the premises or is located in an area that can be conveniently accessed by staff,
(i) is equipped with hand washing stations in adequate number and located to facilitate convenient access by staff, and
(j) is designed and maintained in such a way as to prevent cross-connections between non-potable water and the potable water supply.
Washrooms
18(1)A licensee shall ensure that all washrooms on the food premises are kept clean and sanitary, have a hand washing station, toilet paper and a garbage receptacle and that the washrooms do not open directly into an area where food is prepared, stored or processed.
18(2)A licensee shall ensure that in a washroom for the use of staff there is a sign posted at all times reminding staff that they must wash their hands each time they use the washroom.
Hand washing stations
19A licensee shall ensure that a hand washing station is not used for any other purpose and that it is kept clear and is easily accessible to staff.
CONTROL OF FOOD HAZARDS
Record keeping
20A licensee who holds a Class 5 food premises licence shall
(a) maintain records of preparation and processing and process control for a period of at least one year after each lot of food is released for sale, and
(b) maintain such records so as to enable any lot of food distributed from the premises to be effectively identified and recalled.
2011-78
Location of records
21A licensee shall keep the records referred to in section 20 on the premises in respect of which the licence is issued.
Recall of food
22A licensee who holds a Class 5 food premises licence shall notify the Minister immediately of a recall of food prepared or processed on the food premises and shall provide the following information in writing within 48 hours after the notification:
(a) the name, code marks and lot numbers, if any, of the recalled food;
(b) the total quantity of the recalled food originally in the licensee’s possession;
(c) the total quantity of the recalled food that has been distributed up to the time of the recall;
(d) the area of distribution of the recalled food; and
(e) the reason for initiating the recall.
2011-78
Food from approved sources
2016-25
23(1)A licensee shall ensure that all food used in a food premises operated by the licensee is obtained from a source that is
(a) subject to inspection by the Government of Canada or a provincial or territorial government or an agency of those governments under whose authority food safety standards are established and enforced, or
(b) approved by a medical officer of health.
23(1.1)An approval may be subject to the terms and conditions that the medical officer of health considers appropriate.
23(2)Notwithstanding subsection (1), a licensee may buy fresh fish, fruits and vegetables directly from a primary producer for use in the food premises operated by the licensee.
2016-25
Shellfish containers
24A licensee who operates a Class 5 food premises where shellfish is shucked and packed into a container shall ensure that the shellfish is packed only into a container that is a tamper-proof single service bag, carton or pail that cannot be opened without breaking a visible manufacturer’s seal or breakaway tab.
2011-78
Product identification
25(1)A licensee shall ensure that all food on the food premises, if removed from its original container, is clearly and properly identified with the common name of the food.
25(2)A licensee shall ensure that food present in a food premises that is not for sale is clearly identified as being not for sale or distribution in a manner that is clearly understood by all employees and inspection authorities.
25(3)A licensee shall ensure that food for the personal use of management staff and employees is kept separate and apart from all other food in the premises.
25(4)A licensee shall ensure that any potentially hazardous foods wrapped in packages or stored in containers are labelled with the date of preparation.
Protection of food from contamination
26A licensee shall ensure that
(a) all cooked food and food that cannot be washed or that will not be further washed before eating is protected from customer handling, coughing or sneezing and from filth, dust, insects, rodents and any other contaminating substance, and
(b) all pesticides, chemicals and cleaning equipment and supplies are kept separate from food preparation and storage areas.
Handling of potentially hazardous food
27(1)A licensee who handles potentially hazardous food shall ensure that the food
(a) is handled and processed in a manner that renders it safe to eat,
(b) is held, stored, displayed and transported at a temperature that is
(i) less than or equal to 4 °Celsius,
(ii) greater than or equal to 60 °Celsius, or
(iii) in the case of frozen food, less than or equal to –18 °Celsius, except for ice cream that is being held for service;
(c) if being cooled from a holding, stored, displayed or transported temperature of 60 °Celsius or greater, reaches
(i) 20 °Celsius within 2 hours, and
(ii) 4 °Celsius within 6 hours;
(d) if being thawed, is thawed
(i) under cold running water,
(ii) in a refrigerator at a temperature of 4 °Celsius or less, or
(iii) in a microwave as part of the cooking process;
(e) if being reheated, is reheated within 2 hours to at least 74 °Celsius for 15 seconds, and
(f) if meat that is being cooked, is cooked until the internal temperature of the food reaches the minimum temperature prescribed in Schedule A.
27(2)If raw meat is being cut up, a licensee shall ensure that
(a) it is cut up in a room with a temperature of 10 °Celsius or less, or
(b) if it is being cut up in a room with a temperature greater than 10 °Celsius, it does not remain in that room for more than 2 consecutive hours.
Transportation of food
28A licensee who transports food shall take reasonable steps to ensure the food is transported under conditions that prevent any form of chemical, microbial or physical contamination of the food.
Previously served food
29(1)A licensee shall ensure that food that has been previously served to any customer is not re-served.
29(2)Notwithstanding subsection (1), food may be re-served if the food was previously served in a manner that prevented contamination.
29(3)Notwithstanding subsection (1), food that has been on a buffet table with adequate protection from customer handling, coughing or sneezing and temperature control may be stored and served for future use.
Food handling procedures
30A licensee shall ensure that staff
(a) are knowledgeable about the food handling procedures used by the licensee for potentially hazardous food,
(b) comply with the food handling procedures referred to in paragraph (a), and
(c) are trained in accordance with the information submitted under paragraph 6(1)(n), as updated.
MAINTENANCE AND SANITATION
Equipment, utensils and food contact surfaces
31A licensee shall ensure that all equipment, utensils and food contact surfaces used on the food premises are
(a) constructed from materials that are suitable for their intended purpose and are durable, easily cleaned and free from any undesirable substance,
(b) in proper working order, and
(c) operated in a manner that ensures the safe and sanitary handling of food.
Cold and hot holding equipment
32(1)A licensee shall ensure that all cold and hot holding equipment
(a) is of a type and capacity that is adequate to meet the needs of the food premises, and
(b) is capable of maintaining the temperatures required by section 27.
32(2)A licensee shall ensure that cold holding equipment
(a) is equipped with a temperature-measuring device that is accurate and is in good repair, and
(b) has its temperature taken and recorded at least twice daily.
32(3)A licensee shall ensure that the temperature of food in hot holding equipment is taken and recorded at least once every 4 hours after the food is placed in the hot holding equipment.
Sanitation
33(1)A licensee shall ensure that a food premises and the equipment, utensils and food contact surfaces used in the premises are maintained in a sanitary condition.
33(2)A licensee shall ensure that equipment used in the food premises is located and maintained such that it functions in the manner intended and can be easily cleaned and sanitized.
33(3)A licensee shall provide or have access to the facilities and equipment necessary to carry out an effective cleaning and sanitizing of the food premises, including ventilation systems, and the equipment, utensils and food contact surfaces used in the premises.
33(4)A licensee shall ensure that any product used to sanitize equipment, utensils and food contact surfaces is suitable for such purposes.
Single service utensils and containers
34A licensee shall discard, after use, all utensils, containers or materials that are designed to be used only once in the service or sale of food.
Cleaning and sanitation procedures
35A licensee shall ensure that staff working in the food premises are trained in and comply with the cleaning and sanitation procedures referred to in paragraph 6(1)(q), as updated.
Pest control
36A licensee shall
(a) maintain the food premises so that it is free of pests,
(b) maintain a written record of all pest control measures used in the food premises, and
(c) ensure that any products used for pest control are of such a type and are used in such a manner so as not to affect the safety of food in the premises.
HYGIENE AND DISEASES
Employee hygiene
37(1)A licensee shall ensure that all employees who handle food, and any persons engaged in any operation of a food premises that brings them in contact with food,
(a) wear clean clothing and footwear,
(b) exhibit cleanliness and good personal hygiene,
(c) take adequate measures to ensure that food is not contaminated by hair,
(d) wash their hands as often as necessary to prevent the contamination of food, and
(e) refrain from any behavior or practices that may result in the contamination of food.
37(2)A licensee shall ensure that a copy of the hygienic practices and procedures referred to in paragraph 6(1)(o), as updated,
(a) are posted in the premises so that they may be easily consulted, and
(b) are followed by the persons working in the food premises.
37(3)An employee who handles food and any person engaged in the operation of a food premises that brings them into contact with food shall comply with the requirements of paragraphs (1)(a) to (e) and the hygienic practices and procedures referred to in subsection (2).
2011-78
Diseases
38(1)An employee who believes that he or she may be suffering from a condition or disease that is transmissible through food shall immediately report this to the licensee and shall not handle, prepare or process any food.
38(2)A licensee who has reason to believe an employee is suffering from a condition or disease that is transmissible through food shall immediately report this to a medical officer of health and shall ensure that the employee does not handle, prepare or process any food.
TRAINING
Training
39(1)On and after July 1, 2012, a licensee who operates a Class 4 food premises shall ensure that there is at least one person present at all times in the area of a food premises where food is being prepared who 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.
39(2)On and after July 1, 2012, a licensee who operates a Class 4 food premises shall ensure that the manager of the food premises 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.
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.
2011-78
MISCELLANEOUS
Display of food inspection report
40A licensee shall display the latest copy of the current food inspection report for the food premises prepared by a public health inspector so that customers can easily see the report.
Animals
41(1)A licensee shall not permit live animals in a licensed food premises other than
(a) service animals specifically trained to provide assistance to persons with disabilities, or
(b) live fish in an aquarium.
41(2)Subsection (1) does not apply to
(a) an abattoir,
(b) production facilities where milk is produced, or
(c) an outdoor eating area of a food premises.
Preliminary to construction of abattoir or dairy plant
42A person who intends to construct an abattoir or dairy plant shall notify the Minister of the person’s intention to do so at the earliest opportunity and shall provide the Minister with a copy of the plans for the construction as soon as practicable.
COMMENCEMENT
Commencement
43This Regulation comes into force on November 20, 2009.
SCHEDULE A
Meat being cooked
Minimum
temperature
Beef and veal steaks and roasts
63 °C - medium-rare
71 °C - medium
77 °C - well done
Pork chops, ribs, roasts; ground beef, ground pork and ground veal, including sausages made with ground beef, pork or veal
71 °C
Stuffing and casseroles, hot dogs, leftovers, egg dishes; ground chicken and ground turkey, including sausages made with ground chicken or turkey
 
 
74 °C
Chicken and turkey breasts, legs, thighs and wings
 
74 °C
Chicken and turkey, whole bird
 
82 °C
N.B. This Regulation is consolidated to December 13, 2023.