Acts and Regulations

2009-138 - Food Premises

Section 3
Disposition versions

Full text
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3(2)Repealed: 2011-78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buyer’s licence immediately before the commencement of this Regulation but who, if the Fish Inspection Act had not been repealed, would have been required to obtain a fish buyer’s licence under that Act is not exempt from the application of section 12 of the Act and this Regulation.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
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 is 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
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 Families and Children or the Minister of Seniors and Long-Term Care, as the case may be, under the regulations made under the Family Services Act is exempt from the application of subsections 39(1) and (2) of this Regulation.
2011-78; 2016, c.37, s.159
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 is exempt from the application of subsections 39(1) and (2) of this Regulation.
2011-78
Exemptions
3(1)This Regulation does not apply to
(a) a kitchen in a private home where meals are prepared for family members, non-paying guests or boarders under private arrangement,
(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, or
(i) a premises that is a farm in respect of the slaughter of animals on the farm for the farmer’s personal use exclusively.
3(2)Subject to subsections (3) and (4), a person who operates a food premises and who would otherwise be required to obtain a licence to operate Class 1, Class 2 or Class 3 food premises is exempt from the application of section 12 of the Act and this Regulation until April 1, 2010.
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 Act 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.