Food Safety Regulations
made under Section 105 of the
Health Protection Act
S.N.S. 2004, c. 4
O.I.C. 2005-458 (October 14, 2005, effective November 1, 2005), N.S. Reg. 206/2005
amended to O.I.C. 2022-136 (effective May 17, 2022), N.S. Reg. 102/2022
Table of Contents
Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations.
Interpretation and Application
Citation
Definitions
Application of regulations
Codes of practice established by Minister
Food Establishment Permits and Inspections
Class of permits
Application for permit
Permit non transferable
Form and posting of permit
Renewal of Permit
Non-issuance of permit
Suspension or revocation
Appeal to Minister about food establishment permit decision
Appeal panel
Review by appeal panel and recommendations to Minister
Decision of appeal
Complying with inspector
Inspection services
Inspection reports available
Design and Construction of Food Establishments and Equipment
Construction or renovation of food establishment
Design and construction
Washroom facilities
Living and sleeping quarters
Design, construction, installation and maintenance of equipment
Equipment for waste and recyclables
Food Establishment Personnel
Illness of personnel
Notification of medical officer
Personnel policies and procedures
Food hygiene training
Controlling Hazards to Food Safety
Maintenance, cleaning, and sanitation programs
Source and types of food
Control of meat
Food temperature controls
Care of food and food ingredients
Quality assurance systems
Deviation or defect in quality assurance system
Maintenance of quality assurance system records
Serving and re-selling unused food
Live animals not permitted in food establishments
Testing, Inspection and Contaminated Food
Sampling and testing food
Inspector detaining and condemning foods
Provision of samples to an inspector
Recall of food
Contaminated or adulterated food
Packaging, Storing and Transporting Food
Labelling and packaging food
Storing and transporting food
Storing food ingredients and food packaging
Storage of articles not used in food preparation or processing
Interpretation and Application
Citation
1 These regulations may be cited as the Food Safety Regulations.
Definitions
2 In these regulations,
“accredited laboratory” means a laboratory that has received formal recognition of
technical competence to perform specific types of testing or measurement;
“Act” means the Health Protection Act;
“adulteration” means the addition of any foreign or inferior substances to a food or
food ingredient that makes it corrupt, debased, or impure;
“consultant inspection services” means inspections that are conducted by the
Department on the request of an operator;
“contamination” means exposure of food to conditions that permit or may permit
the introduction or the occurrence of any of the following:
(i) a disease-causing microorganism or parasite,
(ii) any biological or chemical agent,
(iii) foreign matter, residue, drugs or any other substance that may
compromise food safety;
“Department” means the Department of Environment;
“edible” means fit for human consumption regardless of whether the food requires
preparation before being eaten or is ready to eat;
“food additive” has the same meaning as in Part B of the Food and Drug
Regulations (Canada);
“food animal” means a ruminant, porcine, ratite or a domesticated rabbit, bird or
other animal whose meat is intended for human consumption;
“food bank” means a not-for-profit organization that accepts donated food and
operates with the exclusive intent of distributing food for the relief of poverty, and
receives, holds, packages, repackages or distributes food to be consumed off the
premises, but does not process or serve food;
“food hygiene training program” means a certificate training program recognized
by the department which outlines food safety principles and has expiry and renewal
requirements;
“hold tag” means a tag applied to food to indicate that the food has been held,
detained or condemned by an inspector;
“HST” means harmonized sales tax;
“inspected” means inspected by the Government of Canada, the Province, any
other province or territory or an official agency of those governments under whose
authority food safety standards are established or enforced;
“low-risk food” means food that is not potentially hazardous food;
“notifiable disease or condition” means a notifiable disease or condition as defined
in Part 1 of the Act;
“operator” means a person who holds a permit to operate a food establishment;
“potable”, in relation to water, means water that is safe to drink and meets the
requirements of the Guidelines for Canadian Drinking Water Quality published by
the federal Department of Health;
“potentially hazardous” means having the potential to support the growth of
pathogenic microorganisms or the production of toxins;
“product” means a food product that is processed or derived in whole or in part
from a specified food and that is intended for human consumption;
“process” means to substantially change or alter the appearance or nature of a food,
to combine with an ingredient or additive or to make foods ready-to-eat;
“ready-to-eat food” means a food that is
(i) normally consumed without washing, cooking or other preparation,
or
(ii) prepared into a form in which it is consumed without further
processing;
“restaurant” means a food establishment that for all or part of the year operates in a
fixed location and is engaged in providing food services to patrons who
(i) order and are served while seated and pay after eating, or
(ii) pay before eating on the premises after ordering or selecting items at
(A) a counter,
(B) a food bar, or
(C) a cafeteria line;
“sanitize” means to reduce the number of micro-organisms to a level that does not
compromise food safety by means of a chemical agent or physical method;
“service dog” means a service dog as defined in the Service Dog Act;
“smoke” includes to inhale or exhale smoke from, burn, carry, hold or otherwise
have control over a lit or heated cigarette, cigar, pipe, water pipe, electronic
cigarette or other device that burns or heats tobacco or another substance that is
intended to be smoked or inhaled;
“soup kitchen” means a not-for-profit organization that operates with the exclusive
intent of distributing food for the relief of poverty, and receives, holds and
processes food to be served or consumed on the premises;
“wildlife” means wildlife as defined in the Wildlife Act.
Application of regulations
3 (1) These regulations apply to all food establishments except for all of the following:
(a) a dwelling in which food is produced for sale at a public market, temporary
event, bake sale or directly to the final consumer where
(i) the end product
(A) does not contain ingredients capable of supporting the growth
of infectious or toxigenic microorganisms, including meat, fish,
dairy or egg products, and
(B) has a high salt or sugar content, low moisture content or a low
pH that inhibits the growth of disease-supporting
microorganisms, and
(ii) any dairy or egg products used in baked or other goods have a high
salt or sugar content, low moisture content or a low pH that inhibits
the growth of disease-supporting microorganisms;
(b) a premises that offers only fresh, whole, unprocessed fruit and vegetables
cut for harvest;
(c) a premises that offers only food that is prepackaged at a facility subject to
inspection and is not potentially hazardous;
(d) a private residence where the owner offers overnight accommodation used
mainly for the reception of the travelling or vacationing public and serves
breakfast only;
(e) a food establishment in which food is prepared and served by a religious or
not-for-profit organization for functions or gatherings, but these regulations
do apply if a function or gathering is held in conjunction with and at the site
of a fair, exhibition, festival or other temporary food service event;
(f) a meat plant that is licensed and inspected under the Meat Inspection Act
(Nova Scotia) or Safe Food for Canadians Act (Canada);
(fa) a meat processing plant that is licensed and inspected under the Safe Food
for Canadians Act (Canada);
(g) a part of a fish or fish products processing facility that is registered, licensed
and operated under the Fisheries and Coastal Resources Act and the Fish
Inspection Regulations made under that Act;
(h) a part of a food processing plant that manufactures, packages, labels or
stores food and
(i) does not provide food directly to the consumer, and
(ii) is licensed and inspected under the Food and Drugs Act (Canada) or
the Safe Foods for Canadians Act (Canada);
(i) a premises that is operated solely for the purposes of cutting, processing or
packaging wildlife;
(j) a child-caring facility, long-term care facility or home for special care that is
exempted by the Administrator;
(k) a catering operation that prepares food in a private residence to be
consumed by occupants and their guests;
(l) a food bank or soup kitchen;
(m) a business that provides customers with complimentary low-risk food, but is
not otherwise engaged in food handling.
(2) [repealed]
(3) The Administrator may exempt an operator who holds a permit for a type or class
of food establishment from any provision of these regulations.
Codes of practice established by Minister
4 (1) The Minister may establish codes, standards and guidelines to support and give
direction to food establishments in interpreting and complying with these
regulations.
(2) If there is a conflict between a code, standard or guideline established under this
Section and the provisions of the Act and these regulations, the Act and these
regulations prevail.
Food Establishment Permits and Inspections
Class of permits
5 Classes of food establishment permits, the expiry dates for food establishment permits
and the fees prescribed for food establishment permits are as set out in the following
table:
Class of Permit
|
Term of Permit
|
Fee for Permit
(plus HST)
|
temporary event
|
1 day
|
$24.18
|
temporary event
|
2-14 days
|
$50.78
|
eating establishment
|
1 year
|
$193.56
|
eating establishment seasonal
|
6 months or less
|
$77.40
|
foodshop
|
1 year
|
$77.40
|
foodshop seasonal
|
6 months or less
|
$38.70
|
mobile: class 1
|
1 year
|
$193.56
|
mobile: class 2 or 3
|
1 year
|
$77.40
|
public market
|
1 year
|
$38.70
|
Application for permit
6 A person must submit an application for a permit to the Administrator in a form
prescribed by the Administrator and the application must include all of the following:
(a) the applicable fee prescribed in Section 5;
(b) any reasonable information required by the Administrator;
(c) the plans and specifications of the food establishment required by Section
21 [18A].
Permit non transferable
7 A permit is not transferable to any other person or to any other food establishment.
Form and posting of permit
8 (1) A permit must be in the form prescribed by the Administrator.
(2) A permit must be posted in a conspicuous location in the food establishment.
Renewal of Permit
9 To renew a permit, other than a temporary permit, an operator must submit a completed
renewal application on or before the permit’s expiry date to the Minister on a form
approved by the Administrator and the renewal application must include all of the
following:
(a) the applicable fee prescribed in Section 5;
(b) any reasonable information as required.
Non-issuance of permit
10 If the Administrator refuses to issue or renew a permit under subsection 83(1) of the Act,
the refusal remains in effect until the Administrator is satisfied that the applicant is
capable of operating a food establishment in accordance with these regulations.
Suspension or revocation
11 (1) If the Administrator suspends or cancels a permit under subsection 83(1) of the
Act, the Administrator
(a) must provide written notice of the suspension or cancellation to the permit
holder; and
(b) may serve a notice of closure on the operator and post a copy of the notice
in an area of the food establishment where it is visible to the public.
(2) An operator who receives a notice of the suspension or the cancellation of their
permit must
(a) cease operation of the food establishment immediately; and
(b) close the food establishment and not reopen it until authorized by the
Administrator.
(3) A person must not remove a notice that has been posted under clause (1)(b) unless
authorized to do so by the Administrator.
Appeal to Minister about food establishment permit decision
12 (1) A permit holder who appeals a decision of the Administrator under Section 85 of
the Act must serve the Administrator with a notice of appeal accompanied by a
non-refundable fee of $246.52 no later than 30 days after the date they are advised
of the Administrator’s decision.
(2) The Administrator must send a copy of the notice of appeal to the chair of the
appeal panel established under Section 13 no later than 5 days after the date the
Administrator receives a notice of appeal.
Appeal panel
13 (1) The Minister may establish an appeal panel to review appeals and make
recommendations to the Minister on an appeal.
(2) The appeal panel must be made up of at least 3 persons, 1 of whom is a medical
officer, 1 of whom is a person representing the food industry, and 1 of whom is a
person representing consumers.
(3) The appeal panel must appoint a chair and must determine its own practices and
procedures.
(4) The quorum for the appeal panel is 1 person.
Review by appeal panel and recommendations to Minister
14 The appeal panel must review an appeal and make a recommendation to the Minister
about the appeal no later than 10 days after the date the appeal panel receives a copy of
the notice of appeal.
Decision of appeal
15 The Minister must decide an appeal no later than 10 days after the date that the Minister
receives the recommendations of the appeal panel.
Complying with inspector
16 (1) An operator must comply with all reasonable directions given by an inspector
under the Act and these regulations.
(2) A person must not remove or alter a hold tag unless directed to do so by the
inspector.
(3) A food that has a hold tag and is detained on the instruction of an inspector must
not be handled or used without permission of an inspector.
Inspection services
17 (1) The Administrator may establish the frequency of inspections.
(2) The fee for consultant inspection services is $123.30 per hour plus expenses.
Inspection reports available
18 The Department must make inspection reports available in electronic form for public
review through a process consistent with the Department’s Routine Access Policy.
Design and Construction of Food Establishments and Equipment
Construction or renovation of food establishment
18A A person must not begin to construct a new food establishment or renovate or expand an
existing food establishment until construction plans and specifications are submitted to
and approved by an inspector.
Design and construction
19 (1) A food establishment must be located, designed, constructed and maintained to
ensure all of the following:
(a) that the risk of contaminating the food is minimized;
(b) that operations are carried out in an area of the food establishment that is
sanitized and appropriate to the operation;
(c) that the surfaces and materials are durable, non-toxic and are easy to
maintain, clean and sanitize;
(d) that the design and layout allow for the movement of food and personnel in
a way that prevents contamination;
(e) that there is effective protection to prevent the access and sheltering of
insects, rodents and other pests.
(2) A food establishment must provide all of the following in accordance with
applicable legislation or as considered acceptable by the Administrator:
(a) a supply of potable hot and cold water at adequate pressure and volume
with the appropriate facilities to store and distribute the water and to control
the water temperature;
(b) adequately designed and appropriately located hand-washing facilities;
(c) change rooms and lunch rooms, if appropriate;
(d) a wastewater system that meets the requirements of applicable legislation,
regulations and municipal bylaws;
(e) storage facilities that are designed to store foods, ingredients, non-food
products and chemicals safely.
(3) A food establishment must have lighting, ventilation, heating, refrigeration and
plumbing that is appropriate to the specific activities of the food establishment and
that is considered acceptable by the Minister.
(4) All of the following types of restaurants must have accessible entryways,
washroom facilities and pathways that are considered acceptable by the Minister:
(a) newly constructed restaurants;
(b) restaurants located in a converted space that was not previously occupied by
a restaurant;
(c) restaurants located in a pre-existing restaurant space that was closed for at
least 12 months prior to the submission of an application for a food
establishment permit for the new restaurant.
Washroom facilities
20 (1) A food establishment must have washroom facilities for staff and washroom
facilities for the public available in a convenient location, unless exempted by the
Administrator.
(2) A washroom facility must be constructed, equipped, and designed in accordance
with the Nova Scotia Building Code.
(3) If an inspector gives written approval, the same washroom facilities may be used
for both staff and the public.
21 [repealed]
Living and sleeping quarters
22 All living and sleeping quarters that are located in the same building as a food
establishment, such as in a dwelling, must be separated from rooms and areas used for
the food establishment’s operations by floor-to-ceiling partitioning and solid self-closing
doors.
Design, construction, installation and maintenance of equipment
23 (1) All equipment and utensils used to process, prepare, store, serve, sell or display
food must be designed, constructed, installed and maintained to
(a) protect food from contamination;
(b) allow adequate cleaning, sanitizing and maintenance.
(2) Equipment used to cook, heat-treat, cool, store, display or freeze food must be
designed to
(a) achieve the required food temperature as rapidly as is necessary to maintain
food safety; and
(b) control temperature, humidity, air flow and any other condition that is likely
to have a detrimental effect on food safety.
(3) The equipment referred to in subsections (1) and (2) must be made of materials
that are suitable for their intended purpose and that are non-toxic to food.
Equipment for waste and recyclables
24 (1) Food establishments must provide equipment or containers to hold and handle
liquid and solid wastes and recyclables.
(2) Equipment or containers used for wastes and recyclables must be clearly identified
or labelled and used exclusively for that purpose.
Food Establishment Personnel
Illness of personnel
25 (1) Food service personnel must report any illness or condition to the operator if they
have been diagnosed with or believe or should reasonably suspect that they are
infected with a notifiable disease or condition that is transmissible through food.
(2) The operator must exclude or restrict any personnel who has notified them, or who
is reasonably suspected of having a notifiable disease, from activities in accordance
with Section 92 of the Act.
(3) A medical officer may remove an exclusion or restriction imposed under
subsection (2).
Notification of medical officer
26 An operator must notify a medical officer if any personnel meet any of the following:
(a) the person has been diagnosed with a notifiable disease or condition
transmissible by food;
(b) the person is known or suspected of being infected with a notifiable disease
or condition transmissible by food;
(c) the person has notified the operator under subsection 25(1).
Personnel policies and procedures
27 A food establishment must develop and demonstrate policies and procedures for
personnel that ensure that a person entering a food handling area or engaging in an
operation in a food establishment who comes into contact with food meets all of the
following:
(a) the person is clean and sanitary and shows good personal hygiene;
(b) the person wears sanitary clothing and footwear;
(c) the person takes adequate measures to prevent food from being
contaminated by hair;
(d) the person washes their hands as often as is necessary to prevent
contamination of food;
(e) the person removes any object or substance from their body that might fall
into or otherwise contaminate food;
(f) the person refrains from any behaviour or practice that risks contaminating
food.
Food hygiene training
28 (1) An operator must successfully complete a food hygiene training program and
provide proof of this to the Administrator upon request.
(2) If an operator is absent from a food establishment, the operator must ensure that a
member of the personnel who has successfully completed a food hygiene training
program is present.
(3) A person in a food establishment who comes into contact with food must be
trained or instructed in food hygiene to a level appropriate to the activity that the
person performs.
Controlling Hazards to Food Safety
Maintenance, cleaning, and sanitation programs
29 (1) An operator of a food establishment must have a maintenance, cleaning and
sanitation program in place to control the risk of contamination of food,
equipment, utensils and other facilities in the food establishment.
(2) A maintenance, cleaning and sanitation program must include procedures to ensure
that all of the following are done:
(a) the food establishment and equipment are maintained, cleaned and
sanitized;
(b) insects, rodents and other pests are controlled;
(c) the effectiveness of the program is monitored;
(d) all waste streams in and surrounding the food establishment are managed.
(3) A food establishment must provide facilities and equipment to implement the
maintenance, cleaning and sanitation program and must identify in their program
the cleaning and sanitizing agents used in the food establishment, including their
concentration and uses.
Source and types of food
30 An operator must ensure that all food in their food establishment is obtained from a
source that is subject to inspection or is food that is exempted by these regulations.
Control of meat
31 (1) Uninspected meats and meat products are not permitted in a food establishment.
(2) If an operator who holds a permit is exempt from subsection (1) by the
Administrator under subsection 3(3), an operator may have wildlife carcasses in a
food establishment for the purpose of processing the meat from the wildlife carcass
if all of the following conditions are met:
(a) the wildlife carcass is clean, edible and will not contaminate other food,
equipment or facilities;
(b) the wildlife carcass, or any part of it, is
(i) stored and processed so that the it does not come into direct contact
with other food; and
(ii) not processed in the same room of the food establishment at the same
time as food that has been inspected or processed in accordance with
these regulations;
(c) after the wildlife carcass is processed, all equipment is sanitized before
being used for processing inspected meat;
(d) the operator keeps a record, in a manner prescribed by an inspector or the
Administrator, of every wildlife carcass received by the food establishment;
(e) the operator provides a record kept under clause (d) to an inspector or a
conservation officer appointed under the Wildlife Act on their request.
32 [repealed]
Food temperature controls
33 (1) An operator must ensure that the temperature of food is controlled so that the food
does not deteriorate or become inedible or unsafe.
(2) The operator must ensure that all refrigeration and heat-holding equipment has a
temperature measuring device that is accurate and in good repair.
Care of food and food ingredients
34 An operator must ensure that a food establishment is operated so that all food and food
ingredients are processed, manufactured, handled, prepared, packaged, served, sold,
offered for sale or distribution free of charge, dispensed, displayed and stored in a
manner that prevents contamination and adulteration.
Quality assurance systems
35 (1) If directed by an inspector, a food establishment must have a quality assurance
system in place that identifies, implements, monitors and verifies critical factors in
the processing and preparation of food and that effectively prevents contamination
or adulteration of food and ensures food safety.
(2) A quality assurance system must do all of the following:
(a) provide mechanisms to identify specific ingredients or food additives and
the amounts used in a food;
(b) provide mechanisms to control the addition of food additives and nutrients
to meet the requirements of the Food and Drugs Act (Canada);
(c) ensure that information on a food label is complete and accurately
represents the food;
(d) ensure that controls are put in place to prevent food mislabelling.
Deviation or defect in quality assurance system
36 If directed by an inspector, a food establishment must have procedures in place for when
a deviation or defect that could affect food safety occurs in their quality assurance
program
(a) to identify and evaluate food safety;
(b) to isolate foods; and
(c) that set out corrective actions to be taken and ensure that changes are made
to the quality assurance system.
Maintenance of quality assurance system records
37 (1) If directed by an inspector, a food establishment must maintain records that
demonstrate the quality assurance system used to ensure food safety in the
processing or preparation of a food.
(2) Records maintained under subsection (1) must be made available when requested
by an inspector.
Serving and re-selling unused food
38 (1) A potentially hazardous food that is served or sold to a purchaser and is unused or
returned by the purchaser must not be served again or resold.
(2) A food may be served again or resold if it meets all of the following:
(a) it is not potentially hazardous;
(b) it is individually packaged;
(c) it is unopened and in its original container.
Live animals not permitted in food establishments
39 (1) Except as otherwise permitted by this Section, an operator must not permit any live
animal to be in a food establishment.
(2) An operator may permit the following live animals to be in a food establishment in
the circumstances indicated:
(a) a service dog, if permitting the guide animal to enter does not pose a risk of
contaminating the food; and
(b) edible fish, crustaceans, shellfish or live fish in an aquarium.
(3) Other than during meals, pets are allowed in a common dining area of a day care,
child-caring facility, nursing home or home for residential care, if all of the
following requirements are met:
(a) the common dining area is separated from all food storage and food
preparation areas by partitions and self-closing doors;
(b) condiments, equipment and utensils are stored in enclosed cabinets or
removed from the common dining area when a pet is present;
(c) after a pet has left the common dining area, the area, including tables,
countertops and similar surfaces, is cleaned and sanitized before the next
meal service.
(4) An operator may allow dogs in an outdoor dining area if all of the following
conditions for the outdoor dining area are met:
(a) the area is not fully enclosed with floor to ceiling walls and the Department
determines it is not part of the interior physical facility;
(b) the area is equipped with an entrance that is separate from the main indoor
entrance to the food establishment and patrons do not bring dogs through
the indoor dining space to enter or exit the restaurant;
(c) there are signs posted at each entrance to the area in such a manner as to be
clearly observable by the public stating that dogs are allowed in the outdoor
dining area and including the responsibilities of the pet owner under clauses
(f), (g), (h) and (i);
(d) food is not prepared, including mixing drinks and serving ice, in the outdoor
dining area, except that a beverage glass may be filled from a pitcher or
other container that has been filled or otherwise prepared inside the food
establishment;
(e) food establishment employees do not touch, pet or otherwise handle a dog
(i) while serving food or a beverage,
(ii) while handling tableware, or
(iii) before entering another part of the food establishment;
(f) dogs do not have contact with reusable food service dishes or utensils;
(g) dogs are not given any food, including dog kibbles, biscuits or edible treats,
while in the area;
(h) dogs are not on any seat, chair, patron’s lap, table, countertop or similar
surface in the outdoor dining area;
(i) dogs are kept on a leash or within a pet carrier and are under the control of
an adult at all times;
(j) each table and chair in the area is sanitized after each use and spilled food
and drink is removed from the floor or ground between seatings of patrons;
(k) the establishment provides effective means for cleaning up dog vomitus and
fecal matter.
40 [repealed]
41 [repealed]
Testing, Inspection and Contaminated Food
Sampling and testing food
42 (1) An inspector may require an operator to implement sampling and testing
procedures to demonstrate any of the following:
(a) that food is not contaminated;
(b) that an established procedure does not result in the adulteration of food; and
(c) that compositional standards set by government agencies and marketing
boards are met.
(2) Upon request of an inspector, the operator must provide the results of sampling
and testing procedures from an accredited laboratory.
Inspector detaining and condemning foods
43 (1) An inspector who reasonably believes that a food in a food establishment is
adulterated, contaminated or from an uninspected source must do one of the
following:
(a) detain the food and securely attach a hold tag bearing the words “Nova
Scotia Held”;
(b) condemn the food and have it disposed of in a manner that is satisfactory to
an inspector or the Administrator.
(2) An inspector who detains a food may submit samples to an accredited laboratory
for testing.
Provision of samples to an inspector
44 At the request of an inspector, an operator of a food establishment must, without charge,
provide the inspector with samples of a food, ingredient, food additive, container or
packaging material used or to be used in the manufacturing, processing or preparation of
food, for the purposes of laboratory examination.
Recall of food
45 (1) If directed by an inspector or the Administrator, an operator must establish
(a) a written procedure that ensures the timely and complete recall of any lot of
a food; and
(b) a food distribution record to enable the operator to recall any lot of a food.
(2) Food returned to a food establishment as part of a recall, may be held for disposal
under the direction and supervision of an inspector.
Contaminated or adulterated food
46 An operator must not sell, offer for sale, supply, prepare, process, package, display,
serve, dispense or store food that is contaminated or adulterated.
Packaging, Storing and Transporting Food
Labelling and packaging food
47 (1) An operator must ensure that all food in the food establishment is
(a) labelled and identified as being from a source that is subject to inspection;
or
(b) food that is exempted in accordance with Section 31.
(1A) Upon request of an inspector, an operator must provide proof of the source of food.
(2) An operator must
(a) provide adequate food safety information to enable the purchaser to handle,
store, process, prepare or display the food safely; and
(b) ensure that refrigerated, prepared ready-to-eat food that may be held for
longer than 24 hours is clearly marked at the time it is prepared to indicate
the date by which the food must be consumed.
(3) An operator must ensure that containers, materials, and procedures used for food
packaging and labelling do all of the following:
(a) prevent contamination of the food;
(b) provide an environment that adequately controls contamination;
(c) protect the food from damage likely to make the food inedible.
Storing and transporting food
48 (1) An operator must ensure that all food is stored and transported under conditions
that do all of the following:
(a) protect the food from contamination;
(b) provide an environment that adequately controls contamination;
(c) protect the food from damage likely to make the food inedible.
(2) A conveyance or container used that is used to transport or store food must be
designed, constructed and maintained so that they do all of the following:
(a) provide the food with adequate protection from contamination;
(b) allow adequate cleaning and, if an inspector considers it necessary,
sanitization;
(c) adequately maintain temperatures, relative humidity and other conditions
necessary to protect food from contamination as a result of harmful
microbiological growth;
(d) permit the adequate separation of different foods from one another and from
non-food items if necessary.
(3) An operator must ensure that all food received at their food establishment is
transported in accordance with subsections (1) and (2).
Storing food ingredients and food packaging
49 (1) An operator must ensure that food ingredients and food packaging materials must
be stored in a dry storage room or designated area that
(a) protects the food ingredient or food packaging material from contamination;
and
(b) provides an environment that is dry and in which moisture and humidity are
controlled.
(2) Before being placed in the dry storage room or designated area, opened packages
of food ingredients and food packaging materials must be
(a) transferred to clean, suitably covered containers or be sealed and securely
closed; and
(b) clearly identified as to content.
Storage of articles not used in food preparation or processing
50 An operator must ensure that articles, equipment or materials not associated with the
processing or preparation of food are stored
(a) separately from areas where food is processed or prepared; and
(b) in a manner that does not contaminate food or food preparation areas.
51 [repealed]
52 [repealed]
The following regulations are not yet in force and
are not included in the current consolidation:
Note: Only regulations that are specifically repealed and
replaced appear in this table. It may not reflect the entire history of
regulations on this subject matter.