This page is a schedule to the Summary Offence Tickets Regulations, N.S. Reg. 281/2011.
View Legislative History Reference Tables for these regulations.

 

Schedule 49A
Regulations made under the Health Protection Act

 

Offence

Section

Out of Court Settlement

 

Food Safety Regulations

1

Failing to post permit in conspicuous location in food establishment

8(2)

$203.00

2

Operator failing to immediately cease operation of food establishment as directed

11(2)(a)

$672.20

3

Operator failing to close food establishment as directed

11(2)(b)

$672.20

4

Removing posted notice

11(3)

$672.20

5

Operator failing to comply with directions given by inspector

16(1)

$672.20

6

Removing or altering (specify) hold tag

16(2)

$672.20

7

Handling or using (specify) food that has hold tag without permission of inspector

16(3)

$672.20

8

Beginning to construct new food establishment or renovate or expand existing food establishment (specify) with construction plans and specifications not approved by inspector

18A

$485.90

9

Failing to locate, design, construct and maintain food establishment to minimize risk of contaminating food

19(1)(a)

$485.90

10

Failing to locate, design, construct and maintain food establishment to ensure operations are carried out in sanitized and appropriate area

19(1)(b)

$485.90

11

Failing to locate, design, construct and maintain food establishment to ensure surfaces and materials are durable, non-toxic and easy to maintain, clean and sanitize

19(1)(c)

$203.00

12

Failing to locate, design, construct and maintain food establishment to ensure design and layout allow for movement of food and personnel in way that prevents contamination

19(1)(d)

$485.90

13

Failing to locate, design, construct and maintain food establishment to prevent access and sheltering of insects, rodents and other pests

19(1)(e)

$485.90

14

Failing to provide potable hot and cold water at adequate pressure and volume with appropriate facilities to store and distribute water and control water temperature

19(2)(a)

$485.90

15

Failing to provide adequately designed and appropriately located hand-washing facilities

19(2)(b)

$485.90

16

Failing to provide change room and lunch room

19(2)(c)

$203.00

17

Failing to provide wastewater system that meets requirements of applicable legislation, regulations and municipal bylaws

19(2)(d)

$485.90

18

Failing to provide storage facilities designed to safely store foods, ingredients, non-food products and chemicals

19(2)(e)

$203.00

19

Failing to have appropriate lighting, ventilation, heating, refrigeration and plumbing considered acceptable by Minister

19(3)

$485.90

20

Failing to have washroom facilities available in convenient location

20(1)

$203.00

21

Failing to have washroom facility constructed, equipped and designed in accordance with Nova Scotia Building Code

20(2)

$203.00

22

Failing to have all living and sleeping quarters separated from areas used for food establishment operations by floor-to-ceiling partitioning and solid, self-closing doors

22

$203.00

23

Failing to design, construct, install and maintain equipment and utensils to protect food from contamination

23(1)(a)

$203.00

24

Failing to design, construct, install and maintain equipment and utensils to allow for adequate cleaning, sanitizing and maintenance

23(1)(b)

$203.00

25

Failing to use equipment (specify) designed to achieve required food temperature as rapidly as necessary to maintain food safety

23(2)(a)

$485.90

26

Failing to use equipment (specify) designed to control temperature, humidity, air flow and any other condition that is likely to have detrimental effect on food safety (specify)

23(2)(b)

$485.90

27

Failing to ensure equipment (specify) is made of material suitable for intended purpose and non-toxic to food

23(3)

$203.00

28

Failing to provide equipment or containers (specify) to hold and handle liquid and solid wastes and recyclables

24(1)

$203.00

29

Failing to identify equipment or containers (specify) used for wastes and recyclables

24(2)

$203.00

30

Failing to use wastes and recyclables equipment or containers (specify) exclusively for intended purpose

24(2)

$203.00

31

Member of personnel failing to report to operator illness or condition (specify) transmissible through food

25(1)

$485.90

32

Operator failing to exclude or restrict (specify) member of personnel who has notified operator or who is reasonably suspected (specify) of having notifiable disease from activities in accordance with Section 92 of Act

25(2)

$672.20

33

Operator failing to notify medical officer that member of personnel diagnosed with notifiable disease or condition (specify) transmissible by food

26(a)

$485.90

34

Operator failing to notify medical officer that member of personnel is known to be or suspected of being (specify) infected with notifiable disease or condition (specify) transmissible by food

26(b)

$485.90

35

Failing to develop and demonstrate policies and procedures that ensure personnel refrain from behaviour or practice (specify) that risks contaminating food

27(f)

$485.90

36

Operator failing to provide proof of completion of food hygiene training program

28(1)

$485.90

37

Operator failing to have member of personnel who has successfully completed food hygiene training program present while operator absent from food establishment

28(2)

$485.90

38

Failing to be trained or instructed (specify) in food hygiene to level appropriate to activity person performs

28(3)

$485.90

39

Operator failing to have maintenance, cleaning and sanitation program to control risk of contamination of food, equipment, utensils and other facilities

29(1)

$485.90

40

Failing to ensure maintenance, cleaning and sanitation program includes procedures to ensure food establishment and equipment maintained, cleaned and sanitized

29(2)(a)

$485.90

41

Failing to ensure maintenance, cleaning and sanitation program includes procedures to ensure insects, rodents and other pests are controlled

29(2)(b)

$485.90

42

Failing to ensure maintenance, cleaning and sanitation program includes procedures to ensure effectiveness of program is monitored

29(2)(c)

$485.90

43

Failing to ensure maintenance, cleaning and sanitation program includes procedures to ensure all waste streams in and surrounding food establishment are managed

29(2)(d)

$485.90

44

Failing to provide facilities and equipment to implement maintenance, cleaning and sanitation program

29(3)

$203.00

45

Failing to identify cleaning and sanitizing agent used in food establishment, including concentration and uses, in maintenance, cleaning and sanitation program

29(3)

$203.00

46

Operator failing to ensure food is obtained from source that is subject to inspection

30

$672.20

47

Permitting uninspected meat and meat products in food establishment

31(1)

$672.20

48

Operator failing to comply with conditions (specify) for having wildlife carcass in food establishment

31(2)

$672.20

49

Operator failing to ensure temperature of food is controlled so food does not deteriorate or become inedible or unsafe (specify)

33(1)

$672.20

50

Operator failing to ensure refrigeration and heat-holding equipment (specify) has temperature-measuring device that is accurate and in good repair

33(2)

$203.00

51

Operator failing to ensure that food and food ingredients are processed, manufactured, handled, prepared, packaged, served, sold, offered for sale or distributed free of charge, dispensed, displayed and stored in manner that prevents contamination and adulteration

34

$485.90

52

Failing to have quality assurance system to prevent contamination or adulteration (specify) of food and ensure food safety

35(1)

$203.00

53

Failing to have procedure to address deviation or defect (specify) in quality assurance program that could affect food safety

36

$203.00

54

Failing to maintain records of quality assurance system

37(1)

$203.00

55

Failing to make records of quality assurance system available to inspector

37(2)

$203.00

56

Serving or selling (specify) potentially hazardous food that has been previously served or sold (specify)

38(1)

$672.20

57

Operator permitting live animal in food establishment

39(1)

$485.90

58

Operator failing to provide results of sampling and testing procedures to inspector

42(2)

$203.00

59

Operator failing to provide inspector with sample of food, ingredient, food additive, container or packaging material (specify) upon request

44

$203.00

60

Operator failing to establish written procedure that ensures timely and complete recall of food

45(1)(a)

$203.00

61

Operator failing to establish food distribution record to enable operator to recall food

45(1)(b)

$203.00

62

Operator selling, offering for sale, supplying, preparing, processing, packaging, displaying, serving, dispensing or storing (specify) food that is contaminated or adulterated

46

$672.20

63

Operator failing to ensure food in food establishment is labelled and identified as being from source subject to inspection

47(1)(a)

$485.90

64

Operator failing to provide proof of source of food upon request of inspector

47(1A)

$672.20

65

Operator failing to provide adequate food safety information to enable purchaser to handle, store, process, prepare or display (specify) food safely

47(2)(a)

$203.00

66

Operator failing to ensure that refrigerated, prepared, ready-to-eat food held for longer than 24 hours is clearly marked to indicate date by which food must be consumed

47(2)(b)

$485.90

67

Operator failing to ensure that containers, materials and procedures used for food packaging and labelling prevent contamination of food

47(3)(a)

$485.90

68

Operator failing to ensure that containers, materials and procedures used for food packaging and labelling provide environment adequate to control contamination

47(3)(b)

$203.00

69

Operator failing to ensure that containers, materials and procedures used for food packaging and labelling protect food from damage

47(3)(c)

$203.00

70

Operator failing to ensure food received at food establishment is transported in accordance with regulations

48(3)

$485.90

71

Operator failing to store food ingredients and food packaging materials to protect from contamination

49(1)(a)

$485.90

72

Operator failing to store food ingredients and food packaging materials in dry, moisture and humidity controlled environment

49(1)(b)

$203.00

73

Failing to ensure opened food ingredients and food packaging materials are transferred to clean, covered containers or sealed and securely closed (specify) before placing in storage

49(2)(a)

$203.00

74

Failing to ensure contents of opened food ingredients and food packaging materials are clearly identified before placing in storage

49(2)(b)

$203.00

75

Operator failing to ensure that articles, equipment or materials (specify) not associated with processing or preparing food are stored separately from area where food is processed or prepared (specify)

50(a)

$203.00

76

Operator failing to ensure that articles, equipment or materials (specify) not associated with processing or preparing (specify) food are stored in manner that does not contaminate food or food preparation areas (specify)

50(b)

$485.90