O. Reg. 338/07: Food Premises

 

ontario regulation 338/07

made under the

health protection and promotion act

Made: June 27, 2007
Filed: July 6, 2007
Published on e-Laws: July 6, 2007
Printed in The Ontario Gazette: July 21, 2007

Amending Reg. 562 of R.R.O. 1990

(Food Premises)

1. (1) Subsection 1 (1) of Regulation 562 of the Revised Regulations of Ontario, 1990 is amended by adding the following definition:

“public space” means a space, whether indoors or outdoors, to which the public is ordinarily invited or permitted access, either expressly or by implication, whether or not a fee is charged for entry;

(2) Subsection 1 (1) of the Regulation is amended by adding the following definition:

“street food vending cart” means a food premise,

(a) that is a cart set up on a temporary basis in a public space, and

(b) from which food is sold or offered for sale for immediate consumption;

2. Subsection 5 (3) of the Regulation is revoked.

3. The Regulation is amended by adding the following section:

Street Food Vending Carts

5.1 (1) The only foods permitted to be sold or offered for sale from a street food vending cart are,

(a) foods including, without being limited to, soda, pre-packaged salads and fruits and baked goods,

(i) that are pre-packaged in another food premise to which this Regulation applies or another premise that is similar to a food premise to which this Regulation applies and that is regulated under the laws of another jurisdiction for purposes similar to this Regulation, and that are transported from that other premise in a ready-to-eat state, and

(ii) that are sold in the street food vending cart in the packaging in which they are delivered;

(b) foods including, without being limited to, wieners or similar sausage products, pizza, samosas, burritos, beef patties and hamburgers,

(i) that are pre-cooked in another food premise to which this Regulation applies or another premise that is similar to a food premise to which this Regulation applies and that is regulated under the laws of another jurisdiction for purposes similar to this Regulation, and

(ii) that are re-heated on the street food vending cart prior to being sold or offered for sale;

(c) non-hazardous foods including, without being limited to, french fried potatoes, fruit juices, non-dairy smoothies, corn on the cob and whole fruit, that are either,

(i) prepared on the street food vending cart in a manner permitted under subsection (2), or

(ii) brought to the street food vending cart in a prepared state after being prepared in another food premise to which this Regulation applies or another premise that is similar to a food premise to which this Regulation applies and that is regulated under the laws of another jurisdiction for purposes similar to this Regulation; and

(d) other foods that are permitted to be sold or offered for sale under subsection (3).

(2) Food preparation for the purposes of clause 1 (c) is limited to preparation, including handling, that is conducted in a safe and sanitary manner that will prevent contamination of the non-hazardous foods, and that complies with all other applicable requirements of this Regulation respecting the safe preparation of foods.

(3) The operator of a street food vending cart may sell or offer to sell foods from the cart that are not listed in clauses (1) (a), (b) and (c) if,

(a) the medical officer of health has received a request from the operator to sell the items;

(b) the medical officer of health is satisfied that, with appropriate safeguards, the sale of the additional foods poses no greater risk to the health of the patrons of the street food vending cart than the sale of the foods listed in clauses (1) (a), (b) and (c);

(c) the medical officer of health has issued a letter of permission to the operator to permit the sale that sets out any requirements regarding the maintenance of the premise, equipment, food handling, cooking, preparation or storage that are necessary to ensure that the safeguards required under clause (b) are in place; and

(d) the operator complies with the requirements set out in the letter of permission, and posts the letter of permission in a prominent place.

(4) Street food vending carts are exempt from the provisions of sections 68 and 69, but where such a premise provides sanitary facilities for its employees the sanitary facilities shall be in compliance with sections 68 and 69.

(5) At every street food vending cart,

(a) only single-service articles shall be used;

(b) during all times when the premise is in operation the food preparation, food holding and food service areas of the street food vending cart shall be completely covered by an overhead canopy of corrosion-resistant, non-absorbent and readily cleanable material to prevent the adulteration of foods;

(c) separate holding tanks shall be provided for toilet and sink wastes; and

(d) every waste tank and water supply tank shall be equipped with an easily readable gauge for determining the waste or water level in the tank.

4. This Regulation comes into force on the later of August 1, 2007 and the day it is filed.