O. Reg. 74/04: Food Premises

 

ontario regulation 74/04

made under the

health protection and promotion act

Made: March 26, 2004
Filed: March 29, 2004
Printed in The Ontario Gazette: April 17, 2004

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

(Food Premises)

1. Section 33 of Regulation 562 of the Revised Regulations of Ontario, 1990 is revoked and the following substituted:

33. (1) The cooking, reheating, freezing and holding temperatures of food shall be in accordance with the requirements of this section.

(2) Except as otherwise provided in subsection (3), a hazardous food shall be distributed, maintained, stored, transported, displayed, sold and offered for sale only under conditions in which the internal temperature of the food is,

(a) 4 degrees Celsius, or lower; or

(b) 60 degrees Celsius, or higher.

(3) Subsection (2) does not apply,

(a) to a hazardous food during those periods of time that are necessary for the preparation, processing and manufacturing of the food; or

(b) to a hermetically sealed food that has been subjected to a process sufficient to prevent the production of bacterial toxins or the survival of spore-forming pathogenic bacteria.

(4) Whole poultry shall be cooked to reach an internal temperature of at least 82 degrees Celsius for at least 15 seconds.

(5) A food mixture containing poultry, egg, meat, fish or another hazardous food shall be cooked to reach a temperature of at least 74 degrees Celsius for at least 15 seconds in all parts of the mixture.

(6) The following shall be cooked to reach an internal temperature of at least 74 degrees Celsius for at least 15 seconds:

1. Poultry, other than whole poultry.

2. All parts of ground poultry.

3. All parts of ground meat that contains poultry.

(7) The following shall be cooked to reach an internal temperature of at least 71 degrees Celsius for at least 15 seconds:

1. Pork.

2. Pork products.

3. All parts of ground meat, other than ground meat that contains poultry.

(8) Fish shall be cooked to reach an internal temperature of at least 70 degrees Celsius for at least 15 seconds.

(9) Fish that is intended to be consumed raw, including raw-marinated and partially cooked fish, shall be frozen before preparation and serving to a temperature of minus 20 degrees Celsius or below for seven days or to a temperature of minus 35 degrees or below for 15 hours.

(10) Except as otherwise provided in subsection (11), a hazardous food that is cooked, cooled and reheated for hot holding must reach an internal temperature for at least 15 seconds during the reheating process that is at least as high as the minimum internal temperature the food must reach under this section during cooking.

(11) Whole poultry that is cooked, cooled and reheated for hot holding must reach an internal temperature for at least 15 seconds during the reheating process that is at least 74 degrees Celsius.

(12) The process of reheating a hazardous food in accordance with subsection (10) or (11) shall not take more than two hours.

(13) The operator of a food premise is exempt from the requirements of subsection (4), (5), (6), (7), (8), (9), (10) or (11) in respect of a hazardous food if,

(a) the medical officer of health is satisfied that cooking or reheating the hazardous food, as the case may be, to a different temperature or for a different length of time, or both, is sufficient to prevent the growth of pathogenic organisms, to prevent the production of toxins from pathogenic organisms and to destroy parasites; and

(b) the operator of the food premise ensures that the hazardous food is cooked or reheated, as the case may be, to the temperature and for the length of time required by the medical officer of health.

(14) An accurate thermometer that can be easily read shall be used to measure the internal temperature of hazardous foods.

2. Section 34 of the Regulation is amended by striking out “clause 33 (a)” in the portion before clause (a) and substituting “clause 33 (2) (a)”.

3. Subsections 40 (1) and (2) of the Regulation are revoked and the following substituted:

(1) The only meat permitted at a food premise is meat that has been obtained from an animal inspected under the Meat Inspection Act (Ontario) or the Meat Inspection Act (Canada) and that has been stamped and labelled or otherwise identified under one of those Acts.

(2) Despite subsection (1), a food premise where meat is sold, other than a food service premise, may have uninspected meat obtained through hunting that is at the food premise for the purposes of custom-cutting, wrapping and freezing it for its owner if,

(a) the uninspected meat is custom-cut, wrapped, frozen and stored in such a manner that it does not come into contact with inspected meat;

(b) each quarter or larger section of the carcass bears a tag showing the name and address of the owner of the uninspected meat; and

(c) each quarter or larger section of the carcass is legibly stamped “Consumer Owned, Not for Sale” on each of the primal cut areas, using ink made from non-toxic edible ingredients and in letters at least 1.25 centimetres in height.

4. (1) Clause 60 (a) of the Regulation is revoked and the following substituted:

(a) a service dog serving as a guide for a blind person or for a person with another medical disability who requires the use of a service dog, if the service dog is in an area of the food premise where food is served, sold or offered for sale;

(2) Section 60 of the Regulation is amended by adding the following subsection:

(2) A dog other than a guide dog for the blind is a service dog for the purposes of clause (1) (a) if,

(a) it is readily apparent to an average person that the dog functions as a service dog for a person with a medical disability; or

(b) the person who requires the dog can provide on request a letter from a physician or  nurse confirming that the person requires a service dog.

5. Clause 82 (b) of the Regulation is amended by striking out “subsection 76 (1)” and substituting “subsection 75 (1)”.

6. (1) Subject to subsections (2) and (3), this Regulation comes into force on the day it is filed.

(2) Sections 1, 2 and 3 come into force on the later of September 1, 2004 and the day this Regulation is filed.

(3) Section 4 comes into force on the later of March 1, 2005 and the day this Regulation is filed.