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Newfoundland Regulation 1999 Food Premises Regulations (Amendment) (Filed June 28, 1999) Under the authority of section 3 of the Food and Drug Act, I make the following regulations. Dated at Joan Marie Aylward REGULATIONS Analysis 1.
S.2 Amdt 2. S.6 R&S 3. S.9 Amdt. 4. S.11 Amdt. 5. S.21 Amdt. 6. Ss.36 & 37 R&S 7. S.38 Amdt. 8. S.40 R&S 9. Sch A, B & C Added CNR 1022/96 1. (1) Section 2 of the Food Premises
Regulations is amended by adding immediately after paragraph (b) the
following: (b.1) "commercially
sterile" means the condition obtained in a milk product that has been
processed by the application of heat alone or heat in combination with other
treatments, to free the milk product of viable forms of micro-organisms,
including spores, that would be capable of growing in the milk product at the
normal temperatures at which the milk product is designed to be held during
distribution and storage; (2) Section
2 of the regulations is amended by adding immediately after paragraph (c) the
following: (c.1) "dairy"
means the part or parts of a dairy farm where milk is collected and stored and
includes a milking barn, milking parlour and a milk house; (3) Paragraph 2(i) of the regulations is amended by deleting the words and comma "including cattle, goats and sheep" and the comma immediately before those words. (4) Section
2 of the regulations is amended by adding immediately after paragraph (i) the
following: (i.1) "milk
house" means a building or structure where milk is cooled or stored or
milking equipment is cleaned, sanitized and stored; (i.2) "milking
barn" means a building or structure in which feeding and holding areas are
used in conjunction with a milking system; (i.3) "milking
parlour" means a building, structure or a portion of a building or
structure where milking occurs but where no animals are housed; 2. Section
6 of the regulations is repealed and the following substituted: Food premises 6. (1) Food premises shall (a) have (i) a separate food preparation, manufacturing or processing area if
these activities are carried out, (ii) washroom facilities as required under sections 29 and 30, and (iii) a separate food storage area; (b) be
free of a condition that may (i) be a health hazard, (ii) adversely affect the sanitary operation of the premises, or (iii) adversely affect the wholesomeness of food; (c) be
equipped to prevent the entrance of insects, rodents, dust or fumes; (d) limit
access of the public to the food preparation areas of the establishment; and (e) be
appropriately illuminated and equipped with adequate ventilation systems in
accordance with the National Building Code ( (2) In
a dairy, milk production and milk collection may be in the same area. 3. Section
9 of the regulations is amended by renumbering it as subsection 9(1) and by
adding immediately after that subsection the following: (2) Notwithstanding
subsection (1), a milking parlour and a milk house shall be illuminated and
equipped with adequate ventilation systems in accordance with the National
Dairy Regulation and Code ( 4. Paragraph 11(b) of the regulations is amended by deleting the word "microbial" and substituting the words and comma "microbiological, chemical or physical". 5. Section 21 of the regulations is amended by renumbering it as subsection 21(1), by deleting the word "or" in subparagraph (b)(i) and substituting the word "and" and by adding immediately after subsection 21(1) the following: (2) Paragraph (1)(b) does not apply to animals in the areas of a dairy, milking barn or milking parlour normally associated with the housing and milking of dairy animals. (3) An animal other than an animal involved in the milking process shall not be permitted in the areas referred to in subsection (2). 6. Sections
36 and 37 of the regulations are repealed and the following substituted: Milk supply 36. (1) An animal whose milk is intended for human
consumption shall be kept clean and free of diseases transmittable to humans by
its milk. (2) Milk
shall not be sold where it (a) comes
from an animal 15 days before and 3 days after parturition or a longer period
where it is necessary to ensure that the milk is free of colostrum; (b) contains
blood, coagulation or other foreign particles; (c) is
watery; (d) has
an odour that adversely affects its organoleptic characteristics; (e) is
contaminated with chemicals, drugs, pathenogenic micro-organisms or another
foreign residue; and (f) does not comply with those standards set out in Schedule A. Bulk milk tank 36.1 (1) Where milk is stored in a dairy for pickup
by a dairy plant, a bulk milk tank shall be installed in the milk house of that
dairy and that bulk milk tank shall (a) be
exclusively used for the storage and cooling of milk; (b) have
a capacity of not less than 2.5 days of milk production by a dairy animal herd
during its peak production period; (c) be
equipped with a measuring device which permits the determination of the volume
of milk contained in the tank; (d) have
mechanical agitation capable of restoring uniformity of all milk constituents
throughout the tank without the splashing or churning of the milk; (e) not
use air agitation; (f) be suitable for cooling milk and maintaining it at a temperature of
not less than 1° Celsius and not more than 4° Celsius; (g) be
equipped with a thermometer in working order in accordance with dairy industry
standards; and (h) be
equipped with an outlet cap. (2) A
bulk milk tank shall be (a) emptied
at least once in each 2 day period unless an inspector permits another period;
and (b) cleaned
and sanitized after each transfer of milk to a transport vehicle. (3) Milk
contained in a bulk milk tank shall be maintained at a temperature of not less
than 1° Celsius and not more than 4° Celsius (a) by
placing milk into the bulk milk tank immediately after milking; (b) by
cooling the milk from a first milking placed into the bulk milk tank to 10° Celsius or less within 1 hour of that placement
and to not less than 1° Celsius and not more than 4° Celsius within 2 hours of that placement; and (c) when
subsequent milkings are placed into the bulk milk tank, by ensuring that the blended
temperature does not rise above 10° Celsius and is cooled to and
maintained at not less than 1° Celsius and not more than 4° Celsius within one hour after the subsequent
milking. Transport vehicles 36.2 (1) A vehicle used for the transport of raw milk
shall (a) not
be used to transport a substance other than milk or potable water unless an
inspector permits otherwise; (b) have
all tanks, milk hoses and other equipment attached to it constructed and
maintained in the manner which complies with section 8; (c) have its milk holding tank constructed and operated in a manner that will maintain the milk at a temperature not less than 1° Celsius and not more than 4° Celsius; and (d) have
all surfaces which come into contact with milk cleaned and sanitized so as not
to create a health hazard. Dairy plants 36.3 (1) A dairy plant shall not procure a supply of
milk unless that supply is provided from a dairy which holds a licence issued
under section 5. (2) Milk
which is tainted, sour or otherwise does not meet the requirements of these
regulations shall be rejected by a dairy plant and returned to the shipper or
disposed of in a manner approved of by an inspector. (3) Except
when sold to a dairy plant to be pasteurized before further distribution, milk
intended for human consumption shall not be sold or offered for sale unless
that milk has been pasteurized in accordance
with these regulations. (4) Milk
received at a dairy plant shall be stored in a manner which prevents that milk
from being spoiled or contaminated. Pasteurization and sterilization 37. (1) A milk product shall be pasteurized or made
from milk which has been pasteurized in accordance with the time and temperature
requirements of Schedule B or in accordance with another equivalent process
which the minister may approve. (2) A
milk product which has been treated as ultra high temperature ( (3) Subsection
(1) shall not apply to cheese which has been manufactured in compliance with
the Food and Drugs Act (Canada). 7. (1)
Subsection 38(1) of the regulations is repealed and the following is
substituted: Milk products considered pasteurized or sterilized 38. (1) Milk products other than butter and goat's
milk shall be considered to have been pasteurized if the recording thermometer
chart indicates that the milk was heated as required under section 37 and the product is negative when tested for
the presence of alkaline phosphatase as determined by a method prescribed by
the minister. (2) Section
38 of the Act is amended by adding immediately after subsection (4), the
following: (5) A
milk product shall not contain detectable levels of food borne pathogens and microbial
toxins except as provided in Schedule C and shall meet the microbiological,
chemical and temperature standards required by Schedules A and C. (6) The
minister may, where the requirements and standards are more stringent than
those imposed under the Act and these regulations, adopt and impose chemical
and microbial standards and thermal processing parameters for milk and milk
based products imposed by the Government of Canada or by another province of
Canada. 8. Section
40 of the regulations is repealed and the following is substituted: Pasteurizer 40. (1) Pasteurization equipment and ultra high
temperature ( (2) A
pasteurizer used for milk products shall be equipped with indicating and
recording thermometers that are accurate, moisture proof and easily read. 9. The
regulations are amended by adding immediately after section 48 the following
Schedules: Schedule A Chemical
and Microbiological Standards
Schedule B Minimum
Thermal Processing Parameters for Batch
Schedule C Standards
for Milk Products
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