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Newfoundland Regulation 1999


NEWFOUNDLAND REGULATION 60/99

NEWFOUNDLAND REGULATION 60/99

Food Premises Regulations (Amendment)
under the
Food and Drug Act

(Filed June 28, 1999)

Under the authority of section 3 of the Food and Drug Act, I make the following regulations.

Dated at St. John’s, June 25, 1999

Joan Marie Aylward
Minister of Health and Community Services

REGULATIONS

Analysis


        1.   S.2 Amdt
Definitions

        2.   S.6 R&S
Food premises

        3.   S.9 Amdt.
Sanitation

        4.   S.11 Amdt.
Food contamination

        5.   S.21 Amdt.
Cleanliness

 

 

        6.   Ss.36 & 37 R&S
36.   Milk supply
36.1                       Bulk milk tank
36.2                       Transport vehicles
36.3                       Dairy plants
37.   Pasteurization and
        sterilization

        7.   S.38 Amdt.
Milk products considered pasteurized or sterilized

        8.   S.40 R&S
Pasteurizer

        9.   Sch A, B & C Added


CNR 1022/96
as amended

        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 (Canada) and the National Dairy Regulation and Code (Canada).

             (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 (Canada).

        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 (UHT) and which is aseptically packaged and milk products which have been sterilized in their container shall be commercially sterile.

             (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 (UHT) processing equipment shall be designed, constructed and operated to ensure the pasteurization of milk products.

             (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
For Raw Milk

 

Parameter

Standard

Temperature

At Dairies: 1° C to 4° C for milk contained in the bulk milk tank (subject to subsection 36.1(3)).

Total living mesophilic aerobic bacteria count

Maximum 50,000 total living mesophilic aerobic bacteria per ml.

Somatic cells

Cow’s milk: maximum 500,000 somatic cells per ml.
Goat’s milk: maximum 1,500,000 somatic cells per ml.

Veterinary drug residues

Absence of veterinary drugs and other inhibitors as tested by official methods.

Cryoscopy

Maximum: -0.508° C for cow’s milk.

 


Schedule B

Minimum Thermal Processing Parameters for Batch
and HTST Pasteurizers

 

Product

Pasteurization Type

Time

Temperature

Milk Based Products - below 10% MF

Batch/Vat

30 minutes

63°C

Milk Based Products - below 10% MF

HTST

15 seconds

72°C

Milk Based Products - 10% MF or higher, or added sugar (fluid cream, chocolate milk, flavoured cream)

Batch/Vat

30 minutes

66°C

Milk Based Products - 10% MF or higher, or added sugar (fluid cream, chocolate milk, flavoured cream)

HTST

15 seconds

75°C

Frozen Milk Product Mixes, Egg Nog

Batch/Vat

30 minutes

69°C

 

Frozen Milk Product Mixes, Egg Nog

HTST

25 seconds

15 seconds

80°C

83°C

 


Schedule C

Standards for Milk Products

Product

Parameter

Standard

Fluid cow’s milk products (except creams)

Freezing point

-0.508° C

Cheese (pasteurized milk)

S. aureus

E. coli

10,000 (/g)

1,000 (/g)

Cheese (unpasteurized milk)

S. aureus

E. coli

10,000 (/g)

1,000 (/g)

Cheese (pasteurized) without ripening, including fresh cheeses, lactic curd with a minimum of 50% moisture

Coliform

100 (/g)

Fermented milk products (e.g. buttermilk, yogourt, sour cream)

Coliform

100 (/g or ml)

Pasteurized milk, cream and other non-fermented milk products

Mesophilic aerobic bacteria (32° C)

Coliform

25,000 (/ml)

10 (/ml)

Frozen milk products

Mesophilic aerobic bacteria (32° C)

Coliform

50,000 (/ml)

100 (/ml)

Butter

Mesophilic aerobic bacteria (32° C)

Coliform

50,000 (/g)

100 (/g)

Milk powders and other milk product powders

Mesophilic aerobic bacteria (32° C)

Coliform

50,000 (/g)

100 (/g)

Evaporated, sweetened and condensed milk

Sterility

Commercially sterile