This is an official version.

Copyright © 2007: Queen's Printer,
St. John's, Newfoundland and Labrador, Canada

Important Information
(Includes details about the availability of printed and electronic versions of the Statutes.)

Newfoundland and Labrador
Regulation 2007


NEWFOUNDLAND AND LABRADOR REGULATION 75/07

NEWFOUNDLAND AND LABRADOR
REGULATION 75/07

In-Province Retail Fish Establishment Regulations
under the
Fish Inspection Act

(Filed July 10, 2007)

Under the authority of subsection 4(2) of the Fish Inspection Act, I make the following regulations.

Dated at St. John’s, June 22, 2007.

Tom Rideout
Minister of Fisheries and Aquaculture

REGULATIONS

Analysis


        1.   Short title

        2.   Interpretation

        3.   Application

        4.   General establishment requirements

        5.   Floor surfaces

        6.   Interior wall surfaces

        7.   Ceilings

        8.   Overhead areas

        9.   Windows

      10.   Doors

      11.   Ventilation

      12.   Illumination

      13.   Toilet facilities

      14.   Water supply

      15.   Disinfection facilities

      16.   Equipment surfaces

      17.   Equipment requirements

      18.   Container requirements

      19.   Offal bins

      20.   Conveyors

      21.   Utensils

      22.   Freezing facilities

      23.   Roller devices

      24.   Coolers

      25.   Packaging and labelling

      26.   Storage of ingredients and additives


Short title

        1. These regulations may be cited as the In-Province Retail Fish Establishment Regulations.

Interpretation

        2. (1) In these regulations,

             (a)  "Act" means the Fish Inspection Act;

             (b)  "cleaning" means the removal of soil, food, fish residues, blood, waste water, dirt or other debris from a processing area and processing equipment;

             (c)  "disinfection" means the reduction of the amount of micro-organisms to a level that does not cause pose a health risk;

             (d)  "durable", in respect of construction material, means resistant to decay, breakdown or other physical damage;

             (e)  "impervious", in respect of a material, means an inert material such as concrete through which water or any other substance will not pass;

              (f)  "in-province retail fish establishment" means a fish processing establishment licensed under the Act that is only authorized to market the fish that it processes for in-province trade

             (g)  "non-absorbent", in respect of a material, means a material that is highly resistant to the passage, absorption or incorporation of water or another substance;

             (h)  "non-corrodible" means any metal or other material that does not readily rust, corrode, erode or otherwise decay;

              (i)  "non-toxic" means not injurious to health; and

              (j)  "smooth" means a fairly regular or even surface without projections, indentations or roughness and that can be easily cleaned and disinfected.

             (2)  Notwithstanding the definition of "fish" in the Act, for purposes of these regulations, a reference to "fish" includes a reference to "marine plants" and a reference to a "container or carton of fish" includes a reference to a "container or carton of marine plants" except where the context indicates otherwise expressly or by necessary implication.

Application

        3. These regulations apply only to an in-province retail fish establishment.

General establishment requirements

        4. The layout, design and construction of an in-province retail fish establishment shall

             (a)  permit adequate cleaning and disinfection of all areas in the establishment;

             (b)  prevent the accumulation of dirt, the contact of fish with toxic materials and floor surfaces, the shedding of foreign particles into fish and the formation of condensation or mould on surfaces;

             (c)  permit good production practices, including protection against contamination and cross-contamination by fish, equipment, water, air or personnel and any other sources of contamination, including insect and animal pests; and

             (d)  provide suitable temperature conditions that permit sanitary processing and storage of fish.

Floor surfaces

        5. (1) The surface of floors

             (a)  in wet working areas where fish is received, held, processed or packaged shall be

                      (i)  constructed of smooth, impervious, non-toxic material, such as concrete or other material acceptable to the minister,

                     (ii)  free from cracks and crevices, and

                    (iii)  sloped for drainage purposes; and

             (b)  in dry working areas shall be constructed of concrete, plywood or other material that is acceptable to the minister.

             (2)  Drains shall be 

             (a)  of a type and size sufficient to carry off any process effluent and water from processing and cleaning operations;

             (b)  constructed in a manner that prevents the entry of insect and animal pests, sewer gases or any other deleterious substance;

             (c)  equipped with non-corrodible covers or grates; and

             (d)  where connected directly to a sewer, equipped with traps.

Interior wall surfaces

        6. Interior wall surfaces

             (a)  in wet working areas where fish is received, held, processed or packaged shall be constructed of smooth, non-absorbent, light coloured material acceptable to the minister and that can be thoroughly washed up to a height of not less than 1.2 metres; and

             (b)  in dry working areas where fish is packaged or stored shall be constructed of light coloured material acceptable to the minister.

Ceilings

        7. A ceiling in a room where fish is processed or packaged shall be

             (a)  free from cracks, crevices and open joints; and

             (b)  constructed of smooth, washable, non-toxic, light coloured material acceptable to the minister.

Overhead areas

        8. Overhead spaces above working areas on which fish is prepared or packed and heating units, water feed lines, piping, lighting, public address or radio systems and other overhead fixtures in such spaces shall be designed, constructed, installed and finished to prevent the accumulation of dirt and to reduce condensation, the growth of mould and the shedding of foreign particles into fish being processed beneath.

Windows

        9. Windows that can be opened to the outside, and any other openings to the outside, shall be constructed to prevent the accumulation of dirt and be fitted with non-corrodible insect-proof screens or other similar devices.

Doors

      10. (1) Doors and air curtains into and out of processing and support areas shall be

             (a)  constructed of smooth, non-absorbent, non-toxic washable material;

             (b)  properly fitted and hung; and

             (c)  maintained in sound condition for ease of cleaning and disinfection.

             (2)  A door in an establishment

             (a)  shall be located so that a person may not enter directly into a processing area, other than a holding room, from outside the establishment; and

             (b)  if used as an emergency exit from a processing area, shall be clearly marked "Emergency Use Only" or with other similar wording and equipped with an emergency door opening device, panic bar or similar device to prevent entry from the exterior of the establishment.

Ventilation

      11. A natural or mechanical ventilation system shall provide clean air, inhibit condensation and maintain conditions that are free from smoke, steam or foul odours and an opening for the ventilation of the processing or support areas shall be fitted with a non-corrodible insect-proof and animal-proof screen or other similar device.

Illumination

      12. Natural or artificial lighting shall be provided at an intensity adequate to ensure its effective delivery to the processing operation being conducted and a light fixture shall have an appropriate cover and be installed for ease of cleaning and disinfection.

Toilet facilities

      13. (1) Flush toilets shall be

             (a)  present in adequate numbers for both sexes;

             (b)  conveniently located adjacent to processing areas; and

             (c)  equipped with floor drains that will prevent any overflow of water or sewage from entering or contaminating a processing area,

and toilet areas shall be designed so that they do not lead directly into processing areas.

             (2)  A room in which toilet facilities are located shall have a door that is constructed and maintained in a sound condition to minimize the risk of contamination and facilitate cleaning and disinfection and installed to allow adequate cleaning of the surrounding area.

             (3)  An adequate number of sanitary washbasins with a satisfactory supply of hot and cold water, single-use soap, and air dryers or single service towels shall be provided in adequate quantities and conveniently located in or visible from processing areas.

Water supply

      14. (1) An adequate supply of safe sanitary water having a coliform bacteria count of not more than 2 per 100 millilitres, or water from a source acceptable to the minister, under a minimum operating pressure of 140 kPa shall be provided for fish processing, establishment cleaning and disinfection, ice making, employee sanitation and personal hygiene and the operation of toilets.

             (2)  Notwithstanding subsection (1), an establishment may use water that does not meet the requirements of subsection (1) for fire protection, boilers or auxiliary services provided that the system supplying such water is not connected to the water supply referred to in subsection (1).

             (3)  An adequate supply of hot water at a temperature of at least 43° sufficient for the operations of the establishment shall be provided.

Disinfection facilities

      15. Facilities shall be provided at a convenient location for the disinfection of protective hand coverings used in processing areas.

Equipment surfaces

      16. (1) Fish processing equipment and ice handling or conveying equipment, including all surfaces, frames and legs, shall

             (a)  be constructed of smooth, non-corrodible, non-absorbent, non-toxic washable materials;

             (b)  be free from cracks and crevices;

             (c)  have joints that are smooth and watertight with joins that are impervious; and

             (d)  be maintained in a sound condition for ease of cleaning and disinfection.

             (2)  Notwithstanding subsection (1), ice screws or augers that are in contact with ice may be constructed of galvanized metal.

Equipment requirements

      17. (1) The frames and legs of all equipment on which fish is processed or packed shall be constructed of metal or other material acceptable to the minister.

             (2)  Tables shall be constructed and maintained in sound condition that enables tables and the areas beneath them to be cleaned easily and adequately. 

Container requirements

      18. (1) Boxes, carts, bins and other containers used in fish processing establishments to hold fish, other than live shellfish, before such fish is processed or shipped and trays, tanks, vats and other holding devices used for processing fish shall

             (a)  provide adequate drainage;

             (b)  have smooth surfaces free of cracks and crevices; and

             (c)  be made of non-corrodible material, other than wood, of a type acceptable to the minister.

             (2)  Notwithstanding paragraph (1)(a), live shellfish may be held in containers and other holding devices that do not provide drainage.

Offal bins

      19. (1) Receptacles for the effective disposal of fish offal shall be provided.

             (2)  Containers in which offal is stored shall be

             (a)  watertight and equipped with well-fitted covers;

             (b)  constructed of metal or other material acceptable to the minister;

             (c)  clearly marked "For Offal Only" or with other similar wording or colour coded; and

             (d)  kept in sound condition for ease of cleaning and disinfection.

Conveyors

      20. Conveyors in contact with fish shall be maintained in a sound condition for ease of cleaning and disinfection, be constructed of non-corrodible, non-absorbent, smooth, impervious, light-coloured and non-toxic materials or non-corrodible, non-absorbent, impervious and non-toxic wire mesh or chain link and, if necessary, be equipped with effective spray washers and scrapers.

Utensils

      21. Utensils shall be constructed of non-corrodible, non-absorbent, smooth, impervious and washable material maintained in a sound condition for ease of cleaning and disinfection.

Freezing facilities

      22. (1) Freezing facilities for processed fish shall be capable of reducing the temperature at the centre of a 25 millimetre thick block of unpackaged fillets to -18° in 2 hours or less.

             (2)  Where round or dressed fish is not contact frozen, freezing facilities shall be available to freeze fish by means of air at a temperature of -28° or colder moving at a velocity of not less than 122 metres per minute until the temperature at the centre of the thickest section of the fish is -18°.

Roller devices

      23. Roller devices used for extracting shellfish meat shall be

             (a)  constructed of non-corrodible, non-toxic and non-absorbent material acceptable to the minister;

             (b)  maintained in sound condition for ease of cleaning and disinfection; and

             (c)  equipped with spray washers.

Coolers

      24. Coolers or cold storage racking systems on which pallets of fish are stored shall be constructed of metal or other material acceptable to the minister and maintained in sound condition for ease of cleaning and disinfection.

Packaging and labelling

      25. Packaging and labelling materials shall be stored in dry and sanitary storage rooms that are

             (a)  intended for that purpose;

             (b)  constructed to provide protection from weather, contamination and the entry of insect and animal pests; and

             (c)  where appropriate, equipped with adequate temperature-control devices.

Storage of ingredients and additives

      26. Ingredients and additives such as salt and vinegar used in the processing of fish shall be stored in sanitary storage rooms that are

             (a)  intended for that purpose;

             (b)  constructed to provide protection from weather, contamination and the entry of insect and animal pests; and

             (c)  where appropriate, equipped with adequate temperature-control devices.